The following terms are defined as follows in these general terms and conditions:
1. The “customer”: every natural person that is not acting within the context of a professional activity.
2. The “vendor”: the natural person or legal entity offering products and/or services to the customer remotely.
3. A “distance contract”: an agreement whereby, in the context of a sales scheme arranged by the vendor, one or more means of distance communication are exclusively used.
4. A “means of distance communication”: a medium that can be used to enter into an agreement without the customer and vendor having to be in the same place simultaneously.
5. The “cooling-off period”: the period within which the customer can exercise their right of withdrawal.
6. The “right of withdrawal”: the option that can be employed by the customer to withdraw from the distance contract within the cooling-off period.
7. A “day”: one calendar day.
8. The “website”: a website that belongs to the vendor from which the customer can directly order services or products.
BiometrIQ BV is a Belgian company with its registered office at Gouden-Rivierlaan 62, 8501 Kortrijk, Belgium, registered with the Crossroads Bank for Enterprises under number 0753.816.692, which uses its website to deliver biomarker analysis services (within the broadest sense of the terms DNA analysis, microbiome analysis and blood analysis and also data from wearables, ingestibles, embeddables, etc) in Belgium in a health and wellness context, and also offers online consultations with a dietician selected by the customer.
These general terms and conditions are applicable to every product and/or service that the vendor offers and to every distance contract concluded between the vendor and the customer. Use of one of the vendor’s websites automatically implies the applicability of these general terms and conditions.
On or more of the provisions of these general terms and conditions can only be deviated from subject to written consent that explicitly demonstrates such consent to said deviation or deviations. In that event, the remaining provisions of these terms and conditions remain applicable in full.
Prior to the distance contract being concluded, the text of these general terms and conditions is made available to the customer. Where such is not reasonably possible, prior to the distance contract being concluded it shall be stated that the general terms and conditions are available for inspection at the vendor’s and shall be sent to the customer free of charge as soon as possible at the latter’s request.
If the distance contract is concluded electronically then, deviating from the previous paragraph and prior to the distance contract being concluded, the text of these general terms and conditions shall be made available to the customer in electronic form in such a manner that they can be easily saved on a durable medium by the customer. If such is not reasonably possible, then it shall be stated prior to the distance contract being concluded where the general terms and conditions can be perused in electronic form and that they shall be sent to the customer electronically or in another manner free of charge at the latter’s request.
BiometriQ has the right to amend these general terms and conditions at any time, without such impacting upon orders placed before such an amendment.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the customer to properly assess the range on offer. Where the vendor employs images then they are a faithful interpretation of the products and/or services on offer.
Every offer contains sufficient information to make it clear to the customer what rights and obligations are bound to the acceptance of the offer. Specifically, this pertains to:
the price;
any taxes;
delivery costs;
the manner in which the contract shall be included and the actions required to do so;
whether or not the right of whitdrawal is applicable;
the payment method and the delivery or performance of the contract;
the period for accepting the offer or the period for which the price is valid;
the minimum duration of the distance contract in the event of a contract that entails the continuous or periodic delivery of products or services.
The contract is entered into if the customer has accepted the offer (electronically) and the vendor has forthwith confirmed (electronically) receipt of the customer’s acceptance of the offer. While the vendor has not yet confirmed receipt of this acceptance, the customer can cancel the order.
Confirmed consultations can be rescheduled by the customer or by the vendor or an affiliated dietician up to 24 hours in advance, using a new booking link. Purchased consultations cancelled by the customer within 24 hours of the consultation shall under no circumstances be refunded. In the event that a purchased consultation is cancelled by the vendor or an affiliated dietician within 24 hours of the consultation, then the vendor shall refund the payment as soon as possible and no later than within 14 days after the cancellation.
If the contract is concluded electronically, then the vendor shall adopt suitable technical and organisational measures to ensure the security of the electronic transfer of data and shall provide a secure online environment.
The vendor can verify whether the customer is able to fulfil their payment obligations and acquire information on all those issues and factors that are relevant to concluding a distance contract in a responsible manner. If the vendor has grounds, on the basis of this investigation, for not entering into the contract, then the vendor is entitled to decline an order or application or to attach special terms and conditions to the performance of the contract, stating reasons therefor.
All prices are in EUROS (and, where applicable, in other international currencies such as GBP and USD) and are inclusive of VAT and taxes.
The price stated by the vendor in the confirmation provided, pursuant to article 5 of these general terms and conditions, is payable by the customer.
Manifest or evident errors in the pricing, such as obvious errors, can be corrected by the vendor after the contract is concluded within a reasonable period. Any delivery costs are payable by the customer.
The vendor reserves the right to adjust the prices and the offer on one of the websites at any time. The prices for the products and/or services offered are not increased for the period stated in the offer for which they are valid, notwithstanding pricing adjustments as a result of changes to the VAT rate.
Before the customer executes a purchase order, they have the opportunity to view, verify and accept the full sum that shall be charged for the order.
In order to guarantee the security of the online transactions, the vendor works together with accredited payment partners and credit card providers. Online payments are consequently performed via a closed security system that ensures that banking details are always encrypted when sent using the internet. The loss or theft of your identity or credit card details are thus kept to a minimum. This means that any cases of identity theft or financial theft cannot be invoked against the vendor.
The vendor is not a party to the relationship between the customer and the card provider. If the customer opts to pay by credit card, then the terms and conditions of the card provider in question are applicable to that payment. All costs, irrespective of their nature, incurred by the vendor as a result of nonfulfillment of their payment and other obligations by the customer are moreover payable by the customer.
Upon purchasing products, the customer has the option to terminate the contract during a period of fourteen days, starting on the day of receipt of the product by or on behalf of the customer.
During this cooling-off period the customer shall treat the product and the packaging with care. If they exercise their right of withdrawal, they shall return to the vendor the product and all included accessories and – where reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the vendor.
The products offered by the vendor are hygienic products. Once opened, a test product can no longer be used or sold. It is for this reason that the vendor employs a limited right of withdrawal under which only products that are defective can be returned after being opened. The vendor is unable to accept products that work properly once they are opened or used.
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If the customer exercises their right of withdrawal, then only the costs for returning the product are payable by the customer. If the customer has already paid a sum, the vendor shall refund that sum as soon as possible.
The purchase of services consisting of the delivery of digital content that is not contained on a tangible medium must however be considered as an exception to the right of withdrawal, as (i) the customer consented to the commencement of these services, and (ii) the customer acknowledges that they thereby lose their right of withdrawal. The same holds for services (such as consultations) that are performed prior to the conclusion of the withdrawal period or reservations placed for services.
The vendor shall exercise the customary degree of care that could be expected of a comparable business in fulfilling the orders of products and/or services, as well as with respect to assessing applications for the provision of services.
Consultations are conducted online at a time selected by the customer.
The delivery location for the ordered products is the address that the customer provided to the vendor.
The vendor shall fulfil the orders of products no later than within 45 days, unless a longer lead time has been agreed to. If there are delays to the delivery or if a delivery cannot be fulfilled or only partially fulfilled, the customer shall be notified thereof no later than 30 days after placing the order. In that event, the customer has the right to terminate the contract free of charge and is entitled to compensation, where applicable.
In the event of the contract being terminated in accordance with the previous paragraph, the vendor shall refund to the customer the sum paid by the customer no later than within 30 days of said termination.
If the delivery of an ordered product or performance of a service is not possible, the vendor shall make every effort to make a substitute product or service available. The vendor shall state in a clear and comprehensible manner, no later than at the time of the delivery or performance, that a substitute product or service is being delivered/performed. When a substitution is not possible or is disproportional, the vendor shall refund all received payments, including the delivery costs.
The vendor is not liable for late deliveries of products or performance of services or for a delivery that goes missing due to third parties or force majeure.
The vendor warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in effect on the date of the contract’s formation.
If the vendor is required to pay compensation to the customer, irrespective of the reason therefor, then such compensation shall be limited to the sum equal to the invoice value of the purchased product and/or services.
The vendor disclaims liability for:
(partial) repayments, or the lack thereof, by a mutual health insurance fund for the products or services offered by the vendor;
damage sustained in the event of the poor or incorrect use of the products. First read the user instructions. If the user instructions are not (properly) followed, the reliability of the test results can be affected;
the absence of medical advice;
damage attributable to the absence of or inadequate specialist follow-ups by a (para)medical professional. The analyses provided by the vendor are solely for informational purposes;
possible changes to the products introduced by the manufacturer, errors in the manufacturer’s package insert of technical defects to products, insofar as such is permitted under the applicable legislation;
differences between the photographs on the website and the delivered products. These photographs are for informational purposes only;
the content of the other internet websites that the customers can click on via one of the websites.
Information and declarations provided by the vendor or by affiliated dieticians, including information pertaining to medical and health conditions, products and treatments, are for informational purposes only. The information is not intended to diagnose, treat, cure or prevent any disease or condition. The information is not intended to serve as professional medical advice or as a substitute therefor. The customer agrees that they shall always seek medical advice from a pharmacist, general practitioner, other medical doctor or qualified healthcare provider when commencing a new medical treatment, continuing medical treatment or for any questions they may have about their medical condition or another person’s medical condition. None of the services provided by the vendor or affiliated dieticians are intended or must be considered as a medical diagnosis or treatment.
The vendor does not guarantee that any information contained on or linked to any of the websites is complete and/or accurate. Information is frequently presented in summarised form.
When using the vendor’s services, the customer agrees:
1. to provide true, accurate, current and complete registration information about themselves, as requested in forms on the website or elsewhere;
2. to update this registration information and update it forthwith so that it stays true, accurate, up-to-date and complete.
If the customer provides information that is untrue, inaccurate, not current or incomplete, or if the vendor has reasonable grounds for believing that such information is untrue, inaccurate, not current or incomplete, then the vendor can terminate or suspend the registration and all current and future use of the site.
The customer is responsible for ensuring their password and registration are not divulged and is responsible in full for all activities that occur using their password and registration details. The customer agrees to notify the vendor forthwith of the unauthorised use of their password or account or any other security breach.
The information provided by the customer is required for the processing and completion of the orders, drawing up invoices and the performance/delivery of the services/results. The personal data of the customer shall be processed solely in accordance with the applicable privacy policy which can be viewed on the vendor’s websites. The vendor shall not process any personal medical data without the explicit consent of the customer.
Insofar as the statutory conditions are satisfied, the customer has the right to the statutory guarantee for defects to the delivered goods and/or services.
Complaints concerning the performance of the agreement that are not attributable to force majeure, an incorrect action on the part of the customer or a third party or to standard wear and tear, must be submitted to the vendor within a reasonable period, detailed clearly and in full, after the customer has established the existence of such defects.
The vendor shall respond to the submitted complaints within a period of 14 days as of the date of receipt. If a complaint is anticipated to take longer to process, the vendor shall respond within a period of 14 days with a notification of receipt of the complaint and shall provide an indication of when the customer can expect a more comprehensive response.
If a customer has a dispute with a vendor and has already approached that party in respect of the dispute, then the customer has the option to request advice from or submit a complaint to the Belgian Consumer Mediation Service (Consumentenombudsdienst)
(https://consumentenombudsdienst.be/nl) or the EU ODR Platform (http://ec.europa.eu/consumers/odr/).
Belgian law is exclusively applicable to all contracts concluded between the customer and the vendor.
All disputes pertaining to or arising from offers from the vendor or agreements concluded with that party fall under the sole jurisdiction of the courts of the court district, pursuant to articles 624.1, 624.2 and 624.4 of the Judicial Code. Moreover, the vendor is also authorised to bring a dispute before any other court that is competent, in accordance with the applicable legislation, to hear such matters.
If any provision in these general terms and conditions or any contract is unenforceable or in conflict with imperative law, this shall not affect the validity and the enforceability of the remaining provisions, nor the validity and enforceability of that part of the relevant provision that is not unenforceable or in conflict with imperative law. In such an event, the customer and the vendor shall immediately negotiate in good faith for the purpose of replacing the invalid or unenforceable provision with a provision that is valid and enforceable, and which corresponds as closely as possible to the intention underlying the invalid or unenforceable provision.
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