Conditions générales de services
Last modified on 22 November 2022
1. GENERAL INFORMATION
A. Scope of application
SYMP is a limited liability company validly constituted and existing under Belgian law, with its registered office in Belgium at Avenue Ernest Cambier 151, 1030 Schaerbeek, registered with the Banque-Carrefour des Entreprises de Belgique under number 0783.700.909 (hereinafter referred to as " Symp ", " we ", " our " or " our ").
These Terms of Service (hereinafter, the " Terms of Service ") constitute a legally binding agreement between Symp and any natural person wishing to subscribe to our Services (hereinafter, 2.) (hereinafter, the " Customer ", " you ", " your " or " your ") offered by Symp to the Customer. From then on, the Terms of Service apply to all service offers that will be proposed and executed by Symp for the Customer.
Symp and the Customer may hereinafter be referred to together as the " Parties " or individually as a " Parties ".
Before subscribing to our Services (below, 3.), we ask you to confirm that you have read and accept these Terms of Service.
Acceptance occurs when you confirm your acceptance, by ticking the appropriate box when placing your order, of our service offer and these Terms of Service.
The Parties are bound exclusively by the provisions set out in these Terms of Service. The application of any other conditions is excluded between the Parties.
We reserve the right to modify these Terms of Service from time to time. If we do so, we will notify you by one of the following means:
● or, we will update the date on which the latest changes were made, which appears at the top of our Terms of Service, accessible via the dedicated tab at the bottom of each page of our website www.symp.co (the " Site "),
● or, we will take it upon ourselves to actively inform you of any changes that have taken place, for example by sending you an e-mail to the e-mail address you gave us when we made contact.
Amendments are effective immediately, unless otherwise stated. The only version of the Terms of Service applicable is the one in force when you accepted them.
If you have any questions, comments or complaints relating to these Terms of Service, please do not hesitate to contact us by e-mail at firstname.lastname@example.org or send us a letter to the postal address given above. We will endeavour to reply as soon as possible.
2. DESCRIPTION OF SERVICES
SYMP is a company active in the health sector. As such, Symp offers natural treatment solutions and follow-up tailored to the situation of people suffering from chronic discomfort. Through home analyses, Symp identifies the causes of these discomforts, explains the results and proposes a nutrition and food supplement plan, together with strategies for following the treatment (the " Services ").
3. SUBSCRIPTION TO SERVICES
Subscription to the Services can be made by subscribing to the Services on the Site.
In all cases, an offer containing details of the Services offered by Symp to the Customer as well as the price of the Services and any specific terms and conditions (the "Offer") will be sent to the Customer, after submission of a questionnaire, on the validation tab of the Site basket. The subscription is effective and Symp is bound by the Offer as soon as you confirm it, by validating your basket on the Site.
The Offer submitted to the Customer and these Terms of Service constitute the contract between the Parties (the " Contract ").
4. FINANCIAL CONDITIONS
A. Price and price changes
The price of the Services is set out in the Offer.
Amounts are expressed in euros (€) and exclude charges and taxes (in particular VAT), except where expressly stated otherwise.
B. Terms of payment of the price
Our Services are invoiced on a one-off basis. The method of invoicing is set out in the Offer.
All invoices are payable by the Customer in cash when the basket is validated on the Site, using the payment methods made available by Symp. .
5. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the Contract within a period of fourteen (14) days without having to give reasons for his decision. The withdrawal period expires fourteen (14) days from the day on which the Parties entered into the Contract.
However, the Customer expressly authorises Symp to begin performing the Services during this fourteen (14) day withdrawal period. The Customer therefore acknowledges that he will lose his right of withdrawal once the Services have been fully executed by Symp or at the end of the fourteen (14) day withdrawal period.
To exercise his right of withdrawal, the Customer must inform Symp of his intention to withdraw from the Contract by means of an unambiguous statement sent by e-mail to email@example.com. The Customer may also use the standard withdrawal form appended to these Terms of Services.
For the Customer to comply with the withdrawal period, it is sufficient for him to send the communication concerning the exercise of the right of withdrawal before the expiry of the fourteen (14) day period.
The Customer must inform the Seller by e-mail of his intention to withdraw, mentioning the reference of the order and the services concerned. Symp will proceed with the reimbursement after receipt of the notification of the intention to withdraw.
If the Customer exercises his right of withdrawal, Symp will reimburse all payments received from the Customer (excluding delivery costs), without undue delay and in any event within fourteen (14) days of the Customer notifying Symp of his intention to exercise his right of withdrawal.
Symp makes the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to another means of payment. In all cases, the refund does not incur any costs for the Customer.
In the event that the Customer makes excessive use of his right of withdrawal, Symp reserves the right not to reimburse the Services in full.
6. DURATION AND TERMINATION
These Terms of Service are entered into for an indefinite period but may be terminated by either Party at any time, without cause, by giving written notice to the other Party at least thirty (30) calendar days prior to the effective termination, unless otherwise agreed. The Parties agree that the notice period will not affect any outstanding instalments and that they will perform their obligations with the same diligence and responsibility throughout the notice period.
Without prejudice to the foregoing, the Contract may be cancelled or terminated by operation of law in the following cases:
● in the event of non-performance by one of the Parties of an obligation incumbent upon it under these Terms of Service. In this case, the other Party must give the defaulting Party formal notice, by registered letter with acknowledgement of receipt, to comply with its obligations. If the defaulting party fails to comply with this formal notice within thirty (30) calendar days of receiving it, the Contract will be terminated ipso jure to the exclusive detriment and grievance of the defaulting Party, without prejudice to the other Party's right to claim damages and interest;
● in the event of bankruptcy, dissolution, liquidation or cessation of business for any reason other than financial of one of the Parties to the Contract, the other Party may terminate the Contract with immediate effect, ipso jure and without prior formal notice, by simple notification.
7. INTELLECTUAL PROPERTY
Unless otherwise provided, nothing in the Agreement shall be construed as assigning or conferring to the Customer ownership of any of the applicable intellectual property rights, including but not limited to copyright (including moral rights, to the extent permitted by applicable law), computer software protection (including source code), sui generis database right, trademark right, domain names and trade names (whether or not registered), and all other similar rights.
8. PROTECTION DES DONNÉES À CARACTÈRE PERSONNEL
We process and store the personal data we collect in connection with the Contract:
● in compliance with the laws and regulations in force, applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (" RGPD ") and the Belgian law of 30 July 2018 on the protection of individuals with regard to the processing of personal data, and
The term " personal data " has the same meaning as that given to it in Article 4, 1) of the GDPR.
For the purposes of these Terms of Service, " Confidential Information " means :
● all health-related information of a technical or commercial nature (non-exhaustive list), including all documents, exchanges of mail (also electronic), intelligence, data, and more generally all other information provided by one Party (the " Disclosing Party ") to the other (the " Receiving Party "), in whatever manner and on whatever medium, and which is marked confidential or which the Receiving Party may reasonably suspect is being communicated on a confidential basis ;
● as well as any copy of the foregoing.
Without prejudice to a confidentiality agreement concluded between the Parties, the Receiving Party undertakes to :
● keep secret and confidential all Confidential Information transmitted directly or indirectly by the Disclosing Party, and to respect the rights of the Disclosing Party in this respect ;
● use such Confidential Information solely for the purposes of performing the Contract ;
● exercise, at the very least, the same degree of care with respect to Confidential Information communicated by the Disclosing Party as it would apply to the treatment of its own confidential information ;
● to disclose the Confidential Information only to its employees or consultants, and only reasonably to the extent that this is required for the purposes of performing the Contract ('need-to-know' basis). Such employees and consultants shall be bound by undertakings of confidentiality and non-use of the Confidential Information at least as restrictive as those referred to in this provision , and shall have been made aware of the strictly confidential nature of the Confidential Information provided or made available by the Disclosing Party ;
● put in place adequate procedures for the purpose of ensuring the protection of Confidential Information ;
The obligations in this section do not apply to Confidential Information which the Receiving Party can reasonably prove, in writing, is :
● were in its possession and at its free disposal, before they were communicated to it by the Disclosing Party ; or
● were disclosed to it by a third party acting in good faith and who was not bound, directly or indirectly, by an obligation of confidentiality towards the Disclosing Party ; or
● were or have become generally available to the public without, however, any question of breaches by the Receiving Party of its obligations under this Section ;
● are to be disclosed to the courts of any competent jurisdiction or administration, or in accordance with other legal requirements, provided that the Receiving Party makes prior notification to the Disclosing Party in order to assess the need for and method of producing the required information.
The Receiving Party's obligations under this provision shall survive for the duration of the Services.
10. WARRANTIES AND LIMITATION OF LIABILITY
Symp undertakes to provide quality Services to the Customer. However, Symp does not guarantee that the Services will meet the Customer's specific needs. All Symp's obligations are deemed to be of means, unless expressly stipulated otherwise.
The Services and the advice given are in no way medicines. They are not intended to replace medical treatment or to prevent or cure an illness. The Customer is obliged to consult a doctor to obtain professional advice for any health problem or suspected health problem. The choice and purchase of food supplements are the sole responsibility of the Customer. The Customer must refer to the description of each product to find out about its properties, particularities and side effects.
Symp shall not be liable for any indirect, uncertain, immaterial or unproven consequential or incidental damages, including, without limitation, loss of opportunity or loss of reputation, arising out of or in connection with any provision of these Terms of Service.
In any event, the maximum total liability that Symp may incur under the Contract is limited to the amounts paid by the Customer in the twelve (12) months preceding the occurrence of the last damaging event, unless mandatory legal provisions provide otherwise.
However, nothing in these Terms of Service shall exclude or limit in any way either Party's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it cannot be conventionally excluded or limited.
The Customer undertakes, to the extent permitted by applicable law, to indemnify, hold harmless and defend Symp against any claim, loss, cost, liability or damage relating to or arising from the breach of any of the provisions of these Terms of Service and, more generally, the breach of any laws and regulations that may apply as a result of the application of these Terms of Service.
12. FORCE MAJEURE
Neither Party shall be held liable or be deemed to have failed to perform its obligations under the Contract in the event that a delay or failure in the performance of the rights and obligations set out in the Contract is attributable to circumstances beyond the control of the Parties and disrupting the normal course of business, including, but not limited to, an order issued by the authorities, mobilisation, war, an epidemic or pandemic, a lock-out, a strike, a demonstration, technical faults in the transmission of communications, a failure at the hosting company, a flood, an explosion, a change in global economic circumstances, an act of vandalism, or exceptional meteorological circumstances, without the Party invoking it having to demonstrate the unforeseeable nature of these circumstances (hereinafter, the " Force Majeure ").
The Party claiming Force Majeure shall inform the other Party in writing without delay, and shall take all reasonable steps to overcome the temporary situation resulting from the Force Majeure.
In this case, each of the Parties may suspend the performance of its rights and obligations under the Contract for the time required to overcome this temporary situation, or terminate the Contract if the Force Majeure situation persists for more than sixty (60) working days, without any compensation being due.
Symp reserves the right to assign, delegate or transfer the Contract and the rights and obligations under these Terms of Service to any individual, entity or company. You may not assign, delegate or transfer all or any part of the Agreement or the rights or obligations under these Terms of Service to any third party in any manner whatsoever without Symp's prior written consent.
14. MISCELLANEOUS PROVISIONS
These Terms of Service may be supplemented by additional terms specific to the Offers. In this case, these conditions will form an integral part of these Terms of Service.
Symp's failure to invoke or take any action against the Customer in the event of a breach of any of the provisions of these Terms of Service shall not be deemed to be a waiver of its right to invoke them or to take any legal action in the event of a subsequent breach of the said provisions by the Customer.
The invalidity of any provision contained in the various articles of these Terms of Service shall in no way affect the binding nature of the other provisions of our Terms of Service. The Parties agree that provisions deemed invalid and/or unenforceable by a competent judicial or administrative authority shall be replaced by conforming provisions that are as close as possible to the provisions deemed invalid and/or unenforceable and of equivalent economic effect.
In the event of any inconsistency or dispute regarding the interpretation of any term or provision contained in any translation (in one or more languages) of these Terms of Service, the French version of the Terms of Service shall prevail.
15. APPLICABLE LAW AND JURISDICTION
These Terms of Service shall be exclusively governed by and construed in accordance with Belgian law.
Any dispute relating to these Terms of Service, in particular concerning their validity, interpretation or performance, and more generally any dispute between the Parties, shall be subject to the exclusive jurisdiction of the French-speaking courts and tribunals of Brussels, unless otherwise provided by mandatory legal provisions or public policy.
Before taking legal action, the Parties will take all reasonable steps to reach an amicable solution to the dispute between them.