GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale govern the sale of products (hereinafter referred to as ‘the Products’) by SRL BELVICTUS (hereinafter referred to as ‘SANALIO’) to its customers, whether professionals or private individuals (hereinafter referred to as ‘the Customers’) from its premises established at Rue du Marais 5F/2 - 7620 Hollain, Belgium - VAT: BE 0750-606-091 or from its online platform https://www.sanalio.bio/ (hereinafter referred to as ‘the Website’). These general terms and conditions of sale and any special terms and conditions, where applicable, constitute the entire contractual relationship between SANALIO and the Customer (hereinafter referred to as ‘the Contract’ or ‘the GTC’).
Article 1 - Purpose
1.1. These General Terms and Conditions of Sale (hereinafter ‘GTCS’) define, without prejudice to the application of specific conditions, the respective obligations of SANALIO and its Customers in the context of the sale of Products. These GCS are applicable to all orders, including on-line orders, addressed to SANALIO . Any derogations or amendments to these general conditions must be subject to SANALIO's prior written agreement.
1.2 By placing an order, the Customer expressly acknowledges that he/she has read the General Terms and Conditions of Sale and accepts them unreservedly.
1.3 In the case of on-line orders, the Customer may only proceed with the purchase after having expressly accepted the GTC.
1.4. SANALIO reserves the right to amend its GTC at any time, with the new GTC applying to any order placed after the entry into force of such amendment.
1.5. In the event of contradictions between our GTCS and those of Customers, it is agreed that our GTCS shall prevail. Otherwise, the provisions not expressly derogated from shall remain applicable by way of supplement, if they have been accepted by SANALIO .
Article 2 - Ordering and creation of the Contract
2.1. The Contract is concluded on the date of acceptance of the quotation requested by the Customer. The quotation is valid for thirty (30) days. Any modification of the quotation is subject to SANALIO's prior agreement.
SANALIO reserves the right to refuse any order, particularly if the quantities are excessive.
2.2 In the case of on-line orders, the Contract is concluded when SANALIO validates the purchase and the Customer pays.
2.3 SANALIO shall be entitled to suspend performance of the Contract until it has received the required payment from the Customer.
2.4. SANALIO reserves the right to cancel or partially fulfil an order if the Products to which it relates are no longer available, or for other serious and legitimate reasons which shall be indicated to the Customer. In this case, SANALIO will reimburse the Customer for the sums paid.
2.5. The essential characteristics of the Products which are the subject of the order are described in the Customer's accepted quotation. By validating the order, the Customer acknowledges that he has read the description of the Product and all relevant information relating to it and that he is bound by the terms and conditions defined in the order. Any modification of the order is subject to SANALIO's prior agreement.
2.6. Products other than perishable goods actually purchased or delivered may differ in minor respects from the description given in the quotation or on the Website, in particular materials or other products which may differ in colour or texture, or in minor respects in size.
2.7. SANALIO makes every effort to display images of Products as they appear in reality and as accurately as technical or electronic means permit it. However, SANALIO cannot guarantee an exact match between the image on the screen and the actual Products and images on the Web Site. Images may therefore vary from how the Products appear in real.
Article 3 - Prices and payments
3.1. The price of the Products ordered is the price shown on the quotation accepted on the date of the order, including on the Website. The prices indicated are in Euros and include VAT.
3.2. The price displayed details the basic amount, VAT, as well as all costs (excluding transport costs) of any kind, including any costs relating to the preparation of the parcel, unless otherwise stated in the Product description. The VAT rate applicable is the rate in force at the time of the order; SANALIO reserves the right to pass on to the customer any variation in the VAT rate. In addition, if and insofar as the individual customer benefits from a reduced VAT rate, it is agreed that the customer assumes sole responsibility for this and will hold SANALIO harmless from the consequences of any refusal by the tax authorities to apply the reduced rate.
3.3. SANALIO reserves the right to change prices at any time. It also reserves the right to refuse an order if the price indicated on the Website is incorrect due to a technical or human error.
3.4. SANALIO reserves the right to require a deposit prior to acceptance of the order. Unless otherwise agreed for sales to professionals, the deadline for payment of the sums due is the 30th day following the date of receipt of the goods, without prejudice, for sales on the Internet Site, to requiring payment of the order at the time of purchase on the Internet Site. Orders placed on the Website are paid for by the following means: credit cards (VISA, MasterCard), Bancontact or Maestro.
3.5. SANALIO retains full ownership of the Products until the agreed price has been paid in full. The customer authorises SANALIO to recover the Products sold in any hands whatsoever. However, the risks (loss, theft, deterioration, etc.) relating to the Products are transferred to the customer as soon as they are delivered to the agreed place, as is the obligation to repair any damage they may cause to property or persons.
3.6. In the event of unilateral cancellation of an order by the Customer, SANALIO reserves the right to demand compensation equal to 15% of the total amount of the order placed, without the Customer having the right to request any reimbursement.
Article 4 - Execution, delivery of orders
4.1 Unless expressly stipulated otherwise, all delivery costs, if any, such as transport costs, insurance costs, postage or other costs are to be borne by the Customer and detailed in the quotation. The same applies to any special delivery requirements, particularly with regard to the packaging of the Products, which have not been included in the quotation.
4.2 SANALIO undertakes to deliver the agreed Products to the agreed place of delivery, if the delivery service is included in the order. The customer is responsible for any errors in the delivery address given to SANALIO.
Unless there is a specific agreement to the contrary, SANALIO's delivery times are 30 working days from the date the Customer confirms the order. However, this period is indicative as the availability of Products and the volume of orders may lead to additional processing times. In the event of a foreseeable delay, SANALIO undertakes to contact the Customer as soon as possible to define a new delivery date with the Customer.
Consequently, delays incurred by SANALIO cannot, under any circumstances, justify cancellation of the order, termination of the Contract, or a claim for damages, unless they exceed 90 days from the initial date scheduled for delivery, and this without prejudice to article 4.3 (force majeure).
4.3 In all cases, the following circumstances shall release SANALIO from the obligation to meet delivery deadlines:
- Force majeure and unexpected facts(including, in particular, cyber-attacks, strikes, epidemics, technical incidents, supplier or carrier delays, and labour shortages) or acts of third parties, such as suppliers;
- Non-compliance with payment terms;
- Changes to orders decided by the Customer;
- Non-provision by the Customer of the information requested by SANALIO in order to make deliveries within the specified period.
4.4 Notwithstanding article 3.5, it is agreed that the Customer is obliged to address any claim inherent in the transport of the Products to the carrier.
Article 5 - Receipt of Products - visible defects - conditions of storage and use
Unless otherwise agreed, the Products supplied by SANALIO are deemed to have been received and approved by the Customer unless the latter has notified SANALIO of these defects by registered letter, or has made any written observations as to their conformity within 48 hours of delivery or purchase in the shop. On receipt, it is the Customer's responsibility to check the goods and packaging in the presence of the driver. The maximum waiting time is 15 minutes to allow the Customer to check the goods.
If the driver refuses to wait this period, it is recommended that the goods be refused in order to reschedule the delivery with the local agency.
If the Customer accepts delivery without having had time to check the goods, it is imperative that they state on the paper receipt: ‘the driver did not give me time to check the goods’.
5.1 Unless otherwise agreed, Products may not be returned, except in the event of a recognised defect in the conformity of the Product.
5.2 If the Customer is a private individual and has purchased the Product on the Website, he/she has 14 days from the date of delivery to withdraw from the contract and/or report any lack of conformity. In accordance with art. VI.53 of the Code of Economic Law, the private individual may not exercise the right of withdrawal for perishable goods such as pet food sold by SANALIO. If the right of withdrawal is exercised, transport and transport costs shall be borne by the customer; reimbursement shall be made, at the latest, within 14 days of receipt of the Products by SANALIO.
5.3 In the event of non-conformity notified within the time limits set out in Article 5.1, after examining the Product on the basis of the Customer's descriptions and reports, SANALIO shall supply the conforming Product ordered within the agreed time limits after first taking delivery of the non-conforming Product.
If it is not possible to supply a compliant Product, the Customer will receive a full refund of any amount paid.
5.4 The Customer undertakes to use the Products in accordance with their intended use, with due care and attention and in accordance with any instructions for use / storage given by SANALIO.
5.5 The customer undertakes not to resell the Products to any third party, with the exception of veterinary surgeons or veterinary clinics with a valid medicines deposit number. Direct distribution to a pharmacy is strictly forbidden.
Any sale on a third-party distance selling platform is forbidden without the prior written agreement of SANALIO.
Our products may only be distributed in Belgium, France and Luxembourg. Any sale intended for export or to a customer outside these territories is prohibited without the prior agreement of SANALIO.
Article 6 - Interest on late payment, penalty clause and costs
6.1 Where applicable, any invoice not paid on the due date will, ipso jure and without prior formal notice, bear conventional late payment interest of 1.5 percent per month started, with a minimum rate in line with that provided for in article 5 of the law of 2 August 2002 relating to late payment in commercial transactions.
6.2 If the Customer is a private individual, any invoice not paid on the due date will bear, 14 calendar days after a prior and free notice of default, conventional late payment interest in accordance with that provided for in article 5 of the law of 2 August 2002 relating to late payment in commercial transactions.
6.3 In addition, any invoice that remains unpaid on the due date will be subject, ipso jure and without notice of default, to a conventional, fixed and irreducible penalty of 15% of the amount remaining unpaid, with a minimum of €50 per unpaid invoice.
6.4 Furthermore, in the event of non-payment of invoices that have reached their due date, the sums due will be increased by €5 by way of administrative costs per reminder sent. This also applies to private individuals under the conditions set out in article 6.2.
6.5 In the event that proceedings are instituted as a result of a contractual fault on the part of the Customer, which includes in particular the case of non-payment of an invoice on the due date, SANALIO reserves the right to claim the defence costs (lawyer's fees, expert's fees, etc.) incurred (which form an integral part of its damages), without prejudice to the application of the contractual indemnity set out above.
6.6 Failure to pay an invoice on the due date shall render all sums due immediately payable.
Article 7 - Complaints
7.1 Any claim and/or dispute by the Customer against the Products must be made in writing within the period referred to in article 5.1, failing which it shall be null and void.
7.2 Any complaint relating to an invoice must reach SANALIO by registered letter within 8 days of receipt of the invoice. Failing this, the invoice is considered to have been definitively accepted by the Customer.
7.3 The submission of a complaint in no way releases the Customer from his payment obligations.
Article 8 - Warranty
8.1 The Products supplied by SANALIO shall be deemed to have been approved by the Customer within the period set out in Article 5.1, unless the Customer notifies SANALIO of a precise and detailed complaint before the expiry of this period.
8.2 Approval of the Products shall cover all apparent defects and lack of conformity, i.e. all those which it was possible for the Customer to detect at the time of delivery or within the period set out in article 5.1.
8.3 Without prejudice to the application of articles 1649bis to 1649octies of the Belgian Civil Code and articles L217-3 to L217-7 of the French Consumer Code, SANALIO guarantees the Products supplied against hidden defects for a period of 2 months from the date of delivery. To be able to invoke the benefit of the guarantee, the Customer must notify SANALIO of any complaint relating to hidden defects by registered letter as soon as they appear and, at the latest, within 30 calendar days of discovery of the defect. In addition, the defect must render the Product unfit for its intended use.
8.4 However, defects resulting from (this list is not exhaustive): (i) abnormal or improper use of the Product, (ii) inappropriate storage of the Product, or (iii) an external cause, or (iv) normal wear and tear of the Product; or (iv) any modification of the Product by the Customer or a third party, are not covered by the warranty.
8.5 In all cases, SANALIO is only obliged to supply an equivalent and compliant Product or to replace the non-compliant Product, to the exclusion of any compensation for any reason whatsoever, and in particular that relating to the costs caused by the replacement, any losses, prejudice and loss of profit relating thereto.
Article 9 - Liability
9.1 SANALIO assumes no liability other than that set out in Article 8 with respect to its Customers.
9.2 Except in the case of gross negligence or wilful misconduct, SANALIO accepts no liability, either to its Customers or to third parties, for damage to property or persons resulting from the use of Products supplied by SANALIO, including loss of profit or any other loss arising directly or indirectly from a defect in the Product.
9.3 SANALIO's liability is limited to direct and foreseeable damage, provided that this is proven by the Customer. Any other liability is excluded. In all cases SANALIO's liability is limited to the amount of the order for Products. SANALIO's liability for indirect damage is excluded.
9.4 It is agreed that SANALIO shall not be liable if the Customer fails to notify SANALIO in writing of the existence of the damage, its extent and possible causes within 8 working days of the damage occurring.
9.5 SANALIO shall not be liable where the damage is caused by the fault or intervention of the Customer or any third party. Neither is SANALIO liable for damage resulting from wear and tear and/or use of Products which is not in accordance with its normal use or proper conservation.
Article 10 - Force Majeure
10.1 SANALIO shall not be obliged to perform its obligations in the event of force majeure, which includes natural disasters, acts and orders of the competent authorities, acts of terrorism or war, as well as any other event that was not reasonably foreseeable and surmountable. SANALIO will inform the Customer as soon as possible of the occurrence of the disruptive event.
10.2 In the event of force majeure, SANALIO's obligations shall be suspended until such time as the circumstances preventing the fulfilment of these obligations have ceased to exist. If the state of force majeure lasts for more than 30 days, SANALIO or the Customer shall be entitled to terminate the Contract with prior notice. Any indemnity or compensation other than reimbursement of the price paid, if applicable, is excluded in this case.
10.3 SANALIO reserves the right to extend any agreed delivery or performance period by a period equal to that during which the force majeure event lasted. Likewise, if these events jeopardise the execution of the order in accordance with the agreed terms, SANALIO reserves the right to terminate the Contract without compensation.
Article 11 - Termination - Termination to the detriment of the Customer
11.1 Nothing in the foregoing shall be construed as a waiver of SANALIO's right to claim, in the event of non-payment or non-fulfilment by its co-contractor of its contractual obligations (or serious risk of non-fulfilment of its obligations), the rescission or termination of the Contract, ipso jure, with damages.
11.2 This claim will be lodged by notifying the Customer by registered letter.
Article 12 - Intellectual Property
12.1 SANALIO remains the sole and exclusive owner of the broadest intellectual property rights relating to its name, logos, commercial names and brands, whatever they may be. By purchasing Products, the Customer does not acquire any intellectual property rights whatsoever over the Products purchased.
12.2 The Customer shall refrain from taking any action which may directly or indirectly infringe SANALIO's intellectual property rights.
Article 13 - Processing of personal data
13.1 If the supply of the Product involves SANALIO processing the Customer's personal data, SANALIO will carry out such processing in accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. and the Act of 30 July 2018 on the protection of individuals with regard to the processing of personal data.
13.2 Insofar as the processing involves the personal data of third parties, the Customer undertakes that the said processing by SANALIO shall be carried out in accordance with the applicable law and, insofar as necessary, with the prior consent of the person concerned.
13.3 SANALIO undertakes to respect the commitments made by it in the privacy policy available on its website: https://www.sanalio.bio/.
Article 14 - Miscellaneous provisions
14.1 All information about the Products published on its Website or any other medium is not binding on SANALIO and is provided for information only. SANALIO reserves the right to modify them without notice.
14.2 SANALIO's or the Customer's failure to enforce any provision of the GTC or any breach by its contracting party shall not be construed as a waiver of such right or obligation for the future. SANALIO reserves the right to modify the GTC; in this case, the modifications will come into force and will only be applicable to sales concluded after the GTC have been put online on the Website.
14.3 If one of the clauses of the GTC is declared null and void in application of a law, a regulation or following a final decision of a competent jurisdiction, it will be deemed unwritten, the other clauses nevertheless retaining all their effects and scope. SANALIO may, if necessary, replace the cancelled stipulation(s). These GTC and any special conditions constitute the entire contractual relationship between SANALIO and the Customer.
14.4 If the Customer is a private individual, in the event of a dispute relating to the Contract, he may submit a complaint to the Federal Consumer Mediation Service (https://mediationconsommateur.be/fr ). This mediation is voluntary and free of charge. They may also opt to use the European Online Dispute Resolution Platform (ODR platform) available at the following address
https://ec.europa.eu/consumers/odr/. This site specifically concerns the out-of-court settlement of disputes concerning the contractual obligations arising from this Contract.
14.5 The GTC are governed by Belgian law. Without prejudice to the application of article 14.4 of these GTC, all disputes arising out of or in connection with the formation, performance or interpretation of the GTC or the Contract, as well as any dispute relating to extra-contractual liability which cannot be settled amicably beforehand, shall be subject to the exclusive jurisdiction of the Hainaut Business Court, Tournai division. If the Customer is a private individual, any dispute will be submitted to the competent court in application of article 624 of the Belgian Judicial Code and article R-631.3 of the French Consumer Code.
