Terms and conditions

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or deviating provisions
Article 20 - Changes to the General Terms and Conditions

1. Definitions

Additional agreement: A additional agreement refers to an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract. These items, digital content and/or services are provided by Bionest or by a third party based on an agreement between that third party and Bionest.
Reflection period: The reflection period is the period during which the consumer has the right to exercise his right of withdrawal.
Consumer: The term "consumer" means a natural person who acts for personal purposes and not for purposes relating to his trade, business, craft or profession.
Day: By "day" we mean a calendar day.
Digital Content: Digital content refers to data produced and delivered in digital form.
Duration agreement: A performance agreement is an agreement that aims to regularly supply goods, services and/or digital content over a certain period.
Durable data carrier: A durable data carrier is a tool, such as e-mail, that allows the consumer or Bionest to store information personally addressed to him in a manner that allows future consultation or use for an appropriate period . This makes unaltered reproduction of the stored information possible.
Right of withdrawal: The right of withdrawal is the consumer's right to cancel the distance contract within the cooling-off period.
Entrepreneur: The entrepreneur, or Bionest, is the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers.
Distance contract: A distance contract concerns an agreement concluded between Bionest and the consumer through an organized system for distance selling of products, digital content and/or services. Up to and including the conclusion of the agreement, one or more techniques for distance communication are used exclusively or partly.
Model withdrawal form: The model withdrawal form, which can be found in Appendix I of these conditions, is the European model withdrawal form. It is not necessary to make Appendix I available if the consumer does not have a right of withdrawal with regard to his order.
Remote communication technology: Remote communication technology means a means by which it is possible to conclude an agreement without the consumer and Bionest having to be present in the same room at the same time.

Article 2 - Identity of Bionest

Below you will find Bionest's identification details:

Commercial name: BIONEST
Official name: CREAMY BV
Registered office: Louis Schuermanstraat 2b, 9040 Ghent, Belgium
E-mail address: info@bionest.be
VAT number: BE0753688515

Article 3 - Applicability

These general terms and conditions apply to every offer that Bionest makes and to every distance contract concluded between Bionest and the consumer. Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably feasible, Bionest will indicate, prior to concluding the distance contract, how the general terms and conditions can be viewed at Bionest, and that they will be provided free of charge as soon as possible at the request of the consumer.
In the event that the distance contract is concluded electronically, notwithstanding the previous paragraph and before concluding the distance contract, the text of these general terms and conditions can be provided to the consumer electronically in a manner that the consumer can easily save. on a durable data carrier. If this is not reasonably possible, before concluding the distance contract it will be indicated where the general terms and conditions can be consulted electronically and that they will be provided electronically or otherwise free of charge at the request of the consumer.
In situations where, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis. In the event of conflicting conditions, the consumer can always rely on the provision that is most favorable to him.

Article 4 - The offer

At Bionest, every offer is carefully put together and presented to our customers. If an offer has a limited period of validity or involves specific conditions, this will be clearly stated in the offer itself.
Our offers include a detailed and accurate description of the products, digital content and/or services we offer. This description is detailed enough so that you as a consumer can make a good assessment of what we offer. When we use images, we aim to ensure that they are a true representation of the products, services and/or digital content we offer. It is important to note that obvious mistakes or errors in the offer do not oblige the entrepreneur to fulfill it.
Every offer we present contains information that makes it clear to the consumer what the rights and obligations are associated with accepting the offer. We strive for complete transparency, so that our customers are well informed before making a decision.

Article 5 - Conclusion of the agreement

With Bionest, the agreement is concluded when the consumer accepts the offer and meets the conditions set, taking into account what is stated in paragraph 4.
If the consumer accepts the offer electronically, Bionest will immediately confirm receipt of this acceptance by the same means. As long as receipt of this acceptance has not been confirmed by Bionest, the consumer retains the right to terminate the agreement.
For agreements concluded electronically, Bionest takes appropriate technical and organizational measures to secure the electronic data transfer and ensures a secure web environment. If electronic payment is possible, appropriate security measures will be taken.
Bionest reserves the right to investigate within the legal frameworks whether the consumer can meet his payment obligations and to evaluate all relevant facts and factors that are important for entering into the distance contract. If, based on this investigation, Bionest has reasonable grounds not to enter into the agreement, it can refuse an order or request or impose special conditions with reasons.
When delivering the product, service or digital content to the consumer, Bionest will provide the following information, in writing or in a manner that can be stored accessible by the consumer on a durable data carrier:
- The address of the Bionest branch where consumers can go with complaints.
- The conditions and procedure for exercising the right of withdrawal, or a clear statement if the right of withdrawal does not apply.
  Information about warranties and after-sales service.
- The price, including taxes, of the product, service or digital content, and if applicable, the costs of delivery, and the method of payment, delivery or performance of the distance contract.
The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
If the consumer has a right of withdrawal, the model withdrawal form will be provided.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - The right of withdrawal

At Bionest we understand the importance of your satisfaction. That is why we offer you the option to terminate an agreement regarding the purchase of a product or service within a cooling-off period of at least 14 days without giving reasons. We may ask you the reason for withdrawal, but we will not oblige you to state your reasons.
For products, the reflection period starts on the day after you, or a third party designated by you who is not the carrier, has received the product. If you have ordered multiple products in the same order, the cooling-off period starts on the day on which you, or a third party designated by you, received the last product. In the case of products that are delivered in different shipments or parts, the reflection period starts on the day on which you, or a third party designated by you, receive the last shipment or part. For agreements for regular delivery of products during a certain period, the cooling-off period starts on the day on which you, or a third party designated by you, receive the first product.
For services and digital content that are not delivered on a tangible medium, the cooling-off period starts on the day after the conclusion of the agreement. You have the right to terminate these agreements within the stated cooling-off period without giving reasons.
In cases where the entrepreneur has not informed you about the right of withdrawal or the model withdrawal form, the reflection period will be extended. If the entrepreneur provides this information within twelve months after the end of the original cooling-off period, the cooling-off period will expire 14 days after the day on which you received this information.

Article 7 - Obligations of the customer during the cooling-off period

At Bionest we value your satisfaction and expect you to handle the product and packaging with care during the cooling-off period. You may unpack the product to the extent necessary to determine its nature, characteristics and operation. The basic principle here is that you treat the product as you would in a physical store, where you can handle and inspect the product.
As a customer, you are only liable for any depreciation of the product if this depreciation is the result of use of the product that goes beyond what is permitted in paragraph 1.
If Bionest has not provided you with all legally required information about the right of withdrawal before or at the conclusion of the agreement, you as a customer are not liable for any reduction in value of the product. We want to ensure that you are fully informed about your rights and obligations.

Article 8 - Exercise of the right of withdrawal by the customer and costs

At Bionest you can easily exercise your right of withdrawal. If you decide to exercise this right, you must inform Bionest within the cooling-off period. This can be done by means of the model withdrawal form or in another clear and unambiguous manner.
You then have 14 days, from the day following your notification, to return the product or hand it over to Bionest or an authorized representative of Bionest. If Bionest has offered to collect the product yourself, you do not have to return the product. However, you have in any case complied with the return period if you return the product before the cooling-off period has expired.
When you return the product, you must do so with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Bionest.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with you as a customer. You bear the direct costs of returning the product. If Bionest has indicated that you will bear the costs yourself, you do not have to bear the costs for returning.

Article 9 - Bionest's obligations upon withdrawal

At Bionest we strive for a smooth handling of revocations. If Bionest makes it possible to report the revocation electronically, we will send a confirmation of receipt immediately after receiving your notification.
Bionest will refund all payments made by you without delay and at the latest within 14 days after the day on which you notified the cancellation. Unless you agree to another refund method, Bionest will use the same payment method you used. This refund is free of charge for you.
If Bionest indicates that it will bear the costs of return and if you have chosen a more expensive delivery method than the cheapest standard delivery, Bionest does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

At Bionest, certain products and services can be excluded from the right of withdrawal, but only if this is clearly stated in the offer or in a timely manner before concluding the agreement. This includes:
Products or services whose price depends on financial market fluctuations that are beyond Bionest's influence and that may occur within the withdrawal period.
Agreements concluded during public auctions.
Fully executed service contracts if the performance has begun with your express prior consent and you have declared that you will lose your right of withdrawal once the contract has been fully executed.
Package travel, passenger transport and accommodation service contracts with a specific date or period of performance.
Agreements relating to leisure activities with a specific date or period of execution.
Products manufactured to customer specifications or products that are clearly intended for a specific person.
Perishable products or products with a limited shelf life.
Sealed products where the seal has been broken for health protection or hygiene reasons.
Products that are irreversibly mixed with other products after delivery.
Alcoholic drinks whose price has been agreed upon at the conclusion of the agreement, but delivery can only take place after 30 days.
Sealed audio, video recordings and computer software of which the seal has been broken after delivery.
Newspapers, periodicals or magazines, except subscriptions thereto.
Delivery of digital content if, prior to delivery, you have not expressly agreed to commencement of performance before the end of the cooling-off period, unless you have acknowledged that you lose your right of withdrawal when granting your consent, or if Bionest has failed to make this statement to confirm.

Article 11 - Price

At Bionest we ensure clarity and transparency regarding our prices:

During the validity period of the offer, the prices of our offered products and services will not be increased, except as a result of changes in VAT rates.
In some cases, where the prices of products or services are subject to fluctuations in the financial market and the entrepreneur has no influence on this, we can use variable prices. In these cases we will state in the offer that the prices are target prices and that they may be subject to fluctuations.
Price increases within 3 months after concluding the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases that occur 3 months after the conclusion of the agreement are only permitted if the entrepreneur has made agreements about this with the consumer and if:
- These increases are the result of legal regulations or provisions; or
- The consumer has the right to terminate the agreement on the day on which the price increase takes effect.
All prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional warranty

At Bionest, the quality of our products and services comes first:

We guarantee that our products and services comply with the agreement, with the specifications stated in the offer, with the reasonable requirements of reliability and usability, and with the applicable legal provisions and government regulations on the date of conclusion of the agreement. If this has been agreed, we also guarantee that the product is suitable for other than normal use.
Any additional guarantee provided by the entrepreneur, supplier, manufacturer or importer will never affect the legal rights and claims that the consumer has under the agreement, in the event that the entrepreneur fails to fulfill his obligations.
By additional guarantee we mean any commitment by the entrepreneur, supplier, importer or producer whereby specific rights or claims are granted to the consumer that go beyond the legal obligations when the entrepreneur fails to fulfill his obligations.

Article 13 - Delivery and execution

At Bionest, we apply the highest level of care when processing and fulfilling your orders and service requests:

The place of delivery is the address that the consumer has provided to Bionest.
We aim to process accepted orders as quickly as possible, but in any case within 30 days, unless otherwise agreed. If there is a delay in delivery or if an order cannot be fully fulfilled, the consumer will be notified within 30 days of placing the order. In that case, the consumer has the right to terminate the agreement free of charge.
After termination in accordance with the previous paragraph, Bionest will immediately refund the consumer.

Article 14 - Duration transactions: duration, cancellation and extension

At Bionest we apply clear rules for long-term transactions:

Termination:

For indefinite-term contracts that relate to the regular delivery of products or services, the consumer can cancel at any time in accordance with the agreed cancellation rules with a notice period of up to one month.
Fixed-term agreements that relate to the regular delivery of products or services can be canceled by the consumer at the end of the agreed term, with a notice period of up to one month.
The consumer can cancel the above-mentioned agreements at any time without restrictions regarding timing or procedure, and with the same notice period as the entrepreneur has negotiated for himself.

Extension:

Fixed-term agreements that relate to the regular delivery of products or services are not tacitly extended for a specific period.
In contrast, fixed-term agreements, which relate to the regular supply of daily, news and weekly newspapers and magazines, can be tacitly extended for a maximum of three months. The consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.
Fixed-term agreements, which relate to the regular delivery of products or services, can only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of up to one month. In the case of daily, news and weekly newspapers and magazines, the notice period can be a maximum of three months.

Duration:

If an agreement has a duration of more than one year, the consumer can terminate it after one year with a notice period of a maximum of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

At Bionest we use the following payment terms:

Unless otherwise agreed in the agreement or additional conditions, the amounts due must be paid by the consumer within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. For services, this period starts on the day after receipt of confirmation of the agreement by the consumer.
When selling products to consumers, the entrepreneur may never require payment in advance of more than 50% of the invoice amount in his general terms and conditions. If advance payment has been agreed, the consumer cannot exercise any rights with regard to the execution of the order or service(s) in question before the advance payment has been received.
The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not meet his payment obligations on time, he is obliged to comply with his payment obligations after a reminder from the entrepreneur and after a period of 14 days. If payment is not made within this period, the consumer owes statutory interest on the outstanding amount and the entrepreneur can charge extrajudicial collection costs. These collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500, 10% on the next € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from these amounts to the benefit of the consumer. and percentages.

Article 16 - Complaints procedure

At Bionest we are committed to handling complaints quickly and efficiently:

We have a clearly published complaints procedure and will deal with complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to Bionest within a reasonable period after the consumer has discovered the defects.
Complaints submitted to Bionest will be answered within 14 days of receipt. If a complaint requires more time to process, Bionest will send an acknowledgment of receipt within these 14 days and indicate when the consumer can expect a more detailed response.
If the consumer has a complaint about a product, service or Bionest service, this complaint can also be submitted via a complaints form on the consumer page of the Bionest website. The complaint will then be sent to Bionest as well as to relevant external authorities.
The consumer must give Bionest at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that can be submitted to the dispute settlement procedure.

Article 17 - Disputes

At Bionest we strive for smooth handling of disputes:

All agreements between Bionest and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law. If Bionest focuses its activities on the country where the consumer lives, the consumer can always rely on the mandatory consumer law of his country.
Disputes between the consumer and Bionest regarding the conclusion or execution of agreements relating to products and services to be delivered or delivered by Bionest can, with due observance of the provisions below, be submitted by both the consumer and Bionest to CREAMY BV, located in Louis Schuermanstraat 2B, 9040 Ghent, Belgium (www.creamy.be).

Article 18 - Additional or deviating provisions

Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or be stored in an accessible manner on a durable data carrier.

Article 19 - Changes to the general terms and conditions

Any changes to these terms will not become effective until they have been properly posted. In the event of changes that apply during the term of an offer, the provision that is most advantageous for the consumer will always apply.

Appendix I: Model withdrawal form

Model withdrawal form

(Only complete and return this form if you wish to withdraw from the agreement)

a. To: [name of entrepreneur]

[entrepreneur's geographical address]

[e-mail address or electronic address of entrepreneur]

b. I/We* hereby inform you that I/We* agree to our agreement regarding

the sale of the following products: [product designation]*

the supply of the following digital content: [digital content indication]*

the provision of the following service: [service designation]*,

revoked/revoked*

c. Ordered on*/received on* [date of order for services or receipt for products]

d. [Name of consumer(s)]

e. [Consumer(s) address]

f. [ Signature of consumer(s) ] (only when this form is submitted on paper)

* Delete what is not applicable or fill in what is applicable.

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