GENERAL TERMS & CONDITIONS
General terms and conditions 4Gold
This page was last updated on 31 March 2023
Article 1. Definitions
- 4Gold: Nutribam, a limited liability company under Belgian law, with its 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 terms and conditions of sale of 4Gold;
- Services: all services provided by 4Gold, including but not limited to DNA analysis and the DNA report;
- Client: the consumer, a natural person acting for purposes outside his trade, business, craft or profession, who concludes an Agreement with 4Gold;
- Mollie: the external specialised 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, telephone number and e-mail address as entered by the Customer on the Website when ordering the Products or Services;
- 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 apply to every offer and every Agreement concluded between 4Gold and the Customer, as well as to all Products and Services supplied by 4Gold. The General Terms and Conditions shall be communicated to the Customer before the Customer is required to confirm an order on the Webshop. The Customer acknowledges having prior knowledge of these General Terms and Conditions and expressly accepting them.
Article 3. Order
4Gold's offer on the Webshop 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 fulfil any condition should it be a result of a material error.
The Agreement is concluded after the Customer has ordered the Products or Services via the Webshop, 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 contains an order number. Only after 4Gold's acceptance of the order, a right to delivery of the ordered Products or Services arises.
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 explicitly stated separately by 4Gold.
The Customer will always be able to find out the total price (including taxes and costs, if applicable) of the order before placing the order on the Webshop.
4Gold is at all times entitled to adjust the prices for the Products and Services by changing the prices on the Website.
Any order for Products or Services via the Webshop can 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 at the time of 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 relies on Mollie and Shopify Payments. The Customer's financial data entered in the context 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 organisational (security) measures. All online payments are subject to the general terms and conditions of Mollie, which is 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 via 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 4Gold works with 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 shall inform 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.
With regard to the delivery of the DNA report, 4Gold will deliver it to the Customer within the period 4Gold has specified at the time of the order. However, the Customer acknowledges and accepts that this deadline is only indicative and 4Gold cannot be held liable if the delivery of the DNA report does not correspond to the initially proposed deadline.
Article 6. Special provision for the Services
The Services offered by 4Gold are purely informational in nature. The Customer acknowledges and accepts that the Services offered by 4Gold cannot be used to diagnose any disease or health condition nor do the Services replace any medical expertise or professional medical advice.
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 analysed to a limited extent, which the Customer accepts upon conclusion of the Agreement.
Furthermore, 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 DNA test results with a qualified expert, such as a genetics expert, doctor or other specialist.
DNA analysis is by no means conclusive. In addition, the Customer acknowledges that much of the DNA results reported by 4Gold have not been clinically validated, nor is the technology used to do so widely used to conduct clinical tests.
Due to evolutions and changes in research, science and technology, 4Gold constantly innovates 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. 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 any 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 swab). In this case, the Customer cannot hold 4Gold liable or obtain a new DNA kit from 4Gold free of charge.
Article 7. Right of withdrawal
The Customer 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 the Products are physically taken possession of.
With regard to the Services, the Customer also has the right to revoke the Agreement. However, the Customer acknowledges that this right ceases to exist after the expiry of a period of fourteen (14) days after the Customer has received the DNA kit or when the Customer returns the used DNA kit to 4Gold for the purpose of processing his/her DNA, even if such return takes place before the expiry of the fourteen (14) day withdrawal period. By returning the used DNA kit, the Customer is deemed to request 4Gold to perform the Agreement and thereby acknowledges losing his/her right of withdrawal.
The Customer shall promptly notify 4Gold of its decision to withdraw from the Agreement using the model withdrawal form below, which must be completed correctly and in a timely manner and delivered to 4Gold.
The Customer 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. Returning the delivered Products is entirely at the expense and risk of the Customer. The Products must be returned in the original sealed packaging (including accessories and related documentation) and in the same condition in which the Products were delivered.
If the Products have been used, encumbered or damaged in any way by the Customer, the right of withdrawal lapses. 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 confirms the dissolution of the Agreement upon receipt and inspection of the returned Products and ensures 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 Customer.
[Link to withdrawal right model form]
Article 8. Defects and complaints relating to 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 meet 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 cannot hold 4Gold liable for it at a later date.
4Gold shall be liable in accordance with the statutory 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 own 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 relevant Products. After
commissioning, damage, encumbrance and/or resale after detection of lack of conformity, the right of return lapses.
Article 9. Liability
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 relevant Product or Service that gives rise to damage. 4Gold shall not be liable for any indirect or consequential damages, including but not limited to damage to property, property damage, damage to third parties, reputational damage, financial damage, loss of income, loss of profits, loss of business, cost of delay, loss of data or incidental medical expenses. .
4Gold shall under no circumstances be liable for any damages resulting from any inaccurate information provided to 4Gold by the Customer. and the Customer shall indemnify 4Gold against any third party claims in this regard.
4Gold shall not be liable for any damage caused by failure to follow Product and usage instructions and warnings provided by 4Gold, and the Customer shall indemnify 4Gold against any third-party claims in this regard.
4Gold shall not be liable for any damage whatsoever resulting from the fault, barring intent or gross negligence, of its non-managerial staff, appointees or third parties with whom it cooperates in the context of the Services or the sale of Products.
Article 10. Dissolution
4Gold is entitled to dissolve the Agreement at any time, with immediate effect, without judicial authorisation, subject to prior notice of default and without payment of any damages, if the Customer defaults in the (timely and proper) fulfilment 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 on 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 fulfil its essential obligations under the Agreement.
Article 11. Intellectual property and privacy
4Gold is and remains at all times the exclusive owner or holder of all (ownership) rights, including all intellectual property rights, in relation to its Website and its Services and Products, including all content and any modification, improvement, amendment or derivative work thereof. Under no circumstances 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 neighbouring 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 licence.
The Customer undertakes to indemnify and hold 4Gold harmless from any damage suffered by 4Gold as a result of any infringement by the Customer of these Intellectual Property Rights.
When processing orders, 4Gold processes Personal Data. 4Gold processes these Personal Data in accordance with the Privacy Policy that can be consulted on the Website as well as in accordance with the General Data Protection Regulation and the additional relevant legislation in that context.
Article 12. Force majeure
4Gold cannot be held to any delivery of Products or Services in case of force majeure (including but not limited to natural circumstances, terrorist attacks, government 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 situation continues, without being liable for any compensation. If the force majeure 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 the force majeure situation lasts longer than thirty (30) days, both the Customer and 4Gold are free to terminate the Agreement free of charge.
Article 13. Special conditions
4Gold reserves the right to draw up additional special conditions (e.g. 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 14. Complaints, disputes and applicable law
In case of questions and/or complaints, the Customer can always e-mail the e-mail address provided by 4Gold on the Website. Complaints are usually dealt with within thirty (30) days. If this is not possible for any reason, the Customer will be informed of any delay.
All Agreements between 4Gold and the Customer shall be 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 the event of cross-border complaints or disputes relating to a purchase made via the Website, the Customer has the option of submitting his/her complaint to the European Online Dispute Resolution (ODR) platform via this link: http://ec.europa.eu/odr.
Article 15. Amendment of General Terms and Conditions
4Gold reserves the right to update the General Terms and Conditions to reflect changes in applicable legislation. The current updated version of the General Terms and Conditions is available on the Website at all times.