Version: August 20, 2018 - V1 - Maxinat
All orders are accepted by Maxinat.com in accordance with the terms and conditions of sale and export determined below:
1. General
These terms of sale apply to all orders and contracts for the sale of products by Maxinat.com, hereinafter referred to as "the Seller". These conditions prevail over any other condition, except formal and written waiver from our sales manager.
2. Regular orders
2.1 Orders, quantity and availability
Maxinat.com is a provider for private and professional customers.
Orders can be placed only through the online sales site accessible from https://www.maxinat.com. If necessary, we can help you by phone to realize this one.
Each order gives rise to an authentication on the site, the customer identifies himself if he is already registered or enters his coordinates if he orders for the first time. He can then consult the contents of his order via his private customer account on the e-commerce site https://www.maxinat.com.
Unless otherwise agreed and expressly (for example, as part of a subscription plan) any order will only be valid for a limited period of 72 hours (the reasonable time to pay for the purchase) . Failing payment within 72 hours, the order will be canceled and the products will be released (back in stock for any other customer).
The customer is notified by email of receipt of payment. From this moment, the order is processed and shipped, the detail always available via the private customer account.
Unless otherwise stated, orders are accepted only within the limits of the available stock. Quantities and availability of products are indicated in the product sheets of the sales website. In the case of a payment by bank transfer and although the item is deducted from the stock when placing the order through the sales site, the actual availability is the one on the day of receipt of payment of the order. The time of receipt of payment is taken into account in the exceptional case of competing orders.
You can order products by choosing the products you place in your basket by clicking on the "add to cart" button. At any time, you can view and modify the contents of your basket by clicking on the "Basket" button which allows you to access the list of what it contains.
To validate your cart and place an order, you must identify yourself using your username and password. If you do not have an account in our shop, you must create one by using the appropriate form (this step being possible during the finalization of the order).
After exact capture of the elements of your identity and your shipping address, by clicking on "next", delivery charges are calculated for your order, if necessary, several carriers are offered, you can at any time return to back to correct the entered data using the "back" button.
To definitively place your order, you must accept the general conditions of sale by ticking the appropriate box then, by clicking on "next", several means of payment will be proposed.
You must choose a payment method to enter the requested information during the payment process.
Once the payment process completed, you are redirected to the sales site and a message indicates that your order is validated.
You will receive an email confirmation of acceptance of payment by specifying you the references of the order.
2.2 Selection of the carrier
During the ordering process on the online sales site, the system offers several possible carriers.
As the system has its limits regarding geographical location, the customer is required to choose the carrier in line with the destination of the package. In case of incorrect selection, the after sales service will contact the customer to make the correction. In case of disagreement, the sale will be canceled.
For example: any order made to the DOM-TOM mentioned with Metropolitan France will be refused.
2.3. Order of one or more products not referenced in the catalog or marked "on order"
The customer wants to order a product from one of our suppliers but not existing on the online sales site.
In this case, the Customer sends an email to support@maxinat.com stating the purpose of his request.
As far as possible, this request will lead to an offer from Maxinat.com (offer valid 48 hours unless otherwise stated).
At the end of the offer, and if the case of creation of a new article applies, the Customer will be asked to use the online sales site to order the said article.
Otherwise, an invoicespecific, will be drawn up for the Customer order.
In any case, any special order is payable within 72 hours from the acceptance of the offer.
3. Orders by subscription
3.1 What is a subscription?
When you select a subscription plan, you periodically receive the product or products that you have previously added to this subscription without a commitment of duration in the periodicity you have chosen.
3.2 Why take a subscription?
Because He offers you two significant advantages:
- Regularity
- The subscription makes it possible to avoid an oversight or a break in taking supplements.
- Reduced price and free shipping
The subscription also allows you to save money by benefiting from a favorable rate by committing itself over a period and a quantity and you keep this advantageous price until the cancellation of this one.
3.3 Payment of the subscription
The subscription is debited on each anniversary date and this before any new shipment of products. If payment fails, shipments are suspended and our customer service contacts to find a solution.
To subscribe, you must be of age and have a valid means of payment valid for the duration of the subscription.
3.4 How to cancel a subscription?
3.4.1 I have just subscribed and I have not received a product yet or not yet consumed the products received?
You may exercise your right of withdrawal during the 14 days following the date of subscription of the subscription (if no goods are still received) or within 14 days of the first receipt of products, and this without any additional justification.
If you have not received any goods yet and no shipping notification has been sent, it is likely that nothing has yet been sent. The cancellation will be processed immediately and the transaction will be fully refunded within 3 working days from the request.
3.4.2 I have already received products, but I want to return them and get a refund.
You can retract within 14 days of delivery of the subscribed subscription products.
For this, you must indicate your wish to retract by completing the withdrawal form and sending it to us by email or by mail within the agreed time. Once the return confirmation has been received, an RMA number * and a return slip will be immediately provided.
The RMA * number will be written on the box containing the product (s) and the return slip must be slipped into the cash register.
The whole must be sent at your expense and under your responsibility to the logistics center of Maxinat. Upon acceptance of your return, you will have 7 calendar days to re-ship your goods (stamp or slips of the carrier as proof). Beyond this period, we will not be able to take charge of the return and refund you.
Once the package received and verified by our teams, you will be fully refunded and the subscription will be canceled without charge.
We recommend you to ensure your shipment correctly so that you are covered in case of breakage or loss of your package.
Only the return of the goods in good condition will act as acceptance of it and full refund of the purchase.
* RMA = Return Merchandise Authorization = Return Merchandise Authorization
4. Price
4.1 All prices are inclusive of all taxes (VAT included).
Unless otherwise stated, for each order placed other than through the online sales site, the prices, delivery terms and other expenses (eg transport) remain applicable in the same way as those applicable on the online sales site.
4.2 Intra-Community VAT number
The Customer may contact us if he has an intra-community VAT number, which he orders on behalf of a company established outside the territory and wishes to carry out a tax-free transaction. It will be up to the Customer to comply with the legislation in force in his country of destination.
4.3 Orders to a country Outside the EU
For orders outside the European Union, the applicable price is expressed excluding taxes; the customer must take steps to comply with the applicable legislation in the country of delivery (this includes the payment of taxes, customs duties, etc.). These costs are the sole responsibility of the Customer.
5. Terms and conditions of payment
5.1. Payment period
Unless otherwise stated, all orders must be paid before the parcel is sent and within 72 hours of the acceptance of a special order.
5.2. Means of payment
Payment for orders can be made by bank transfer or secure payment:
- Stripe (with 3D Secure securing) Visa / Mastercard Credit card Maestro / Bancontact American Express
- PayPal Inusing the balance of your PayPal Visa / Mastercard account online (however, prefer Stripe in this case)
- Bank transfer (see accounts below) On our Belgian account
No cash payment will be accepted.
Payment by credit card (CB, VISA, etc.) through Stripe does not require account creation at the payment provider but will be secured by 3D-Secure.
The use of PayPal (CB, VISA, PayPal, etc.) as a payment provider often (but not always) requires a PayPal account.
Although Visa and CB transactions are executed and debited immediately, they are financially valid on the business day following the transaction.
As part of a subscription, only the Stripe payment method will be accepted. The flows are made at the time of shipment of the package according to the frequency of the subscription.
Payment by bank transfer will be made exclusively to the following bank account:
--- BELGIAN account ---
Maxinat.com
IBAN: BE27 7512 0907 7173
BIC: AXABBE22
5.3. The house does not give credit
In the context of commercial relations, and unless expressly agreed, all orders must be paid before the goods are shipped.
5.4. Late payment
If the authorized term is exceeded, the Customer is liable from this moment on the legal interest rate in force in that country. In addition, the Client is obliged to pay an amount of at least 15% of the principal sum, corresponding to the collection charges.
5.5. Right of suspension
The Seller has the right to suspend deliveries pending the processing of the bank payment or the transfer / processing of the secure payment. If a payment is declined as part of a subscription, it is suspended, a second debit is attempted 24h later. If this second debit is accepted, the contract resumes, otherwise the deliveries are suspended and the customer service will contact the customer for resolution of the incident.
5.6. Advance payment
The Seller has the right to issue reserves and impose an advance payment on future sales after one or more payment incidents and has full autonomy in the assessment of the situation.
6. Delivery
6.1. Delivery time
It is important to clearly differentiate shipping time and delivery time. The first concerns Maxinat.com and represents the time required to prepare an order until it is delivered to the carrier. The delivery time depends only on the carrier chosen by the customer when ordering. This period may vary depending on the region in which you live but also the time of shipment (working days, holidays, weekend). On average it will take 24h to 48h for Belgium and 24h to 48h for Metropolitan France. Dates and delivery times are always provided for information only and can not constitute a guaranteed period.
6.2. Reception and responsibility
Maxinat.com is responsible for the products shipped until the delivery note is signed by the customer at the reception.
6.3. Delivery control - package deterioration
If you have a doubt or you notice that the package or its contents are heavily damaged, you must refuse the package and contact us immediately. Making reservations with the carrier is useless with carriers such as BPost, La Poste or TNT. We will be able to make a complaint to the carrier concerned but also resend your order. The complaints are valid only when they are sent to the carrier according to his conditions and most of the time, within 24 hours after the discovery of the damage.
6.4. Delivery check preparation error
Orders are prepared with great care by a professional logistician. Except for obvious cases that can be processed by e-mail exchange within 12 hours, any order preparation errors must be reported by registered letter no later than one working day after receipt of the package.
6.5. Product acceptance
The Customer is deemed to have accepted the Products when no complaint has been sent by registered mail to Maxinat.com, at the latest one business day after delivery. A complaint filed does not suspend the payment obligation of the Customer and the Seller has the right to investigate the complaint.
6.6. Shipment by post
A postal mailing can be accepted for a book or documentation. A mailing requires an agreement previously obtained by e-mail (support@maxinat.com) before the finalization of the said order or by selecting the mode of delivery "Letter Max" on the shop when it activates. Given the risk of possible loss, the letter will be "followed" and only the confirmation "delivered" of the post will do liver in case of possible litigation.
7. Right of withdrawal
7.1. Overview
Internet sales are a form of distance selling regulated by articles 45 et seq. Of the law of 6 April 2010 on market practices and the protection of the private consumer.
The right of withdrawal does not apply to counter sales and transactions between professionals. The customer has: a right of withdrawal of 15 days from the date of receipt of the parcel. Return costs are the responsibility of the customer.
To claim your right of withdrawal, you must: Send the completed withdrawal form either by mail or by e-mail to support@maxinat.com You will then receive a return agreement allowing you to return the good (s) ) (point 7.3)
The form is available for download here: PDF withdrawal form
According to current legislation, CDs, DVDs, computer software whose packaging is open, newspapers, magazines, books and guides, product imported on special request and goods manufactured or customized for the customer do not allow to benefit the right of withdrawal. Although it is obvious, the right of withdrawal can no longer apply to products modified / opened or consumed by the customer.
This is typically the case of food supplements: If the product is opened and / or started, the right of withdrawal can not apply.
Administrative costs of EUR 10 may be charged if the procedure is not followed.
Your return must include the documents (see point 7.3) necessary for its treatment
7.2. Cancellation of the order
In order to avoid unnecessary red tape: As long as your parcel is not shipped (issue of transport label / shipping), it is possible to request a cancellation of your order on request by sending it on support @ maxinat.com. Do not hesitate to call us to quickly alert us of your request. The phone number is available at the top of the site. Once the order is prepared and shipped it will no longer be possible for us to intercept it. You must then assert your right of withdrawal (point 7.1) for private customers.
Excluding the right of withdrawal, the order cancellation fee can be up to 15% of the value of the package.
7.3 Return packaging and product status
Once your return agreement has been obtained (point 7.1), you will be able to return the product to us. All products must be returned to us in their original packaging. The return must be in a packaging guaranteeing the integrity of the returned product. Attach a copy of your invoice Attach a copy of the withdrawal form and return slip
7.4. Spontaneous return and cash on delivery
Maxinat.com does not accept any return without prior agreement (see point 7.1), nor any return in cash on delivery.
7.5. Refund
For any return or cancellation, a credit is established in the name of the customer after receipt, control and test of the goods by the seller. Equipment returned in a used / degraded, non-functional, modified state, without original packaging can not be reimbursed. The equipment will be reimbursed as soon as possible and at the latest 20 days after receipt of your return package.
8. Retention of title
8.1. Until full payment
The Seller retains full and full ownership of the Products until receipt of full payment due. Until then, the Customer is not entitled to rent, lend or otherwise exploit the Products.
9. Product Information
9.1. Documentation
The information contained in the documentation, catalogs or online site is purely for information purposes. The Seller is therefore not liable for damages, injuries, losses or expenses resulting from any error or misunderstanding in this information. Food supplements are not drugs. Badly taken, or too much, they could cause adverse effects, which can be harmful to your health.
9.2. Use and administration
The Customer assumes full responsibility for the adequacy of the Products ordered and the appropriate use of these Products. In all cases, we recommend that you consult a health professional to guide and advise you.
10. Warranty and quality control
10.1 Products
Food supplements and juices are not "guaranteed" but have a traceability number as soon as they are manufactured and are checked. If, however, an incident occurs or your product does not seem "as usual", we recommend that you stop using it and get in touch with our customer service.
11. Force majeure
11.1. In case of force majeure, the Seller is not held responsible and is entitled to postpone the observation of the contract or to cancel it. The terme "Force Majeure" includes, among other things, strikes, damage to Products purchased, damage to production equipment, storage center, natural disaster, etc.
12. Protection of personal data
12.1 Nomenclature
In the context of this contract, "Data Controller", "Data Processor", "Data Subject", "Data Subject", "Personal Data", "Data breach" and "Data Processing" "have the same meaning as given by the" General Data Protection Regulation "(GDPR, Directive 95/46 / EC of 24/11/95 and 679/2016 of 27/04/2016) of Protection and Text of national or European law relating to the implementation or reinforcement of this regulation.
12.2 Performance of the contract
The execution of the contract by maxinat.com requires that the client communicates personal information in order to be able to execute the contract and deliver the goods and services in the best conditions.
This information is accessible by the personnel authorized to process orders, order preparation, complaint, support.
In this context, Maxinat.com acts as "Data Controller" for the realization of the contract. Insofar as Maxinat.com processes this personal data for the execution of the contract (arrange payment, order picking and shipping), the subcontractors involved in the execution of the contract (logistic service, delivery service , payment acquisition, satisfaction monitoring) receive the information necessary to execute their own contract with Maxinat.com.
These entities also have the quality of "Data Controller". Acting as "Treatment Manager", Maxinat.com
controls the processing operations of these data and decides what Personal Data should be provided,
if such Personal Data are processed,
if Personal Data is transmitted to a Third Party (eg BPost, TNT, Mondial-Relay as a subcontractor),
How long will this Personal Data be kept, who can access the Personal Data,
the technical and organizational measures taken to protect Personal Data,
if Personal Data is used to feed operational databases (eg NewsLetter communication),
if the Personal Data are compared with preference data (eg preferred means of transport, preferably Relay point). If data is to be transmitted to an entity outside the EU (eg international delivery service) then Maxinat.com will ensure the existence of the contractual framework,
if the exercise of the right of access is applicable.
The transmission of Personal Data also covers the obligations in customs matters and being to the description of the content and detail of the content in accordance with the export regulations in force.
12.3 Treatment manager
Maxinat.com acts as Data Controller for Personal Data. Maxinat.com defines the purposes and means of treatment. This concerns the collection of information (communicated by the customer), the storage, update and transmission of personal data relevant to its subcontractors (eg delivery service, online payment capture) for legal and legitimate purposes as described in the contracts between Maxinat.com and its subcontractors.
The Personal Data maintained by Maxinat.com in connection with the performance of the contract are obtained legally from the data subject under the applicable regulations for the protection of Personal Data. The treatment of these does not infringe the rights of third parties.
12.4 Obligations
Maxinat.com commits itself to respect all the obligations relating to the Processing, obligations which are imposed on the Data Controller in accordance with the current Regulation on the protection of Personal Data. With regard to the Personal Data entrusted by the Customer, Maxinat.com:
- maintain an information security environment at all times in order to establish, implement, manage, monitor, maintain and improve the security of information.
- will ensure that its employees treat all personal data confidentially. ensure that its employees are informed about the information security policy and requirements. will ensure that its employees are informed and sensitized will call on the appropriate staff and expertise to perform the specific tasks.
- limit the access of its employees to personal datael applying the concepts of "need to know" and "minimum necessary". will ensure the establishment of appropriate procedures for the registration, right of access and unsubscription of its customers.
- set up physical security access controls to prevent unauthorized access by persons to premises or devices containing or processing Personal Data.
- will provide environmental control over sites, assets, systems and peripherals where Personal Data may be accessed and / or stored to prevent theft / loss, damage or unauthorized disclosure of such information.
- ensure that adequate procedures are in place for the removal and / or reuse of a device that has contained Personal Data. ensure the implementation of the appropriate functionalities to maintain an appropriate level of security to protect the data and more particularly the Personal Data.
- ensure the keeping of newspapers and alerts to trace and / or detect any irregular activities in relation to Personal Data. This also involves the processing logs provided by the RGPD.
- report any security incidents to the data subject, including measures taken to mitigate the impact of the incident and preventative measures to prevent future similar incidents
12.5 Data collected
The personal data for which Maxinat.com acts as Data Controller under the contract are as follows:
- Email address (account id)
- Last name First Name
- Company name and VAT number (optional)
- Age and sex (optional, at the client's discretion)
- Delivery addresses and invoicing (including number, city, postal code, country)
- No. of telephones (private, professional or GSM, at the discretion of the customer)
- Orders and order details (personal when linked to a customer account).
- Subcontractor also acting as a Treatment Manager when the performance or monitoring of the contract involves their services:
- Stripe - Acquisition of payment -> Data transmitted: customer identifier, e-mail, surname, first name, address, language, amount to be paid, basket number (without details)
- PayPal - Acquisition of payment -> Data transmitted: transaction carried out via PayZen. La Poste - Transporter Data transmitted: Surname, first name, company and delivery address, e-mail and telephone number (to reach / notify the contact as part of the delivery service)
- TNT - Transporter -> Data transmitted: Surname, first name, company and delivery address, e-mail and telephone number (to reach / notify the contact as part of the delivery service)
- Mondial Relay - Carrier -> Data transmitted: Name, first name, company, selected relay point, e-mail and phone number (to reach / notify the contact as part of the delivery service)
- Yotpo - Certified advice and side on article and / or shop via e-mail -> Data transmitted: First name, first letter Name, e-mail, order number, article identification. Note: unsubscription in the body of e-mail.
- Zendesk - Customer support -> Data transmitted: e-mail, name (first name), order number (optional).
12.6 Treatment
Maxinat.com does not perform any special treatment on Personal Data. This information is used to fulfill the sales contract. There is no marketing approach, no resale of information, no profiling. The analysis and processing of batch information, possibly including personal information, may however occur as part of improving internal performance or improving Maxinat.com's internal procedures.
12.7 Social Media and Communications
Maxinat.com does not contact or share any Personal Data via social networks such as Facebook, Twitter, Google, LinkedIn, Instagram, etc. The initiative of contact via such communication channels remains fully at the discretion of the customer.
The customer is responsible for demonstrating his identity if necessary.
Social media is used by Maxinat.com to produce themed publications, on pages / groups maintained by the company and to free affiliation. The newsletter The newsletter (or Monthly Maxinat) is sent by e-mail several times a year. This is only sent to customers who have voluntarily subscribed to it (no subscription by default).
If you do not want to receive this newsletter, you can unsubscribe from the "Account Management" management page.
12.8 Customer's right
The customer may access his Personal Data, have it rectified, have it deleted or limit its processing.
All requests must be sent by registered letter to the Maxinat.com head office:
MAXINAT.COM,
Awan-Wacostet Street 64,
4920 Aywaille,
Belgium
By clearly specifying the purpose of the application and demonstrating, as appropriate, the identity of the applicant.
Maxinat.com reserves the right to claim a financial contribution for administrative costs (min 15 Eur) in case of repeated or abusive request. This request must be answered as soon as possible with a maximum of one month from the date of receipt of the request.
This period can be extended to two months when requests are complex or numerous.
The decision not to respond to a request (eg unfounded, abuse or unreasonably recurring requests) must be notified and must justify the reasons for inaction (within 1 calendar month).
12.9 Regarding the deletion
According to Article 17 of the GDPR, the data subject must establish that one of the following grounds applies:
the data are no longer necessary for the purposes for which they were processed the data subject withdraws the consent on which the processing is based and there is no other legal basis for the processing.
The data subject objects to the treatment and there is no legitimate and compelling reason for maintaining the treatment.
Personal Data has been subject to unlawful processing. Personal Data must be erased to fulfill a legal obligation.
Personal data has been collected as part of the information society services offered to children.
The right to cancellation must be weighed against other potentially higher interests (Article 17 (3)): the exercise of the right to freedom of expression and information; to comply with a legal obligation that requires treatment; the finding, exercise or defense of right in court.
12.10 In case of no response
In case of non-response to such a request, the customer can file a complaint with the competent authority: https://www.privacycommission.eu
12.11 Data Privacy Officer
At the look
the limited amount of Personal Data,
the very limited treatment of it (the contract),
the limited communication of these (delivery service),
the limited number of subcontractors,
number of members in society,
the limited field of personal data (e-mail, telephone, name, age, address, but not given health, physiological, genetic, psychiatric, economic, cultural, social, judicial, conviction, etc.)
It was decided not to officially elect DPO Data Privacy Officer. RGPD compliance is provided by members of the MaxiNat team.
13. Litigation
13.1: You have the possibility to open a dispute resolution request with the ODR (European Small Claims Procedure). European site for the settlement of disputes (the ODR)
13.2: In case of dispute, only the Courts of Liège (Belgium) will be competent