GENERAL TERMS & CONDITIONS

General Terms and Conditions of 4Gold

This page was last updated on November 2024

 

Article 1. Definitions

 

• 4Gold: Nutribam, a limited liability company under Belgian law, with registered office at Leeuwerikenlaan 5, 2390 Malle, registered with the Crossroads Bank for Enterprises under number 0674.721.904 (RPR Antwerp, Antwerp Branch);
• General Conditions: these general conditions of 4Gold;
• App: The mobile application called "4Gold DNA," owned and operated by 4Gold, which can be downloaded by users on compatible mobile devices. This application provides access to and enables users to use the Services offered by 4Gold, including managing subscriptions, using functionalities and receiving related content and updates. Use of the App is subject to the terms and conditions set forth in these Terms and Conditions and the End User License Agreement in the App.
• Services: all services provided by 4Gold, including but not limited to DNA analysis,the DNA report as well as the 4Health personalized supplements service;
• Customer: any natural or legal person purchasing one or more Product(s) or Services;
• Consumer: the consumer, a natural person acting for purposes outside his trade, business, craft or profession, who concludes an Agreement with 4Gold;
• Model 1: One of the subscriptions offered under the 4Health personalized supplements service. This subscription includes a DNA analysis, personalized supplements and a personal consultation.
• Model 2: One of the subscriptions offered under the 4Health personalized supplements service. This subscription includes personalized supplements.
• Mollie: the external specialized provider and operator of payment services and payment platforms, namely Mollie, a limited liability company under Dutch law with registered office at Keizersgracht 126, 1015 CW Amsterdam, the Netherlands, and affiliated with Stichting Mollie Payments;
• Agreement: the distance contract concluded between 4Gold and the Customer in the context of distance selling of the Products and/or Services;
• Personal Data: the Customer's name, first name, delivery address, account number for refunds by 4Gold, billing address, phone number and email address as entered by the Customer on the Website when ordering the Products or Services, as well as any medical and health data entered by the Customer in the App whether or not through a connection to a wearable device;
• Privacy Policy: the privacy policy of 4Gold as available on the Website;
• Products: all products offered by 4Gold on the Webshop;
• Webshop: the webshop of 4Gold on the Website concerning the sale of the Products and Services;
• Website: the website of 4Gold https://www.4gold.eu.

 

Article 2. General

 

Without prejudice to the application of any special conditions or separate agreement, these General Terms and Conditions shall apply to every offer and every Agreement concluded between 4Gold and the Customer, as well as to all Products and Services provided by 4Gold. The General Terms and Conditions will be communicated to the Customer before the Customer has to confirm an order on the Webshop

The legal relationship between the Customer and 4Gold and everything related to it is exclusively subject to the following standards: (in hierarchically descending order, the following in the absence or silence of the previous one) (1) the written and signed special agreement; (2) the electronic order confirmation; (3) these General Terms and Conditions; (4) Belgian law.

 

These Terms and Conditions cover both the purchases you make through the Website, and the 4Health personalized supplements service through the App.

 

These General Terms and Conditions do not affect the legal rights imperatively granted to the Customer under applicable national consumer protection laws.

 

The possible invalidity of one of the provisions of these General Terms and Conditions or part of a provision does not affect the applicability of the remaining provisions and/or the rest of the provision. The invalid or non-binding parts are automatically reduced to what is legally permissible, taking into account the content and scope of the Agreement.

 

Article 3. Ordering

 

4Gold's offer on the Web Shop contains as complete and accurate a description as possible of the Products and Services offered. However, 4Gold is not responsible for material errors in this description and cannot be held to fulfill any condition should it be a result of a material error.

The Agreement comes into effect after the Customer has ordered the Products or Services via the Webshop or App, 4Gold has confirmed the availability of the Product or Service and accepted the means of payment.

4Gold confirms receipt of the order electronically via an order confirmation that includes an order number. Only after 4Gold's acceptance of the order does a right to delivery of the ordered Products or Services arise.

 

Article 4. Prices and payment

 

Unless otherwise stated, all prices on the Webshop are in euros, including VAT and excluding shipping costs or any special additional costs, such as taxes. Shipping costs are expressly stated separately by 4Gold.

The Client will always be able to learn the total price (including taxes and fees, if applicable) of the order before placing the order on the Webshop.

4Gold is entitled at any time to adjust the prices for the Products and Services by changing the prices on the Website provided that such price changes are based on objective factors.

Any order for Products or Services through the Webshop may be paid using the payment methods listed on the Website. Online orders via the Website must be paid immediately by the Customer. For payment purposes, the Customer may only use the means of payment agreed upon when ordering and specified on the Website. The Customer confirms and acknowledges that providers of such means of payment may apply separate terms and conditions.

For online payments, 4Gold uses third-party payment administrators such as Mollie and Shopify Payments. The Customer's financial data entered as part of an online payment ("Payment Data") are exchanged exclusively between Mollie and the relevant financial institutions. Any processing of Personal and/or Payment Data by Mollie is done in accordance with Mollie's privacy policy. Online payments are made using secure protocols and appropriate technical and organizational (security) measures. All online payments are subject to the terms and conditions of the external payment operators, who are solely responsible for the correct execution of all online payments.

The Customer acknowledges that (temporary) discount codes cannot be combined with other discounts, promotions or other actions.

 

Article 5. Delivery and delivery time

 

4Gold will deliver the Products and Services to the address provided by the Customer when placing the order through the Webshop.

If Products are available from stock, they will be shipped within a reasonable time after ordering. The Customer will receive an order confirmation by email as well as an email from the logistics partner with which 4Gold cooperates for the delivery of the Products.

Unless otherwise agreed, 4Gold shall deliver the ordered Products no later than thirty (30) days after the conclusion of the Agreement. If the delivery of the Products is delayed, 4Gold will notify the Customer in a timely manner. However, 4Gold cannot be held to any liability or compensation for damages if the delivery of the Products is delayed due to a cause beyond the will or knowledge of 4Gold or if the delay is due to the logistics partner.

 

Article 6. Special provision for the Services

 

The Services offered by 4Gold are informational and indicative in nature only. The Client acknowledges and accepts that the Services offered by 4Gold cannot be used to diagnose, treat, cure or prevent any disease or health condition. The Services offered by 4Gold are not intended to replace any medical expertise or professional medical advice for complaints or for their prevention.

The Client is advised to promptly present medical questions, complaints or symptoms to a physician or other professional in order to receive professional examination, diagnostics and possibly medical care. 4Gold also advises never to delay timely seeking professional care or to disregard medical advice already obtained based on the information provided by 4Gold.

The Customer acknowledges and accepts that the Services and Products offered cannot in any way be equated with a clinical analysis. The DNA sample provided by the Customer will only be analyzed to a limited extent, which the Customer accepts upon conclusion of the Agreement.

Moreover, the Customer acknowledges and accepts that the DNA analysis is not performed by 4Gold itself, but by a partner of 4Gold and that 4Gold is in no way acting as a medical expert or professional.

4Gold strongly recommends discussing the results of the DNA test with a qualified expert, such as a genetics expert, physician or other specialist.

DNA analysis is by no means conclusive. Moreover, Customer acknowledges that a large portion of the DNA results reported by 4Gold have not been clinically validated, nor is the technology used for that purpose widely used to conduct clinical testing.

Due to evolutions and changes in research, science and technology, 4Gold is constantly innovating to provide its customers with the most enjoyable experience. Therefore, Customer acknowledges and accepts that the form and origin of 4Gold's Products and/or Services may change from time to time without prior notice to Customer, without changing the essence of the Services. Furthermore, the Customer acknowledges that 4Gold may in the future offer other or additional technologies or functions to collect and/or interpret DNA and that the initial purchase of the Services does not entitle the Customer to other or additional functions for the interpretation of his/her genetic information

The Customer acknowledges that 4Gold cannot provide a correct or sufficiently accurate DNA analysis if the Customer has not carefully followed the instructions regarding the DNA kit (e.g. cross-contamination of the cheek mucosa). In this case, the Customer cannot hold 4Gold liable nor obtain a new DNA kit from 4Gold free of charge.

 

Article 7. Special provisions for the Services regarding 4Health DNA analysis and the DNA results

 

The cost of returning the DNA kit is not included in the purchase price. The return shipment will be made through an external service provider. The associated costs for return shipping are entirely the responsibility of the Customer. These costs are charged separately and are not subject to any free shipping promotions or discounts.

Delivery times for the DNA report may vary from the standard delivery time. 4Gold aims to deliver the report within a period of three (3) to four (4) weeks after receipt of the DNA kit. However, the Customer acknowledges and accepts that this deadline is only indicative and that 4Gold cannot be held liable if the delivery of the DNA report does not correspond to the initially proposed deadline.

 

There are two subscriptions available for the 4Health personalized supplements services , Model 1 and Model 2 (as defined in Article 1), both of which can be cancelled monthly. Both subscriptions are settled monthly via a fixed payment. If the Customer does not already have a DNA analysis, the subscription will always start under Model 1, as the DNA kit is included in this Model 1 and will be settled during the first twelve (12) months of the subscription. The Customer is bound by this Model 1 during the first twelve (12) months of using the supplements. If the Customer cancels Model 1 before the twelve (12) month period has expired, the remaining cost of the DNA analysis will be charged. This remaining cost is calculated as follows: the total cost of the DNA kit less the cost of the DNA kit already paid. Once the Customer sends the cancellation request to 4Gold, 4Gold will send a payment request. The subscription will be cancelled only after this remaining amount has been paid by the Customer.  

 

If the Customer already has DNA analysis or the twelve (12) months of Model 1 have expired, subscription Model 2 will apply.

 

Both subscriptions require the use of the App to access and make full use of the Services. Without the App, the Services cannot be fully utilized.

 

Article 8. Right of withdrawal Webshop

 

The Customer acting in the capacity of Consumer has the right to revoke the Agreement within a period of fourteen (14) days without giving reasons. This period starts for the Products from the day on which the Products are physically taken possession of.

With respect to the Services, the Consumer also has the right to revoke the Agreement. However, the Consumer acknowledges that this right ceases to exist after the expiration of a period of fourteen (14) days after the Consumer has received the DNA kit or when the Consumer returns the used DNA kit to 4Gold for the purpose of processing his/her DNA, even if such return takes place before the expiration of the fourteen (14) day withdrawal period. By returning the used DNA kit, the Consumer is deemed to request 4Gold to perform the Agreement and thereby acknowledges losing his/her right of withdrawal.

The Consumer shall promptly notify 4Gold of its decision to withdraw from the Agreement by using the model withdrawal form below, which must be completed correctly and in a timely manner and delivered to 4Gold or by email to info@4gold.eu .

The Consumer must prove that the delivered Products were returned on time (no later than fourteen (14) days after the day on which he/she reported that he/she was exercising his/her right of withdrawal), e.g. through proof of postal delivery. The return of the delivered Products is entirely at the expense and risk of the Consumer. The Products must be returned in the original packaging (including accessories and accompanying documentation) and in the same condition in which the Products were delivered. For sealed Products, the seal must not be broken.

If the Products have been used, encumbered or damaged in any way by the Consumer, the right of withdrawal expires. The right of withdrawal cannot be exercised in case of full performance of the Services under the Agreement.

Subject to the provisions of the previous sentence, 4Gold shall confirm the dissolution of the Agreement upon receipt and inspection of the returned Products and shall ensure that within fourteen (14) days after receipt and inspection of the complete return shipment, the purchase amount including shipping costs will be refunded to the Consumer.

The Consumer may not exercise the right of withdrawal for products manufactured according to the Consumer's specifications or for products clearly intended for a specific person, pursuant to Article VI. 53, 3° of the Code of Economic Law.

In no case does a professional Customer have this right of withdrawal.

 

Article 9. Defects and complaints regarding Products.

 

4Gold guarantees that the Products are in accordance with the order confirmation and meet the Customer's normal expectations, taking into account the specific characteristics of the Product. The Customer will inspect the Products upon receipt in order to ensure that they are in accordance with what is stated in the order confirmation. If the Product does not conform to the requirements of the order confirmation, the Customer shall immediately notify 4Gold. Any visible defect or any visible non-conformity that the Customer could reasonably have discovered upon inspection of the Products but which the Customer did not notify upon receipt of the Products shall be deemed accepted and the Customer may not hold 4Gold liable for it at a later date.

4Gold shall be liable in accordance with the legal warranty period for hidden defects for two (2) years after delivery of the Products. If the Customer discovers a hidden defect, he shall notify 4Gold in writing no later than within two (2) months after its discovery, stating the relevant details. If the complaint is submitted late or if data are missing, 4Gold will not be obliged to deal with the complaint, but will instead be rejected. If the Customer's complaint is found to be justified, 4Gold will, at its discretion, repair or replace the Product free of charge or, if such options are not possible, refund the price of the Product.

The Customer cannot invoke the legal warranty if the defect is due to abnormal use by the Customer or if the Products have been stored carelessly.

Upon discovery of any defect, the Customer is obliged to immediately cease using the Products in question. After

commissioning, damage, encumbrance and/or resale after detection of non-conformity, the right of return lapses.

 

Article 10. Liability

 

The Customer is entirely responsible for the use it makes of the Services offered by 4Gold. 4Gold, its employees and/or appointees cannot be held liable for this.

Within the limits of what is legally permissible, 4Gold's liability shall always be limited to no more than the amount of the price paid by the Customer for such Product or Service that gives rise to damage. 4Gold shall not be liable for any indirect or consequential damages, including but not limited to property damage, property damage, third party damage, reputational damage, financial damage, loss of income, loss of profits, loss of business, cost of delay, loss of data or incidental medical expenses. .

Under no circumstances shall 4Gold be liable for any damages resulting from inaccurate information provided by the Customer to 4Gold, and the Customer shall indemnify 4Gold against any third party claims in this regard.

4Gold shall not be liable for any damages caused by failure to follow Product and usage instructions and warnings provided by 4Gold, and the Customer shall indemnify 4Gold for any third party claims in this regard.

4Gold shall not be liable for any damages whatsoever resulting from the fault, barring intent or gross negligence, of its non-management personnel, appointees or third parties with whom it cooperates in the context of the Services or the sale of Products.

 

Article 11. Dissolution 

 

4Gold is entitled to dissolve the Agreement at any time, with immediate effect, without court order, subject to prior notice of default and without payment of any damages, if the Customer defaults in the (timely and proper) fulfillment of one or more obligations under the Agreement. In case of dissolution 4Gold reserves the right to claim compensation for costs, interest and damages incurred by 4Gold as a result of such dissolution and all 4Gold's claims against the Customer shall become immediately due and payable.

The Customer has the right to terminate the Agreement free of charge, with immediate effect, without court order, subject to prior written notice of default offering a final remedy with a 14-day deadline, if 4Gold fails to fulfill its essential obligations under the Agreement.

The Customer has the right to discontinue her subscription to the 4Health personalized supplements services at any time, subject, in the case of a Model 1 subscription, to payment of the remaining amount of the DNA kit (in accordance with what is regulated in Article 7 of these General Terms and Conditions). In case of zule discontinuation, another payment will be made for each month already started.

 

Article 12. Intellectual property and privacy

 

4Gold is and shall at all times remain the exclusive owner or holder of all (ownership) rights, including all intellectual property rights, with respect to its Website and its Services and Products, including all content and any modification, improvement, alteration or derivative work thereof. In no event do the parties intend to effect any transfer of intellectual property.

"Intellectual Property Rights" means all intellectual and industrial property rights, including copyrights, patents, copyrights, database rights, design rights, trademark rights, sui generis rights and all other possible intellectual property rights including all related and neighboring rights and all other forms of similar protection, anywhere in the world, both registered and unregistered.

The Customer shall only use these Intellectual Property Rights, if necessary, to browse the Website and to order, receive and use the Services and/or Products. Under no circumstances shall the Customer copy or reverse engineer these Intellectual Property Rights and shall not use these Intellectual Property Rights for commercial purposes or for any purpose other than the purpose described above. The Customer cannot claim any Intellectual Property Right of a third party for which 4Gold has only a license.

The Customer undertakes to indemnify and hold 4Gold harmless for any damages suffered by 4Gold as a result of any infringement by the Customer of these Intellectual Property Rights.

 

In processing orders and providing the Services, 4Gold processes Personal Data. 4Gold processes this Personal Data in accordance with the Privacy Policy, which can be consulted on the Website and on the App, as well as in accordance with the General Data Protection Regulation and additional relevant legislation in that regard. For more information regarding 4Gold's processing of your Personal Data, please refer to our Privacy Policy on the Website and in the App.

 

Article 13. Force majeure and hardship

 

4Gold shall not be liable for any failure to perform its obligations caused by force majeure or hardship. 4Gold cannot be held to any delivery of Products or Services in case of force majeure or hardship (including but not limited to natural circumstances, terrorist attacks, governmental measures, strikes, epidemics and pandemics, lockout, staff shortages, breakdown of machinery and/or tools, scarcity of raw materials and/or materials, fire and delays or bankruptcies of suppliers or subcontractors).

4Gold reserves the right to suspend and/or extend the performance of the Agreement for as long as the force majeure or hardship situation continues, without being liable for any compensation. If the force majeure or hardship situation affects the delivery of the Products and/or Services, 4Gold shall inform the Customer and the parties shall negotiate in good faith to agree on a new delivery period, in accordance with the provisions of Article 5 of these General Terms and Conditions. If a force majeure situation persists for more than thirty (30) days, both the Customer and 4Gold shall be free to terminate the Agreement free of charge.

 

Article 14. Special conditions

 

4Gold reserves the right to draw up additional special conditions (for example, for the use of a gift voucher). These special conditions, if applicable, will be communicated to the Customer in good time and prior to the conclusion of the Agreement.

 

Article 15. Complaints, disputes and applicable law

 

In case of questions and/or complaints, the Customer can always email the email address provided by 4Gold on the Website. Complaints are usually handled within thirty (30) days. If this is not possible for any reason, the Customer will be notified of any delay.

All Agreements between 4Gold and the Customer are governed by Belgian law.

All disputes arising from the Agreement between 4Gold and the Customer shall be settled exclusively by the competent courts of Antwerp, Antwerp Division, Belgium.

In case of cross-border complaints or disputes related to a purchase through the Website, the Customer has the possibility to submit his/her complaint to the European Online Dispute Resolution (ODR) platform through this link: http://ec.europa.eu/odr.

 

Article 16. Amendment of General Terms and Conditions

 

4Gold reserves the right to update the Terms and Conditions to reflect changes in applicable law. The current updated version of the General Terms and Conditions is available on the Website at all times.