GENERAL TERMS AND CONDITIONS OF SALE

LEGAL NOTICE

The website www.naturalisbalance.com (the “Website”) is operated by Naturalis Balance S. à r.l, a limited liability company established and incorporated under Luxembourg laws, having its registered office at 81a rue du dix octobre, L-7243 Bereldange, Luxembourg, registered with the Luxembourg Trade and Companies Register under number 2016 2464 818 (“NATURALIS BALANCE”), holder of a business authorization delivered by the Luxembourg Ministry of Economy under Number 10072533/0 located at Forum Royal, 19-21, boulevard Royal, L-2449 Luxembourg (+352 247 84 715) and whose VAT number is LU29052024.

NATURALIS BALANCE may be contacted at the following details:

81a rue du dix octobre, L-7243 Bereldange, Luxembourg
vincentwy.tam@outlook.com
+352 691 81 81 18

 SCOPE

The present general terms and conditions of sale (the “T&Cs”) are applicable to any sale between the Client(s) and NATURALIS BALANCE through the Website.

NATURALIS BALANCE may amend these T&Cs at any time and without notice. The T&Cs applicable and enforceable are those in force at the time of the validation by the Client of his/her order on the Website. These T&Cs will prevail over any other conditions contained in any other document, except prior, express and written derogation.

The contractual information is presented in English only. If you are unable to understand English and in particular the T&Cs, NATURALIS BALANCE recommends you not to place an order on the Website.

If there are material changes to the T&Cs or in how NATURALIS BALANCE will use your personal data, NATURALIS BALANCE will notify Clients by prominently posting a notice of such changes on its home page. Your continued access or use of the Website after any such changes are published on the Website will constitute your acceptance of these changes.

These T&Cs constitute the whole agreement between NATURALIS BALANCE and the Client (together the “Parties”).

 

AGREEMENT TO THE T&Cs

In order for the Client(s) to validate an order, any Client must comply with the ordering process described below, read and accept the T&Cs by ticking the box “I have read and accept the General terms and conditions of sale ".

By accepting the T&Cs, you warrant and guarantee either that:

- You are 18 or over with full capacity to order on the Website, or

- If you are under 18 and not emancipated, you are duly authorized by your legal representatives to be ordered on the Website, or

- You are duly authorized to act on behalf of a legal person and to bind the latter by the order made on the Website.

 

NATURALIS BALANCE’S PRODUCTS

The list and the essential characteristics of the products offered by NATURALIS BALANCE (the “Products”) are set on the Website. The products are likely to be modified and adapted at any time.

The photographs and images used to illustrate the Products on the Website are not binding. Discrepancies between the image of the Product displayed on the Website and the packaging of the Product delivered may result from a modification of the packaging by the manufacturer or supplier, without affecting in any way the Product’s characteristics.

Products and promotions (where applicable), are available at the prices and conditions offered on the Website when placing the order within the limits of available stocks.

It is possible that one or more Product(s) ordered is not available at the time of preparation of the order. In this case, the amount of the relevant Product(s) will not be invoiced to the Client. Upon validation of the order, Naturalis Balance will confirm to the Client the availability of the ordered products.

 

HOW TO ORDER?

To place an order to the Website, the Client first needs to put select the items the Clients want to order by putting them in his/her shopping basket through the relevant button. The client must then validate its order trough his/her shopping basket and either connect to his/her personal account through his/her Login credentials (see below “How to create an account?”) or by filling the requested personal information (name, address, email address, phone number). The Client must then click on the “VALIDATE AND PAY” button and pay his/her order by one of the payments means admitted by the Website. The Client will then receive a confirmation email of his/her order by NATURALIS BALANCE.

 

HOW TO CREATE AN ACCOUNT?

Any Client can create a personal account on a Website that enables him/her to save its personal information on the Website and to access to its past orders. To create a personal account, you must follow the steps indicated on the Website and provides the information required. You may deactivate your account at any time after logging in to your personal account.

When creating an account, the Client expressly undertakes not to use false information or information from third parties. Likewise, the Client agrees not to create or use more than one account, either under his/her own identity or that of a third party.

On the occasion of subsequent visits to the Website, the Client may access his/her personal account by entering the username and password chosen when creating the account.

The username and password (the "Login credentials") as chosen when creating the account are specific to the Client, personal and confidential.

The Client is responsible for maintaining the secrecy and security of its Login credentials, and is fully and exclusively responsible for all activities that occur using its Login credentials, regardless of whether such activities are undertaken by the Client or a third party. Any use of Login credentials will be deemed to have been made by the Client to which they relate or by a person duly authorized by the Client.

Clients are aware of the inherent insecurity of the use of automatic memory function of Login credentials that their computer system can allow, and therefore assume full responsibility for the use and possible consequences of such a function.

Therefore, NATURALIS BALANCE shall in no event be held liable for any consequences resulting from illicit use, fraud or abuse of Login credentials by a third party not expressly authorized by the Client to which they relate and which results from the Client’s fault or negligence.

In cases of theft or misappropriation of Login credentials, the Client shall immediately notify NATURALIS BALANCE, by phone or email.

 

Access to the Website

The Website is freely accessible to anyone who has an Internet access. All costs relating to the access and use of the Website, whether costs for hardware, software or Internet access, shall be borne exclusively by the Clients.

Clients are responsible for the proper functioning of their computer equipment and Internet access.

Some sections of the Website may be reserved to Clients who have previously created an account under the conditions set out above and are duly identified with their Client name and password.

NATURALIS BALANCE reserves the right to refuse access to the Website, unilaterally and without prior notice, to any Client not complying with the T&Cs.

NATURALIS BALANCE shall not be held liable for the use of any software or hardware selected by the Client.

 

Use of the Website

Clients may not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to or accessible through the Website.

Clients may only use the Website for lawful purposes. Clients are also prohibited from using the Website to defame, abuse, harass, stalk, threaten or otherwise violate legal rights of others.

 

PRODUCTS PRICES AND PAYMENT

The applicable prices are those indicated on the Website at the time the Client confirms the including all taxes (VAT and taxes specific to products or services). All orders are payable in euros.

Each order may include a charge for delivery. If the Client’s delivery is subject to a delivery charge, it will be shown as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address.

There is a minimum order requirement of 7 Euros (excluding delivery charges) for every order placed.

Payment may be made by the means of payments indicated on the Website. The debit, credit and charge cards accepted by NATURALIS BALANCE are those listed on the Website on the date on which the Client’s order is placed. The Client cannot pay for your order by cash or cheque.

Authority for payment will be requested from the Client’s card issuer between the time of the order being placed and when it is delivered. This is done by 'reserving' against the card the Client has used for payment. The amount that is ‘reserved’ will either be the estimated amount of your order, including delivery charges. That amount is not spent by the Client until NATURALIS BALANCE debit your card with the full price of your order, and the latter happens after NATURALIS BALANCE has delivered your shopping to you. NATURALIS BALANCE reserve the right to cancel the Client’s order if NATURALIS BALANCE are refused authority for payment or reasonably believe that payment will be refused at any stage.

The Client agrees to compensate NATURALIS BALANCE in full against all reasonable costs expenses and outgoings incurred by NATURALIS BALANCE in obtaining payments from the Client in the event a failed payment occurs. This may include an administration charge of not less than EUR20 (twenty euros). NATURALIS BALANCE may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.

NATURALIS BALANCE retains full ownership of the Products until complete payment of all sums due in connection with the order, including all costs and taxes. From the payment of the Products by the Client, the risks incurred by the products received are immediately transferred to the Client.

 

Right of Withdrawal

When the Client is a consumer within the meaning of article L.010-1 of the Luxembourg Consumer Code, the Client has a right of withdrawal that can be exercised within 14 (fourteen) calendar days from the withdrawal of the order concerning the Products. If the last day of the period is not a working day, the period shall be extended to the next working day.

This right may be exercised without any reason, without penalty and free of charge, except for the direct costs of returning the goods to be borne by the Client.

To exercise its right of withdrawal, the Client must:

1) notify NATURALIS BALANCE his/her decision to exercice his/her right of withdrawal trough an un-ambiguous declaration sent by email to hello@naturalisbalance.com or by postal mail (Naturalis Balance S. à r.l, 81a rue du dix octobre, L-7243 Bereldange) before the end of the withdrawal period mentioned above. The Client may also use the model of withdrawal form annexed to these general conditions, and

2) return, at its own expense, the Products in question to NATURALIS BALANCE with the invoice number.

The Client must return the goods without undue delay and in any case no later than 14 days following the notification of his/her decision to withdraw from the contract. The returned products travel at the Client’s expenses and risk. The Client is liable for the depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Products. In this case, the Products will not be refunded or exchanged and will be redirected to the Client.

In accordance with Article L.222-9 of the Consumer Code, reimbursement will be made without undue delay and in any event no later than 14 days after the return of the Products or, where applicable, the justification by the Client, of proof of dispatch of the Products. The refund will be made using the same means of payment as that used by the Client for the initial transaction, unless expressly agreed by the consumer for another means of payment.

The right of withdrawal is however excluded by law for products which, by their nature, are liable to deteriorate or to perish rapidly (in particular fresh and frozen products), goods which, after having been delivered, and by their nature, are inseparably mixed with other articles.

 

LEGAL WARRANTIES

The Client, as a consumer within the meaning of Article L.010-1 of the Luxembourg Consumer Code, has a legal guarantee of conformity as provided for in the Luxembourg Consumer Code.

NATURALIS BALANCE undertakes to deliver goods that comply with the Client’s order and is liable for any defects in conformity existing at the time of issue. Any request in relation with this legal warranty of conformity will be time-barred two years from the delivery of the Products.

NATURALIS BALANCE is obliged to guarantee the hidden defects of the Products which makes them unsuitable for the use for which they are intended or which so diminishes this use that the Client would not have acquired them, or would have given a lesser price if he/she had known them. The Client must NATURALIS BALANCE of any defect that may constitute a hidden defect at the earliest date from the discovery of the defect. Any Court action for guarantee of hidden defects is time-barred one year from the notification of the defect to NATURALIS BALANCE.

 

COMPLAINTS

Claims must be made by e-mail at hello@naturalisbalance.com, or by phone +352 691 81 81 18 between the opening hours specified on the Website.

NATURALIS BALANCE will not be liable for damage resulting from misuse of the Products sold on the Website.

 

PERSONAL DATA

With the exception of the data mentioned in the provision "Cookies" below, NATURALIS BALANCE does not collect personal data other than those you voluntarily provided on the Website, either when you sign up for an account, upload images, share information and contents, or post comments on the Website.

The personal data collected on the Website are exclusively processed by NATURALIS BALANCE to meet the demands of Clients accordingly to the amended Law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, and notably to:

- create and manage your personal account,

- process your transactions,

- to display content that is customized to your interests and preferences,

- to communication with you.

NATURALIS BALANCE may also send you marketing emails to inform you of new products or services or other information or offers that may be of interest. If you do not wish to receive marketing emails, follow the “unsubscribe” instructions included within each email communication.

Personal data are treated as strictly confidential and kept so during the period permitted by applicable law.

Personal data will not be disclosed or sold to third parties, unless with the Client's prior consent or if required by law. If you have entered into and/or won a contest, NATURALIS BALANCE or a contest sponsor may publish your name and city of residence.

Pursuant to the Law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, each Client has the right to (i) access his/her personal data, (ii) ask for a correction where such data is inaccurate or incomplete, and (iii) object to the processing of such data on the basis of compelling legitimate grounds.

If you would like to review or revise information that you previously provided to NATURALIS BALANCE, you may access and change your personal information in your personal account.

For such requests, you may contact NATURALIS BALANCE directly at the following email address: hello@naturalisbalance.com or postal address:

NATURALIS BALANCE S.à r.l.
81a rue du dix octobre,
L-7243 Bereldange,
Luxembourg

NATURALIS BALANCE follows generally accepted security standards to help protect your personal information. However, no method of transmission over the Internet, or of electronic storage, is 100% secure. Therefore, NATURALIS BALANCE cannot guarantee the absolute security of your personal data.

 

COOKIES

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality.

 For more general information on cookies see the Wikipedia article on HTTP Cookies...

 

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

 

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

 

The Cookies We Set

If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

 We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

 This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

 

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

 This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

 For more information on Google Analytics cookies, see the official Google Analytics page.

 As we sell products it's important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

 We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Twitter, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

 

Intellectual Property

All elements of the Website, including its structure, its graphics, its source or object code and its content (including, but not limited to, texts, graphics, images, photographs, logos, icons, software, and databases) are protected by intellectual property laws, and notably by copyright and trademark laws.

NATURALIS BALANCE allows the Client to access and use the Website and its contents exclusively for personal purposes. Any professional or commercial use of these elements is strictly prohibited. Clients may not create derivative works from or otherwise exploit the elements of the Website in any way.

NATURALIS BALANCE reserves all rights on the Website. Access to and use of the Website cannot be considered as an assignment or a license agreement. As a result, Clients are prohibited from using the Website for purposes other than those mentioned above, including reproducing or publicly displaying, modifying, performing extraction or decompilation of all or part of the Website, including in particular its structure, its graphics, its object code or source and its content (including texts, graphics, images, video, information, logos, icons, buttons, software, audio and other files, databases), without the prior and written express consent of NATURALIS BALANCE.

Any non-authorized use of the Website, in whole or in part, or of any of its components, including NATURALIS BALANCE trademark(s), by any process whatsoever, is an infringement punishable by law.

 

Modification, suspension or interruption of the Website

NATURALIS BALANCE reserves the right, at any time, without the need to give prior notice to the Clients, to interrupt temporarily the access to all or part of the Website for technical reasons, updating of the present T&Cs or compliance of the Website with any legal or regulatory provisions.

NATURALIS BALANCE cannot be held liable neither:

- for malfunctions or failures of the network or servers or other technical malfunction beyond its reasonable control that prevent or alter access to all or part of the Website, nor

- for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact the Client use of its computer equipment, or other property, which may result from Client access or use to the Website.

The Client's attention is drawn to Internet limitations and constraints and to the fact that NATURALIS BALANCE cannot therefore guarantee the total security of data exchanges. The Client is expected to take all necessary measures to protect him/herself against unauthorized intrusions within his/her information system. Furthermore, the Client is informed that functioning of the Website and response times may vary according to his/her system of connection parameters and his/her Internet access service network. NATURALIS BALANCE assumes no responsibility in this respect.

As a result, NATURALIS BALANCE can in no case be held liable, directly or indirectly, due to any malfunction of the Website, and notably in the case of loss of data saved by the Client on his/her personal account or of a damage caused to the hardware or software used by the Client to access or use the Website, caused by one or more technical features inherent to Internet, or the computer hardware or software used by the Client, or a misuse of the Website by the Client.

Clients assume all responsibility and risk for use of the Website and of its elements, including without limitation the information and content contained herein.

 

FORCE MAJEURE

All events of force majeure, as defined by the applicable regulations and case law, constitute a cause for suspension or termination of NATURALIS BALANCE’s obligations. NATURALIS BALANCE shall have no liability towards the Client if a force majeure event prevented NATURALIS BALANCE from or delayed NATURALIS BALANCE in performing its obligations under these T&Cs.

 

WAIVER

NATURALIS BALANCE’s failure to insist upon or enforce strict performance of any provision of these T&Cs shall not be construed as a waiver of any provision or right.

 

SEVERANCE

If any provision (or part of a provision) of these T&Cs is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

 

Hypertext links

The Website may contain links or references to other websites, including social networks, belonging to third parties. The inclusion of these links does not imply that NATURALIS BALANCE endorses these websites. NATURALIS BALANCE does not accept any responsibility for the content of these websites.

Clients can make on their personal website, if any, a direct link to the home page of the Website, provided that such personal website, in whole or in part, complies with the law, the public order and morality, and is not likely to prejudice the reputation of NATURALIS BALANCE.

The inclusion of such a link on the above conditions may in no way be interpreted as an implicit affiliation agreement or as involving a contract between NATURALIS BALANCE and the owner of a third party website.

Framing and In-line linking are strictly prohibited.

In any case, any link made to the Website must be removed if requested by NATURALIS BALANCE.

Any hypertext link to the Website requires the prior written express consent of NATURALIS BALANCE.

 

Proof/archiving

NATURALIS BALANCE may store and archive, within the limits set law, the computer data generated as a result of access to and use of the Website (the "Connection Data") in order to ensure the integrity of such data.

The Parties agree that Connection Data as proof of communications between them, constitutes documentary evidence within the meaning of Article 1341 of the Luxembourg Civil Code and has the same probative value as a document created, received or kept in writing.

Therefore, Connection Data may be validly produced as evidence by NATURALIS BALANCE in connection with any claim or action with the same value as any document created, received or kept in writing, which the Client expressly acknowledges.

The Client agrees not to contest the admissibility, enforceability or probative value of the Connection Data because of their electronic nature. Clients may access their Connection Data on request addressed to NATURALIS BALANCE by mail or email.

 

Governing law and jurisdiction

The T&Cs are governed by, and construed in accordance with, the law of Luxembourg.

Any dispute relating to the interpretation, application and enforcement of the Terms and Conditions, as well as any dispute related to the use of the Site may be submitted to mediation. The most diligent party shall notify the other party by registered letter with acknowledgment of receipt and propose the name of a mediator, to be chosen, where appropriate, from the website accessible at the following address: http://www.europe- Consumers.eu".

Subject to mandatory statutory provisions, the Parties irrevocably agree the exclusive jurisdiction of the Courts of Luxembourg-City to settle any dispute or claim that arises out of or in connection with the validity, interpretation and enforcement of the T&Cs or the access and/or use of the Website.

 

Model withdrawal form

 

To Naturalis Balance S. à r.l, 81a rue du dix octobre, L-7243 Bereldange, email: hello@naturalisbalance.com

I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods:

______________________________________________________________________________________________________

Ordered on ____________

Name of consumer(s): ________________________________________________

Address of consumer(s):_______________________________________________

 

 

Signature of consumer(s) (only if this form is notified on paper),

Date: ____________________

 

(1) Delete as appropriate