TERMS AND CONDITIONS & DISTANCE SALES AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER.
These Terms and Conditions of Sale (“Terms”) govern the relationship between Clin D’oeil BV, trading as Orthonutrics (“we”, “us”, “our”), and any consumer (“you”, “your”) who visits or makes a purchase through www.orthonutrics.com. These Terms comply with Belgian law, including the Belgian Code of Economic Law (Wetboek Economisch Recht / Code de droit économique), Book VI on market practices and consumer protection, and implement EU Directive 2011/83/EU on consumer rights.
Seller Identification
These Terms and Conditions apply to the website and online sales of:
Company name: Clin D’oeil BV
Trading name: Orthonutrics
Registered address: Vlieghavenlaan 41, 3140 Keerbergen, Belgium
Enterprise number (BCE/KBO): 0765.420.070
VAT number: BE 0765.420.070
Email: info@orthonutrics.com
Website: www.orthonutrics.com
Hereinafter referred to as “Orthonutrics”, “we”, "the company" "Clin D'oeil BV" or "us".
Scope and Acceptance
These Terms apply to all distance sales contracts concluded between us and consumers through our website. A “consumer” means any natural person acting for purposes outside their trade, business, craft or profession (Art. I.1, 2° CEL).
By placing an order, you confirm that you:
- Are at least 18 years of age or hold the legal capacity to enter into binding contracts in your jurisdiction.
- Have read, understood, and agree to be bound by these Terms in their entirety.
- Provide accurate, complete, and truthful information during the order process.
We reserve the right to amend these Terms at any time. The version in force at the time of your order will apply to your purchase. We encourage you to review the current version before each order.
Products — Nutritional Supplements
3.1 Nature of Products
All products sold by Orthonutrics are food supplements (voedingssupplementen / compléments alimentaires) as defined by Belgian Royal Decree of 20 June 2002 (as amended), implementing EU Directive 2002/46/EC. Our products are intended to supplement a normal varied diet and are not medicines.
The following mandatory notice applies to all our products:
“Food supplements should not be used as a substitute for a varied and balanced diet and a healthy lifestyle. Do not exceed the recommended daily dose. Keep out of reach of young children.”
Our products have not been evaluated by the Federal Agency for the Safety of the Food Chain (FASFC/FAVV/AFSCA) for the purpose of treating, curing, or preventing any disease unless explicitly stated on approved product labelling.
3.2 Product Descriptions and Accuracy
We make all reasonable efforts to ensure that product descriptions, ingredient lists, allergen information, nutritional values, and images are accurate. However, product formulations, packaging, and labelling may be updated by manufacturers. We recommend always reading the product label prior to use.
If a product you receive differs materially from its description, you have the right to remedies under Section 10 of these Terms.
3.3 Health Consultation
You should consult a qualified healthcare professional before using any food supplement, in particular if you are pregnant or breastfeeding, have a chronic illness or medical condition, are taking medication, or are under 18 years of age.
Formation of the Distance Sales Contract
The contract between you and us is formed as follows:
- You browse our website and add products to your shopping cart.
- You proceed to checkout and provide your delivery address, contact details, and payment information.
- Before finalising your order, you are presented with a clear order summary including product descriptions, total price inclusive of all taxes, shipping costs, and the estimated delivery timeframe. You are also required to confirm your acceptance of these Terms by ticking the confirmation checkbox.
- You click the “Order with obligation to pay” button (or equivalent clearly labelled button). This constitutes a binding offer to purchase.
- We send you an automated order acknowledgement email. This is not an acceptance of your order.
- The contract is formed when we send you a separate order confirmation email stating that your order has been accepted and is being processed. If we are unable to fulfil your order, we will notify you promptly and issue a full refund.
Pursuant to Art. VI.46 §1 CEL, the order button on our website is labelled in a way that unambiguously indicates that placing the order entails an obligation to pay.
Prices and Payment
5.1 Prices
All prices are displayed in euros (€) and are inclusive of all applicable Belgian and EU taxes (VAT included where applicable). Shipping costs are not included in the product price and are displayed separately at checkout before you confirm your order.
We reserve the right to modify prices at any time. The price applicable to your order is the price displayed at the time you submit your order. Price changes will not affect orders already confirmed.
5.2 Payment Methods
We accept the payment methods displayed at checkout. All payments are processed through secured, encrypted payment gateways. By submitting your payment details, you confirm that you are the authorised holder of the payment instrument and that sufficient funds are available.
We do not store full payment card data. All card transactions are handled by our payment processor ("Stripe") in compliance with PCI-DSS standards.
5.3 VAT
Our VAT number is BE 0765.420.070. VAT is applied in accordance with Belgian and EU VAT regulations applicable to distance sales to consumers.
5.4 Promotions and Voucher Codes
Promotional codes are subject to their specific terms, including validity periods and any minimum order requirements. Only one promotional code may be applied per order unless stated otherwise. Codes have no cash value.
Delivery
We only deliver to addresses in Belgium. Specific delivery options, carriers, estimated delivery times, and shipping costs are displayed at checkout before you finalise your order.
Pursuant to Art. VI.38 CEL (implementing Art. 18 of Directive 2011/83/EU), we will deliver the goods within the period indicated at the time of ordering. Unless agreed otherwise, delivery will take place within 60 days of the date of the contract. If we are unable to deliver within this period, you will be informed and you may withdraw from the contract with full reimbursement.
Transfer of risk: The risk of loss or damage to the goods passes to you at the moment of physical delivery to you or a third party designated by you (other than the carrier). If you have contracted with a carrier for delivery yourself, risk passes when the goods are handed to that carrier.
For deliveries outside the EU, you are responsible for any import duties, customs fees, and local taxes that may apply. We recommend verifying your country’s import regulations before ordering.
Right of Withdrawal — Herroepingsrecht / Droit de Rétractation
As a consumer purchasing at a distance, you have the right to withdraw from the contract without giving any reason within 14 calendar days of the day on which you or a third party designated by you (other than the carrier) physically takes possession of the goods (“Withdrawal Period”).
7.1 How to Exercise Your Right of Withdrawal
To exercise your right of withdrawal, you must notify us of your decision before the end of the Withdrawal Period by an unambiguous statement (e.g. by email). You may use the Model Withdrawal Form set out in Annex 1 to these Terms, but this is not obligatory.
Contact for withdrawal: info@orthonutrics.com — subject line: “Withdrawal – Order [your order number]”
7.2 Return of Goods
You must return the goods to us without undue delay and in any event no later than 14 days after the day on which you have communicated your withdrawal. You will bear the direct cost of returning the goods unless we have indicated otherwise.
7.3 Reimbursement
We will reimburse all payments received from you, including the basic delivery costs (but not any additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we receive the returned goods or evidence of dispatch, whichever is earlier. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods.
7.4 Condition of Returned Goods
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
7.5 Exceptions to the Right of Withdrawal
The right of withdrawal does NOT apply to:
- Sealed goods which are not suitable for return due to health protection or hygiene reasons, where the seal has been broken after delivery. This applies to any Orthonutrics nutritional supplement whose original sealed packaging has been opened after delivery.
- Goods that have been mixed inseparably with other items after delivery.
- Goods made to the consumer’s specifications or clearly personalised.
Unopened, sealed products in their original undamaged packaging may be returned within the 14-day Withdrawal Period. Once a supplement’s sealed packaging has been opened, the hygiene exception applies and the right of withdrawal is lost for that product in full.
Use and Responsibility
The customer agrees to use the product in accordance with:
The provided instructions
The recommended dosage
Applicable safety information
The product should not be used in case of known hypersensitivity or allergy to any of its ingredients.
If adverse reactions occur, use should be discontinued and medical advice sought.
Orthonutrics cannot be held responsible for damages resulting from:
Misuse
Incorrect storage
Use contrary to instructions
Legal Guarantee of Conformity
As a consumer, you benefit from the statutory two-year legal guarantee of conformity. Under this guarantee, we are liable for any lack of conformity that exists at the time of delivery and that becomes apparent within two years of delivery.
A product is non-conforming if it:
- Does not correspond to the description given or does not possess the qualities presented in a sample or model.
- Is not fit for any particular purpose required by you which you made known to us before the contract was concluded, and which we accepted.
- Is not fit for the purpose for which goods of the same type are normally used.
- Does not show the quality and performance normal in goods of the same type and which you can reasonably expect.
In the first instance, you are entitled to repair or replacement of the non-conforming product. If repair or replacement is impossible or disproportionate, you are entitled to a price reduction or rescission of the contract.
To invoke this guarantee, please contact us at info@orthonutrics.com with your order number and a description of the defect.
Complaints and Out-of-Court Dispute Resolution
If you have a complaint about our products or services, please contact us first at info@orthonutrics.com. We will respond within 14 business days. We will make every effort to resolve your complaint amicably.
If your complaint is not resolved to your satisfaction, you have the right to submit a dispute to an accredited alternative dispute resolution (ADR) body. In Belgium, consumers may contact:
- The Consumer Mediation Service (Service de Médiation pour le Consommateur / Consumentenombudsdienst): www.mediationconsommateur.be — available for all B2C disputes.
- The European Online Dispute Resolution (ODR) platform (for cross-border disputes): https://ec.europa.eu/consumers/odr
Our email address for ODR purposes: info@orthonutrics.com
Submission to ADR is voluntary. You retain the right to bring proceedings before a competent court at any time.
Privacy and Data Protection (GDPR — Regulation 2016/679)
We process your personal data in accordance with our Privacy Policy (available on our website) and the General Data Protection Regulation (GDPR). By placing an order, you acknowledge that we process your data to fulfil your order and comply with our legal obligations.
Your rights under the GDPR include the right of access, rectification, erasure, restriction of processing, data portability, and the right to object. To exercise these rights, contact us at info@orthonutrics.com.
You have the right to lodge a complaint with the Belgian Data Protection Authority (Gegevensbeschermingsautoriteit / Autorité de protection des données): www.dataprotectionauthority.be.
Intellectual Property
All content on www.orthonutrics.com including text, images, logos, product descriptions, and software is the exclusive property of Clin D’oeil BV or its licensors and is protected under Belgian and EU intellectual property law. Reproduction, distribution, or commercial use without prior written consent is prohibited.
Limitation of Liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, defective products under the Product Liability Act, or any other liability that cannot be excluded by mandatory Belgian law.
Subject to the above, and to the extent permitted by Belgian law, our total liability to you in connection with any order shall not exceed the total amount paid by you for that order.
We are not liable for indirect or consequential losses to the extent such limitation is permitted under Belgian mandatory consumer law.
Governing Law and Jurisdiction
These Terms are governed by Belgian law. Any dispute arising out of or in connection with these Terms that is not resolved by ADR shall be subject to the exclusive jurisdiction of the competent Belgian courts.
If you are a consumer resident in another EU member state, you may also bring proceedings before the courts of your place of residence, in accordance with EU Regulation 1215/2012 on jurisdiction.
Language
These Terms are made available in Dutch, French, and English. In the event of any inconsistency between language versions, the French version shall prevail for French-speaking consumers, the Dutch version for Dutch-speaking consumers, and the English version for consumers who selected English.
Force Majeure
Orthonutrics shall not be held liable for failure to perform obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, supply chain disruptions, strikes, or governmental measures.
ANNEX 1 — Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Clin D’oeil BV, Vlieghavenlaan 41, 3140 Keerbergen, Belgium, info@orthonutrics.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*) / received on (*): ___________________________
Order number: ___________________________
Name of consumer(s): ___________________________
Address of consumer(s): ___________________________
Signature of consumer(s) (only if this form is notified on paper): ___________________________
Date: ___________________________
(*) Delete as appropriate.