Terms of service

GENERAL TERMS AND CONDITIONS

Article 1. Company information

These general conditions (hereinafter the “Conditions”) emanate from:

The Natural Way BV
Vlierstraat 89
9120 Beveren
Belgium
info@thenaturalway.be
+32476536643
VAT BE0774.939.334

Registered in the Crossroads Bank for Enterprises under the number 0774.939.334
RPR Ghent (Dendermonde division)
(further called 'The Natural Way')
E-mail address: info@thenaturalway.be
Website: www.thenaturalway.be (hereinafter the “Website”)
Bank details: BE20 0689 4292 0556 BIC: GKCCBEBB

Article 2. Scope of application

These Terms and Conditions apply to all sales by The Natural Way to a customer (hereinafter the “Customer”). Agreements may be concluded in various ways, e.g. by purchase through the Web shop of the Website, by offer. These Terms and Conditions may thus distinguish according to the way in which the agreement is concluded.

They may be useful for both companies (“business to business”) and individuals (“business to consumer”). Thus, these Terms may additionally distinguish according to the type of Customer. If you are interested in 'reselling', please contact us separately. If you do not do so, you agree not to purchase the products for the sole purpose of reselling them further.

The Natural Way will always communicate and request acceptance of these Terms and Conditions. It is up to the Customer to read them carefully before accepting them in order to avoid later discussions. Depending on the ordering method, these Terms and Conditions will also be attached to the order confirmation in a format that can be saved or printed.

Any supplier conditions of the Customer are expressly excluded, unless otherwise agreed in writing between The Natural Way and the Customer.

If, in addition to these Terms and Conditions, specific conditions also apply or any other conditions form part of an offer/specific offer, the following order shall apply in the event of discrepancies, with 1/ taking precedence over 2/ and 3/ and 2/ taking precedence over 3/:

1/ offer conditions;

2/ activity-specific conditions;

3/ these Terms and Conditions.

Deviation from one or more provisions of these Terms and Conditions or other terms and conditions is only possible if expressly agreed in writing between The Natural Way and the Customer. The other provisions of these Terms or the other conditions shall in that case remain in full force and effect.

The Natural Way reserves the right to modify and/or supplement these Terms and Conditions or other terms and conditions at any time for future orders. It is therefore advisable to read these Terms and Conditions and any other conditions carefully with each new order. These Terms and Conditions were last amended on: March 7, 2022.

The Customer explicitly agrees that Dutch is used for the ordering process, the terms and conditions and any other communication. The Customer will not be able to dispute the application of the Terms and Conditions because they were not in the Customer's native language or any other language.

Where the Website redirects to another website, whether or not via plug-ins, all terms, policies and guidelines of these other websites shall apply. The Natural Way cannot be held responsible for the activities of these third parties.

Article 3. Order and formation of the agreement

Offers

The offer of The Natural Way is described on the Website.

It is possible in some situations that The Natural Way pours an offer into a formal offer to which these Terms are attached and form an integral part of it. An offer from The Natural Way is then only an invitation to place an order with The Natural Way. An offer is, where applicable, only valid in respect of the person(s) to whom it is addressed. An offer has a period of validity as agreed, or in the absence thereof, a period of validity of fourteen (14) calendar days from the date of sending the offer. Prior to acceptance of the offer by the Customer, The Natural Way has the right to correct errors in an offer or withdraw the offer. In the case of customized services, the offer is based on the data provided by the Customer.

The offer includes only the orders stated therein, explicitly excluding any additional work or other work resulting from a change in the order.

Normal ordering process through the Website

The Customer may freely navigate the various pages of the Website without therefore committing to an order.

If the Customer wishes to place an order, he chooses the different products he is interested in and he can make this interest clear by clicking on “Add to Cart”. After this he can click on “View cart”. A summary of his order then appears on the screen. At any time the Customer can get an overview of the products he selected or change his order by clicking on the icon of a shopping bag (top right). Here too he gets to see the summary of his order. The Customer can continue his order by clicking on “Checkout”. The Customer must then identify himself, either by entering his email address and password if he already has an account, or by correctly filling in the document that is displayed and providing, among other things, the necessary information for his identification, his name, first name and postal address. During the ordering process, the Customer can modify and correct the data entered, such as the composition of his shopping cart, delivery and billing address, before finally validating the order.

After knowing the status of his order and once all requested information has been completed by the Customer, he must select his desired method of payment. The Customer must click on “Proceed with shipment” to definitively confirm his order.

Conclusion of the agreement

Every order is binding. The contract between the Customer and The Natural Way is concluded when The Natural Way confirms the good receipt of the order (whether or not by means of an automatic confirmation e-mail). You will receive this confirmation immediately after ordering. Should this not be the case, thank you to contact The Natural Way.

Any additions or other changes to the order are also valid only after written confirmation thereof by The Natural Way.

Special conditions or refusals

The Natural Way may decide to subject the validity of the contract to special conditions or to refuse in case of special situations. Thus, The Natural Way may suspend or cancel an order that is incomplete or incorrect, or suspend or cancel an order when previous orders have not been paid or have been paid in full.

In order to place an order, the Customer must be at least 18 years old. If The Natural Way notices that the order has been placed by a minor, it reserves the right to refuse the order.

If the Customer does not make himself known as the representative of a company, the Customer shall be deemed to be ordering as a private individual.

Article 4. Sale of products

Description

The Natural Way strives to offer the products like the books with as clear a description as possible. The colors of the physical products as they are displayed on the Customer's computer or other digital medium may differ from the color in reality due to, among other things, screen strength or when the pictures are taken by different photographers.

The Natural Way also strives to keep the information on the Website and otherwise complete, accurate and up to date. Any descriptions of products or product prices are subject to change by The Natural Way at any time without notice. There may also be omissions or errors in the information offered which may relate, for example, to product descriptions, prices, promotions, offers, product shipping costs, shipping time and availability. Only the characteristics and data confirmed during the actual ordering process are binding. The Natural Way may cancel orders at any time if the product information or product price was manifestly incorrect at the time of ordering.

If the Customer has doubts or specific questions regarding the information offered, please contact The Natural Way at that time via the means of communication mentioned above in the article 1.

Availability

The sale can only take place while stocks last and stock may be adjusted by The Natural Way at any time. The Natural Way cannot be held liable for any damage resulting from the eventual unavailability of a product. The Customer will of course be informed of this. The Natural Way also reserves the right to discontinue the sale of a product at any time.

Retention of title

The products remain the property of The Natural Way until full payment for the products.

Payability

The Natural Way will not ship products until payment is received.

Cancellation

Without prejudice to the regulations mentioned below regarding the right of withdrawal, an order cannot be cancelled by the Customer.

Vouchers

Vouchers can also be purchased. The Natural Way can always request the original gift voucher from the Customer so the voucher (including the code) should be kept carefully. In case of theft (including the use by unauthorized third parties of the code) or loss (including the (accidental) deletion of e-mails), no compensation will take place.

Each voucher comes with a unique code. This can be a number code and/or pin code and/or text code. This code must be communicated when ordering.

The nature, value, duration, expiration date and/or any applicable other specific terms of use can be found by the Customer on the vouchers themselves/or in the email containing the code. Each voucher is valid for a certain period of time. After the expiration date, the voucher can no longer be used.

Vouchers are not redeemable for cash. The voucher must be spent at one time. Any unused amount will be lost if applicable. If the total amount of the order exceeds the value of the voucher(s) used, the difference must be paid by one of the other payment methods.

If The Natural Way proceeds to refund (part of) the amounts paid, the part of the price paid by means of a voucher shall be refunded by the issue of a new voucher.

The Customer may only use one voucher per order.

Article 5. Price

All prices mentioned are in EURO.

Shipping costs, any reservation or administration fees or other costs are stated separately before final confirmation of the order.

No import costs (customs taxes) are payable by The Natural Way.

Special discounts are only valid for the specifically indicated products or services, periods and to the extent that the products or services are available and may be subject to specific conditions.

The price refers only to the product as described and does not include any accompanying decorative items.

The Natural Way may change prices at any time, but the price applicable to the Customer's order shall be that stated at the time of ordering.

Article 6. Payment

It is possible that The Natural Way may request an advance payment. Without payment of the requested advance (if applicable), The Natural Way will not proceed in any case.

The deposit and other payments can be made as follows:

• by bank transfer to The Natural Way bank account as mentioned under article 1 above;
• through the Website's web shop by means of PayPal, Bancontact, iDeal, VISA, Maestro, Mastercard, UnionPay, Google Pay, Shop Pay and Apple Pay.

In case the card issuer refuses to agree to the payment, The Natural Way cannot be held responsible for delays or cancellation of the order. Payment information will only be used to allow payment transactions to proceed.

Any invoices issued by The Natural Way are payable within thirty (30) of the invoice date. Invoices may only be protested in writing by registered letter within seven (7) days of the invoice date and stating the invoice date, invoice number and detailed justification. If no (timely) dispute reaches The Natural Way within the aforementioned period, the invoice shall be deemed accepted by the Customer.

In the event of late payment, late-payment interest shall be charged at a rate of 8% and The Natural Way may in any case also charge a fixed indemnity of 9%, with a minimum of one hundred and fifty (150) Euros.

Article 7. Delivery of products

Delivery of physical products

All physical products are picked up or delivered to the delivery address provided at the time of the order. Delivery can be made to the countries indicated on this page. Orders are shipped with bpost or another courier service. The Customer can usually expect delivery within 1 business day in Belgium and within 2-5 business days in the Netherlands.

Delivery costs and expected delivery times are clearly stated during the purchase procedure.

Please make sure that the mail package can be delivered (and signed for) at the address provided. Delivery is made once the delivery has been made a first time. The Natural Way is not liable for failed deliveries when this is due to the Customer, e.g. the Customer has provided an incorrect or outdated address or no one is present at the address provided by the Customer. Additional charges may apply for a new delivery.

For security reasons, the courier may request your identity information or that of the person to be delivered.

Unless the Customer-consumer uses their own courier service or comes to pick up the product themselves, the risk of loss or damage passes to the Customer-consumer at the time they take physical possession of the goods. For Customer-Consumers, the risk passes from the moment the product has left The Natural Way's premises.

For Consumers: Unless otherwise stated or expressly agreed, The Natural Way shall in any case deliver the product within thirty (30) days of the conclusion of the agreement. Should this still not be possible, The Natural Way shall expressly inform the Customer thereof and ask for a reasonable time for delivery. If The Natural Way cannot deliver within this reasonable delivery time, the Customer may cancel and The Natural Way shall refund the amounts paid within fourteen (14) calendar days. No other compensation may then be claimed.

Article 8. Right of withdrawal

When the agreement between The Natural Way and the Customer concerns a distance contract with a consumer, i.e. an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products and services, in which, up to and including the conclusion of the agreement, use is made exclusively of one or more techniques for distance communication or is concluded outside the sales area, the Customer-consumer has the right to withdraw the order without penalty or without giving reasons (although The Natural Way always appreciates feedback in this respect).

The Customer then has a period of fourteen (14) days to revoke the agreement. This period expires fourteen (14) days 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 products; or
• if the Customer has ordered multiple products delivered separately in the same order, the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the last good; or
• if the delivery of a good consists of several shipments or parts, the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the last shipment or part;

Before the expiration of the withdrawal period, the Customer shall inform The Natural Way unequivocally of his or her decision to withdraw from the contract. To this end, the Customer may use the model withdrawal form included as Annex 1 to these Terms and Conditions or deliver another unequivocal statement to The Natural Way's address or by e-mail declaring his or her decision to withdraw from the contract.

The Customer shall then bear the costs of return shipment.

The Natural Way shall inform the Customer of a refusal or acceptance of the right of withdrawal and in the event of an acceptance, The Natural Way shall reimburse all payments received from the Customer, including, if applicable, the costs of delivery, without delay and in any event within fourteen (14) days from the day on which The Natural Way is informed of the Customer's decision to withdraw from the contract. The Natural Way shall make the refund using the same means of payment as that used by the Customer during the original transaction, unless the Customer has expressly agreed to another means of payment.

Without delay and in any case within fourteen (14) days from the day on which the Customer has communicated his decision to withdraw from the contract to The Natural Way, the Customer shall return or come and hand over the products. The deadline is met when the Customer returns the products before the fourteen (14) day period has expired.

The purchased product may only be returned in its original condition and in its original packaging. The principle is that the Customer may only handle and inspect the product as he or she would be permitted to do in a physical store. The Customer is liable for any diminished value of the products resulting from handling the products beyond what was necessary to establish the nature, characteristics and functioning of the products. Thus, if the product is no longer marketable due to, for example, soiling or damage, the Customer will be charged the price of the product.

The Natural Way may wait until it has received back all the products or until the Customer has proved that he has returned the products, whichever comes first.

The Customer may not exercise the right of withdrawal for:

1° the delivery of products manufactured according to consumer specifications, or which are clearly intended for a specific person;

2° the delivery of goods that spoil quickly or have a limited shelf life;

3° the delivery of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and whose delivery seal has been broken.

Article 9. Complaints and Warranty

The Natural Way does its best to perform a quality check before collection or shipment of products, as well as to provide appropriate packaging if necessary. Nevertheless, you may have complaints about the products delivered. After receiving the order of products, the Customer or the person to whom the delivery should have been made, must immediately inspect the delivered products and report any defects immediately and in any case within three (3) calendar days in writing via e-mail or by registered mail.

For Consumer Customers, a legal warranty shall also apply to any defect existing at the time of delivery of the movable tangible property and manifesting itself within a period of two (2) years from delivery.

The costs incurred to return goods will in principle be borne by the Customer unless the complaint proves to be justified or if you have not chosen the cheapest standard delivery option. We recommend that you keep the original packaging, as well as proof of purchase and payment.

In principle, complaints are answered within fourteen (14) calendar days. However, filing a complaint does not affect the Customer's payment obligations.

In the event of a justified complaint, The Natural Way has in principle the right to replace the products.

Article 10. Protection of personal data

The Customer's personal data will be processed in accordance with the Privacy Policy, which can be consulted via the homepage of the Website and this link. The Privacy Policy can also be obtained on first request.

The Customer authorizes The Natural Way to use its trade marks, such as name and logo, within the framework of promotional activities. The Customer may at any time protest against this in writing, whereupon the mention shall be immediately and permanently removed.

Article 11. Use of cookies

The Website makes use of cookies. We refer to the Cookie Policy, which can be consulted via the homepage of the Website and this link.

Article 12. Intellectual property rights

The Customer expressly acknowledges that all intellectual property rights relating to the products and to the information, communications or other expressions relating to the products displayed, on any medium whatsoever, belong to The Natural Way or its suppliers or other claimants.

By intellectual property rights is meant e.g. copyrights on images, texts, photographs, logos, drawings, or other intellectual property rights such as brand names, patents. No intellectual property rights are transferred to the Customer.

The Customer receives a personal non-transferable right of use: the orders are therefore only for the use of the Customer or the persons registered by him.

The Customer is not permitted to transfer any password received to third parties and must adequately protect his login data and password. The Customer shall fully compensate and indemnify The Natural Way for all damages resulting from the loss or release, whether intentional or unintentional, of his login data and password.

In case of non-compliance with The Natural Way's intellectual property rights and the above regulations, the Customer shall be liable for liquidated damages of 150% of the price and this for each violation established separately, without prejudice to compensation for higher proven damages. The Customer shall be responsible for any established unauthorized use by third parties and shall indemnify The Natural Way in this regard.

Article 13. Proof

The Customer expressly accepts that the agreement may be concluded electronically. The Customer accepts that electronic communications and backups may serve as evidence.

Article 14. Indivisibility

The possible nullity of one or more of the clauses of these Terms and Conditions or other conditions of The Natural Way does not affect the applicability of all other clauses. In case of nullity of one or more clauses, the Customer and The Natural Way shall, to the extent possible according to their conviction, negotiate to replace the null and void clause(s) by (an) equivalent clause(s) that comply with the general spirit of the concluded Terms and Conditions.

Article 15. Liability

The obligation on the part of The Natural Way is an obligation of means.

The Natural Way's liability, contractual and extra-contractual, is limited to the amount for which its liability insurance intervenes, including its own share.

Unless otherwise required by mandatory legal provision, The Natural Way shall in no case be obliged to compensate indirect or consequential damages such as but not limited to damages to third parties.

As regards Customer Companies: The Natural Way in no way excludes its liability for an error committed or negligence with fraudulent intent or with intent to harm or where mandatory legal provisions or case law would prohibit such exclusion or limitation.

As regards Customer-Consumers: The Natural Way does not exclude its liability for its wilful intent, gross negligence or that of its appointees or agent, nor, barring force majeure, for the failure to perform an obligation which constituted one of the main performances of the contract, or the fault resulting in bodily injury or death or when mandatory legal provisions or case law would prohibit such exclusion or limitation.

The expiry date of the products is to be respected by the Customer at all times. It is only valid and therefore the quality of the product is only guaranteed if the packaging has not yet been opened and the product has been stored correctly.

Without prejudice to mandatory legal provisions or provisions of public policy, any claim against The Natural Way shall in any case lapse if the claim has not been brought before the courts within one year after the circumstance giving rise or likely to give rise to liability is discovered, or could reasonably have been discovered.

All elements which, beyond the control of The Natural Way, were reasonably unforeseeable and unavoidable at the time of the conclusion of the agreement, and which make it impossible for The Natural Way to perform its commitment, such as but not limited to electronic breakdown, natural elements, traffic jams and accidents on European roads, breakdowns in the (telecommunications) network or connection or communication systems used and/or the unavailability of the Website at any time, fire, war, government regulation concerning infectious diseases/epidemics, shall be considered as force majeure. The Natural Way cannot be held liable for delays or defects in execution if this is due to situations of force majeure beyond its will or control. Force majeure also entitles The Natural Way to request the revision or suspension, and in case of permanent force majeure, the dissolution of the agreement, upon first written request.

Article 16. Translations

The Dutch text of these Terms and Conditions and any other terms and conditions of The Natural Way take precedence over any translations.

Article 17. Transferability

The Customer may not transfer his contract or any part thereof to a third party without the express written consent of The Natural Way or when otherwise indicated by The Natural Way itself.

Article 18. Applicable law and competent court

All offers and agreements are exclusively governed by Belgian law, even if the Customer has its domicile or registered office abroad. The applicability of the Vienna Sales Convention is expressly excluded.

All disputes relating to or arising from agreements or offers concluded with The Natural Way shall be submitted to the competent courts and tribunals of the district where The Natural Way has its registered office, which have exclusive jurisdiction, unless mandatory legislation would prohibit this.

As a consumer, the Customer also has the right to file a complaint with an independent dispute body. For this purpose, The Natural Way refers to the European Commission's Online Dispute Resolution (ODR) website: ec.europa.eu/consumers/odr.

Article 19. Contact

If the Customer has any questions, comments or complaints concerning these Terms or other terms and conditions of The Natural Way, the Customer can always reach The Natural Way via the contact details mentioned in the article 1 of these Terms.

The Natural Way will reply to the Customer as soon as possible.

ANNEX 1 MODEL WITHDRAWAL FORM

(Only complete and return this form if you wish to revoke the contract)

- To:

The Natural Way BV
Vlierstraat 89
9120 Beveren
Belgium
+32476536643
VAT BE0774.939.334

Registered in the Crossroads Bank for Enterprises under the number 0774.939.334
RPR Ghent (Dendermonde division)
(further called ‘The Natural Way’)
E-mail address: info@thenaturalway.be


- I/We (*) hereby inform you that I/We (*) hereby confirm our agreement concerning the sale of

the following goods (*)/provision of the following service (*) revoke(*)

..................................................................................................................................................................................................................................................................................................................................................................

- Ordered on (*)/Received on...........................................................................................................................

- Name(s) of consumer(s) ...................................................................................................

- Address of consumer(s) ...........................................................................................................................

...........................................................................................................................

- Date ...............................................................................................................

- Signature of consumer(s)

(only if this form is submitted on paper)

.......................................................................................................................................................................................................................................................

(*) Delete what does not apply.