Terms of service
Identity of the seller
BASED Nutrition (VAN BUEL BV)
Address: Zonnestraat 31
9100 Nieuwkerken-Waas (Belgium)
Email address: info@basednutrition.eu
Billing address: billing@basednutrition.eu
Company number: BE0757.494.576
Bank account number: BE92068939153623
Article 1 - General
1.1. These general terms and conditions (GTC) apply to all agreements concluded by BASED Nutrition with consumers. For the purposes of these GTC, a consumer is understood to be any natural person who acquires or uses products or services placed on the market for exclusively non-professional purposes. These GTC take precedence over all written or printed conditions of the buyer. By placing an order, the buyer declares to agree with these GTC.
1.2 Deviations from or additions to these GTC are only valid if they have been accepted in writing and in advance by BASED Nutrition. BASED Nutrition reserves the right to change these GTC. Upon further use of the BASED Nutrition website or placing a new order, the new GTC are immediately applicable.
1.3. We only deliver in Belgium and our shipping area within the European Union (EU). If the buyer specifies a delivery address in another country, we may refuse the order.
1.4. By placing an Order, the buyer confirms that they are at least 18 years old, or are acting under the supervision of a parent or legal guardian. The buyer accepts that the products can only be administered by a person over 13 years of age. BASED Nutrition reserves the right to request proof of age from any user of the BASED Nutrition website. BASED Nutrition may block access if it believes that the buyer does not meet the above criteria.
Article 2 - Offer and Products
2.1. The offer on www.basednutrition.eu consists of supplements of animal and plant origin.
2.2. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2.3. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer. The images on the website are purely illustrative but provide a true representation of the Products offered.
2.4. Each offer contains such information that it is clear to the buyer what the rights and obligations are, which are attached to the acceptance of the offer.
Article 3 – Orders
3.1. The order is an offer from the buyer to BASED Nutrition to purchase the Products specified in the order. BASED Nutrition will send an order confirmation to the buyer confirming the proper receipt of the order and displaying the details of the order (the Order Confirmation). Unless the Order Confirmation explicitly states otherwise, the order confirmation only confirms that BASED Nutrition has received the order but not that BASED Nutrition accepts the buyer's offer to purchase the Products.
3.2. Unless the order confirmation already mentions the acceptance of the order, this acceptance will be sent in a separate email prior to the shipment of the products.
3.3. If the issuer of the buyer's payment card refuses to agree to the payment to BASED Nutrition, BASED Nutrition cannot be held responsible for delays in delivery and/or non-delivery of the order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
Article 4 – Subscriptions
4.1. The buyer can opt to subscribe - if a subscription option is offered - for an indefinite period with an automatic monthly, bi-monthly, or tri-monthly delivery frequency. A subscription thus allows for the periodic receipt of products. The buyer can adjust the frequency of shipments at any time, according to the possibilities offered by the subscription in this regard.
4.2. The buyer can cancel a subscription at any time, via the customer portal or by sending an email to info@basednutrition.eu. After cancellation, it is always possible to reactivate the subscription via the customer portal. The cancellation proceeds in accordance with the rules as stipulated in art. 13.
4.3. To enable the choice of a subscription formula, BASED Nutrition uses the services of the third-party Shopify Recharge. Orders that proceed via a subscription only create commitments between the buyer and BASED Nutrition as the seller.
Article 5 – Price, invoice and payment
5.1. The applicable prices are those displayed on the BASED Nutrition website at the time of the Order. When processing an order, BASED Nutrition checks for any unintentional material errors in the prices displayed on the website.
5.2. Unless explicitly stated otherwise, all prices are in EUR, including VAT, duties, and taxes. Any other separate costs are not included, such as, among others, under Article 13.
5.3. When products are ordered that must be delivered to a country other than the country from which the products are shipped, it is possible that the buyer will be liable for certain import duties or excise taxes, which are levied when the package reaches the destination specified by the buyer and which cannot be estimated by BASED Nutrition. All customs duties are at the expense of the buyer.
5.4. If the buyer requests an invoice or if they are a VAT-liable person, they accept to receive electronic invoices. When applying a VAT number, the buyer will provide the VAT number to info@basednutrition.eu or billing@basednutrition.eu prior to the sending of the invoice.
5.5. BASED Nutrition only accepts payment via the payment modules on the website. We accept a variety of payment methods through Shopify Payments, including Visa, Mastercard, American Express, Maestro, UnionPay, Shop Pay, Apple Pay, Google Pay, and various local European options such as Klarna, Bancontact, and iDEAL, depending on your country of residence. In countries where a currency other than € is used, only the following payment methods are available: Visa, Mastercard, Apple Pay, Google Pay. For subscriptions, it is also limited to credit cards: Visa or Mastercard.
5.6. Payments are made online. Online payments are secured and take place via a secure server. In case of payment by bank transfer, after agreement from BASED Nutrition and upon request via info@basednutrition.eu, the goods will only be delivered after receipt of the payment, which BASED Nutrition must receive no later than 7 days after sending the payment invitation. In the absence of payment within the set period, BASED Nutrition is entitled to terminate the Agreement, in which case no further obligation rests on BASED Nutrition.
5.7. The buyer is not entitled to deduct any amount from the purchase price on account of a counterclaim he has against BASED Nutrition. Set-off is therefore excluded. Discounts are not accepted unless explicitly indicated on the website.
5.8. If the buyer as a consumer pays late, the buyer will first receive a free written reminder. If the buyer does not pay within 15 days of receiving this reminder, an interest of 10% will be charged and the amount due will be increased as follows: 20 euros if the outstanding balance is less than or equal to 150 euros; 30 euros plus 10% of the amount due on the bracket between 150,01 and 500 euros if the outstanding balance is between 150,01 and 500 euros; 65 euros plus 5% of the amount due on the bracket above 500 euros with a maximum of 2000 euros if the outstanding balance is higher than 500 euros.
5.9. If the buyer as a non-consumer pays late, then an interest of 10% per year on any amount that is paid late will be charged by operation of law and without further notice of default, increased by a lump sum equal to 10% of the unpaid amount with a minimum amount of EUR 25.00 to compensate for administrative and collection costs. The interest due is calculated per day that the payment is late, and this until the date of full payment. Without prejudice to the foregoing, all costs and expenses that BASED Nutrition must incur for the collection of overdue payments (including but not limited to reasonable attorney's fees, expert costs, court fees, and other legal costs) are for the account of the buyer.
5.10. Any payment made by the buyer shall first serve to settle the judicial and extrajudicial costs and the interest owed by the buyer, and will then be used to settle the oldest outstanding payment invitation.
Article 6 – Delivery
6.1. All goods and services are delivered to the address indicated by the buyer at the time of the order. The shipping costs (fulfillment) will be charged additionally. BASED Nutrition refers to its shipping and refund policy for this. Delivery will only take place after receipt of payment.
6.2. Most goods are available from stock. If a Product is not available at the time of the Order, BASED Nutrition may inform the buyer of this and refuse the Order. In that case, the buyer has the option to have the amount refunded or to postpone the delivery if the goods are back in stock within 30 days.
6.3. If the articles are in stock, the delivery time is in principle 1 to 5 working days. BASED Nutrition informs the buyer of the delivery time in the order confirmation. The delivery time is a purely indicative period for which BASED Nutrition cannot be held liable. If the delivery period lasts longer than 30 days, BASED Nutrition will refund the amount paid.
6.4. If BASED Nutrition does not notify the buyer before the expiry of the initially foreseen delivery date, then the buyer as a consumer may, upon the expiry of that term, immediately terminate the agreement free of charge. BASED Nutrition will then refund the buyer within 30 days of the termination.
6.5. BASED Nutrition is not responsible for any consequential damage due to late delivery or non-delivery by a carrier. The liability of BASED Nutrition remains in any case limited to the value of the articles which the buyer proves he has not received.
6.6. If the buyer does not comply with any obligation resting on him towards BASED Nutrition from the agreement, BASED Nutrition has the right to suspend further deliveries and services.
6.7. BASED Nutrition is not necessarily the producer of the Products. BASED Nutrition makes efforts to provide the buyer with complete and up-to-date information regarding the Products, but cannot guarantee that the information provided regarding Products manufactured by third parties is complete and correct. Prior to using the Products, the Buyer must consult the information on the packaging of the Products, on the product labels, and all warnings and instructions supplied with the Product.
Article 7 - Conformity and warranty
7.1. BASED Nutrition guarantees that the goods conform to the order and meet the normal expectations that the buyer may have of them, taking into account the specifications of the product. BASED Nutrition also naturally guarantees the buyer that its goods comply with all Belgian laws as they exist at the time of the order.
7.2. Should the delivered good not be in conformity with the order, the buyer as a consumer is entitled to the legal warranty of two years. Insofar as this is possible and reasonable, the buyer as a consumer has the choice between repair or replacement. Only when the repair or replacement is excessive or impossible, or cannot be carried out within a reasonable period, does the buyer have the right to demand a price reduction or the dissolution of the sales agreement.
7.3. Complaints based on hidden defects must be sent by e-mail to info@basednutrition.eu within a reasonable period after the discovery of the defect.
Article 8 - Liability
8.1. The liability of BASED Nutrition for all claims, arising from or in connection with the products or their use, is limited to the amount of the last delivery of the product intended for the buyer.
8.2. Furthermore, BASED Nutrition is only liable for willful misconduct and gross negligence, and only for the damage that is a direct and immediate consequence of the execution of the agreement between the buyer and BASED Nutrition. BASED Nutrition is in no case liable for indirect damage, including but not limited to loss of or missed revenue, loss of profit or other consequential damage.
8.3. The proposed products conform to Belgian legislation. The specific weight of the packaging may change based on the evolutions of the product range. BASED Nutrition reserves the right to add or remove products from its catalog at any time.
8.4. The photos and texts that illustrate and describe the product are purely illustrative and do not form part of the agreement. Consequently, BASED Nutrition cannot be held liable in case of errors in these photos or texts.
8.5. Hyperlinks may refer to websites other than that of BASED Nutrition. BASED Nutrition expressly declares that it has no control over the content of these hyperlinks and can in no case be held liable in the event that the content of these websites is contrary to the applicable legal and regulatory provisions.
8.6. Furthermore, the buyer confirms and declares to adhere to the conditions and precautions for the use of the products, as determined on the packaging or in the detailed product sheets on the BASED Nutrition website.
8.7. BASED Nutrition cannot be held liable for damage of any kind that may result from incorrect use of the products delivered to the buyer. The buyer undertakes to read the instructions and conditions of use prior to using the products and, in case of ambiguity, to contact the producers or BASED Nutrition as the seller in advance. BASED Nutrition is not responsible for any technical defects in the packaged goods or for incorrect information in the producer's conditions of use.
8.8. BASED Nutrition cannot be held liable for the tolerability and suitability of the products with regard to the specific situation of the buyer and the possible adverse consequences arising therefrom for the buyer. Nor can BASED Nutrition be held liable if the defect or damage is due to poor care, inattention, insufficiently specialized follow-up, or careless compliance with the instructions and conditions of use. The products offered by BASED Nutrition are intended for consumers who are in good physical health and have been consulted by a doctor regarding the products. BASED Nutrition accepts no liability for this.
8.9. BASED Nutrition cannot be held liable for any changes made by producers and/or suppliers to the composition of the products.
Article 9 - Force Majeure
9.1. In case of force majeure, BASED Nutrition is not obliged to fulfill its contractual obligations. In that case, BASED Nutrition can either suspend its obligations for the duration of the force majeure situation, or definitively dissolve the agreement. Because there is a case of force majeure, BASED Nutrition owes no compensation to the buyer.
9.2. Force majeure is any circumstance beyond the will and control of BASED Nutrition that partially or wholly prevents the fulfillment of the obligations. This includes, but is not limited to, strikes, fire, pandemic, business disruptions, energy failures, failures in a (telecommunication) network or connection or used communication systems and/or the unavailability of our website at any time, non- or untimely delivery from suppliers or other engaged third parties.
Article 10 – Delivery of the Products, transfer of risk and ownership
10.1. The risk transfers to the buyer (i) as soon as the buyer has physically taken receipt of the goods, or (ii) when BASED Nutrition ships the products to the buyer, as soon as they have been delivered to the buyer.
10.2. BASED Nutrition will inform the buyer of the delivery date and time of delivery of the products as soon as reasonably possible. Delivery times are always indicative and BASED Nutrition may make partial deliveries unless expressly agreed otherwise.
10.3. The Buyer must do everything necessary to ensure that the delivery can take place and is liable for the costs that BASED Nutrition incurs when the buyer does not cooperate with the delivery.
10.4. The products remain the full and exclusive property of BASED Nutrition until the full payment of the BASED Nutrition invoice for the Products (in principal, costs, and interest), even if they have already been delivered to the buyer.
Article 11 - Intellectual property
11.1. The website, logos, texts, photos, names, and all communication from BASED Nutrition in general are protected by intellectual property rights that lie either with BASED Nutrition, or with its suppliers or other rights holders.
11.2. It is forbidden to use and/or make changes to the intellectual property rights as described in this article. For example, no drawings, photos, names, texts, logos, color combinations, etc. may be copied or reproduced without the prior and express written permission of BASED Nutrition. BASED is a European registered wordmark.
Article 12 – Complaints
12.1. Complaints regarding the non-conformity of the delivery and visible defects must be communicated immediately at the time of delivery via e-mail (info@basednutrition.eu), in the absence of which any complaint will be considered inadmissible.
12.2. Submitting a complaint does not release the buyer from his payment obligations.
12.3. A return shipment must be postage-paid and without cost to BASED Nutrition and will only be accepted by BASED Nutrition after it has given its prior written consent.
Article 13 – Returns / right of withdrawal
13.1. In accordance with Book VI of the Code of Economic Law and the information and protection of the consumer, the buyer, in his capacity as a consumer, enjoys a right of withdrawal. For all non-personalized products, the buyer has the right to return the order within fourteen working days of receipt, without giving a reason. To do so, the buyer informs BASED Nutrition of their wish to return the product, and does so within fourteen days of notifying BASED Nutrition of the withdrawal, whereby any shipping instructions from BASED Nutrition must be followed.
13.2. The buyer will receive a refund of the purchase price of the product within two weeks of receipt of the return, provided that BASED Nutrition has received the Product back with sufficient postage and in a timely manner. These shipping costs of 6,00€ per package will be deducted by BASED Nutrition from the refund amount. The Customer will therefore receive a refund minus the shipping costs. There is no right to a refund if the product has been used, the packaging is damaged, or the order was opened and/or not returned in the original packaging.
Return address:
Zonnestraat 31
9100 Nieuwkerken-Waas (Belgium)
13.3. If the buyer goes further than was necessary to assess the characteristics of the goods and the good has been reduced in value as a result, BASED Nutrition may apply a proportional reduction in value to the refund.
13.4. In addition to any shipping costs, there are no extra costs or any compensation associated with returning. After handling the return, the buyer will be refunded by BASED Nutrition in the same way the buyer made the payment and after deduction of the costs incurred for the return shipment.
13.5. This article does not apply if the buyer purchased a product for which no right of withdrawal applies, such as a good that can spoil quickly or has a limited shelf life or a good that cannot be returned for reasons of health protection, food safety or hygiene.
After-sales service:
Send an e-mail to info@basednutrition.eu, BASED Nutrition, Zonnestraat 31, 9100 Nieuwkerken-Waas (Belgium).
Article 14 – Personal data
Personal data provided by the buyer to BASED Nutrition in the context of an order are stored and processed. BASED Nutrition may, after consent from the buyer, use the buyer's data for publicity purposes, providing information to the buyer, and following up on orders. If BASED Nutrition uses the services of third parties, certain personal data may be shared with these third parties depending on these services. For detailed information about the processing of personal data and cookies, you can consult our privacy policy.
Article 15 – Applicable law and competent courts
All agreements that BASED Nutrition concludes with customers, regardless of their place of residence, are exclusively subject to Belgian law. If for reasons of international law another law is applicable, the interpretation of these general terms and conditions will primarily refer to the Belgian Law on Market Practices and Consumer Protection as included in the Code of Economic Law. In case of disputes, only the Belgian courts of the registered office of BASED Nutrition are competent. For out-of-court settlement of the dispute, the Consumer Ombudsman Service of the Federal Government is competent to receive any request for out-of-court settlement of consumer disputes. This service will in turn either handle the request itself or forward it to a qualified entity. You can reach the Consumer Ombudsman Service via this link: www.consumentenombudsdienst.be/nl.