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General Terms and Conditions

Online Sale of Consumer Products

Article 1 - General

1.1. These General Terms and Conditions (GTC) apply to all contracts concluded by Curafyt with consumers. For the purposes of this GTC, consumer means any person who acts for purposes aside from his trade, business, craft, or profession. These GTC take precedence over all written or printed conditions of the buyer. By placing an order, the buyer agrees to these GTC.

1.2 Deviations from or additions to this GTC are only valid if they have been accepted by Curafyt in writing and in advance. Curafyt reserves the right to change these GTC. Upon further use of the Curafyt website or when placing a new order, the new Terms and Conditions apply immediately.

1.3. By placing an Order, the buyer confirms that he is at least 18 years old or acts under the supervision of a parent or legal guardian. The buyer accepts that the products can only be administered by a person older than 13 years. Curafyt reserves the right to ask for proof of age from every user of the Curafyt website. Curafyt can block the access if it believes that the buyer does not meet the above-mentioned criteria.

Article 2 - Offer and Products

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

2.2. If an offer has a limited validity period or is made under certain 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 enable the buyer to make a proper assessment of the offer. The images on the website are purely illustrative but give a true picture of the offered Products.

2.4. Each offer contains such information that it is clear to the buyer what rights and obligations are attached to accepting the offer.

Article 3 - Orders

3.1. The Order is an offer by the buyer to Curafyt to buy the Products mentioned in the Order. Curafyt will send an Order Confirmation to the buyer confirming the good receipt of the order and giving the order details (the Order Confirmation). Unless the Order Confirmation expressly states otherwise, the Order Confirmation merely confirms that Curafyt has received the Order but does not confirm that Curafyt accepts the buyer's offer to purchase the Products.
3.2. Unless the Order Confirmation already states the acceptance of the Order, this acceptance will be sent in a separate mail before sending the Products.

Article 4 - Price, invoice, and payment

4.1. The applicable prices are shown on Curafyt's website at the time of the Order. When processing an Order, Curafyt will check whether any unintentional material errors have slipped into the prices displayed on the website. If the actual price of a Product is higher than the price displayed on the website at the time of the Order, Curafyt may refuse the Order and will inform the buyer about the correct price and invite the buyer to place a new Order at the correct price.

4.2. Unless expressly stated otherwise, all prices are in EUR and include VAT. Other taxes are not included. For this, we refer to article 5. Separate costs apply for additional services ordered and confirmed by the buyer.

4.3. When Products are ordered to be delivered in a country other than the country from which the Products are shipped, it is possible that the buyer will have to pay certain import taxes or excise duties, which are levied when the package reaches the destination specified by the buyer and which cannot be estimated by Curafyt. All customs duties are at the expense of the buyer.

4.4. If the buyer requests an invoice or if he is VAT liable, he accepts to receive electronic invoices.

4.5. Payments are made online or, after approval by Curafyt, by bank transfer. Online payments are secured and take place via a secure server. In the case of payment by bank transfer, the goods will only be delivered after receipt of the payment, which Curafyt must receive at the latest seven days after sending the payment invitation. If payment is not made within the term stipulated, Curafyt is entitled to dissolve the agreement, in which case no further obligation rests on Curafyt.

4.6. The Buyer is not entitled to deduct any amount from the purchase price due to a counterclaim he has against Curafyt. Set-off is therefore excluded. Discounts are not accepted unless explicitly indicated on the website.

4.7. Without prejudice to all of Curafyt's other rights, in the event of late payment, the buyer shall, by operation of law and without notice of default, owe interest of 10% per annum on every amount that remains unpaid on the due date of the notice of payment, increased by a fixed amount equal to 10% of the unpaid amount with a minimum of EUR 25.00 to offset the administrative and collection costs. The interest due shall be calculated per day of delay until the date of full payment. Without prejudice to the foregoing, all costs and expenses incurred by Curafyt in collecting overdue payments (including, but not limited to, reasonable attorneys' fees, expert's fees, court registry fees, and other procedural costs) shall be borne by the buyer. Each payment made by the buyer shall first serve to settle the judicial and extrajudicial costs and the interest owed by the buyer and shall then be applied to settle the oldest outstanding demand for payment.

Article 5 - Delivery

5.1. Shipping costs are charged additionally. Curafyt refers to its shipping and refund policy for this. Delivery will only take place after receipt of payment.

5.2. Most goods are available from stock. The information provided on delivery times and availability of the Products is only indicative and not binding. A delay in delivery shall not give rise to compensation or to the dissolution of the contract by the Buyer. If a Product is unavailable at the time of the Order, Curafyt may inform the buyer thereof and refuse the Order.

5.3. In the event of force majeure, Curafyt shall be entitled, at its choice, to cancel the agreement without judicial intervention or to suspend the moment of delivery until the moment on which the force majeure has ceased to exist, without the buyer being able to claim any compensation from Curafyt. If the buyer fails to meet any obligation to him towards Curafyt under the agreement, Curafyt is entitled to suspend further deliveries and services. Upon delivery, the buyer will receive an invoice.

5.4.. Curafyt is not necessarily the manufacturer of the Products. Curafyt attempts to provide the buyer with complete and up-to-date information on the Products but cannot guarantee that the information provided on Products manufactured by third parties is complete and correct. Before using the Products, the Buyer must consult the information on the packaging of the Products, on the product labels, and all warnings and instructions supplied together with the Product.

Article 6 - Liability

6.1. Curafyt's liability for all claims arising from or in connection with the Products or their use shall be limited to the amount of the last delivery of the Product ordered by the Buyer.

6.2. Furthermore, Curafyt shall only be liable for intentional fault and gross negligence and only for the damage that is a direct and immediate consequence of the performance of the Agreement between the Buyer and Curafyt. Curafyt is in no case liable for indirect damage (including but not limited to missed turnover, loss of profit, or other consequential damage).

6.3. The Products proposed are in compliance with Belgian legislation. The specific weight of the packaging may change based on the evolution of the product range. Curafyt reserves the right to add or remove Products from its catalog anytime.

6.4. The photos and texts that illustrate and describe the Product are not part of the agreement. Consequently, Curafyt cannot be held liable in the event of errors in these photos or texts.

6.5. Hyperlinks may refer to websites other than those of Curafyt. Curafyt does not accept any liability if the content of these websites is in conflict with the applicable legal and regulatory provisions.

6.6. Furthermore, the buyer confirms and declares that he will abide by the conditions and precautionary measures for the use of the Products, as stipulated on the packaging or in the detailed product sheets on Curafyt's website.

6.7. Curafyt cannot be held liable for damages of any kind that may result from improper use of the Products delivered to the buyer. The buyer undertakes to read the instructions and conditions of use of the Products before their use and, in the event of uncertainty, to contact the manufacturers and/or Curafyt in advance. Curafyt is not responsible for any technical defects in the packaged goods or for incorrect statements in the manufacturer's conditions of use.

6.8. Curafyt cannot be held liable for the tolerance and suitability of the Products with the specific situation of the animal and the resulting eventual negative consequences for the animal. Curafyt cannot be held liable either if the defect or the damage is due to inadequate care, inattention, insufficient specialized follow-up, or careless observance of the instructions and conditions of use. The Products offered by Curafyt are intended for animals in good physical health. It is the responsibility of the buyer to consult his veterinarian to validate the diet of his animal(s) and to confirm that he may give the product. The buyer will also follow the evolution of his animal(s) using the product assisted by his veterinarian. Curafyt accepts no liability for this.

6.9. Curafyt cannot be held liable for any changes made by manufacturers and/or suppliers in the composition of the Products sold on Curafyt's site. In any case, the liability of Curafyt is limited to the amount of the last order of the Product.

Article 7 - Delivery of the Products, transfer of risk, and ownership

7.1. The risk passes to the buyer (i) as soon as the buyer has taken physical possession of the Products, or (ii) when Curafyt ships the Products to the buyer, as soon as they have been delivered to the buyer.

7.2. Curafyt will notify the buyer of the delivery date and time of delivery of the Products as soon as reasonably possible. Delivery times are always indicative, and Curafyt may make partial deliveries unless expressly agreed otherwise.

7.3. The buyer must do everything necessary to ensure that the delivery can take place and is liable for the costs incurred by Curafyt if the buyer does not cooperate with the delivery.

7.4. The Products shall remain the full and exclusive property of Curafyt until full payment of Curafyt's invoice for the Products (in principal, costs, and interest), even if they have already been delivered to the buyer.

Article 8 - Complaints

8.1. Complaints relating to non-conformity of the delivery and visible defects must be communicated immediately at the time of delivery in writing or by e-mail, failing which any complaint will be deemed inadmissible.

8.2. Complaints based on hidden defects in the goods delivered or services provided or based on hidden non-conformity must be communicated by registered letter within 14 days of the discovery of the defect, failing which the complaint shall be deemed inadmissible.

8.3. Submitting a complaint does not release the buyer from his payment obligations.

8.4. A return must be carriage paid and free of charge for Curafyt and will only be accepted by Curafyt after it has given its prior written consent.

Our contact details:
Curafyt BV Nachegaalstraat 10, 9320 Erembodegem

Article 9 - Returns / right of withdrawal:

9.1. Per Book VI of the Code of Economic Law and the information and protection of consumers, the buyer has a right of revocation. For all non-personalized products, the buyer has the right to return the order within fourteen working days of receipt, without giving any justification. To this end, the buyer shall notify Curafyt that he wishes to return the product and shall do so within three days, whereby any shipping instructions of Curafyt must be followed.

9.2. The buyer will receive a refund of the purchase price of the product within two weeks of the return, provided that Curafyt has received the product back on time and with sufficient postage. There is no right to refund if the Product has been used, the packaging has been damaged or the order has been opened and/or not in the original packaging returned.

Return address:
Curafyt BV Nachegaalstraat 10, 9320 Erembodegem

9.3. Returns from Belgium via bpost are always free of charge. For each other way of returning, the buyer is responsible for all costs. The buyer also bears the costs for returns from abroad. No costs or compensation will be charged for the return, except for any shipping costs. After the return has been processed, the buyer will be refunded by Curafyt in the same way as the buyer made the payment, including the costs incurred for the return. If desired, the buyer can also opt for a credit note.

After-sales service:
email to
info@curafyt.com
, Curafyt BV Nachegaalstraat 10, 9320 Erembodegem

Article 10 - Personal data

Personal information provided by the buyer to Curafyt in the context of an order will be stored in an automated file. This information can be used by Curafyt for publicity purposes, to provide information to the buyer and to follow up on orders.

For more information, you can consult the privacy policy.

Article 11 - Applicable law and competent courts :

This GTC is governed by Belgian law.

In the event of a non-judicial settlement of the dispute, the Consumers' Ombudsman Service of the Federal Government is competent to receive any request for non-judicial settlement of consumer disputes. The latter will, in turn, either deal with the request itself or forward it to a qualified entity. You can reach the Consumers' Ombudsman Service via this link:
www.consumentenombudsdienst.be/nl
.

In case of legal proceedings, the courts of the district of Ghent have exclusive jurisdiction.