B2B Terms and Conditions

(Updated on 01/07/2022)

These general terms and conditions of sale concern sales to buyers acting in a professional capacity. If you are a consumer (consumer: any natural person who acts for purposes that are outside his or her trade, business, craft or profession), the B2C General Terms and Conditions of Sale apply. Find out more here: https: //onaturalis.bio/cgv

The website

O’Naturalis (https://onaturalis.bio)

(hereinafter the“Platform“)

is an initiative of :

O’Naturalis srl
Haute Levée 19A, 4970 Stavelot (Belgium)
Company number (BCE/TVA): BE0782.698.344
E-mail: info@onaturalis.bio
Telephone: +32 (0)80 770 422

(hereinafter“O’Naturalis” or the“Seller“)

Article 1. Scope of application

These general terms and conditions of sale (hereinafter referred to as the“GTC“) define the mutual rights and obligations of the parties in the event of a B2B contract.

The Buyer” is the name given to the co-contractor, whether reseller or vendor-depositary.

The GCS express the entirety of the obligations of the parties.

By entering into a contract with the Vendor, the Buyer agrees to be bound by these General Terms and Conditions, which are sent to the Buyer when the contract is concluded.

The applicable GCS are those transmitted to the Buyer at the time of the conclusion of the contract.

The General Terms and Conditions take precedence over any other conditions stipulated by the Buyer, in any form whatsoever, at any time whatsoever, in writing, by e-mail or orally.

In exceptional cases, deviations from the provisions of the GCS may be made, provided that such deviations have been agreed in writing by all parties.

Article 2. Inventory and cash

Products and services are offered subject to availability.

If a product is ordered by the Buyer when it is no longer in stock, the Seller will notify the Buyer as soon as possible and the Buyer may either choose another product at the same price or be reimbursed for the purchase.

Article 3. Price

Prices and taxes are specified for each item at the latest when the order form is signed.

When the Buyer is a reseller, prices and taxes are indicated exclusive of VAT on the order form sent to the Buyer by the Vendor, which order form is subject to a validity deadline.

When the Buyer is a “seller-depositor” (under the terms of the contract concluded between the parties), the price and tax are indicated on the order forms as well as on the deposit sheets.

If prices change, new purchase orders and deposit slips must be provided to the Buyer for future sales.

Prices are given in euros.

Article 4. Delivery

4.1 Shipping

Products are delivered to the delivery address indicated by the Buyer on the order form.

The Seller delivers to all European Union countries.

The Buyer undertakes to provide correct and up-to-date delivery information. Failing this, the Buyer will be invoiced for any additional costs arising from incomplete or erroneous information.

For reasons of availability, an order may be subject to several successive deliveries to the Buyer.

The Seller offers one or more delivery methods. The delivery method must be defined at the time of contract formation. Delivery times will depend on the delivery method chosen.

Shipping costs are at the Buyer’s expense, unless otherwise indicated by the Seller on the order form.

Delivery times are given for information only.

If the Seller is unable to meet the delivery date, it will inform the Buyer as soon as possible.

If the actual delivery takes place more than one month after the indicative delivery date, the Buyer may request a refund.

If there is no delay of one month between the indicative delivery date and the actual delivery date, no claim for reimbursement can be made.

4.2 Checking the order

On receipt of the products, the Buyer shall check that the products delivered are in good condition.

In the event that one or more of the products ordered is missing or damaged, the Buyer must send his complaint by registered letter within 14 days of the date of receipt of the products.

Any claim not made within the above rules and time limits will be inadmissible.

The risks associated with the Product are transferred at the time of delivery. From this moment, the Vendor declines all responsibility in the event of loss or destruction, or partial or total deterioration of the Product.

4.3 Delivery error

In the event of delivery error or non-conformity of the products in relation to the indications on the order form, the Buyer shall inform the Vendor by registered letter within 14 days of the date of receipt of the products.

Any claim not made within the above rules and time limits will be inadmissible.

4.4 Returns and exchanges

The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging.

The Vendor will refund the price of the product(s) and, if and only if the return concerns the entire order, any shipping costs invoiced for the initial shipment.

The Seller shall also bear the costs of return/shipping (with the exception of additional costs arising from the fact that the Buyer has chosen a delivery method other than the less expensive standard delivery method).

Article 5. Payment and billing

5.1. The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the Customer Service Department (by post to O’Naturalis, Customer Service Department, Rue Henri Massange 12, 4970 Stavelot (Belgium) or by e-mail to “commandes@onaturalis.bio”) prior to delivery.

5.2. In the event of unavailability of a service or product, the Vendor will inform the Buyer as soon as possible in order to agree on the replacement of the product or the cancellation of the order, at the Buyer’s discretion.

In the event of replacement, if the cost of the replacement product is lower than the cost of the product initially ordered, the difference will be returned to the customer.

In the event of replacement, if the cost of the replacement product is higher than the cost of the product initially ordered, the difference will be invoiced to the customer.

If a product is replaced, the rest of the order remains firm and definitive.

5.3. In the event of non-payment on the due date stipulated in the invoice, the purchaser is obliged to pay interest at the rate of 12% per annum until the principal sum has been paid in full, without prior notice of default or summons.

In the event of non-payment on the due date stipulated in the invoice, the Buyer is also required to pay a conventional, flat-rate indemnity of 10% of the amount due, with a minimum of 75 EUR.

5.4 In the event of non-payment, the Seller reserves the right to wait for payment to be made before executing any outstanding orders.

Article 6. Force majeure

If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond its control, this is deemed to be force majeure.

In the event of force majeure, the Seller is entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller will immediately notify the Buyer.

If the force majeure continues for more than 90 days without interruption, either party to the contract shall be entitled to terminate the contract unilaterally by registered letter sent to the other party. Orders already executed by the Seller will nevertheless be invoiced to the Buyer.

Article 7. Independence of clauses

The illegality or total or partial invalidity of any provision of these General Terms and Conditions of Sale shall have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or invalid provision by another valid provision of similar scope which does not affect the Buyer’s rights.

Article 8. Applicable law and jurisdiction

These General Terms and Conditions of Sale are governed by Belgian law.

In the event of a dispute, and failing amicable settlement, the dispute will be brought before the courts of the judicial district of the Vendor’s registered office.

Article 9. Data protection

Personal data collected in connection with sales covered by these General Terms and Conditions of Sale are processed in accordance with Belgian and European legislation, in particular the Law of July 30, 2018 on the protection of individuals with regard to the processing of personal data and the General Data Protection Regulation (Regulation 2016/679, generally referred to as “RGPD” or “GDPR”).

The purpose of data processing is the execution of agreements concluded with the Buyer, customer and sales administration, the promotion of products and services, the establishment of personalized information and direct marketing campaigns, including via e-mail, by the Seller and its subcontractors.

For any further information, the Buyer is invited to refer to the Vendor’s data protection policy, which can be viewed on the Platform(https://onaturalis.bio/privacy) or obtained on request by e-mail, telephone or letter to the Vendor’s head office.

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