Terms and Condition
11/11/2022 - GHENT
GENERAL TERMS AND CONDITIONS
Article 1 Definitions.
In these terms and conditions, the following definitions apply:
"General Terms and Conditions": these General Terms and Conditions which apply to every offer emanating from The 7even (hereinafter "Offer"), every acceptance by the Customer of an Offer and, in general, every Agreement concluded between The 7even and the Customer (hereinafter "Agreement").
"Special Terms and Conditions": specific conditions that define the Agreement between the Customer and The 7even and that prevail over the General Terms and Conditions.
"De 7even": the trade name of the CommV Karen Liekens, with registered office 900 Ghent, Zandpoortstraat 25 and company number 0776.903.385.
"Services": all services provided by De 7even under an Agreement.
"Goods": all goods provided by De 7even within the framework of an Agreement.
"Customer": the (future) contracting party of De 7even to whom an Offer is made and/or with whom an Agreement is concluded as well as any companies associated with the Customer;
Article 2 Realization and amendments
Each Offer is free of obligation until acceptance by the Customer. The offer contains a complete and accurate description of the Goods and/or Services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. If The 7even uses images, these are a true representation of the Goods and/or Services offered. Obvious mistakes or errors in the offer do not bind The 7even.
An Offer is only accepted by written signature of the offer and delivery to The 7even, or by electronic confirmation by e-mail to the address email@example.com or firstname.lastname@example.org. By such confirmation, an Agreement is deemed to have been fully and validly concluded. If the Customer acts in the capacity of a consumer, confirmation of the order is sent by e-mail.
Acceptance of the General Terms and Conditions implies that the Customer fully waives the application of his own general terms and conditions.
Changes to the Agreement are always requested in writing to and confirmed by The 7even. If this causes additional costs or additional work, these may be charged by The 7even. Also, a requested change may extend the delivery period.
Article 3 Delivery
Unless otherwise agreed in any Special Terms, the Agreement consists of:
- The provision of the Services, being e.g. the provision of customized health advice via the online health screening tools on our website and/or via a personal consultation with us, as well as any further active follow-up of the Customer's advised health trajectory (e.g. via reminder messages via WhatsApp or recommending products).
- The sale and delivery of Goods.
The 7even makes all reasonable efforts to execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period is agreed upon in the Special Terms and Conditions. If delivery is delayed, or if an order cannot or can only be partially fulfilled, the Customer will be notified no later than one month after she places the order.
The 7even shall make all reasonable efforts to provide the Services punctually in accordance with any agreed timings or trajectories.
The 7even is entitled to subcontract the Agreement or parts of it to third parties or to have it performed by third parties.
If De 7even is prevented from (further) performing the Agreement due to force majeure of a permanent or temporary nature, regardless of whether the force majeure could have been foreseen, De 7even shall be entitled to terminate the Agreement in whole or in part by means of a written notification without judicial intervention and without any obligation to pay compensation, without prejudice to De 7even's right to payment by the Customer for services already rendered by De 7even before the force majeure situation occurred, or to suspend the (further) performance of the Agreement in whole or in part.
The risk of damage and/or loss of Goods rests with De 7even until the moment of delivery to the Customer, unless expressly agreed otherwise.
Article 4 Price and payment
If the Customer has entered into a subscription on our website, the amounts due shall be paid via standing order according to the period as stated in the Special Terms and Conditions. If the Customer places an order via our webshop, the amount due must be paid via electronic payment on our online payment module. Notwithstanding the above, if the Customer acts in the capacity of a company, the Customer must pay the amounts due no later than 30 days after the invoice date.
In case the Customer has entered into and is renewing a subscription formula, the following arrangement will apply:
- During the first year of each renewal, the same prices that applied during the term before shall remain in effect
- As of the second year following the renewal, The 7even is entitled to revise the subscription price every two years if raw material prices have changed. This is done using the following formula: P1 = P0 x (0.2 + ((M1/M0) x 0.8))
- P1: the new subscription price
- P0: the original subscription price
- M1: the material price in a given year
- M0: the original material price
In the event of late payment of any amount due under the Agreement or for any other reason, De 7even shall be entitled to suspend all deliveries and to take back the Goods delivered. Moreover, in that case, De 7even shall be entitled by operation of law to compensation of 10% of the amount due (with a minimum of EUR 50.00) as well as a conventional default interest in accordance with the legal interest rate, which in case the Customer acts in its capacity as a company, is determined in accordance with the law on late payment in commercial transactions.
All delivered Goods remain the full property of De 7even until full payment of all claims of De 7even, so in principal, costs and interest, on the basis of the Agreement and/or previous or subsequent agreements of the same nature as well as any damages with respect to the same Customer or its affiliates. Any risk of damage or loss of the Goods shall be borne by the Customer.
If an Agreement is given on behalf of two or more Customers, they are each jointly and severally liable for the full performance of the obligations arising from the Agreement.
In the event that the contractual relationship has ended, The 7even may apply set-off between all mutually determined claims with the Customer, regardless of the time at which the claims in question fall due.
Late payment of an invoice causes all outstanding invoices to expire, even if the due date of these invoices has not yet passed.
The submission by The 7even of an account statement is sufficient to establish the amount of its claim against the Customer (including delivery of the Goods and Services) and to provide proof thereof.
Article 5 Right of Withdrawal
When purchasing Goods, the Customer has the option to return the Goods without compensation and without giving any reason for a period of 14 calendar days following the delivery of the Goods.
During this period, the Customer shall handle the Goods and packaging with care. It shall only unpack or use the product to the extent necessary to assess whether it wishes to keep the product. If it exercises its right of withdrawal, it shall return the product to DE 7even with all delivered accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by DE 7even.
To exercise its right of withdrawal, the Customer must:
- Either notify the exercise of this right via the contact page
- Either provide the withdrawal form to DE 7even: https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf
If the Customer exercises his right of withdrawal, no more than the cost of return shipment shall be borne by him.
If the Customer has paid an amount, De 7even will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
The Customer cannot exercise the right of withdrawal in the following cases:
- The Customer has not entered into the Agreement as a consumer.
- The Goods have been custom-made in accordance with the Customer's specifications.
- The Goods spoil quickly or have a limited shelf life.
- Any sealed packaging of the Goods has been broken after delivery, such as medicines.
- The Goods are clearly personal in nature.
Article 6 Conformity, guarantee and complaints procedure
The 7even guarantees that the Goods comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
The Customer must immediately inspect the delivered Goods. Visible defects must be reported by registered letter within 14 days of receipt of the Goods. In the absence of any notification, the Customer's acceptance of the delivery is established. Notwithstanding the foregoing, if the Customer enters into the Agreement in the capacity of a consumer, it must report any visible defects to The 7even within two months of becoming aware of the visible defect and, in addition, the statutory warranty period expires two years after delivery in accordance with the Consumer Sales Act.
After expiry of the periods referred to in the previous paragraph, De 7even shall only be liable for hidden defects, which are notified to De 7even by the Customer by registered letter, within 14 calendar days of becoming aware of the hidden defect, with a detailed description of the hidden defect.
If a defect in the Goods is found, the Customer shall have the choice of either requesting the repair or replacement of the Good, and if this is not possible, requesting an appropriate price reduction or rescinding the Contract.
Any claim by the Customer for damages against De 7even shall lapse by operation of law if it is not brought before the competent court within a period of 1 year after the facts on which the claim is based were known or could reasonably have been known by the Customer.
Article 7 Liability
The 7even undertakes, prior to the conclusion of the Agreement, to provide the Customer with information relating to the Agreement. The 7even is not liable for the correctness, completeness or accuracy of the information provided to the Customer prior to the conclusion of the Agreement.
The 7even undertakes to carry out the Agreement to the best of its knowledge and ability (obligation of means), but The 7even does not accept any liability for failure to achieve the goal envisaged by the Customer (e.g. goals of weight loss, remedy of certain health problems such as fatigue, healthier skin or better energy, etc.) and does not undertake any obligation of result.
Under no circumstances shall the 7even be held liable for any damages resulting from:
- Any use of the Goods contrary to the package insert or, where applicable, the advice or instruction provided by The 7even (for example: overdosage, products used wrong or a sensitivity to it, etc.);
- The provision by the Customer of incorrect or incomplete information to The 7even either in the online screening on our website or directly in the context of a personal counseling session or via email or the chat function (for example: failure to mention allergies to certain products such as fish oil, failure to mention certain conditions such as diabetes, etc.).
- The Customer's failure to adjust any other treatments not supervised by The 7even to the health course advised by The 7even (e.g., adjusting insulin doses by diabetics, discontinuing certain medications or other forms of therapy). The Customer himself is responsible for informing himself adequately about this.
To the extent the Services also include the sending of reminders to the Customer with a view to adhering to the consumption pattern of the Goods, the Customer acknowledges that he himself still bears full responsibility for adhering to the advised consumption pattern, even if for some reason a reminder from De 7even has not been received by the Customer.
The 7even shall only be liable in cases of deceit, fraud and intentional fault. Subject to the foregoing, The 7even shall not be liable for or liable to compensate any intangible, indirect or consequential damages including (but not limited to) loss of profits, loss of sales, loss of revenue, production limitations, administrative or personnel costs, an increase in overhead costs, loss of customers or claims of third parties.
Except in the case of fraud or intentional fault and except in the case of physical damage caused by the actions or omissions of De 7even, the total contractual and extra-contractual liability of De 7even for all claims that may arise during the entire term of the Agreement shall at all times be limited to the amount invoiced to the Customer, unless the amount for which De 7even's liability is insured is lower, in which case the aforementioned liability of De 7even to the Customer shall be limited to that amount.
Article 8 Duration and termination
If the Client enters into a subscription formula, it is entered into for the term specified in the Special Terms and Conditions and is automatically renewable for the same period unless written notice (by letter or by e-mail) is given by the Client at least 14 days before the end of the subscription. Furthermore, the Customer is entitled to terminate the subscription at any time subject to written notice (by letter or e-mail) to the other party and subject to 14 days' notice. If the date of the next payment nevertheless falls within the aforementioned period of 14 days, the Client is still obliged to pay this amount without being entitled to any refund. Moreover, in that case, the Customer is obliged to accept delivery of the Goods or Services following this payment.
The Customer acknowledges that the following circumstances automatically give rise to dissolution of the Agreement within the meaning of this article, unless The 7even waives this dissolution in writing and pursues performance of the Agreement, which The 7even is entitled to do:
- Failure of the Customer to comply with its obligations in accordance with the Agreement within 15 days after having been notified in writing by De 7even to do so, such as e.g. non-payment by the Customer of the amounts due under the Agreement within 15 days after written notice by De 7even;
- Bankruptcy, collective debt settlement or dissolution of the Customer;
- Refusal to take delivery of the Goods and/or the Services.
Article 9 Intellectual Property
All designs, studies, drawings, sketches, photographs, models, samples, produced texts, questionnaires, advice, and in general all carriers in which De 7even's intellectual service achievements appear or are contained, shall at all times remain the property of De 7even or third parties with which De 7even cooperates, and must be returned by the Customer upon first request. The Customer acknowledges that the aforementioned items, as well as the related know-how and methods, are the exclusive property of De 7even or third parties with which it cooperates. The aforementioned items, including all preparatory material, may under no circumstances be used, communicated or reproduced, even partially, without the written permission of The 7even or any third party titleholders.
The Customer hereby expressly waives the possibility of asserting any rights to the items mentioned in the first paragraph and using the information obtained to apply for an intellectual protection right.
The Customer indemnifies The 7even in full against any claims by or liabilities to third parties as a result of any use of the Goods that infringes or may infringe the rights of third parties.
Article 10 Processing of personal data
The 7even processes the Customer's personal data as a data controller. The processing grounds used by The 7even are the necessity for carrying out the contractual order, fulfilling its legal obligations, legitimate interest and the Customer's express consent.
Personal data will not be kept longer than necessary for the processing purposes.
Personal data will only be processed internally or with the help of some processors who assist the firm in the performance of its mission such as an IT company, software packages and an accountant. The necessary guarantees were obtained with each processor in accordance with the GDPR. Data is not processed outside the EU.
The 7even takes appropriate technical and organizational measures to secure personal data. In the event of a data breach affecting your data, you will be notified within a reasonable period of time. This can be done by e-mail at the address known to us.
The Customer has the right to address a request for access, correction, deletion, data transfer of his personal data or a request to withdraw his consent or objection to the processing of his personal data to De 7even, by writing to the company address or by sending an e-mail to email@example.com.
The 7even undertakes to provide the Customer with a reasoned response to its request within a period of one (1) month. Depending on the complexity of the request(s) and on the number of requests, this period may be extended by another two (2) months if necessary. The Customer also has the possibility of filing a complaint with the Data Protection Authority at any time.
For more information on how The 7even handles personal data, see our privacy statement.
Article 11 Nullity clause
The nullity, invalidity or unenforceability of any provision of these Terms and Conditions shall nevertheless have its maximum permitted effect and this shall, moreover, in no way affect the validity of the remaining provisions of these Terms and Conditions and shall not result in the nullity of these provisions.
Article 12 Applicable law and competent court
Agreements between The 7even and the Customer to which these General Terms and Conditions relate are exclusively governed by Belgian law.
All disputes arising from the Agreement shall fall under the exclusive jurisdiction of the courts having jurisdiction over De 7even's registered office.
Contrary to the previous paragraph, if the Customer acts in the capacity of a consumer, disputes arising from the Agreement can be submitted by both the Customer and De 7even to the Consumer Ombudsman Service (www.consumentenombudsdienst.be).