The provisions below set forth the general terms and conditions of sale for the products offered by NOWEA S.R.L on its website.
1 - Acceptance of the Terms
The buyer hereby acknowledges having read the present General Terms and Conditions of Sale and, by placing an order, expressly accepts them without reservation. Validation of the order shall indicate acceptance of the General Terms and Conditions of Sale.
2 - Purpose
2.1 - The present contract stipulates the rights and obligations of NOWEA S.R.L S.A. and the buyer as part of the sale of products offered by NOWEA S.R.L on its website.
2.2 - The General Terms and Conditions of Sale set forth all the rights and obligations of the parties, and no other terms may be added.
2.3 - Because this contract has been agreed remotely by electronic means, NOWEA S.R.L hereby identifies itself to the buyer:
Square de Meeus 35
1000 Bruxelles, Belgique
Tva : BE 0543.362.821
3 - Product Characteristics
3.1 - NOWEA S.R.L S.A. shall inform the buyer of all the essential characteristics of the products it presents. The customer should read these characteristics carefully. They describe the ingredients, quantities, doses and weights of the products offered.
3.2 - The buyer hereby acknowledges that the product description and data found on the website are given for information only.
3.3 - Under no circumstances shall any change in the form or content of a product shall be cited as a reason for legal action in case of discrepancy with the photos posted on the website,
3.4 - Upon receipt of the order, the buyer hereby agrees to read the product labels carefully. They provide information (doses, quantities, side effects, expiration dates) that the user must follow.
4 - Offer and Service
4.1 - NOWEA S.R.L S.A. hereby restricts the geographic distribution of its products to the member countries of the European Union.
4.2. - The buyer is aware that the product will be delivered by post.
5 - Ordering and Commitments
5.1 - The buyer who wishes to place an order shall be required:
- " to fill in the identification form with all requested details or to provide a customer number, if any
- " to fill in the online order form
- " to validate his/her order after verification
- " to make secure payment with a debit/credit card
- " to confirm his/her order and payment
5.2 - The order shall not be challenged except in application of Article 12.
5.3 - Validation of the order entails acceptance of the General Terms and Conditions of Sale, acknowledgement that the buyer has read said terms, and waiver of recourse to the buyer's own terms and conditions of purchase or any other terms.
5.4 - All of the data provided and the confirmation recorded by the buyer shall constitute proof of the transaction. Confirmation shall imply sign-off and acceptance of the operations performed.
5.5 - Transmission of the order shall be completed when an "order sent" message appears on the screen. The sale shall be complete only when this message appears.
6 - Limitations
6.1 - As a general rule and without need for justification, NOWEA S.R.L reserves the right to refuse or cancel any order from a buyer, particularly in the case of payment issues for the order in question or a dispute relating to payment of a prior order.
6.2 - Only those persons who are legally authorised to do so may place orders.
7 - Prices
7.1 - Prices are expressed in euros, VAT included. Shipping costs shall be added to the indicated price. Exept the prices reserved for professionals in the section dedicated to professionals.
7. 2 - NOWEA S.R.L reserves the right to modify the price of its products at any time; however, products shall be invoiced at the prices in effect at the time the order is recorded.
8 - Order Confirmation
8.1 - To verify the buyer's intentions, NOWEA S.R.L S.A. shall confirm the content of the order by E-mail, at the time of shipping at the latest. This confirmation shall include the product name, its price, payment method and delivery details.
8.2 - Almost all products are in stock. If the product ordered is not immediately available, NOWEA S.R.L shall inform the buyer by E-mail of the expected delivery time. If said delivery time is not satisfactory for the customer, he/she may choose to modify or cancel the order.
9 - Proof of Purchase
These order confirmations shall be kept on file at the NOWEA S.R.L customer service centre and shall be considered as proof of the nature and date of the agreement.
10 - Payment
10.1 - The invoice shall be payable at the time of ordering by means of credit card.
10.2 - Payment shall be processed via the secure server of the MOLLIE company. This company strives to prevent the fraudulent use of the payment means used for the transaction. Credit card details are accessible only to Ogone. They must be re-entered each time a purchase is made online.
10.3 - The order confirmed by the buyer shall take effect when the secure bank payment centre and the MOLLIE company have approved the execution of the transaction. If rejected, the order shall be automatically cancelled, and the buyer shall be notified by E-mail.
11 - Delivery
11.1 - NOWEA S.R.L S.A. hereby agrees to ship the ordered products within two (2) business days of the order date, except in the case of stock-outs.
11.2 - The products shall be delivered by post to the address specified by the buyer on the purchase order. The products shall be shipped at the recipient's risk.
11.3 - Under no circumstances shall NOWEA S.R.L be held liable for errors committed by the buyer in entering the delivery address for the order nor for any delays in or impossibility of delivery of the ordered products owing to such errors.
11.4 - Delivery costs and times are available on the NOWEA S.R.L website. They are given for information only. No compensation may be claimed by the buyer in case of delay in delivery due to NOWEA S.R.L or the carrier.
11.5 - The buyer shall check the general appearance of the packaging upon delivery. The buyer shall report any damage on the delivery company's reception slip and shall notify NOWEA S.R.L in writing within 48 hours.
11.6 - If a package is not picked up at the post office after an undelivered package notice is left, it shall be returned to NOWEA S.R.L and the recipient shall be notified by E-mail as soon as this information is received. An additional delivery may be requested by the buyer at his/her expense (even if the initial shipping was done free of charge).
11.7 - All claims shall be sent to NOWEA S.R.L. No claims pertaining to apparent defects shall be accepted more than 48 hours after delivery.
11.8 - If the delivered product is not on-specification, NOWEA S.R.L hereby agrees to exchange the product or reimburse the buyer. However, shipping costs shall be payable by the customer.
11.9 - Recipients of the products shall refrain from any resale, in full or in part, of the purchased products.
12 - Retraction
12.1 - In accordance with Article 46 of the law pertaining to market practices and consumer protection, the buyer has a retraction period of fourteen (14) calendar days from the date of reception of the ordered product, without penalty or need to provide just cause. The buyer may also choose to exchange the product.
12.2 - To obtain reimbursement or to make an exchange, the buyer must return the new, intact products sealed in their original packaging, at his/her own expense and under his/her own responsibility. The delivery slip shall be attached to the package. NOWEA S.R.L shall reimburse the buyer for the amounts spent (except for shipping costs), without any processing fees. If the initial delivery costs were paid by NOWEA S.R.L, they will be deducted from the amount reimbursed to the customer.
12.3 - The only right of retraction in force exists prior to shipment of the package. This retraction shall be communicated to NOWEA S.R.L via its Contact page.
13 - Warranty of Product Quality
13.1 - NOWEA S.R.L hereby agrees to exchange, at its own expense, any defective or damaged product.
13.2 - The warranty does not apply to defects or damages that directly result from or occur as part of one of the following exclusions: 1. Any negligence, handling error, usage of non-compliant products, or more generally, any defective or improper usage, 2. Any intervention on or modifications made to the products by any person external to NOWEA S.R.L, 3. Any fire damage, water damage, accident or defect in climate control, tampering, storm damage, consequences of storms or other weather-related incidents, 4. Damages caused by transport
14 - Privacy
The information pertaining to the order is subject to automated data processing. The buyer hereby states that he/she is aware of such processing. NOWEA S.R.L hereby states that it will never transmit such information to any partner other than those acting on behalf of NOWEA S.R.L (e.g. MOLLIE).
In compliance with Belgian law of 8 December 1992, the buyer shall also have a right of access and rectification with respect to any information pertaining to him or her in the files of NOWEA S.R.L S.A.
15 - Liability
15.1 - NOWEA S.R.L S.A. shall not be held liable, under any circumstances or in any manner whatsoever, for damages of any nature that might result from improper usage of the products it markets.
15.2 - NOWEA S.R.L S.A. shall under no circumstances be held liable for non-compliance with the regulatory and legislative provisions in effect in the destination country. Any liability of NOWEA S.R.L S.A. shall be exclusively limited to the value of the product in question, as determined on the date of its sale.
15.3 - In the online sales process, NOWEA S.R.L S.A. shall be bound only by an obligation of due care. It shall not be held liable for any damages resulting from use of the Internet (loss of data, hacking, virus, loss of service, or other problems outside of its control).
16 - Intellectual Property
NOWEA S.R.L shall retain all intellectual property rights to the products delivered. Unless stipulated otherwise and without prejudice to any such rights, the buyer shall refrain from copying or reproducing, in full or in part, any of the products delivered, by any means whatsoever or in any form.
16.2 - All items found on the NOWEA S.R.L website are and shall remain the exclusive intellectual property of NOWEA S.R.L. They are protected by copyright. No such items, including audio-visual software, shall be reproduced, exploited, redistributed or used, for any purpose or in any form whatsoever, even partially, without the prior written consent of NOWEA S.R.L.
17 - Cookies
18 - Dispute Resolution
18.1 - If a dispute arises in relation to the present contractual relationship, the parties shall agree to seek an amicable solution prior to undertaking any legal action.
18.2 - All of our sales, even international ones, shall be governed by Belgian law. Any dispute shall be referred to the courts that have jurisdiction over our corporate headquarters. However, when NOWEA S.R.L is the plaintiff, we may opt to refer the dispute to the courts that have jurisdiction over the buyer's place of business or residence. If any of the clauses of the present General Terms and Conditions of Sale are declared null and void, the remaining clauses shall remain in effect unaltered. In such a case, the parties or courts shall undertake to replace the invalid provision with one that has an equivalent effect.