(Updated on 10/03/2022)
The present general terms and conditions of sale concern B2C sales to consumers (consumer: any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity). If you are acting in a professional capacity, the B2B General Terms and Conditions apply. Find out more here: https: //onaturalis.bio/cgv-b2b/
The website
O’Naturalis (https://onaturalis.bio)
(hereinafter the“Platform“, “the Site” or “our Site”)
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 the“GTC”) define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafterthe “Customer”).
The GCS express the entirety of the obligations of the parties.
Please read these Terms and Conditions carefully before placing an order on our Site.
By ordering any of our products, the Customer agrees to be bound by these Terms and Conditions. Customers can download the General Terms and Conditions at any time from our website onaturalis.bio/cgv.
Our General Terms and Conditions take precedence over any other conditions stipulated by the Customer, in any form whatsoever, at any time, in writing, by e-mail or orally.
In exceptional cases, deviations from the provisions of the GTC may be made, provided that such deviations have been agreed in writing. Such derogations may consist in the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GCS.
O’Naturalis srl reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online for all purchases made after this date.
The conditions online at the time of purchase apply.
Article 2. How online sales work
2.1 Presentation
Through the Platform, the Vendor provides the Customer with an online store presenting the products or services sold, without the photographs having any contractual value.
Products and services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Vendor cannot be held responsible.
2.2 Inventories and cash
Products and services are offered subject to availability.
If a product is purchased by the Customer when it is no longer in stock, the Vendor will notify the Customer as soon as possible and the Customer may either select another product at the same price or be reimbursed for the purchase.
2.3 Prices
Prices and taxes are specified for each item in the online store.
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability at this date.
Prices are given in euros. They are deemed to include all taxes and do not take into account any delivery charges, which are indicated and invoiced in addition before the order is validated by the Customer.
The total amount of the order (including all taxes) and, where applicable, delivery charges is indicated before final validation of the order form.
Article 3. Contract conclusion
To order online, the Customer must fill in an online order form.
By completing the electronic form, the Customer accepts the price and description of the products or services.
For the order to be validated, the Customer must read and accept the present General Terms and Conditions by clicking where indicated.
The Customer must provide an e-mail address, billing information and, if applicable, a valid delivery address. Any exchange with the Vendor may take place via this e-mail address.
A customer account must be created to place an order (via a registration form).
In addition, the Customer must choose the delivery method and validate the payment method.
The Vendor reserves the right to block the Customer’s order in the event of non-payment, incorrect address or any other problem with the Customer’s account, until the problem is resolved.
The transfer of ownership of the articles takes place when the Vendor has received full payment for the order.
Article 4. Payment and order confirmation
4.1 Payment
The Customer makes the payment at the time of the final validation of the order via the method of payment chosen among those proposed by the Vendor on the Platform at the time of the order. This validation takes the place of a signature.
The Customer guarantees the Vendor that he/she has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his/her consent to the sale as well as the payability of the sums due for the order.
The Vendor has set up a procedure for verifying orders and means of payment in order to provide a reasonable guarantee against any fraudulent use of a means of payment, including by requesting identification data from the Customer.
In the event of refusal to authorize payment by credit card by the accredited organizations or in the event of non-payment, the Vendor reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
4.2 Confirmation
On receipt of confirmation of purchase and payment, the Vendor sends confirmation to the Customer, together with an invoice, unless the latter is delivered with the order.
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 customer service (see contact details below) prior to delivery.
In the event of unavailability of a service or product, the Vendor will inform the Customer by e-mail as soon as possible in order to replace it or cancel the order of this product and possibly to refund the related price, the remainder of the order remaining firm and definitive.
Article 5. Evidence
Communications, orders and payments between the Customer and the Vendor may be proven by means of computerized registers kept in the Vendor’s computer systems under reasonable conditions of security. Order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
Article 6. Delivery
6.1 Shipping
Delivery is made only after confirmation of payment by the Seller’s bank.
Products are delivered to the address indicated by the Customer on the online order form.
The Seller delivers to all European Union countries.
The customer undertakes to provide correct and up-to-date delivery information. Failing this, the customer will be billed 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 Customer.
The Vendor offers one or more delivery methods when the order is placed. Delivery times will depend on the delivery method chosen and will be indicated during the order process.
Delivery times are given for information only.
If the Seller is unable to meet the delivery date, it will inform the Customer as soon as possible.
No compensation may be claimed from the Seller or the carrier in the event of late delivery. However, if the actual delivery date is more than one month after the indicative delivery date, the customer may request cancellation of the contract in order to be reimbursed.
6.2 Checking the order
On receipt of the products, the Customer or recipient shall check that the products delivered are in good condition or that the service provided is in conformity.
In the event that one or more of the products ordered are missing or damaged, the Customer or recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Vendor.
Verification is considered to have been carried out when the Customer or a person authorized by him has received the order without expressing any reservations.
Any reservation not made in accordance with the rules defined above and within the allotted time will not be taken into account and will release the Vendor from all liability towards the Customer.
The risks associated with the Product are transferred to you upon delivery. From this moment, we decline any responsibility in the event of loss or destruction, of deterioration, partial or total, of the Product.
6.3 Delivery error
In the event of a delivery error or non-conformity of the products in relation to the information on the order form, the Customer shall inform the Vendor within three working days of receipt of the products.
Any claim not made within the allotted time will not be taken into account and will release the Vendor from any liability towards the Customer.
6.4 Returns and exchanges
The product to be exchanged or refunded must be returned to the Vendor in its entirety and in its original packaging, in accordance with the terms and conditions set out in article 9.1.
Article 7. Warranty in the event of non-conformity
This clause does not affect the Customer’s rights under the Belgian Civil Code and Economic Law Code governing the sale of consumer goods. Thus, and in particular, the provisions relating to the Warranty for hidden defects in the Product sold are applicable after the two-year period provided below.
The Seller is liable for any lack of conformity that appears within two years of delivery of the Product.
This two-year period is suspended for the time required to repair or replace the Product or in the event of negotiations between the Customer and the Vendor with a view to reaching an amicable agreement.
The Customer must inform the Vendor of the existence of a lack of conformity within two months from the date on which the defect was detected.
In any event, the Customer’s rights are subject to a limitation period of one year from the date on which he/she discovered the lack of conformity, without this period expiring before the end of the two-year period from delivery of the Product.
In addition to damages, where applicable, in the event of non-conformity of the delivered Product, the customer has the right to demand either the repair of the Product or its replacement, under the conditions set out below (1), or an appropriate reduction in the price or termination of the Contract, under the conditions set out below (2).
However, account shall be taken of any worsening of the damage resulting from the use of the Product after the time when the customer noticed the lack of conformity or should have noticed it.
(1) The Customer has the right, in the first instance, to demand the repair of the Product or its replacement within a reasonable time, free of charge, unless this is impossible or disproportionate.
The costs referred to in the preceding paragraph are the necessary costs incurred to bring the Product into a compliant condition, in particular the costs of returning the Product and the costs associated with work and materials.
One method of compensation is considered disproportionate if it imposes costs on the seller which, compared with the other method of compensation, are unreasonable taking into account:
- of the value that the Product would have if there were no lack of conformity;
- the extent of the lack of conformity;
- whether the other method of compensation can be implemented without major inconvenience to you.
(2) The Customer has the right to demand an appropriate reduction in price or rescission of the Contract:
- if the Customer is not entitled to repair or replacement of the Product under paragraph (1);
- if the Seller has not carried out the repair or replacement within a reasonable time or without major inconvenience to the Customer.
However, the Customer does not have the right to rescind the Contract if the lack of conformity is minor.
In addition, any refund is reduced to take account of the use the Customer has made of the Product since its delivery.
Article 8. Right of withdrawal
Customers qualified as “consumers” by law, have a period of 14 calendar days to withdraw from their order, without having to justify their decision and without incurring any costs other than :
- additional costs related to a delivery method other than the less expensive standard delivery method offered by us;
- direct costs incurred by returning the Products.
The 14-day withdrawal period begins the day after the Customer or a representative takes possession of the delivered Product.
In order for the 14-day withdrawal period to be respected, it is sufficient for the Customer to transmit to the Vendor the decision concerning the exercise of the right of withdrawal before the expiry of the said period at the following e-mail address customer@onaturalis.bio or by telephone on +32 (0)80 770 422
Unless otherwise instructed by the Vendor, the Customer must return the Product to la SRL O’Naturalis , Haute Levée 19A, 4970 Stavelot (Belgium), as soon as possible and no later than 14 days after notification of the decision to withdraw.
For goods that can be returned by post, the postmark will be used as proof of the date of return. For larger parcels, the date on which the carrier picks up the parcel(s) is decisive. In all other cases, the date of issue of the seller’s acknowledgement of receipt is decisive.
The Customer shall contact the seller’s customer service department on +32 (0)80 770 422 or at the following e-mail address customer@onaturalis.bio who will inform him/her of the delivery details.
This right assumes that the item is returned to the Seller in perfect condition, in its original packaging. Goods which do not reach the Vendor in this condition, or which are incomplete, damaged or spoiled, or which have been unpacked, will not be reimbursed and will remain at the disposal of the Customer, who will be responsible for collecting them from the Vendor’s head office.
The customer may be held liable to the Vendor if the returned Product is damaged and this depreciation is the result of handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
In the event of retraction, the Vendor will reimburse any payments made by the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen a delivery method other than the less expensive standard delivery method), within 14 days of proof of return of the product. The Vendor may, however, defer this reimbursement until receipt of the product subject to retraction at the Vendor’s head office.
Unless the Customer advises otherwise, the Vendor will make the refund using the same means of payment as the one used for the initial transaction. In any event, this refund will not incur any costs for the Customer.
In the case of products belonging to the hygiene and beauty care product range, in accordance with the exception provided for in Article VI.53 of the French Code of Economic Law, the Customer may not exercise his right of withdrawal as these are “the supply of sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the Customer after delivery “.
Consequently, the Customer waives his right of withdrawal for any product purchased from the Seller’s cosmetics range.
Any retraction not carried out in accordance with the rules and deadlines defined in the present article will not be taken into account and will release the Vendor from any liability towards the Customer.
A retraction form can be found in appendix 1 of these general terms and conditions of sale.
Article 9. Liability for defective products.
The law relating to product liability of FEBRUARY 5, 1991 is applicable.
A Product is defective when it does not offer the safety that can legitimately be expected given all the circumstances and in particular :
- product presentation;
- normal or reasonably foreseeable use of the Product;
- from the time the Product was put into circulation.
A Product cannot be considered defective simply because a more advanced Product has subsequently been put into circulation.
The burden of proof for the defect, the damage and the causal link between the defect and the damage lies with the Customer.
The Seller is not responsible if :
- in view of the circumstances, it must be assumed that the defect which caused the damage did not exist at the time the Product was delivered to the Customer;
- the defect is due to the Product’s compliance with mandatory regulations issued by public authorities;
- the state of scientific and technical knowledge at the time the Product was put on sale did not allow the Seller to detect the existence of the defect;
- if the damage has been caused jointly by a defect in the Product and by the fault of the Customer or by the fault of a person for whom the Customer is responsible.
The compensation available under this provision covers damage to persons, including moral damage.
Damage to goods will only give rise to compensation if it concerns goods intended and used mainly for the Customer’s private use or consumption.
Damage to the defective product itself is not eligible for compensation.
Compensation for damage to property is only payable after deduction of a €500 deductible.
Article 10. Product return
10.1 In the event of a delivery error, refusal on delivery, description error, damaged package on receipt :
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 Customer has chosen a delivery method other than the less expensive standard delivery method).
10.2 When exercising the right of withdrawal :
The Seller will reimburse the price of the product(s) and the initial shipping costs (with the exception of additional costs arising from the fact that the Customer has chosen a shipping method other than the less expensive standard shipping method).
The Seller shall also bear the costs of return/shipping (with the exception of additional costs arising from the fact that the Customer has chosen a delivery method other than the less expensive standard delivery method).
Article 11. 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 Customer.
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. Services already performed by the Vendor will nevertheless be invoiced proportionally to the Customer.
Article 12. Intellectual property
All content on the Platform and content published by the Seller on related sites, social networks or any other means of communication is protected by Belgian and international legislation on copyright and intellectual property. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations. Any use, even partial, of these contents or of the Platform requires the express written authorization of the Seller.
“O’Naturalis” is a trademark registered with the Benelux Office for Intellectual Property (BOIP) under number 1022623.
13. 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 rights of the purchaser/consumer.
14. 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.
15. Data protection
Personal data collected in connection with the services 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 Customer, 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 Vendor and its subcontractors.
For any further information, the customer is invited to refer to the Vendor’s data protection policy, which can be consulted on the Platform or obtained on request by e-mail, telephone or letter to the Vendor’s head office.