Terms and conditions
In these General Conditions the following terms shall have the following meanings:
"Etixx": Etixx NV having its corporate seat at Venecoweg 26, B-9810 Nazareth, registered under enterprise number (BTW-BE) 0548 713 459.
"Buyer": any natural person (B2C) or Belgian legal person (B2B) who is in a contractual relationship, of any nature whatsoever, with Etixx or will enter into such a relationship.
"Sports food and sports food supplements": the object of one or more purchase agreements.
Alongside these General Conditions, if explicitly indicated, specific conditions may apply to certain services and/or products. If there should be any differences between those specific conditions and these General Conditions, the provisions from the specific conditions shall prevail in principle over the General Conditions unless something else has been provided. One or more provisions in these General Conditions may only be deviated from on condition of explicitly agreed and written evidence. The other provisions of these conditions shall remain fully in force in that case. General Conditions that the Buyer uses shall not apply. Etixx reserves the right to amend and/or supplement the General Conditions at any time for future orders.
By using the website or any other electronic portal of Etixx and/or by placing an order the Buyer accepts these General Conditions and also all other rights and duties, as they are stated on the Website. Etixx may rely on third parties when this is required for the proper performance of an agreement with the Buyer. Etixx can be reached via “etixxsports.com”.
2. Information and agreements
Etixx devotes the greatest possible care to putting online any information about the properties of the products, and this including the technical descriptions that are based on the data of its partners and suppliers, and with photos to illustrate the products, all this in so far as the technical resources permit this and in accordance with the best standards on the market. At the time of delivery certain characteristics of a product, such as colour, size, weight and others may differ from the photos, as represented on the website.
An agreement will be brought about at the time that a confirmation of sale has been handed to the Buyer or, in the event that the offer has been made via the Website, has been sent by e-mail to the e-mail address stated by the Buyer. An offer made out in a particular name shall be valid for 2 weeks, unless another period is stated in the offer. Etixx and its buyer explicitly agree that by using electronic forms of communication a valid agreement is brought about. In particular the absence of an ordinary, digital or electronically qualified signature shall not detract from the binding force of the offer and its acceptance.
Etixx's electronic files shall serve as a presumption of proof in this connection, in so far as the law permits this. Information, images, oral communications, statements etc. in connection with all offers and the principal characteristics of the products that are supplied by telephone or by e-mail shall be (re)presented or made as accurately as possible.
All prices are expressed in euros (and if the occasion arises in other international currencies, such as GBP and USD) and shall include VAT and any other taxes. Special offers shall only be valid as long as the stocks last. The Buyer shall owe the price that Etixx has communicated to him in its confirmation in conformity with article 2 of these conditions. Apparent or obvious errors in the quotation, such as evident inaccuracies, may also be corrected by Etixx after the conclusion of the agreement. Costs of delivery shall be communicated clearly to the Buyer. With regard to certain methods of payment additional conditions shall apply with regard to the delivery method and the possible costs. This shall be communicated clearly to the Buyer.
The selling prices indicated on the site include all taxes, but without shipping charges. Any shipping charges shall be for account of the Buyer and shall be represented when your digital shopping cart is checked out. We reserve the right to change the prices at any time but we undertake to apply the rates that were indicted on the site at the time of your order.
In the case of online orders, payment can be made via customary, current and internationally accepted credit cards and electronic methods of payment. Security measures via SSL shall be used to enable your online payment to proceed safely. If the payment cannot be completed immediately because of a choice of a financial means of payment that does not make such an immediate payment possible, Etixx sets a term of payment of 14 days after the invoice date.
If the customer does not pay the invoice within this set period, the statutory interests shall begin to run and they shall be payable without explicit notice of default. If Etixx has not received the payment after 3 reminders, the invoice will be handed over to a debt collection agency or legal firm that will handle the procedure from then on.
Complaints must be submitted within one week after the invoice date. The deposition of a complaint by no means results in a suspension of payment. The Buyer shall also bear any (extra)judicial expenses, of any nature whatsoever, that Etixx has had to make as a result of the Buyer's failure to fulfil his obligations (of payment).
If a method of payment by credit card is chosen, the conditions of the relevant card provider shall apply to this. Etixx is not a party in the relationship between the Buyer and the credit card provider.
5. Delivery PostNL
We can process your order depending on the available stocks. In the event that a product ordered by you should not be in stock, we undertake to inform you of this by email within fifteen days after the submission of the order and to indicate within how much time the product can be delivered to you.
Orders shall be delivered as soon as materially possible. At the moment Etixx offers you one method of delivery, namely: PostNL (postnl.be/nl). Etixx will do everything within its power to respect the stated times of delivery. Etixx does not, however, assume any responsibility for any delivery that arrives late or for ordered goods that are lost owing to third parties or as a result of unforeseen circumstances or force majeure. If an order is not delivered within the indicated time, an investigation will be conducted at the carrier, which may take several days. During this period it will not be possible to proceed to repayment or another shipment.
Products that are no longer in stock can be back-ordered. In the event of an order, account must be taken of a maximum delivery period of 30 days after the order. It is important that at the time of receipt of your products you check whether they are in conformity with your order and, if this is not so, inform Etixx of this within seven (7) working days. All communications about a delivery that has not arrived in time must be made by e-mail via email@example.com. Any returned products will only be accepted if they are in their original state, namely in their unopened packaging, including accessories, nutritional advice and documentation.
Bar any different provision, the ultimate delivery period shall be thirty (30) days after receipt of the order with the exception of payment by transfer, in which connection the ultimate delivery period shall be 30 days after receipt of the payment. The said time of delivery shall only apply, in so far as permitted by the Act on Market Practices, as an indication. Therefore no rights may be derived from this. Deliveries shall be made to the address stated by the Buyer during the conclusion of the agreement. As soon as the products to be delivered have been delivered at the stated delivery address the risk shall pass to the Buyer.
6. Identity theft and credit card fraud Ogone + Ogone Collect + Atos
To ensure the safety of your online transactions, Etixx cooperates with recognised payment partners and credit card providers. Payments shall be processed via the secure system of Ogone. The following (credit) cards are accepted: Visa, Mastercard, Mister Cash/Bancontact, Maestro.
Online payment is therefore performed via a closed security system, whereby your banking data is always encrypted at the time of dispatch across the internet. Loss or theft of your identity or credit card data is minimised by this. Etixx believes it has taken all possible and relevant precautions and therefore acts as a normal, anticipatory and careful online intermediary. Any identity theft or financial theft can therefore not be imputed to Etixx.
7. Defects and submission of complaints
The Buyer shall always be obliged to carefully examine the products immediately after receipt. Complaints by the Buyer that relate to defects in the product or delivery that are externally discernible must be communicated to Etixx in writing within seven (7) days after delivery (or within seven (7) days after the invoice date if the products could not be delivered to the Buyer).
We advise you to send your order by registered letter and to take out an insurance with the carrier, for the market value of the products, this in case of theft or loss of the products at the carrier. For all return shipments the costs shall be for the Buyer's account.
The Buyer shall not be entitled to return the products for which no reasoned complaints exist. If the above is not complied with and goods are wrongly returned, all the costs involved in the return shipment shall be for the Buyer's account. In that case Etixx shall be at liberty to store the goods with third parties at the Buyer's expense and risk and/or to send these articles back to the Buyer at the Buyer's implicit or explicit request and expense.
The Act on Market Practices (WMPC) provides that within a period of 14 calendar days the Buyer may return the product without any consequences in the sense of penalties or statement of reasons. This is called the right of renunciation. In pursuance of section 47, §4, 2° of the WMPC any products that imply foodstuffs (such as sports food and sports food supplements) (“which cannot be returned because of their nature or may spoil or age rapidly”) fall outside application of this act. This case applies to sports food, sports food supplements and related products. Such products consequently do not qualify for return.
In the very unlikely case that the revocation right may be invoked (for a product other than in the above paragraphs) a return shipment must be sent by a carrier. The return of ordered goods shall be at the User's expense and risk, except if the product is not in conformity. Within the guarantee period the customer must return the product to Etixx and apply for a return document via firstname.lastname@example.org. In the case of a valid and legally correct use of the above-mentioned right of renunciation Etixx shall see to it within seven (7) working days that the amount paid by the Buyer to Etixx is refunded, by means of a method of payment chosen by Etixx but generally accepted internationally.
No refund shall be possible if the right of renunciation was wrongly used. In that case the goods will be returned, provided that a reasoned statement is made, to the Buyer at the Buyer's own expense and risk.
9. Quality control/storage life and guarantee of products other than foods
As imposed by the current and relevant statutory provisions legally regulated quality controls apply to the products supplied by Etixx. The minimum storage life date is the date until when a (food) product retains its specific properties, provided that it is stored in a suitable manner. This storage life date is only valid as long as the packaging has not been opened and as long the special storage prescriptions were observed. The storage life date for foodstuffs is a designation of the producer. During the stated period the producer guarantees the quality of their product. This guarantee applies if the storage conditions, stated on the label, have also been respected. The storage conditions on the label therefore have their significance. The storage life date is related to the special storage conditions. Consequently all the links of the food chain are responsible for the quality; from the producer and all intermediaries (wholesalers, carriers, retailers) to consumer (during and after the purchase).
As soon as the packaging has been opened, the guarantee ends. The quality of the product is guaranteed as long as the packaging remains intact. Once opened, the food becomes a vulnerable product and the stated date expires. There is no statutory obligation to label foodstuffs that have not been pre-packaged.
For goods other than foodstuffs that do not comply with the agreement the Buyer must inform Etixx of this at the latest within seven (7) working days following the delivery. Any compensation that follows from this can never be greater than the amount as invoiced to the Buyer. Customary or normal wear and tear, unintentional or intentional alterations made by the Buyer to the products, the inability to produce an original invoice or valid proof of payment and various instances of negligence shall be explicit but not exhaustive exceptions to the above-mentioned guarantee system.
10. Force majeure
In the event of force majeure Etixx shall not be obliged to fulfil its obligations to the other party. Etixx shall be entitled to suspend its obligations for the duration of the force majeure.
Force majeure shall be any circumstance beyond its control as a result of which the fulfilment of its obligations to the other party are prevented in full or in part.
11. Intellectual property
BNL 840325 / 845058 / 846882 / 847221
All intellectual property rights and derived rights shall be retained by Etixx. These intellectual property rights shall be copyrights, trademark rights, industrial design rights and/or other (intellectual property) rights, including technical and/or commercial know how, methods and concepts, whether or not patentable. The Buyer shall be forbidden to use and/or make any alterations in the intellectual property rights as described in this article, unless it is purely a matter of private use of the product itself. URLs that are included on the website or other electronic communication portals that are under the factual control of Etixx may be clicked and visited by the Buyer entirely on his or her own responsibility.
12. Processing of personal data
The information stated by you is necessary for the processing and completion of the orders and the preparation of the invoices and guarantee contracts. If this data is lacking, the order will inevitably be cancelled. The statement of incorrect or false personal data will be considered an infringement of the present General Conditions. The Buyer's personal data shall only be processed in accordance with the current privacy statement, which may be consulted via the Etixx website.
13. Applicable law and competent court
All offers and agreements shall be governed exclusively by Belgian law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded. All conflicts that are related to or follow from offers of Etixx or agreements that have been concluded with Etixx shall be submitted to the competent territorial court, unless a mandatory provision of the law explicitly designates another court as competent.