GENERAL TERMS & CONDITIONS
GENERAL TERMS & CONDITIONS 4GOLD
This page was last updated on 19 April 2022.
Article 1. Definitions
- 4Gold: Nutribam, a company limited by shares (besloten vennootschap), incorporated under Belgian law, having its registered office at Leeuwerikenlaan 5, 2390 Malle, registered with the Crossroads Bank for Enterprises under number 0674.721.904 (RPR Antwerpen, Antwerp Branch);
- General terms and 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 who is acting for purposes outside his trade, business, craft or profession, who concludes an Agreement with 4Gold;
- Mollie: the external specialized provider and manager of payment services and payment platforms, namely Mollie, a limited liability company incorporated 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 Client in the context of the distance sale of the Products and/or Services;
- Personal data: the surname, first name, delivery address, account number for refunds by 4Gold, billing address, telephone number and email address of the Client as entered by the Client on the Website at the time of 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 regarding 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 a separate agreement, these General Terms and Conditions apply to every offer and every Agreement concluded between 4Gold and the Client, as well as all Products and Services delivered by 4Gold. The General Terms and Conditions will be notified to the Client before the Client is required to confirm an order on the Webshop. The Client acknowledges to have taken prior notice of these General Terms and Conditions and to accept them.
Article 3. Order
The offer of 4Gold on the Webshop contains as complete and accurate as possible a description of the offered Products and Services. However, 4Gold is not responsible for material errors in this description.
The Agreement is concluded after the Client has ordered the Products or Services via the Webshop, 4Gold has confirmed the availability of the Product or Service and has accepted the means of payment.
4Gold will confirm the receipt of the order electronically via an order confirmation that contains an order number. Only after acceptance of the order by 4Gold, a right to delivery of the ordered Products or Services will arise.
Article 4. Prices and payment
Unless stated otherwise, all prices on the Webshop are in euros, including VAT and excluding shipping costs. These shipping costs are mentioned by 4Gold separately.
The Customer will always be able to take note of the total price (including taxes and costs, if applicable) of the order prior to placing the order on the Webshop.
4Gold is entitled at all times to adjust the prices for the Products and Services by changing the prices on the Website.
Any order for Products or Services through the Webshop may be paid for using the payment methods listed on the Website. Online orders via the Website must be paid for immediately by the Customer. For payment, the Customer may only use the means of payment agreed upon at the time of the order and indicated on the Website. The Customer confirms and acknowledges that providers of such means of payment may provide separate terms and conditions.
For the 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 only exchanged between Mollie and the financial institutions concerned. 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 general terms and conditions of Mollie, which bears sole responsibility for the correct execution of all online payments.
The Customer acknowledges that (temporary) discount codes are not cumulative with other discounts, promotions or other promotions.
Article 5. Delivery and delivery period
4Gold shall deliver the Products and Services to the address indicated by the Client when placing the order via the Webshop.
If Products are available from stock, they will be shipped immediately after ordering, subject to full payment of the price. The Customer will receive an order confirmation by e-mail. 4Gold cooperates with a logistics partner for the shipment of the Products. The Client will receive an e-mail from the logistics partner as soon as the Products have been dispatched. This confirmation will also include a tracking number allowing the Client to track his/her order.
Unless otherwise agreed, 4Gold will deliver the ordered Products no later than thirty (30) days after the conclusion of the Agreement. If the delivery of the Products is subject to any delay, 4Gold will inform the Client in a timely manner and an additional delivery period, which is reasonable and appropriate in view of the circumstances, will be agreed upon. If 4Gold fails to deliver the Products within this additional delivery period, the Client may terminate the Agreement without judicial authorisation and without payment of any damages, subject to a prior formal notice of default.
Regarding the delivery of the DNA report, 4Gold will deliver it to the Client within the term specified by 4Gold when placing the order.
Article 6. Special provision for Services
4Gold offers DNA analysis on its Website. The Client acknowledges that it is not intended to diagnose or treat an illness or health condition and is not intended as a substitute for professional medical advice. The Client should consult his/her physician before making a suggestion in this DNA tool or Website. 4Gold strongly recommends to discuss the results of the DNA analysis with a qualified expert, such as a genetic counsellor, physician or other specialist/carer.
However, the DNA analysis is by no means conclusive. In addition, the Client acknowledges that a large amount of the DNA results reported by 4Gold have neither been clinically validated nor the technology used to do so is widely used to conduct clinical testing.
Due to evolutions and changes in research, science and technology, 4Gold is constantly innovating to deliver the most enjoyable experience to its customers. Therefore, the Client 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 the Client. In addition, the Client acknowledges that 4Gold may in the future offer different or additional technologies or features in order to collect and/or interpret the DNA and that the initial purchase of the Services does not entitle the Client to any different or additional features for the interpretation of his/her genetic information.
The Client acknowledges that 4Gold cannot provide a correct or sufficiently accurate DNA analysis if the Client has not carefully followed the instructions regarding the DNA kit (e.g. cross-contamination of the cheek mucosa). In such case, the Client shall not be able to 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 a reason. This period shall commence in respect of the Products from the day on which the Products were taken into physical possession.
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 with a view to processing his/her DNA, provided that this return takes place before the expiry of the revocation period of fourteen (14) days. By returning the used DNA kit, the Client is deemed to request 4Gold to execute the Agreement and acknowledges that he/she thereby loses his/her right of withdrawal.
The Client shall immediately inform 4Gold of its decision to revoke the Agreement using the model revocation form provided below.
The Customer must prove that the delivered Products have been returned on time (no later than fourteen (14) days after the day on which he/she has notified that he/she exercises his/her right of withdrawal), for example by means of proof of postal delivery. Returning the delivered Products is entirely at the expense and risk of the Customer. The Products must be returned in their original packaging (including accessories and accompanying 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 the event 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 proper receipt of the complete return, the purchase amount including shipping costs will be refunded to the Client.
[Link to model form revocation right]
Article 8. Defects and complaints regarding Products
4Gold warrants that the Products are in accordance with the order confirmation and meet the normal expectation of the Client taking into account the specific features of the Product. The Client undertakes to accept the delivered Products upon delivery and to examine whether they are in accordance with what has been determined in the order confirmation.
If the Products purchased do not conform to the legal warranty described above, Customer may rely on the legal warranty for Products for a period of two (2) years from delivery of the Products. During this period and in accordance with the legal terms and conditions, 4Gold will provide a free replacement or repair of the defective Products covered by the legal warranty. If replacement or repair is not (or no longer) possible or useful, the Client will be entitled to a refund of the price of the missing or defective Products.
The Customer cannot invoke the legal guarantee if the defect is due to abnormal use by the Customer or if the Products have been stored carelessly.
Complaints regarding non-conformity of delivery and visible defects must be made within two (2) months after the discovery of the non-conformity or defect by e-mail stating the relevant data, failing which 4Gold may consider any complaint inadmissible. After the detection of any defect, the Client is obliged to immediately stop the use of the Products concerned.
Commissioning, damage, encumbrance and / or resale after determination of lack of conformity, the right to return completely null and void.
Article 9. Liability
The liability of 4Gold is always limited to a maximum of the value of the Agreement, or (at 4Gold’s option) to the maximum amount effectively paid out in the relevant case by 4Gold’s liability insurance. The liability of 4Gold is excluded for indirect or consequential damages.
4Gold is in no event liable for any damages as a result of incorrect information provided by the Client to 4Gold and the Client indemnifies 4Gold against any claims by third parties in this respect.
4Gold is not liable for any damage caused by not following Product and user instructions and warnings provided by 4Gold and the Client indemnifies 4Gold against any claims of third parties in this respect.
4Gold is not liable for any damage whatsoever arising from the fault, with the exception of intent or gross negligence, on the part of its non-managerial staff or appointees.
Article 10. Dissolution
4Gold has the right to dissolve the Agreement at any time, with immediate effect, without judicial authorisation, subject to prior formal notice of default and without payment of any damages, if the Client fails to (timely and properly) fulfill one or more obligations under the Agreement. In the event 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 claims of 4Gold against the Client shall become immediately due and payable.
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, with respect to this Website and its Services and Products, including all content and any modification, improvement, modification or derivative work thereof.
Intellectual property rights means all intellectual and industrial property rights, including copyright, 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 non-registered.
The Customer shall only use these (intellectual) (property) rights, if required, to browse the Website and to order, receive and use the Services and/or Products. The Customer shall under no circumstances 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 Client undertakes to indemnify and hold harmless 4Gold for all damage or loss suffered by 4Gold due to a breach by the Client of these (intellectual) (property) rights.
When processing orders, 4Gold processes the Personal Data. 4Gold processes these Personal Data in accordance with the Privacy Policy that can be consulted on the Website.
Article 12. Force majeure
4Gold is not responsible for 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, lock-out, shortage of personnel, breakdown of machinery and/or tools, scarcity of raw materials and/or materials, fire and delays in or bankruptcy of suppliers or subcontractors).
4Gold reserves the right to suspend and/or extend the term of execution of the Agreement for as long as the situation of force majeure lasts, without being liable to pay any compensation. If the situation of force majeure affects the delivery of the Products and/or Services, 4Gold will inform the Client of this impact and agree on a new delivery term, in accordance with the provisions of article 5 of these General Terms and Conditions.
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 will be communicated to the Client in a timely manner and at the latest at the time of the conclusion of the Agreement, if applicable.
Article 14. Complaints, disputes and applicable law
In case of questions and/or complaints, the Client can always email the email address provided by 4Gold on the Website. Complaints will usually be dealt with within thirty (30) days. If this is not possible for any reason, the Client will be notified of any delay.
All Agreements between 4Gold and the Client are governed by Belgian law.
All disputes arising from the Agreement between 4Gold and the Client shall be settled exclusively by the courts of Antwerp, Antwerp Division, Belgium.
In the event of cross-border complaints or disputes concerning a purchase 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. Modification of General Terms and Conditions
4Gold reserves the right to amend the General Terms and Conditions to reflect changes in applicable law. The current updated version of the General Terms and Conditions is available at all times on the Website.