Terms and Conditions

General conditions



Article 1 – Definitions
The following is understood under these general conditions:
1. Entrepreneur: the natural or legal entity that provides products and/or services remotely to consumers;
2. Consumer: the natural person not acting as a professional or business and has entered into a remote Agreement with the Entrepreneur;
3. Remote Agreement: an agreement whereby, in the ambit of an Entrepreneur organized system for remote sales of products and / or services, up to the conclusion of the Agreement only one or more remote sales technique is (are) used;
4. Technique for distance communication: Means that can be used for entering into an Agreement, without the Consumer and the Entrepreneur being in the same location at the same time.
Cool-off period: the period in which the Consumer can use the right of withdrawal;
6. Right of withdrawal: an opportunity for the Consumer to withdraw from the remote Agreement within the cool-off period;
7. Day: calendar day;
8. Transaction duration: a remote sales agreement relating to a series of products and / or services, of which the supply and / or collection is spread in this time;
9. Sustainable data storage medium: every product that allows the Consumer or Entrepreneur to store any information directed at him / her personally, to consult it if needed, and that makes an unedited reproduction of the information possible.

Article 2 - identity of the Entrepreneur
Bioracer NV

Ravenshout Z.5.2.50

3980 Tessenderlo

VAT BE.0437.878.883

RPR Hasselt

Article 3 - Applicability 
1. These general conditions apply to every offer of the Entrepreneur and to every remote sales Agreement entered into between the Entrepreneur and the Consumer.
2. Before the remote sales Agreement is entered into the text of the General Conditions is made available to the Consumer. If this is not reasonably possible, before the remote sales Agreement is entered into, it will be indicated that the General Conditions are available for consultation at the Entrepreneur, and that, at request, a copy of these General Conditions can be sent to the Consumer, as soon as possible, at no charge.
3. If the remote sales Agreement is entered into electronically, in deviation to the previous section, and before the remote sales Agreement is entered into, the text of these General Conditions may be made available to the Consumer in a digital form in such a way that it can be saved by the Consumer in a simple way, on a sustainable data carrier. If this is not reasonably possible, before the remote sales Agreement is entered into, it will be indicated where the General Conditions may be electronically consulted, and that they may, at electronic request, be sent in a different way, free of charge, to the Consumer.
4. If there is specific product or service conditions applicable on top of these General Conditions, then the second and third section also applies to the corresponding application, and the Consumer can, in the event of a contradiction in the General Conditions, appeal to the applicable provisions most suitable to him / her.

Article 4 - The offer
1. If an offer has a limited validity period, or is covered by specific provisions, this is specifically indicated in the offer.
2. The offer contains a full and accurate description of the presented products and/or services. The description is sufficiently detailed to make a proper assessment of the offer by the Consumer possible. If the Entrepreneur makes use of images, these should be a true rendition of the presented products and / or service. Obvious mistakes or errors in the offer do not bind the Entrepreneur.
3. Every offer contains sufficient information, so that the rights and obligations incorporated to the acceptance of the offer is clear. This involves particularly:
• the price including taxes;
• the possible delivery expenses;
• the way in which the Agreement will come into force, and which actions are necessary for this;
• whether or not there can be an application of a right of withdrawal;
• the means of payment, delivery or implementation of the Agreement;
• the terms for acceptance of the offer, or the deadline for adhering to the price; 
• the level of the rate for distance communication if the expenses for the use of the technique for distance communication is calculated on a different basis than the basic rate; 
• if the contract is registered after coming into force, how this contract may be consulted;
• the way in which the Consumer, before the Agreement is entered into, can be informed of undesired actions, as well as the way in which he / she can rectify these before the Agreement is entered into;
• the possible languages in which, apart from Dutch, the Agreement can be entered into;
• the conduct to which the Entrepreneur is subject and the way the Consumer can consult these behavioral codes electronically, as well as the minimum duration of the remote sales Agreement, in the event of an Agreement that involves continuous or periodic episodes or services.

Article 5 - The Agreement
1. The Agreement comes, subject to the provisions under section 4, into force at the moment that the Consumer accepts the offer, and complies with the corresponding conditions.
2. If the Consumer has accepted the offer electronically the Entrepreneur immediately verifies the receipt of the acceptance of the order, electronically. The Consumer may dissolve the agreement for as long as receipt of this acceptance has not been confirmed.
3. If the agreement is entered into electronically the Entrepreneur will take the necessary technical and organizational measures to protect the electronic transfer of data, and provide for a safe web environment. If the consumer can make electronic payment the Entrepreneur will take the suitable safety measures into consideration.
4. The Entrepreneur can – within the statutory context – investigate whether the Consumer will be able to meet the payment obligations, as well as of the facts and factors that are important for a sound conclusion of the remote Agreement. If the Entrepreneur, based on this investigation, is justified to not conclude the Agreement, he / she is entitled to refuse an order or request, or to incorporate particular conditions to the execution.
5. The Entrepreneur shall provide the following information, in writing or in such a way that it can be stored in an accessible manner by the Consumer on a sustainable data carrier:
a. the physical address of the establishment of the Entrepreneur where the Consumer can lodge complaints;
b. the conditions under which, and the manner in which the Consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information concerning existing after sales service and guarantees;
d. the details indicated in Article 4 section 3 of these conditions, unless the Entrepreneur has already provided the Consumer with these details before commencement of the Agreement;
e. the requirements for terminating the Agreement if the Agreement has a duration of more than one year, or is indefinite.
6. If the Entrepreneur is committed to delivering a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.

Article 6a – Right of withdrawal upon delivery of the products
1. When purchasing products the Consumer can cancel the Agreement, without stating the reasons for dissolution, within 14 days. This period starts on the day after receipt of the product by, or on behalf of the Consumer.
2. During this period the Consumer shall handle the products and the packaging cautiously. He / she will only unpack the product as much as is needed to be able to assess if he / she wishes to keep the product. If he / she wishes to make use of the right of withdrawal he / she will return all supplied accessories and – if reasonably possible - in the original state and packaging, to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.

Article 6b – Right of withdrawal upon delivery

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