Terms of Sale

BELGIUM – GENERAL TERMS AND CONDITIONS OF SALE

If you reside in Luxembourg, please check the country-specific Terms and Conditions of Sale available below.

This is an e-commerce site accessible via Internet at www.barebells.be (hereinafter the "Website"). It is open to any user of the Website. 

The Website is published by Vitamin Well Netherlands B.V., a Dutch company whose registered office is located at Grote Bickersstraat 74, 1013 KS Amsterdam, the Netherlands, registered under company number 89533917 and VAT number NL865012350B01. The Company can be contacted using the following contact details: hello@barebells.be.

Please read these terms and conditions carefully regarding your rights and obligations, as well as limitations and exclusions that may apply to the sale of products from Vitamin Well Netherlands B.V. on the Website.

1. APPLICABILITY AND GENERAL INFORMATION

1. The present General Terms and Conditions (“Terms”) apply to all agreements entered into between you (“Customer”, “you”) and us, Vitamin Well Netherlands B.V., (“Company”, “us”, “we”) regarding purchase and sale of products through the Website (hereinafter “Products”).
2. For the purposes hereof, it is agreed that Customer and the Company shall be collectively referred to as "Parties" and individually as "Party".
3. As our Products are only meant for customers who are at least 18 years old and able to enter into binding legal contracts, you can only place an order if you meet these requirements. We deliver only within Belgium and Luxembourg. We do not provide cross-border delivery outside this territory. However, customers from other EU Member States may place orders on the same terms as local customers if the order is delivered to an address within delivery territory set out in this clause or collected there by customer or its carrier. 
4. The Products sold on the Website are not intended for resale or distribution. Without prejudice to any other right, we reserve the right to cancel orders and/or suspend accounts for which we believe that the Products, including due to their quantity, are ordered in violation of this provision.
5. You must be a consumer as these Terms apply to consumers only. The term consumer used here corresponds to the definition in Art. I.1, 2° of the Belgian Code of Economic Law.
6. When you place an order by clicking on the “ORDER WITH OBLIGATION TO PAY” button, you agree to these Terms. Other or conflicting conditions shall not apply unless expressly agreed otherwise in writing.
7. Any order for a Product offered on the Website implies consultation and express acceptance of these Terms. These Terms are accessible at any time on the Website and Customer will be provided with the text of these Terms electronically, in such a way that Customer can easily store them on a durable data carrier. Customer declares that it has read and accepted these Terms by checking the box provided for this purpose before implementing of the online ordering procedure. The version of the Terms that applies to your order will be the version in effect on the Website when you place your order. We will not change the terms that apply to your order after the order has been placed.
8. A copy of these Terms will also be sent with the confirmation of the order.  
9. You should print or save a copy of these terms and conditions for future reference. We do not save the terms and conditions for you. Click here to print a copy of these terms and conditions. 

2. CONCLUSION OF CONTRACT

1. The Products offered for sale by the Company are those presented on the Website, on the date of Customer's consultation of the Website, within the limit of the available stocks and subject to the conditions stipulated in the preamble. 
2. The presentation of Products on the Website does not constitute a binding offer, but only an offer to place orders. 
3. Furthermore, Customer is required to read the description sheet of each Product to find out the characteristics thereof.
4. If Customer agrees to the Terms, it will click on the “ORDER WITH OBLIGATION TO PAY” button. In doing so, you are submitting a binding offer (a so-called proposal) to purchase the Products shown in the order summary with an obligation to pay.
5. After receiving your order, the Company will send you a confirmation of receipt by email with your order number and details of the Products you have ordered. This automatic confirmation of receipt only confirms that the order has been received by the Company and does not constitute an approval of your order (so-called acceptance).
6. The contract is only concluded when the Company accepts your order by a subsequent, separate email or by sending the Products (whichever occurs first). We will accept or reject your offer within one (1) week after you have placed your order. If we do not accept your order, we will promptly refund any amounts paid.
7. We ensure that we describe all Products as accurately as possible. However, minor variations may occur. All Product images should be considered as examples. Product images may vary depending on the colour settings of your computer or digital device.
8. The Company reserves the right to refuse approval of any order placed on the Website, including but without limitation, due to inaccurate or incomplete Product description, specifications or pricing and limited Product availability. If a price/spec error is identified after your order, we will inform you and you may cancel for a full refund.
9. Please contact the Company’s customer service department at hello@barebells.be for assistance if you wish to request changes to your order. However, the Company cannot guarantee that changes to your order can be made. More information on returns and refunds etc. can be found under Clause 6.
10. The Company will send to Customer, at the latest when delivering a Product, in writing, or in such a way that Customer can store it on an accessible durable medium, the confirmation of the contract concluded.

3. USE OF OUR PRODUCTS

We only supply the Products for private use. Always read the label on all Products you have ordered from the Website before using or consuming them. Consult your doctor before using any product if you have allergies or the like. Nothing in this section limits your statutory rights.

4. PRICES AND PAYMENT TERMS

1. All prices published on the Website are subject to change without prior notice. The price charged for a Product will be the price in effect at the time the order is placed, as indicated during the check-out process and in your order confirmation e-mail.
2. Prices shown on the Website include statutory VAT and all non-variable delivery, handling and other fixed costs and do not include variable (delivery) charges. The variable (delivery) charges, if any, will be added at check-out.
3. The time of payment varies depending on the payment method you choose during the check-out process. 
4. Your payment is handled by Shopify Payment with encryption and according to strict banking standards. We accept the following payment methods on the Website: card payment via MasterCard and VISA, Apple Pay, Google Pay, ShopPay, PayPal and Klarna. 
5. You represent and warrant that (i) the payment card information you provide to us is true, correct and complete, (ii) you are authorized to use such payment card for the purchase of Products, and (iii) any charges incurred by you will be paid by your payment card company.
6. When you choose a payment service provider listed above, you will do so at your choice and as their customer. The terms and conditions (including privacy policies) of the service provider apply. As between you and us, it is your responsibility to consult the respective terms and conditions. We do not assume responsibility or liability for your use of, or the services provided by, the payment service provider of your choice.

SHIPPING AND DELIVERY

1. The Company will arrange delivery of the Products either to a delivery point or to your home in Belgium/Luxembourg (depending which one you choose). The Company currently only offers shipping within Belgium/Luxembourg.
2. We aim to deliver within three (3) to five (5) working days of the order confirmation, unless otherwise agreed. All dates given for delivery of ordered Products are only approximate. If, unexpectedly, the delivery time exceeds thirty (30) days, you can cancel your order. In this case, you will be refunded the purchase price plus any shipping and handling costs (if you paid before delivery).
3. The cost of each delivery method is clearly indicated during the ordering and check-out process. You will be charged for all shipping and handling fees indicated during the ordering and check-out process.
4. You are solely responsible for providing us with an accurate and accessible shipping address during the ordering and check-out process. If the address information is not correct, you are obliged to reimburse the costs of failed delivery. If you want a new shipment of the Products, the new shipping costs will be charged again and will be the same as the original shipping costs.
5. We reserve the right to charge for the costs of handling non-collected parcels (return freight, forwarding costs, etc.). Therefore, we charge a fee of maximum EUR 20 depending on weight if a package is not collected. Therefore, please note that if you cancel a purchase and wish to return the Products, you must first collect the package and then return it as described in these Terms.

6. RIGHT OF WITHDRAWAL

You have the right of withdrawal in accordance with the following provisions:

7. RETURNS AND REFUNDS 

1. Without prejudice to any mandatory statutory rights under applicable law, a product ordered on the website that is defective may be returned to the company free of charge for a refund within 30 days of receipt of the defective product. 
2. If you wish to return a faulty product, you must contact us at hello@barebells.de  before returning any faulty products. 
3. Since we sell food products, customer’s health and safety is very important to us. We sell our products as sealed products for health protection and hygiene reasons. Therefore, in addition to the provisions set out in Clause 6 above, in accordance with the provisions of Article VI.53 of the Belgian Code of Economic Law, we only accept returns, if the Product is in a resaleable condition when we receive it. This means that the packaging of the product and any plastic seal/cellophane wrapping covering such packaging must be intact and cannot be broken or damaged. 
4. You must obtain proof of your postage receipt when you send your Products to us. Providing proof of postage receipt is free, but without it, in the rare event that your Products are lost in transit, we may not be able to process your refund or replacement.  

8. GUARANTEE

1. Customer shall consume the Product before the best before date indicated on our Products. Beyond this date, no reservation may be made in relation to the taste, appearance, or freshness of Products. 
2. Subject to the best before date indicated on our Products, and provided that the Products have been stored and used in accordance with any instructions, all Products offered for sale on our Website benefit from the legal guarantee of conformity (as defined in Articles 1649bis et seq. of the old Belgian Civil Code and subject to the conditions of those provisions), which allow Customer to return defective or non-compliant Products free of charge, provided that the use thereof has been normal.
3. When bringing an action based on the legal guarantee of conformity set out in Articles 1649bis et seq. of the old Belgian Civil Code:

• • We will be liable for any lack of conformity that exists at delivery and becomes apparent within two (2) years from the delivery of the Product;
  • Customer must notify us of the lack of conformity within two (2) months of the date on which Customer discovered the defect;
  • Customer may choose between (i) delivery of missing Products, (ii) repair or (iii) replacement of the Product, provided that Customer choice does not result in a manifestly disproportionate cost in relation to the other method, taking into account the value of the Product or the importance of the defect; 

Customer is exempt from providing proof of the existence of the date of appearance of the non-conformity of the Product during the twenty-four (24) months following the delivery of the Product according to the conditions mentioned below. 

The return costs will be borne by Customer and will only be reimbursed if Company is liable under the said guarantee. 

9. FORCE MAJEURE

Company shall be exempt from liability and other sanctions caused by obstacles beyond its control, which Company could not reasonably have foreseen at the time of the purchase and the consequences of which the Company could not reasonably have avoided or overcome. Force majeure will more generally be interpreted in accordance with Article 5.226 of the Belgian Civil Code.

10. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, such as copyrights and trademarks, on the Website remain the property of Company, its affiliates or licensors. 

Any use of the Website or its content, including copying or storing such content in whole or in part, other than for your own personal, non-commercial use, is prohibited without the prior written permission of Company.

11. ENFORCEMENT AND INVALIDITY

Company's failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

If any term in these Terms is held to be invalid or unenforceable, such term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. Instead, the Parties shall undertake to replace the invalid provision with a valid provision that comes closest to the desired financial intent.

12. DATA PROTECTION

When Customer browses the Website, creates an account and/or places an order, his/her personal data may be processed and on that occasion, Company acts as a data controller of the personal data so provided by Customer. 

For more information on how we collect and process Customer's personal data and what rights Customer has, Customer can consult the Privacy Policy, which can be found here.

13. APPLICABLE LAW AND LANGUAGE

All matters arising from your use of this Website (including any agreements concluded between you and us via the Website) shall be governed by Belgian law, provided that Customer may (where applicable) also rely on the mandatory consumer protection laws of the country in which he resides.

All agreements are entered into in Dutch or French. Translations of these terms into other languages are for informational purposes only. In the event of contradictions between the Dutch or French text and the translations, the Dutch or French text shall prevail.

14. CONTACT

All feedback, comments, customer service requests and other communications related to these Terms should be sent to: hello@barebells.be. 

LUXEMBOURG – GENERAL TERMS AND CONDITIONS OF SALE

This is an e-commerce site accessible via Internet at www.barebells.lu (hereinafter the "Website"). It is open to any user of the Website. 

The Website is published by Vitamin Well Netherlands B.V., a Dutch company whose registered office is located at Grote Bickersstraat 74, 1013 KS Amsterdam, the Netherlands, registered under company number 89533917 and VAT number NL865012350B01. The Company can be contacted using the following contact details: hello@barebells.be.

Please read these terms and conditions carefully regarding your rights and obligations, as well as limitations and exclusions that may apply to the sale of products from Vitamin Well Netherlands B.V.on the Website. 

1. APPLICABILITY AND GENERAL INFORMATION

1. The present General Terms and Conditions (“Terms”) apply to all agreements entered into between you (“Customer”, “you”) and us, Vitamin Well Netherlands B.V. (“Company”, “us”, “we”) regarding purchase and sale of products through the Website (hereinafter “Products”).
2. For the purposes hereof, it is agreed that Customer and the Company shall be collectively referred to as "Parties" and individually as "Party".
3. As our Products are only meant for customers who are at least 18 years old and able to enter into binding legal contracts, you can only place an order if you meet these requirements. We deliver only within Belgium and Luxembourg. We do not provide cross-border delivery outside this territory. However, customers from other EU Member States may place orders on the same terms as local customers if the order is delivered to an address within delivery territory set out in this clause or collected there by customer or its carrier.
4. The Products sold on the Website are not intended for resale or distribution. Without prejudice to any other right, we reserve the right to cancel orders and/or suspend accounts for which we believe that the Products, including due to their quantity, are ordered in violation of this provision.
5. You must be a consumer as these Terms apply to consumers only. The term consumer used here corresponds to the definition in Art. L. 010-1 of the Luxembourg Consumer Code.
6. When you place an order by clicking on the “ORDER WITH OBLIGATION TO PAY” button, you agree to these Terms. Other or conflicting conditions shall not apply unless expressly agreed otherwise in writing.
7. Any order for a Product offered on the Website implies consultation and express acceptance of these Terms. These Terms are accessible at any time on the Website and Customer will be provided with the text of these Terms electronically, in such a way that Customer can easily store them on a durable data carrier. Customer declares that it has read and accepted these Terms by checking the box provided for this purpose before implementing of the online ordering procedure. The version of the Terms that applies to your order will be the version in effect on the Website when you place your order. We will not change the terms that apply to your order after the order has been placed.
8. A copy of these Terms will also be sent with the confirmation of the order.  
9. You should print or save a copy of these terms and conditions for future reference. We do not save the terms and conditions for you. Click here to print a copy of these terms and conditions.  

2. CONCLUSION OF CONTRACT

1. The Products offered for sale by the Company are those presented on the Website, on the date of Customer's consultation of the Website, within the limit of the available stocks and subject to the conditions stipulated in the preamble. 
2. The presentation of Products on the Website does not constitute a binding offer, but only an offer to place orders.
3. Furthermore, Customer is required to read the description sheet of each Product to find out the characteristics thereof.
4. If Customer agrees to the Terms, it will click on the “ORDER WITH OBLIGATION TO PAY” button. In doing so, you are submitting a binding offer (a so-called proposal) to purchase the Products shown in the order summary with an obligation to pay.
5. After receiving your order, the Company will send you a confirmation of receipt by email with your order number and details of the Products you have ordered. This automatic confirmation of receipt only confirms that the order has been received by the Company and does not constitute an approval of your order (so-called acceptance).
6. The contract is only concluded when the Company accepts your order by a subsequent, separate email or by sending the Products (whichever occurs first). We will accept or reject your offer within one (1) week after you have placed your order. If we do not accept your order, we will promptly refund any amounts paid and, in any event, within fourteen (14) days from the moment we inform you that the offer has not been accepted. The amounts will be refunded on the same payment method used to place the order. The refund will not entail any additional payments for you.
7. We ensure that we describe all Products as accurately as possible. However, minor variations may occur. All Product images should be considered as examples. Product images may vary depending on the colour settings of your computer or digital device.
8. The Company reserves the right to refuse approval of any order placed on the Website, including but without limitation, due to inaccurate or incomplete Product description, specifications or pricing and limited Product availability. If a price/spec error is identified after your order, we will inform you and you may cancel for a full refund.
9. Please contact the Company’s customer service department at hello@barebells.be for assistance if you wish to request changes to your order. However, the Company cannot guarantee that changes to your order can be made. More information on returns and refunds etc. can be found under Clause 6.
10. The Company will send to Customer, at the latest when delivering a Product in writing, or in such a way that Customer can store it on an accessible durable medium, the confirmation of the contract concluded.

3. USE OF OUR PRODUCTS

We only supply the Products for private use. Always read the label on all Products you have ordered from the Website before using or consuming them. Consult your doctor before using any product if you have allergies or the like. Nothing in this section limits your statutory rights.

4. PRICES AND PAYMENT TERMS

1. All prices published on the Website are subject to change without prior notice. The price charged for a Product will be the price in effect at the time the order is placed, as indicated during the check-out process and in your order confirmation e-mail.
2. Prices shown on the Website include statutory VAT and all non-variable delivery, handling and other fixed costs and do not include variable (delivery) charges. The variable (delivery) charges, if any, will be added at check-out.
3. The time of payment varies depending on the payment method you choose during the check-out process. 
4. Your payment is handled by Shopify Payment with encryption and according to strict banking standards. We accept the following payment methods on the Website: card payment via MasterCard and VISA, Apple Pay, Google Pay, ShopPay, PayPal and Klarna. 
5. You represent and warrant that (i) the payment card information you provide to us is true, correct and complete, (ii) you are authorized to use such payment card for the purchase of Products, and (iii) any charges incurred by you will be paid by your payment card company.
6. When you choose a payment service provider listed above, you will do so at your choice and as their customer. The terms and conditions (including privacy policies) of the service provider apply. As between you and us, it is your responsibility to consult the respective terms and conditions. We do not assume responsibility or liability for your use of, or the services provided by, the payment service provider of your choice.

5. SHIPPING AND DELIVERY

1. The Company will arrange delivery of the Products either to a delivery point or to your home in Belgium/Luxembourg (depending on the shipping method offered and which one you choose). The Company currently only offers shipping within Belgium/Luxembourg.
2. We aim to deliver within three (3) to five (5) working days of the order confirmation, unless otherwise agreed. All dates given for delivery of ordered Products are only approximate. If, unexpectedly, the delivery time exceeds thirty (30) days, you can cancel your order. In this case, you will be refunded the purchase price plus any shipping and handling costs (if you paid before delivery).
3. The cost of each delivery method is clearly indicated during the ordering and check-out process. You will be charged for all shipping and handling fees indicated during the ordering and check-out process.
4. You are solely responsible for providing us with an accurate and accessible shipping address during the ordering and check-out process. If the address information is not correct, you are obliged to reimburse the costs of failed delivery. If you want a new shipment of the Products, the new shipping costs will be charged again and will be the same as the original shipping costs.
5. We reserve the right to charge for the costs of handling non-collected parcels (return freight, forwarding costs, etc.). Therefore, we charge a fee of maximum EUR 20 depending on weight if a package is not collected. Therefore, please note that if you cancel a purchase and wish to return the Products, you must first collect the package and then return it as described in these Terms.

6. RIGHT OF WITHDRAWAL

You have the right of withdrawal in accordance with the following provisions:

7. RETURNS AND REFUNDS

1. Without prejudice to any mandatory statutory rights under applicable law, a product ordered on the website that is defective may be returned to the company free of charge for a refund within 30 days of receipt of the defective product.   
2. If you wish to return a faulty product, you must contact us at hello@barebells.be before returning any faulty products.   
3. Since we sell food products, customer’s health and safety is very important to us. We sell our products as sealed products for health protection and hygiene reasons. Therefore, in addition to the provisions set out in Clause 6 above, in accordance with the provisions of Article L. 222-9 of the Luxembourg Consumer Code, we only accept returns, if the Product is in a resaleable condition when we receive it. This means that the packaging of the product and any plastic seal/cellophane wrapping covering such packaging must be intact and cannot be broken or damaged.  
4. You must obtain proof of your postage receipt when you send your Products to us. Providing proof of postage receipt is free, but without it, in the rare event that your Products are lost in transit, we may not be able to process your refund or replacement.    

8. GUARANTEE

1. Customer shall consume the Product before the best before date indicated on our Products. Beyond this date, no reservation may be made in relation to the taste, appearance, or freshness of Products. 
2. Subject to the best before date indicated on our Products, and provided that the Products have been stored and used in accordance with any instructions, all Products offered for sale on our Website benefit from the legal guarantee of conformity (as defined in Articles Articles L. 212-2 et seq. of the Luxembourg Consumer Code and subject to the conditions of those provisions), which allow Customer to return defective or non-compliant Products free of charge, provided that the use thereof has been normal.
3. When bringing an action based on the legal guarantee of conformity set out in Articles L. 212-2 et seq. of the Luxembourg Consumer Code:

• • We will be liable for any lack of conformity that exists at delivery and becomes apparent within two (2) years from the delivery of the Product;
  • In order to benefit from the guarantee of conformity, Customer must notify the Company of the lack of conformity by any means within the two-year period indicated above, in accordance with Article 212-9 of the Luxembourg Consumer Code.
  • Customer may choose between (i) delivery of missing Products, (ii) repair or (iii) replacement of the Product, provided that Customer choice does not result in a manifestly disproportionate cost in relation to the other method, taking into account the value of the Product or the importance of the defect;

Customer is exempt, unless there is evidence to the contrary, from providing proof of the existence of the date of appearance of the non-conformity of the Product during twelve (12) months following the delivery of the Product according to the conditions mentioned below. 

The return costs will be borne by Customer and will only be reimbursed if Company is liable under the said guarantee. 

4. You must receive a receipt for your postage when you return the Products to us. A proof of postage costs nothing, but without it we may not be able to process your refund or compensation if your item is lost in transit.

9. FORCE MAJEURE

Company shall be exempt from liability and other sanctions caused by obstacles beyond its control, which Company could not reasonably have foreseen at the time of the purchase and the consequences of which the Company could not reasonably have avoided or overcome. Force majeure will more generally be interpreted in accordance with Article 1148 of the Luxembourg Civil Code.

10. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, such as copyrights and trademarks, on the Website remain the property of Company, its affiliates or licensors. 

Any use of the Website or its content, including copying or storing such content in whole or in part, other than for your own personal, non-commercial use, is prohibited without the prior written permission of Company.

11. ENFORCEMENT AND INVALIDITY

Company's failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

If any term in these Terms is held to be invalid or unenforceable, such term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. Instead, the Parties shall undertake to replace the invalid provision with a valid provision that comes closest to the desired financial intent.

12. DATA PROTECTION

When Customer browses the Website, creates an account and/or places an order, his/her personal data may be processed and on that occasion, Company acts as a data controller of the personal data so provided by Customer. 

For more information on how we collect and process Customer's personal data and what rights Customer has, Customer can consult the Privacy Policy, which can be found here.

13. APPLICABLE LAW AND LANGUAGE

All matters arising from your use of this Website (including any agreements concluded between you and us via the Website) shall be governed by Luxembourg law, provided that Customer may (where applicable) also rely on the mandatory consumer protection laws of the country in which he resides.

All agreements are entered into in French or English. Translations of these terms into other languages are for informational purposes only. In the event of contradictions between the English or French text and the translations, the English or French text shall prevail.

14. CONTACT

All feedback, comments, customer service requests and other communications related to these Terms should be sent to: hello@barebells.be.

15. DISPUTE RESOLUTION

Any dispute between Customer and Company in relation to any Orders or these Terms may be submitted to the Service national du Médiateur de la consummation (SNMC) by fax, email or letter, according to Article L. 422-1 et. seq. of the Luxembourg Consumer Code.

The details regarding the SNMC can be found on its website, available at mediateurconsommation.public.lu

The contact details for the SNMC are:

6, rue du Palais de Justice

L-1841 Luxembourg

Luxembourg

Tél. : (+352) 46 13 11

E-mail : info@mediateurconsommation.lu

Alternatively, Customer will be able to bring judicial actions before the courts of the EU Member State where he/she resides.