Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE OF SPORTS NUTRITION ADVICE & DISTRIBUTION BV – B2C
Article 1. Applicability of the General Terms and Conditions of Sports Nutrition Advice & Distribution BV
The e-commerce website of Sports Nutrition Advice & Distribution BV (hereinafter referred to as "SNAD") offers its customers the option to purchase products from its webshop online. These general terms and conditions are available on the website: https://6dsportsnutrition.com and form an integral part of every agreement concluded between SNAD and the customer. Any order via the SNAD webshop constitutes an unconditional and full acknowledgment by the customer of these general terms and conditions for present and future transactions, notwithstanding any conflicting provision in the customer's conditions of any nature. Deviating conditions or agreements are only valid after explicit written acceptance by SNAD.
Article 2. The Offer and Conclusion of an Agreement
The customer places an order on the SNAD website: [https://6dsportsnutrition.com](https://6dsportsnutrition.com). The customer is bound to the order once SNAD has confirmed it. An order from a customer is complete, and the agreement between SNAD and the customer is definitive once SNAD receives approval from the card issuer for the credit or debit card payment transaction. SNAD accepts Bancontact, iDEAL, Maestro, Visa, Mastercard, and Giropay. Orders are shipped to the customer as soon as SNAD has received full payment for the ordered products. If the card issuer refuses to approve the payment, SNAD cannot be held responsible for delays in delivery and/or non-delivery of the placed order. Orders without valid and timely payment by the registered cardholder will not be accepted or processed.
To ensure secure online payments as well as the protection of personal data, all transaction data transmitted via the internet is encrypted using SSL technology.
The offer is valid as long as stock lasts and can be modified or withdrawn by SNAD at any time. SNAD cannot be held liable for the unavailability of a product. All offered products are described as completely and accurately as possible. The description will be sufficiently detailed to allow the customer to make a proper assessment of the offer. If photos are used, SNAD will strive to ensure that they accurately represent the offered products.
Article 3. Prices
Unless otherwise agreed between the parties, all payments must be made prior to shipping the ordered products and fully settled via the payment modules available on the SNAD website. Prices include VAT and also include shipping costs unless otherwise agreed. Additional customs costs may apply for purchases outside the EU. Shipping costs are calculated based on the provided details before the order is placed. The shipping costs can be consulted on the SNAD website under "Shipping."
Unilateral price adjustments are possible in case of inflation and/or cost increases, including but not limited to costs of goods, raw materials, transportation, fuel, labor, tax increases, and currency exchange rate fluctuations. Other price adjustments are only possible with written agreement from both parties.
Article 4. Right of Withdrawal in Consumer Purchases
The customer has a statutory right to withdraw from the agreement within a period of fourteen (14) days in accordance with Articles VI.47-VI.53 of the Economic Law Code. For sales agreements, the period of fourteen (14) days expires after the day on which the customer or a third party designated by the customer, who is not the carrier, takes physical possession of the goods.
During this period, the customer must handle the order and packaging with care. The customer may only unpack or use the order to the extent necessary to determine whether he/she wishes to keep the product. If the customer exercises the right of withdrawal, he/she must return the product with all accessories provided and, if reasonably possible, in the original condition and packaging to SNAD.
To exercise the right of withdrawal, the customer must inform SNAD in an unambiguous manner (e.g., by letter or email) before the withdrawal period expires. The customer does not have to provide a reason for the withdrawal.
If the customer withdraws from the agreement, SNAD will refund the customer for the payment received for the purchase of the product immediately and within a maximum of 14 calendar days from the day SNAD receives notification of the withdrawal. No fees will be charged for this refund. SNAD may refuse the refund until SNAD receives the returned products.
The customer bears the direct costs of returning the goods. The customer must return the goods to SNAD immediately and, in any event, within a maximum of fourteen (14) calendar days from the day on which the customer informs SNAD of the withdrawal from the agreement. The period is deemed to be observed if the customer sends the goods before the expiration of the fourteen (14) calendar days.
Communication regarding the exercise of the right of withdrawal should be via email: info@6d.eu.
Article 5. Delivery Times
All products are delivered to the address provided by the customer at the time of order placement. The delivery is strictly limited to the products described in the agreement. Any deviation requires written confirmation. Delivery times are determined based on supplier availability and are subject to any unforeseen circumstances beyond SNAD's control and the conditions described in Article 9 of these general terms and conditions.
Delivery times are communicated to the customer via email. Additionally, the customer will receive a notification from SNAD once the order has left SNAD's premises, along with a track-and-trace code for the order. The delivery period begins no earlier than when the order is placed and, where applicable, once the payments have been made as agreed and the customer's other obligations have been fulfilled.
When delivery from stock is offered, SNAD reserves the right to intermediate sales. If a product is in stock, the delivery period is normally 2 to 5 working days from the order placement and customer payment.
Any delay does not give the customer the right to cancel the order(s), refuse receipt, or claim any compensation, except after sending a registered notice of default with a remediation period of 30 working days, giving SNAD time to take corrective measures. The customer cannot claim compensation if the delay is not attributable to SNAD.
The delivery period is extended by the time during which the following situations exist:
- If the data SNAD needs to carry out the task is not provided in time or is changed later by the customer;
- If obstacles arise as specified in Article 9, regardless of whether they occur within SNAD's business, that of the customer, or a third party;
- If a third party makes an error;
- If the customer is late in fulfilling contractual obligations, particularly payment terms.
Article 6. Transfer of Risk
Regarding the delivery of ordered products, the customer is responsible for any damage or loss of the ordered product once the customer takes possession of the delivered product from the carrier.
Article 7. Packaging
The products are packaged in a manner commonly used in the trade to protect them under normal circumstances.
Article 8. Transport and Insurance
In the event of the delivery of the ordered products, whether in Belgium or abroad, SNAD is responsible for delivering the products and bears the risk up to the final destination. Once SNAD has delivered the products to the customer, the customer assumes the risk.
If the ordered products are delivered to the customer, the customer must immediately record and document any complaint regarding the transport of the products with SNAD or the carrier upon receipt of the products or the associated transport documents.
If delays or damage occur during transport, the customer is obliged to file a complaint with SNAD or the third-party carrier and possibly claim compensation proportionately. In the event of a delivery delay for ordered products abroad caused by a third-party carrier, the customer must also inform SNAD. However, such a claim for compensation does not release the customer from any payment obligations to SNAD.
The customer must ensure that the products can be delivered in a normal manner at the agreed place and time, including ensuring the accessibility of the delivery location. If this is not met, the customer is obliged to compensate SNAD for any damages, including waiting times, storage costs, and preservation costs of the goods.
Article 9. Unforeseen Circumstances
Any circumstances that were reasonably unforeseeable at the time of the order and that make the full or partial execution of the agreement financially or otherwise impossible will be considered unforeseen circumstances, giving SNAD the rights outlined below.
Unforeseen circumstances include (but are not limited to): force majeure (such as epidemics, wars), production stoppages, production reductions, strikes, damage to production facilities, non-delivery, late delivery, or incorrect delivery by SNAD’s suppliers, errors by third parties, government measures, and other unforeseen circumstances of a similar nature, as well as all consequences of such events and situations.
When these circumstances cause a delay in delivery or make delivery impossible, SNAD has the right to:
- Suspend the delivery;
- Withdraw from the agreement;
- Modify the assignment in such a way that its execution becomes reasonably possible;
without the customer being entitled to claim compensation for the delay or any damage resulting from the delay.
The period for fulfilling obligations will be extended for the duration of the unforeseen circumstance. If the unforeseen circumstance affects product delivery, SNAD will arrange a new delivery date with the customer once the unforeseen circumstance is over.
Article 10. Retention of Title
All products remain the exclusive property of SNAD until full settlement of the invoice or other claims from open accounts, including any costs, interest, and penalty payments owed by the customer.
Article 11. Intellectual Property Rights
All property rights, both intellectual and otherwise, for all images, texts, logos, names, communications, the website, etc., as well as data on information carriers in the broadest sense, belong to SNAD.
The properties described in the previous article may not be shared with third parties, copied, or reproduced in any way without SNAD's explicit written permission.
The customer is prohibited from making changes to anything for which SNAD explicitly holds ownership rights, without SNAD's written permission.
All trademarks, service marks, trade names, logos, and domain names of SNAD and all other functionalities of the SNAD brand are the exclusive property of SNAD or its licensors. The agreement does not grant the customer any right to use these for commercial or non-commercial purposes.
The customer is obliged to immediately notify SNAD of any claims or attempts by third parties to seize or claim property owned by SNAD.
Article 12. Warranty and Complaints
SNAD complies with all applicable laws and regulations and meets the normal expectations consumers may have based on product specifications. If products delivered by SNAD are damaged during transport, do not match the items listed on the packing slip, or do not meet the customer's order, the customer must notify SNAD as soon as possible, no later than eight (8) calendar days from the date of delivery. The notification should be sent via email with acknowledgment of receipt, or the articles must be returned to SNAD at the customer’s risk and expense within fourteen (14) calendar days from the date of delivery.
The warranty is limited to the free replacement of the delivered products without any obligation to pay damages for any cause, provided the non-conformity already existed at the time of the transfer of risk. The customer bears the burden of proof for this.
If the customer has a complaint, they can contact SNAD via the following email address: info@6d.eu.
Article 13. Limitation of Liability
SNAD is only liable in cases of intent or gross negligence by SNAD or its appointees, except in cases of unforeseen circumstances as described in Article 9 of these general terms and conditions.
This does not apply to third parties engaged by SNAD. The customer indemnifies SNAD against claims from third parties as well as all actions and claims relating to breaches of intellectual or industrial property rights.
SNAD's liability to the customer as described in the previous paragraph can be compensated up to 100% of the invoice value, excluding VAT, unless SNAD opts to remedy the shortcoming. The total liability limit does not apply in cases of bodily injury, fraudulent or intentional actions, or omissions. In cases of insurance coverage, the total liability limit is extended to the total amount paid by SNAD’s insurers on behalf of or to SNAD to settle or satisfy the customer's claims, subject to the terms of SNAD’s applicable insurance policies.
SNAD is not liable for any indirect damage (e.g., financial and/or commercial losses, loss of profits, increase in general costs, disruption of planning, etc.).
Despite the fact that the online catalog and e-commerce website are compiled with the utmost care, it is possible that the offered information is incomplete, contains material errors, or is not up-to-date. Obvious errors or mistakes in the offer do not bind SNAD. SNAD is only bound by a best-effort obligation concerning the accuracy and completeness of the information provided. SNAD is not liable for any material errors, typographical errors, or for the unavailability of a product.
SNAD is also not liable for any delay in the fulfillment of its obligations under the agreement or for non-performance of these obligations insofar as the delay and/or non-performance is due to an external unforeseen cause beyond its control, as described in Article 9 of the general terms and conditions.
Article 14. Cookie Policy and Privacy Policy
If applicable, SNAD collects all (personal) data of the customer necessary to execute the agreement. The customer can find all details regarding this in the privacy policy available on the SNAD website.
Would you like to review SNAD’s cookie and privacy specifications again? Visit the website: https://6dsportsnutrition.com/en/cookie-policy and https://6dsportsnutrition.com/en/privacy
Article 15. Validity Clause
The invalidity of any (part of) a provision of these general terms and conditions for any reason does not affect the validity of all other (parts of) provisions.
Article 16. Privacy and Processing of Personal Data (GDPR)
If applicable, SNAD collects all necessary data from the time of order to invoicing, including the customer's name, address, phone numbers, email address, and any other customer information necessary to execute the agreement. This data is shared with third parties, such as carriers and suppliers, engaged by SNAD to carry out the order. SNAD acts as the Controller, and the third party acts as the Processor within the meaning of Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, on the protection of individuals concerning the processing of personal data and the free movement of such data, repealing Directive 95/46/EC and the Act of July 30, 2018, on the protection of individuals regarding the processing of personal data.
The customer has the following rights: the right to access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object, and the right not to be subject to automated decision-making. The customer can invoke these rights at any time by contacting SNAD using the contact details provided in the order: SNAD | Kalkstraat 3 2060 Antwerp | +32 (0)3 830 17 04 | info@6d.eu.
If the customer has complaints regarding the processing of their personal data, they can contact SNAD at the above address for an internal solution, or they can file a complaint with the Data Protection Authority [Drukpersstraat 35, 1000 Brussels | +32 (0)2 274 48 00 | +32 (0)2 274 48 35 | contact@apd-gba.be].
Article 17. Disputes
All agreements with SNAD are governed by Belgian law. Any disputes arising under this Agreement will be resolved by the competent Belgian courts as stipulated in Article 624 1°, 2°, and 4° of the Judicial Code.
