GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
Please carefully read these General Terms and Conditions for Online Sales before purchasing any one of the offered products or services.
The URL www.metabolance.com is the website of Claudia Kaiser, independent Business Owner under Belgian law (BE0841438772) having her registered office at Rue Fernand Neuray 71, 1050 Brussels, Belgium (telephone: + 32 477 75 92 85 – e-mail: firstname.lastname@example.org).
Claudia Kaiser offers Nutritional Coaching Programs and Consultations. She also sells digital products, such as ebooks and webinars. She does not sell physical products directly, however, she recommends carefully selected food and Non-Food products via affiliate links.
These General Terms and Conditions are binding upon both, Claudia Kaiser and the Customer.
Ordering any one of Claudia Kaiser’s products or services automatically entails acceptance of her General Terms and Conditions for Sales. Claudia Kaiser can adapt or change these general terms and conditions at any time and without further announcement. Every purchase after the change implies the acceptation of those new terms and conditions by the Customer.
These General Terms and Conditions for Online Sales apply to private individuals acting for non-commercial purposes. A Customer carrying out a purchase hereby certifies that he/she is legally qualified to carry out such a transaction.
The Customer agrees that electronic communication and back-ups can serve as proof of any transaction or process.
3. Right of withdrawal
In accordance with the Belgian law of 6 April 2010, a Customer who is a retail consumer, i.e. a non-professional private individual, is entitled to notify the company that he wishes to cancel his purchase, without being required to pay a penalty or provide justification, within 14 calendar days of the day following the date on which the product is delivered.
In order to exercise his right of return for a product which he finds unsatisfactory, a Customer shall be under the obligation to contact us either by telephone (+ 32 477 75 92 85) or e-mail (email@example.com) and be able to present a purchase proof upon request.
A product found unsatisfactory by a Customer shall be returned to us within 20 calendar days following the date on which the product is delivered. The product has to be in a perfect state of cleanliness, entirely intact and in its original packaging. If a product is returned to us in accordance with the above-mentioned requirements, then the Customer shall be reimbursed the purchase price. In such case, however, the costs associated with returning the product shall be borne by the Customer.
Once the legally-stipulated timeframe of 14 days has lapsed the delivery shall be deemed to have been irrevocably accepted by the Customer.
In accordance with article 46, §4 of the law of 6 April 2010, the consumer cannot use his right of withdrawal for the following products/services:
- Services that have already (completely or partially) been provided before the end of the 14 days period.
- Tailor-made articles based on the client’s specifications or personalised items that – because of their inherent nature – cannot be resold or that would deteriorate rapidly.
- Audio or video files that have been downloaded by the client.
- Journals, newspapers or magasines;
In those specific cases, the client cannot return the product nor ask for reimbursement.
To place an order for a digital product, a Customer must use the order form available on the website.
By placing an order, the Customer declares that he/she has read and accepted these General Terms and Conditions. In fact, by placing an order, he/she submits a purchase offer for the product or service he/she has selected. Claudia Kaiser reserves the right to accept or reject such offer without needing to provide any justification.
The Customer shall be asked to provide certain personal information (name, address, e-mail, gender, age, delivery information, payment method), indicate the products or services he/she has selected in the wished quantities and verify his/her order before validating it. By confirming the order the Customer formally accepts all the transactions carried out through this website.
An order confirmation e-mail shall be automatically sent to the Customer to inform him/her that his/her order has been submitted.
Despite the fact that the information on the website is composed with utmost care, it is still possible that the information is incomplete or not up-to-date. Claudia Kaiser will not be held liable for any of such shortcomings.
Prices are specified per product on the website. The total price of your order is indicated in the « basket » and can be verified before confirming the order. Prices are also indicated on the invoice. They are inclusive of VAT at the applicable rate. Shipping expenses are not applicable, since no physical products are sold.
Discounts and promotions can be given temporarily or on a standard basis depending on certain criteria. Customers buying during the promotion period or Customers fulfilling the discount criteria will receive the discount indicated at that point in time. Claudia Kaiser reserves the right to change discount criteria or start and stop promotions at any time without justification.
Nutrition Services are not reimbursed by health insurance since Claudia Kaiser is not an officially registered dietitian in Belgium.
The products or services selected can be paid for in the following ways:
- Bank transfer: Have to be received before the products are sent out.
- PayPal: Plus 5% service fee.
- Cash: Only for face-to-face Nutrition Services and products bought during those sessions.
7. Delivery / Shipping
Nutrition Services: are confirmed by e-mail. Depending on the service, the customer either takes an appointment for a face-to-face consultation or for a virtual consultation. Cancelations of appointments should be communicated as soon as possible.
Digital Products: you get access to download your product immediately after completing the purchase and payment process.
Food and Non-Food Products : Are not sold directly via the Metabolance website. You are linked to a partner`s / affiliate`s website. This partner is responsible for the content of his/her website.
The property rights and risks associated with the products ordered shall be transferred upon delivery of the paid goods. Any case of visible damage and/or qualitative deficiencies of a product or other deficiencies at the time of delivery, has to be reported immediately in order to avoid loss of any reclamation right.
Claudia Kaiser shall make all reasonable efforts to fulfill her obligations within the framework of this contract. However, she shall not be held liable for any loss or damages if the Customer is delayed in fulfilling an obligation (e.g. payment on time, not being able to receive the delivery) or due to a shortcoming attributable to external factors beyond her control.
Since no physical products are sold, no legal nor commercial guarantees are applicable.
9. Disputes, applicable law and jurisdiction
Claudia Kaiser shall make all reasonable efforts in an attempt to amicably settle any disputes in a rapid and efficient manner.
However, should a dispute give rise to legal action, it is hereby agreed that such legal action, as well as this contract and the order, shall be subject to Belgian law. In this connection, the courts of Brussels shall have sole jurisdiction in settling the dispute at hand.
The European commission is currently creating a platform for online dispute resolution. The link to this platform will be posted here once the platform is online.
If any one of the provisions in these terms and conditions is declared null or void, then this shall not have any impact whatsoever on the validity of the other provisions.
If the application of any one of the provisions in these terms and conditions is not deemed necessary by Claudia Kaiser in a concrete case, this shall not have any impact whatsoever on the validity of this very provision in other cases.
The Customer hereby acknowledges having read, understood and accepted these General Terms and Conditions.
Claudia Kaiser warrants that she shall handle your personal information in a strictly confidential manner and in accordance with national and international laws including the Belgian law of 8 December 1992 on the protection of privacy as modified by the law of 11 December 1998.
2. Information collection
Claudia Kaiser might collect the following personal information:
- Information on how you use this website (e.g. which sites you visit for how long, which products you looked at)
- Information you provide during registration for this website and/or the newsletter (name, gender, age, e-mail, Metabolic Type if applicable)
- Information you provide during the ordering and payment process (address, telephone, bank account number)
- Information you send to us via the website, e-mail or any other means of communication (questions, remarks, suggestions, complaints…
If you enroll in any Nutritional Program, the following information might also be collected:
- Health related information (diseases, medication you take, health problems in the present or in the past)
- Your size and weight
- Any information you provide in the context of the anamnesis, determination of your Metabolic Type or coaching sessions.
3. Purpose of Information Collection
Your personal information is stored in files administered and protected by Claudia Kaiser.
In providing Claudia Kaiser with your personal information you allow her to use this information for the following purposes:
- Administration of the website
- Personalization of the website for you
- Allowing you to log-in to your personal area of the website
- Suggest you products or services
- Realization of the purchase order, incl. delivery
- Managing the Customers’ database
- Improving the quality of services provided
- Information about new products, services or promotions
- Correspondence of any kind
- Collection of payments
You may, at any moment and without any need for justification, refuse the usage of your personal information. Either inform Claudia Kaiser by e-mail (firstname.lastname@example.org) or make use of the available opt-out options (e.g. in the newsletter).
4. Cookies and Statistics
Claudia Kaiser also keeps track of anonymous visitors’ statistics in order to evaluate customer behavior and to know to what extent each site is visited.
5. Other websites and Social Networks
This website contains links to social media, such as Facebook, You Tube or Twitter and to third party partner websites, such as amazon or other advertisers. Claudia Kaiser is not responsible for the content of those sites (except for her own Facebook Page) or the way they handle your personal information. However, you should be aware that those websites may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers.
6. Publication and disclosure of your personal information
Claudia Kaiser may be required to disclose your personal information on request by the authorities or to comply with any applicable laws or regulations. She shall never disclose, let or sell your personal information to commercial third parties.
7. Your rights
Claudia Kaiser is responsible for processing your personal information.
Any questions concerning your personal information may be submitted via post (Rue Fernand Neuray 71, 1050 Brussels, Belgium), telephone (+ 32 477 75 92 85) or e-mail (email@example.com).
For general inquiries regarding the protection of privacy, please contact the Commission for the Protection of Privacy at the Belgian Federal Public Service Justice.
You may at any time request that any inaccurate, incomplete or non-relevant information be rectified or deleted. This request has to be dated, signed and sent by post to Claudia Kaiser (Rue Fernand Neuray 71, 1050 Brussels, Belgium). You have to add a copy of your identity card to the letter. A copy of your updated personal information shall be provided to you within 45 days following the receipt of your request.
You are responsible for protecting your log-in and password from unauthorized usage. Your password is saved in an encoded way. Claudia Kaiser has no access to your password.
Please contact Claudia Kaiser if you are of the opinion that this website is violating your privacy (firstname.lastname@example.org). She will take all reasonable measures to identify and rectify the problem.