1.1. Unless expressly agreed otherwise in writing, all agreements, quotations, offers, orders, and all deliveries and sales resulting therefrom entered into by BVBA NANEX COMPANY shall be governed by the following terms and conditions.
1.2. The registered office of BVBA NANEX COMPANY shall be located at 9990 MALDEGEM, 57 rue du Petit Bogaarde, under the company number BE 0550.959.802. The general e-mail address is firstname.lastname@example.org.
1.3. These conditions are accepted by the customer simply by negotiating or concluding an agreement with BVBA NANEX COMPANY. The Customer acknowledges that he is aware of these terms and conditions in all its written and printed provisions. He or she acknowledges that these conditions constitute the full text of the agreement reached between the parties, and replace and annul all previous oral or written proposals or agreements, as well as any other communication made so far between the parties.
1.4. The nullity of one or more provisions of these general terms and conditions shall not affect the applicability of all other clauses.
1.5. Unless expressly agreed otherwise in writing, the following general terms and conditions take precedence over the general terms and conditions appearing on the documents of our co-contracting party and the latter are to be regarded as non-existent. If an offer made by BVBA NANEX COMPANY is accepted by the customer, a complete and legally valid agreement shall be deemed to have been concluded.
2.1 All orders can be placed on the website www.nanex.care
2.2 BVBA NANEX COMPANY provides a complete and truthful description of the articles offered on its website. The images and videos displayed are for illustrative purposes only. The description is based on information that BVBA NANEX COMPANY may receive from the respective manufacturer or supplier. An incorrect description does not bind BVBA NANEX COMPANY and cannot result in the termination of the agreement or compensation for damages.
2.3 If the item ordered is no longer in stock, BVBA NANEX COMPANY undertakes to inform the customer by e-mail within 5 days of receipt of the order.
2.4 If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2.5 The sales contract shall be deemed to have been concluded from the moment the order is finally placed on the website www.nanex.care The customer will receive a confirmation e-mail of this order. If the Customer does not receive a confirmation e-mail within two days of placing the order, the Customer undertakes to contact BVBA NANEX COMPANY.
2.6 The order may be cancelled free of charge prior to sending the order. To this end, the customer must contact BVBA NANEX COMPANY by e-mail at email@example.com. Payment will be refunded within 7 days by BVBA NANEX COMPANY. If the shipment has already been sent, the order cannot be cancelled free of charge.
3.1 All prices are listed with the articles in the currency Euro and include VAT.
3.2 The customer is responsible for the shipping costs. The shipping costs are calculated on the total order and will be displayed at the time of payment.
3.3 If the customer provides incorrect information, a new shipping cost will be charged.
3.4 BVBA NANEX COMPANY reserves the right to unilaterally adjust the prices on its website.
3.5 Prices quoted by BVBA NANEX COMPANY in the context of offers shall always be without obligation unless it has been expressly stated that they are final. The final prices quoted in offers shall only be valid for a period of 15 days. All prices are exclusive of VAT.
4.1 Immediately after placing the order, the customer must pay online via the secure system ‘Paypal’. Information regarding the payment system ‘Paypal’ can be found on the website https://www.paypal.com. In addition, the customer can also proceed to payment via the means of payment Stripe, Maestro, Sofort and Ideal.
4.2 The customer can pay by means of, among others, Mastercard, Visa and other credit cards.
4.3 NANEX COMPANY reserves the right to suspend its services and to unilaterally terminate the agreement in the event of non-payment, and shall under no circumstances be liable for any damages whatsoever.
4.4 In the case of companies, invoices shall be payable within 8 days of the invoice date. If the invoice has not been paid by the due date, contractual interest at the rate of 1% per month shall be payable automatically and without notice of default, with each month commenced counting as a whole. In the event of late payment, a fixed compensation of 15% of the outstanding invoice amount, with a minimum of 50 EUR and a maximum of 2,500 EUR, will also be due ipso jure and without any notice of default.
5.1 The customer must correctly fill in the delivery address when placing the order and is solely responsible for this. The delivery will be made to the aforementioned address within 3 working days after receipt of payment. This deadline is purely indicative and shall in no way be binding on BVBA NANEX COMPANY. Delays in delivery shall under no circumstances entitle NANEX COMPANY to cancel an order or to compensation.
5.2 NANEX COMPANY Ltd. shall deliver its products exclusively to consumers in Belgium, the Netherlands, Luxembourg and England.
5.3 If delivery is delayed, or if an order cannot/can only be partially executed, the customer will be notified by e-mail within 10 working days of placing the order.
5.4 The risk of damage to or loss of goods rests with BVBA NANEX COMPANY until the goods have been sent to the customer.
6.1 The consumer can revoke the purchase of an article within a period of 14 days after the moment of delivery free of charge in accordance with article VI.47 of the Economic Law Code. The revocation must be notified by e-mail to BVBA NANEX COMPANY at the e-mail address firstname.lastname@example.org.
6.2 The consumer must return the goods, in their original condition and packaging, to the registered office of BVBA NANEX COMPANY within 14 days of the notification of withdrawal at the latest. The customer shall be responsible for the costs of return.
6.3 The risk and the burden of proof regarding the correct exercise of the right of withdrawal shall lie with the Consumer.
6.4 NANEX COMPANY Ltd undertakes to refund the goods within 7 working days of receipt of the goods in their original condition and packaging.
7.1 Complaints regarding the delivery of articles/invoices must be sent within 8 days after receipt of the articles/invoices by registered mail to the address of the registered office.
8.1 In the event of force majeure, BVBA NANEX COMPANY shall not be obliged to fulfil its obligations towards the customer, and shall at least be suspended for the duration of the force majeure.
8.2 Force majeure shall be understood to include (but not be limited to) any circumstance beyond its control that prevents it from fulfilling all or part of its obligations to the Customer.
9.1 The information provided by the customer is necessary for the processing and completion of the orders. In case the correct data are missing, the order will be cancelled.
9.2 The personal data provided will be stored in the computer system of BVBA NANEX COMPANY. It undertakes to use this data exclusively for the execution of the agreements. These data may also be used to inform the customer of its marketing and activities.
9.3 The Customer may consult, correct or modify his personal data by sending a signed registered letter to BVBA NANEX COMPANY. Under no circumstances will this personal data be passed on to third parties.
10.1 All products, labels, videos, images, website pages, designs, studies, intellectual property rights, … remain the property of BVBA NANEX COMPANY at all times. Under no circumstances may they be used, communicated or copied, even partially, without the permission of BVBA NANEX COMPANY.
10.2 Transfer of ownership of the delivered goods shall take place only and exclusively upon full payment of both the principal amount and the interest, damages and costs due. Thus, contrary to Article 1583 of the Civil Code, the delivered goods shall remain the exclusive property of BVBA NANEX COMPANY until full payment has been made by the customer. Until such time, the customer shall be prohibited from pledging the goods or from restricting or destroying their free disposal by any security provided to the detriment of BVBA NANEX COMPANY. However, the customer is obliged to ensure and store the goods against all risks as soon as they are delivered.
11.1 The customer shall use the offered products with due diligence. The customer may in no way use the products to commit infringements, cause damage or nuisance to BVBA NANEX COMPANY or third parties. In doing so, the customer shall take into account the specifications, the information shown on the product packaging, the documentation and instructions of BVBA NANEX COMPANY. Nor may the activities of the customer give rise to such action.
11.2 The Customer shall indemnify and hold BVBA NANEX COMPANY harmless against all costs, claims, damages, expenses, legal costs, etc… of third parties in connection with the execution of this agreement and the lawful use of BVBA NANEX COMPANY’s products.
12.1 Liability for indirect or consequential damage is excluded under all circumstances. BVBA NANEX COMPANY can thus in no way be held liable for any failure of its products.
12.2 The Customer shall be solely liable for the proper and lawful use of products, taking into account the specifications, the information shown on the product packaging, the documentation and instructions of BVBA NANEX COMPANY.
12.3 BVBA NANEX COMPANY shall only be liable to the Customer for actual and proven damage suffered as a result of the obligations contained in the agreements concluded with BVBA NANEX COMPANY, to the exclusion of any other implicit or non-written obligations. In any event, the liability of BVBA NANEX COMPANY shall not exceed the total amount of the purchase price invoiced to and paid by the customer.
12.4 The limitations set out in this article shall not apply to intent or gross negligence on the part of BVBA NANEX COMPANY.
13.1 The rights and obligations of the customer arising from the agreements concluded with BVBA NANEX COMPANY may not be transferred to third parties, either in part or in full, without the prior written consent of BVBA NANEX COMPANY.
13.2 If any provision of an agreement concluded with BVBA NANEX COMPANY or its application would become or become unenforceable for any party or circumstance at any level, this shall not affect the remainder of the agreement.
14.1 NANEX COMPANY BVBA may only be sued in the courts of the jurisdiction in which its registered office is located. To the extent that BVBA NANEX COMPANY acts as the claimant, only the courts of the district of Ghent shall have jurisdiction.
14.2 Only Belgian law shall apply.