General Terms and Conditions

Seller’s Identity

Curafyt BV
Nachtegaalstraat 10
9320 Erembodegem
Email: info@curafyt.com
Phone: +32 53 89 51 81
Company number: BE0743.616.351
Bank account: BE36 0018 7853 9281

Article 1 – General Provisions

1.1. These general terms and conditions (GTC) apply to all agreements concluded by Curafyt with consumers. For the purposes of these GTC, a consumer is defined as any natural person acquiring or using products or services placed on the market solely for non-professional purposes. These GTC take precedence over any terms and conditions from the buyer. By placing an order, the buyer agrees to these GTC.

1.2. Deviations or additions to these GTC are only valid if accepted in writing and in advance by Curafyt. Curafyt reserves the right to modify these GTC. Continued use of the Curafyt website or the placement of a new order implies acceptance of the new GTC.

1.3. We only deliver to Belgium, Austria, Denmark, Finland, France, Germany, Ireland, Luxembourg, the Netherlands, Sweden, Switzerland (only horse supplements), Spain, Italy, Portugal, and Poland. If the buyer provides a delivery address in another country, we may refuse the order.

1.4. By placing an order, the buyer confirms to be at least 18 years old or to be acting under the supervision of a parent or legal guardian. The buyer accepts that products may only be administered by persons aged 13 or older. Curafyt reserves the right to
request proof of age from users and may block access if the criteria are not
met.

Article 2 – Offer and Products

2.1. The offer on www.curafyt.com consists of nutritional supplements and care products for animals.

2.2. If an offer has a limited validity or is subject to specific conditions, this will be explicitly mentioned in the offer.

2.3. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow the buyer to assess the offer properly. The images on the website are for illustrative purposes only but provide a truthful representation of the offered products.

2.4. Each offer contains sufficient information so that the buyer clearly understands the rights and obligations associated with accepting the offer.

Article 3 – Orders

3.1. An order constitutes an offer by the buyer to Curafyt to purchase the products listed in the order. Curafyt will send a confirmation email acknowledging receipt of the order and summarizing its details (the Order Confirmation). Unless the Order Confirmation explicitly states otherwise, it only confirms that Curafyt has received the order and does not constitute acceptance of the buyer’s offer to purchase.

3.2. Unless already accepted in the Order Confirmation, the acceptance of the order will be confirmed in a separate email before dispatching the products.

3.3. If the buyer’s card issuer refuses to authorize payment to Curafyt, Curafyt cannot be held liable for any delay or non-delivery. Orders without valid payment under the name of the registered cardholder will not be accepted or processed.

Article 4 – Subscriptions

4.1. The buyer canchoose to subscribe for an indefinite period with automatic delivery at monthly, bimonthly, or quarterly intervals. This allows the buyer to receive products periodically. The delivery frequency can be changed at any time
according to the options available in the subscription.

4.2. The buyer may cancel the subscription at any time via the customer portal or by emailing info@curafyt.com. After cancellation, the subscription can be reactivated via the customer portal. Cancellation is subject to the rules set out in Article 13.

4.3. To enable subscription options, Curafyt uses the services of the third-party platform Shopify Recharge. Orders processed via subscription create obligations solely between the buyer and Curafyt as the seller.

Article 5 – Price, Invoice, and Payment

5.1. The applicable prices are those shown on the Curafyt website at the time of the order. Curafyt checks for material errors in listed prices when processing the order.

5.2. Unless explicitly stated otherwise, all prices are in EUR and include VAT and other taxes. Additional costs, such as shipping (see Article 13), are not included.

5.3. If products are shipped to a country different from the country of dispatch, the buyer may be subject to import duties or taxes. These are levied once the package reaches the buyer’s destination and cannot be estimated by Curafyt. All customs charges are the buyer’s responsibility.

5.4. If the buyer requests an invoice or is VAT-liable, they agree to receive invoices electronically. When using a VAT number, the buyer must provide it in advance via info@curafyt.com or billing@curafyt.com.

5.5. Curafyt only accepts payment through the website's payment modules. For payments in EUR: Visa, Mastercard, Apple Pay, Google Pay, PayPal, Mollie (iDeal, KBC/CBC, Belfius, Sofort, Klarna Slice It, Klarna Pay Now, Klarna Pay Later). In
countries using a currency other than EUR, only Visa, Mastercard, Apple Pay, and Google Pay are accepted. For subscriptions, only credit cards (Visa or Mastercard) are accepted.

5.6. Payments are made online and are secured through a secure server. For bank transfers (only with Curafyt’s prior agreement via info@curafyt.com), products will only be delivered after receipt of payment, which must be received within 7 days of the payment request. If payment is not made on time, Curafyt may cancel the agreement without any further obligation.

5.7. The buyer is not entitled to deduct any claimed counterclaims from the purchase price. Offsetting is therefore excluded. Discounts are not accepted unless explicitly indicated on the website.

5.8. If a consumer fails to pay on time, they will first receive a free written reminder. If
payment is not made within 15 days of receiving the reminder, 10% interest and a surcharge will be applied:

• €20 if the outstanding balance is €150 or less;
• €30 + 10% of the amount between €150.01 and €500 if the balance is between €150.01 and €500;
• €65 + 5% of the amount above €500, with a maximum of €2000 if the balance exceeds €500.

5.9. If a non-consumer is late with payment, a 10% annual interest is applied automatically without notice, plus a flat fee of 10% of the outstanding amount (minimum €25) to cover administrative and collection costs. Interest is calculated daily until full payment. All reasonable collection costs, including legal fees, experts’ fees, court costs, etc., are at the buyer's expense.

5.10. Any payment by the buyer will first be used to cover judicial and extrajudicial costs and the due interest, and then applied to the oldest outstanding payment request.

Article 6 – Delivery

6.1. All goods and services are delivered to the address indicated by the buyer when placing the order. Shipping costs are charged separately. For this, Curafyt refers to its shipping and refund policy. Delivery takes place only after payment is received.

6.2. Most products are available from stock. If a product is not available at the time of the order, Curafyt may inform the buyer and refuse the order. In this case, the buyer may choose either a refund or a delayed delivery if the product is back in stock within 30 days.

6.3. If the items are in stock, delivery usually takes 1 to 4 working days. Curafyt informs the buyer of the estimated delivery time in the order confirmation. Delivery times are indicative and Curafyt cannot be held liable for delays. If delivery takes longer than 30 days, Curafyt will refund the amount paid.

6.4. If Curafyt does not inform the buyer before the initially expected delivery date expires, the consumer may cancel the agreement free of charge once that period has passed. Curafyt will refund the buyer within 30 days of cancellation.

6.5. Curafyt is not responsible for any consequential damages due to delayed or failed delivery by a shipping provider. Curafyt’s liability is limited to the value of the items not received, as proven by the buyer.

6.6. If the buyer fails to fulfill any of their contractual obligations toward Curafyt, Curafyt has the right to suspend further deliveries and services.

6.7. Curafyt is not necessarily the manufacturer of the products. While Curafyt strives to provide complete and up-to-date information about the products, it cannot guarantee the accuracy of third-party manufacturer information. Before using any product, the buyer must consult the packaging, labels, and any warnings or instructions included with the product.

Article 7 – Conformity and Warranty

7.1. Curafyt guarantees that the goods comply with the order and meet the normal expectations of the buyer, considering the product’s specifications. Curafyt also guarantees that its products comply with all Belgian laws in force at the time of the order.

7.2. If the delivered product does not conform to the order, the consumer is entitled to a legal two-year warranty. As far as possible and reasonable, the buyer may choose between repair or replacement. Only if repair or replacement is excessive, impossible, or cannot be carried out within a reasonable period, may the buyer demand a price reduction or the dissolution of the sale.

7.3. Complaints regarding hidden defects must be submitted by email to info@curafyt.com within a reasonable time after discovery.

Article 8 – Liability

8.1. Curafyt’s liability for all claims arising from or relating to the products or their use is limited to the value of the last delivery of the product to the buyer.

8.2. Curafyt is only liable for intentional misconduct or gross negligence, and only for damage that is a direct and immediate result of the agreement between the buyer and Curafyt. Curafyt is not liable for indirect damages, including (but not limited to) loss of revenue, missed profits, or other consequential damages.

8.3. The products offered comply with Belgian legislation. Packaging weights may change depending on product range updates. Curafyt reserves the right to add or remove products from its catalog at any time.

8.4. Photos and descriptions of products are for illustrative purposes only and do not form part of the agreement. Curafyt cannot be held liable for errors in these images or texts.

8.5. Hyperlinks on the website may lead to external sites. Curafyt explicitly declares that it has no control over the content of these links and cannot be held liable if their content violates applicable laws or regulations.

8.6. The buyer confirms and agrees to follow the conditions and precautions for product use as stated on the packaging or detailed product descriptions on the Curafyt website.

8.7. Curafyt is not liable for any damages resulting from incorrect use of the delivered products. The buyer must review instructions and conditions prior to use and, in case of doubt, contact the manufacturer or Curafyt. Curafyt is not responsible for technical defects in packaging or errors in manufacturer instructions.

8.8. Curafyt is not liable for the product’s suitability for a specific animal or for any adverse effects on the animal. Curafyt is also not liable for damages caused by poor care, negligence, insufficient veterinary follow-up, or failure to follow instructions. Products are intended for animals in good health. It is the buyer’s responsibility to consult a vet to validate the diet and monitor the animal’s reaction with the vet's support. Curafyt assumes no liability in this regard.

8.9. Curafyt is not responsible for changes made by manufacturers or suppliers to product compositions.

Article 9 – Force Majeure

9.1. In the event of force majeure, Curafyt is not obliged to fulfill its contractual obligations. In such cases, Curafyt may either suspend its obligations for the duration of the force majeure or permanently terminate the agreement. No compensation will be owed.

9.2. Force majeure includes any situation beyond Curafyt’s control that prevents fulfillment of obligations, in whole or in part. This includes (but is not limited to) strikes, fire, pandemics, business disruptions, energy failures, (tele)communications disruptions, unavailability of the website, and non-delivery or late delivery by suppliers or third parties.

Article 10 – Delivery of Products, Transfer of Risk and Ownership

10.1. The risk transfers to the buyer (i) once the buyer physically receives the goods, or (ii) upon delivery of the products by Curafyt to the buyer.

10.2. Curafyt will inform the buyer of the delivery date and time as soon as reasonably possible. Delivery times are always indicative, and Curafyt may make partial deliveries unless explicitly agreed otherwise.

10.3. The buyer must take all necessary steps to ensure delivery can take place and is liable for any costs incurred by Curafyt if the buyer fails to cooperate with the delivery.

10.4. The products remain the full and exclusive property of Curafyt until full payment of the invoice (including principal, costs, and interest), even if the products have already been delivered.

Article 11 – Intellectual Property

11.1. The website, logos, texts, photos, names, and all communications by Curafyt are protected by intellectual property rights owned either by Curafyt, its suppliers, or other rightful owners.

11.2. It is prohibited to use and/or make changes to intellectual property rights as described in this article. For example, drawings, photos, names, texts, logos, color combinations, etc., may not be copied or reproduced without prior written consent from Curafyt.

Article 12 – Complaints

12.1. Complaints regarding non-conforming deliveries and visible defects must be reported immediately at the time of delivery via email (info@curafyt.com); otherwise, the complaint will be deemed inadmissible.

12.2. Filing a complaint does not relieve the buyer from their payment obligations.

12.3. Returned items must be sent free of charge and without costs to Curafyt, and will only be accepted by Curafyt upon prior written approval.

Article 13 – Returns / Right of Withdrawal

13.1. In accordance with Book VI of the Belgian Economic Law Code regarding consumer information and protection, the buyer acting as a consumer has a right of withdrawal. For all non-personalized products, the buyer may return the products within fourteen calendar days of receipt without stating any reason. The buyer must notify Curafyt of the return within fourteen days of the withdrawal and follow any return instructions provided by Curafyt.

13.2. The buyer will receive a refund of the product’s purchase price within two weeks of Curafyt receiving the returned goods, provided they are returned sufficiently stamped and on time. A shipping fee of €5.90 per package will be deducted from the refund. No refund will be issued if the product has been used, the packaging is damaged, the order has been opened, or the item is not returned in its original packaging.

Return address:

Curafyt BV, Nachtegaalstraat 10, bus 1, 9320 Erembodegem, Belgium.

13.3. If the buyer handles the goods beyond what is necessary to assess their characteristics and the product value decreases as a result, Curafyt may apply a proportional reduction in the refund amount.

13.4. Other than the shipping fee, no extra costs or compensation will be charged for returns. Refunds will be made via the original payment method, minus return shipping costs. Alternatively, the buyer may request a store credit.

13.5. This article does not apply to products that are perishable, have limited shelf life, or cannot be returned for health or hygiene reasons.

After-sales service:

Email: info@curafyt.com
Address: Curafyt BV, Nachtegaalstraat 10, 9320 Erembodegem, Belgium

Article 14 – Personal Data

Personal data provided by the buyer when placing an order is stored and processed by Curafyt. With the buyer’s consent, Curafyt may use this data for advertising purposes, order tracking, and customer communication.

If Curafyt uses third-party services, some personal data may be shared with thoseparties as necessary. For detailed information about data processing and cookies, please consult our privacy policy.

Article 15 – Governing Law and Jurisdiction

All agreements between Curafyt and its customers, regardless of their place of residence, are governed exclusively by Belgian law. If international law applies, the interpretation of these terms and conditions will still primarily follow Belgian consumer law as defined in the Belgian Economic Law Code.

In the event of a dispute, only the Belgian courts at Curafyt’s registered office have jurisdiction.

For out-of-court dispute resolution, the Federal Consumer Mediation Service is competent to receive any consumer dispute resolution request. They will either handle the request themselves or forward it to a qualified entity. You can contact them via this link: www.consumentenombudsdienst.be/nl