1.1. Unless expressly agreed otherwise in writing, these Online Terms and Conditions of Sale (hereinafter referred to as the “Terms of Sale” or “Terms”) apply to and form an integral part of all online offers, orders and sales agreements made via the websites, mobile applications, web shops, software and other online products and services of Anisana (the “Online Services”) are made or created to the exclusion of the customer's own general or specific (purchase) conditions.
1.2. Anisana reserves the right to change these terms and conditions at any time. All changes will be published online. By continuing to use the Online Services after the amended terms are posted online, you will be deemed to have tacitly agreed to the amended terms.
2.1. The presentation of products and services via the Online Services is only a non-binding invitation to order products or services from Anisana. By placing your order you are making a binding offer to conclude a purchase agreement. Anisana will only be bound and the sales agreement will only be concluded after your order has been confirmed and accepted in writing by Anisana. Anisana reserves the right to accept or reject an order.
2.2. By placing an order via the Online Services, you expressly agree to the terms and conditions of sale as published by Anisana at the time of placing your order and, with regard to the web shop, to the terms and conditions of sale of any third parties with which Anisana cooperates. You are solely responsible for reading the applicable terms of sale before placing your order.
2.3. After you have placed your order and it has been confirmed by Anisana, you will receive an invitation to pay the price of your order.
2.4. After Anisana has received your payment, your order will be completed and delivered on the delivery method chosen by you, of which any additional costs for delivery will be communicated to you in advance.
2.5. If after placing your order you discover that you have made a mistake with your order, please contact email@example.com immediately by e-mail.
3.1. Our invoices are payable in cash at our registered office, without discount, unless stated otherwise on the invoice. No deductions or set-offs may be made on the invoiced amounts.
3.2. In the event of full or partial non-payment of an invoice on the due date, an interest of 1.5% per month will be due by operation of law and without any notice of default. Each month started will be billed as a full month. In the event of full or partial non-payment of the invoice on the due date, an amount of 15% of the outstanding invoice amount, with a minimum of 50 percent, will be charged by operation of law and without any notice of default by title of fixed compensation and without prejudice to conventional interest. 00 euros, without prejudice to the possible costs of the assistance of a lawyer.
3.3. Anisana expressly reserves the title to the delivered products until full payment of the price, interest and costs. Until then, the customer cannot dispose of the goods or dispose of them in any way and/or make changes to them. In the event of late payment, we will be entitled to collect the goods back from the customer at the customer's risk and expense, without the need for judicial intervention. Without prejudice to the retention of title, all risks with regard to the delivered goods already pass to the customer at the time of delivery.
4.1. Upon receipt of your payment, we are obliged to deliver the products you ordered to you, except where applicable laws and regulations would oblige us to refuse or cancel your order or prohibit us from delivering the products you ordered to you. .
4.2. We do our best to deliver the products to the delivery address you specified with your order within the estimated delivery time indicated by us at the time of order. However, the stated delivery time is not binding and Anisana cannot be held liable in any way for any loss, damage, expenses or expenses resulting from a late delivery.
4.3. You agree to check the products for defects, shortcomings or visible damage at the time of delivery and in any case before proceeding to sign the receipt which you may be asked to sign. You must keep proof of receipt of the delivered product for any future disputes in this regard.
4.4. Please note that it may be impossible for us to deliver to certain locations. If that is the case, we will inform you using the contact details you provide to us when placing your order. We will take the necessary steps to cancel your order free of charge or arrange for delivery to an alternative address. We only deliver in Belgium. We deliver in our standard packaging. We reserve the right to decide whether or not to comply with special packaging requirements that you make known and to pass on the associated additional costs to you.
4.5. All risks associated with the product will pass to you at the time of delivery, except where delivery has to be delayed due to a breach of your obligations, in which case the risk will pass to you on the date delivery would have occurred if you had not breached your obligations. Once the risk has passed to you, Anisana disclaims all liability in the event of loss, destruction or other damage to the product. Care should be taken when opening the product so as not to damage it, especially when using sharp objects.
4.6. You undertake to receive the product in an appropriate manner on the date and time reasonably communicated to you by Anisana. If you are unable to receive or collect the ordered product on the agreed date and time, we can leave you a notice containing instructions about a second delivery attempt or collection from the transport company. If delivery or collection is delayed by your unreasonable refusal to accept delivery or if you do not accept delivery or collection from the carrier, we may (without prejudice to any other right or remedy at our disposal) take both of the following steps: (i) charge you fair storage fees and other reasonable costs incurred by us; or (ii) make the product unavailable for delivery or collection and notify you that we will immediately cancel the relevant agreement. In such event, we will refund to you or your financial institution any amount already paid by you to us under the relevant agreement, subject to reasonable administration costs incurred by us (including the cost of attempted delivery and subsequent return of the product, as well as all other storage costs) are deducted.
4.7. It is your responsibility to ensure that the products meet and meet your needs and personal wishes. We do not guarantee in any way that the products will meet your personal requirements or will be suitable for any particular use or purpose. You expressly acknowledge that the products are standard and not custom-made to meet your individual, personal needs.
5. Cancellation and dissolution
5.1. Anisana reserves the right to cancel an order and terminate an agreement if the product is not available for any reason or if the applicable laws and regulations, such as for example in the context of the security of football matches, authorize us to do so or obliged. In that case, we will contact you immediately and refund any amount you have already paid within 30 days of notification of cancellation of your order. We will refund any funds transferred by you using the same payment method you used to pay for the product.
6. Right of withdrawal
6.1. Subject to specific provisions and to the exceptions set out below, you as a consumer have the right to notify Anisana in writing that you are waiving any purchase you have made through the Online Services, without payment of a fine and without specifying a motive, within fourteen calendar days from the day following the delivery of the good or - if you have concluded a service agreement - within fourteen calendar days from the day following the conclusion of the service agreement.
6.2. You can use the withdrawal form, if applicable, which is included with the delivery of the purchase, or you can provide another unambiguous statement for this purpose in which you declare that you are withdrawing from the agreement, or you can use the “ model withdrawal form” for this. that you can find on the website of the FPS Economy. Once you are in possession of the product, you are obliged to keep it and take proper care of it. The product must be returned to us in its original condition.
6.3. However, you cannot exercise a right of withdrawal for:
- the supply of products made to your specifications (personalized and/or custom designed items) or products that are clearly intended for a specific person;
- the supply of goods that spoil quickly or with a limited shelf life;
- the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- the delivery of goods that are irrevocably mixed with other products after delivery by their nature.
You acknowledge that you lose your right of withdrawal in the above cases.
6.4. If you or we have validly canceled or revoked the order, we will refund any payment already made to us by you or your financial institution for the order of the product as soon as possible, and in any event within 30 days of your cancellation or revocation. In the event that a product was obtained with a gift voucher or discount coupons, we reserve the right to refund all amounts following your withdrawal upon return of the products by crediting your account with the amount of your order.
7. Defective Products
7.1. We warrant that the product will be delivered undamaged and in the quantities ordered and that the product will comply with the latest instructions published by the manufacturer, as stated on the Online Services or in our description of the product at the time of your order.
7.2. The product is only intended for use in accordance with the instructions, as stated on our Online Services or in our description of the product as such. It is your responsibility to ensure that you use the products only in accordance with these instructions.
7.3. We do our utmost to deliver the products in perfect condition. However, if you notify us that the products are defective, you agree to keep the products in their current condition so that we can inspect them within a reasonable time. In order to provide you with a solution for a defective product, we may require your assistance and prompt communication of certain information regarding the product. If you require us to repair, replace or refund the product if the product does not comply, and we find that the product has (i) been misused, abused, neglected, improperly or improperly cared for, ill-maintained, damaged or abnormally used, or ( ii) was involved in an accident or was damaged by an incorrect attempt to alter or repair it; or (iii) was used contrary to our instructions for the product or those of the manufacturer; or (iv) has been damaged by normal wear and tear, after delivery by us, we may, in our sole discretion, decide not to repair, replace or refund the product and/or may require you to pay all reasonable transportation and service charges based on our current standard rates and we can charge this using the payment details you provided us with when placing your order. To the fullest extent permitted by law, we shall not be liable for any loss, liability, cost, value, expense or expense arising therefrom.
8. Use of gift vouchers and discount coupons
8.1. We are not liable for loss, theft or illegibility of discount coupons or gift vouchers.
9. Limitation of Liability
9.1. Anisana pays great attention to the information provided via the Online Services, but can in no way guarantee the accuracy or completeness of the information. The information provided through or in relation to the Online Services is of a general nature, is not adapted to personal or specific circumstances, and can therefore not be considered as personal, professional or legal advice to the user. Anisana cannot be held liable for any damage, of whatever nature, that is the result of actions and/or decisions that are based on the information and/or use of documents referred to or that arise in any way from the use of the Online Services.
9.2. Anisana gives no guarantee whatsoever with regard to the proper functioning of the Online Services and can in no way be held liable for a malfunction or temporary (un)availability of the Online Services or for any form of damage, direct or indirect, that would arise from accessing or using the Online Services.
9.3. Under no circumstances can Anisana be held liable to anyone, direct or indirect, special or otherwise, for damage resulting from the use of the Online Services, in particular as a result of links or hyperlinks to other websites, including, without limitation , of all losses, work interruptions, damage to programs or other data on the computer system, equipment, software or other of the user.
9.4. The Online Services may contain hyperlinks to or indirectly refer to websites or pages of third parties. Placing links to these websites or pages in no way implies an implicit endorsement of their content. Anisana expressly declares that it has no control over the content or other features of these websites or pages and can in no way be held liable for their content or features or for any other form of damage resulting from their use.
9.5. Anisana undertakes to perform its obligations under these Terms of Sale with reasonable care and skill. However, there is no obligation of result on Anisana.
9.6. Regardless of the nature of the claim or claim, Anisana shall in no event be held liable for any indirect, incidental or consequential damages, including but not limited to (i) loss of business; (ii) loss of actual or foreseeable profit; (iii) loss of contracts; (iv) loss of use of money; (v) loss of expected savings; (vi) loss of activity; (vii) loss of productive time; (viii) loss of opportunity; (ix) loss of goodwill; (x) loss of reputation; or (xi) loss of, damage to or corruption of data, in each case whether such damage is foreseeable, known, foreseeable or otherwise.
9.7. Anisana's liability with regard to the Online Services is in any case always limited to either the refund of the price paid by the customer or the re-performance of the Online Services, at Anisana's discretion.
9.8. The total liability of Anisana is always limited to the amount of the price paid by the customer to Anisana for the Online Services that gave rise to the claim, with a maximum of 100.00 euros per claim.
9.9. These limitations of Anisana's liability set forth above shall apply to any liability expressly provided for in these terms as well as to any liability arising out of the invalidity or unenforceability of any other clause in these terms and conditions.
10. Warranty and Complaint Management
10.1. We will perform our obligations under these terms with care and skill. We attach great importance to the satisfaction of our customers. Complaints or disputes must be made under penalty of nullity and forfeiture within eight days after the fact or incident about which the complaint or dispute relates and this by registered letter.
11. Force majeure
11.1. Anisana shall not be liable for any failure or delay in the performance of any agreement attributable to any external cause beyond Anisana's control, including, but not limited to, any force majeure, actions of third parties (including but not limited to hackers, suppliers, government, quasi-autonomous non-governmental governments, supranational, federal, state, provincial or local authorities), riots, riots, civil unrest, war, hostilities, military operations, national disasters, terrorism, terrorist threats , piracy, arrests, coercion by any competent authority, strike and/or lockout, epidemic, fire, explosion, storm, flood, drought, extreme weather, earthquake, natural disaster, accident, mechanical failure, third party software, malfunction or problems with public utilities (including failure of electricity, telecommunications or internet), lack or inability to be supplied with material, equipment and/or transportation, regardless of the fact that the circumstances in question could be foreseen.
11.2. Both Anisana and the customer will be entitled to terminate the agreement immediately by written notice to the other party in the event that the force majeure lasts longer than 2 working days, in which case neither party will be held liable to the other party in connection with such dissolution (except for refund of a product already paid for by the customer and which has not been delivered).
11.3. When Anisana has entered into obligations to supply identical or equivalent products to several customers and is prevented by force majeure from fully fulfilling its obligations towards all parties involved, Anisana will have the right to determine autonomously which agreements will be executed to what extent.
12.1. Any notice under any contract must be in writing and may be delivered in person or addressed to the relevant party at the last known address or e-mail address with acknowledgment of receipt or registered mail with acknowledgment of receipt. Any notice by post is deemed to have been received two business days after it is posted, if the recipient's address is in Belgium. A notification by e-mail is deemed to have been received when the e-mail has demonstrably arrived on the recipient's server. It suffices as proof of this that the letter or e-mail was correctly addressed and, where appropriate, correctly franked or sent as a registered letter with acknowledgment of receipt.
13. Final Provisions
13.1. Failure or delay in exercising by you or us any right under these terms or any contract shall not be deemed a waiver of that right and shall not affect any other or subsequent event or prejudice any right or remedy in relation thereto or in any way affect or alter our or your rights under these terms or any contract.
13.2. If any clause in these terms and conditions or any agreement is or is held to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other clause in these terms and conditions, in whole or in part.
13.3. The customer is not permitted to transfer any agreement to which these terms and conditions apply or any right or obligation thereunder, in whole or in part, to a third party without the prior written consent of Anisana.
13.4. Nothing in these terms or in any agreement shall create or be construed as creating a partnership, agency or employer-employee relationship between you and us.
13.5. No person who is not a party to these Terms or to any contract may thereby acquire any rights or assert any right to any provision of these Terms, even if that person has relied upon such provision or has indicated to either party that it agrees with any provision in these terms or any contract.
15. Governing Law and Disputes
15.1. All agreements to which the present conditions apply are governed by Belgian law.
15.2. The courts of the registered office of Anisana bvba have exclusive jurisdiction for all disputes that may arise in relation to these terms and conditions or the Online Services to which they apply.