Article 1: Scope of application
3ACTION SPORTS NUTRITION
Ravenshout Z 5 2.48
VAT: BE 0465 353 144
These Terms and conditions of sale (TCS) govern the sale of products (the "Products") via the website www.3action.be, www.3action.es, www.3action.fr, www.3action.de, www.3action.eu, www.3action.jp, www.3actionshop.be, www.3actionshop.com , www.3actionshop.fr, www.3actionshop.jp, www.3actionshop.de, www.3actionshop.es (the "Website") between the consumers (the "Customer") and 3ACTION SPORTS NUTRITION / LUKED BVBA ("3ACTION").
Any order placed by the Customer implies his/her agreement with the TCS without reservations. The GTS are the only applicable terms in 3ACTION's relationship with its Customers, to the exclusion of any document emanating from the Customers. These TCS may be modified at any time by 3ACTION. The applicable TCS are those in force on the date on which the order is placed.
The Customer declares he/she is of legal age and enjoys full legal capacity to commit to these TCS. The Customer declares that his/her purchase of Products is unrelated to his/her work and is intended solely for private use.
Article 2: Orders
Product orders shall only take place via the Website following the described procedure. The order is firm and final once the Customer has confirmed his/her order by clicking on the "Confirm" tab. Once the order has been confirmed, the Customer receives a confirmation email which serves as 3ACTION's acceptance of the order.
The Customer agrees to provide true and accurate information. 3ACTION reserves the right to cancel or not confirm an order in case of non-payment, an incorrect address or another problem relating to the user's account.
Article 3: Prices
The price of the Products displayed on the Website is in Euros and is inclusive of all costs and taxes except (1) shipping costs and (2) customs and importation costs for deliveries outside of the European Union. 3ACTION reserves the right to change prices at any time but agrees to charge the Customer, the prices that were applicable on the moment of order.
Belgium, Netherlands, Luxembourg, France and Germany: for orders <30€: 6€, for orders >30€: 0€
Spain (incl. Andorra, Balearics, Canarian islands), Portugal, UK, Austria and Italy: for orders <50€: 10€, for orders >50€: 0€
Japan, South-Korea, Hong Kong, Taiwan, Thailand, China, Singapore, Malaysia, Philippines, Indonesia and Vietnam: for orders <50€: 20€, for orders 50€ - 100€: 30€, for orders 100€ - 150€: 40€, for orders >150€: 50€
Canada and the United States: for orders <50€: 15€, for orders 50€ - 100€: 25€, for orders 100€ - 150€: 30€, for orders >150€: 40€
Article 4: Payment
Payment is made online by a secured transaction via Icepay (VISA, Mastercard, Paypal, Ideal, Bancontact/Mr. Cash, Carte Bleu, JCB). Icepay is a secured payment platform, that will check the validity of your credit card, card number, etc.
Article 5: Delivery
The products ordered by the Customer shall be delivered to the address the Customer indicates when placing the order. The Customer is responsible for verifying the accuracy of the information entered before confirming the order. In case of errors, 3ACTION may not be held responsible for the possibility of not being able to deliver the order.
Normal delivery times for the orders are:
- For Belgium, Netherlands, Luxembourg: 1 to 2 working days after receiving the payment
- For France, Germany, Italy, Spain, Portugal, UK and Austria: 2 to 3 working days after receiving the payment
- For the rest of the world: 3 to 5 working days after receiving the payment
If the product is not in stock or in case of late payment, 3ACTION reserves the right to postpone delivery. In case of a long-term stock shortage 3ACTION shall inform the Customer. The Customer is entitled in such cases to cancel the order. A single order can be delivered in several different shipments.
Article 6: Waiver
In accordance with the Belgian Law on Trade Practices and Consumer Information and Protection, the Customer has the right to notify 3ACTION he/she cancels the purchase without penalty and without giving any reason within fourteen (14) business days of the day following delivery of the product. In such cases, the Customer must return the products to 3ACTION intact and unopened at his/her own expense. 3ACTION will issue a full refund for the Product within thirty (30) days of receipt. Before any return, the Customer must contact 3ACTION by email at firstname.lastname@example.org. No refund shall be given for products which are opened, damaged, soiled, partially used or returned incomplete by the Customer.
After a period of fourteen (14) business days, delivery of the product shall be considered satisfactory and, unless the product has some hidden defect, no claim may be sent to 3ACTION.
Article 7: Responsibilities
Products comply with Belgian and European regulations. 3ACTION may not be held responsible for the non-compliance of products with applicable legislation in other countries. 3ACTION reminds its customers that the products are food supplements that cannot substitute a balanced diet and healthy lifestyle. The Products are not medicines. The Customer is solely responsible for his/her choice of Products, their storage and their use. The responsibility of 3ACTION is limited in any case to the refunding of the Product.
3ACTION accepts no liability in case of force majeure, including stock shortages, government actions, strikes (including by suppliers or the usual carriers), or if the information provided by Customer is incorrect or incomplete.
Article 8: Retention of ownership
The transfer of ownership of the Products is subject to payment in full and without reservation of the price (including postage and packaging), it being understood that the Customer assumes the risk of damage caused to and by the Products during transport.
Article 9: Information available on the Site
Despite the precautions taken by 3ACTION, inaccuracies, imprecision or omissions may occur in the updating of the information contained on the Site. 3ACTION may not be held responsible for these inaccuracies, imprecisions or omissions, including cases in which the price displayed on the Site is clearly wrong.
The photos, illustrations and descriptions accompanying the products on the Site have no contractual value and therefore cannot incur the liability of 3ACTION in case of errors.
Article 10: Personal data protection
3ACTION undertakes to process the data that the Customer enters on the site in accordance with applicable law, the Belgian Data Protection Act of 8 December 1992 concerning the processing of personal data. Customer data is used by 3ACTION to send the Customer commercial offers or information about its products. In accordance with regulations, each Customer has the right to access, correct or delete data concerning him/her by contacting 3ACTION.
Article 11: Intellectual property
All elements of the Site (brands, names, packagings, compositions, logo’s, etc.) are and remain the exclusive property of 3ACTION SPORTS NUTRITION / LUKED BVBA. Reproduction in whole or part of the Site, or any text, picture, design, etc. appearing on the Site, is strictly prohibited.
Article 12: Applicable law
Any dispute which cannot be settled amicably shall be settled by the Commercial Court of Hasselt, Belgium, in Dutch. Only Belgian law shall apply.