Terms of service

1. Applicability

These General Terms and Conditions apply to all legal acts and legal relationships between ECG Nutrition and Supplements BV (Company Number 0880.624.792), of which Global Medics is a trade name (hereinafter referred to as “ECG N&S”), and the customer (buyer, purchaser, and any other contracting party), unless expressly agreed otherwise in writing.

The customer acknowledges and expressly accepts these General Terms and Conditions. The customer shall be deemed to have tacitly agreed to the exclusive applicability of these Terms and Conditions for all orders placed. Any purchasing, payment, or other terms and conditions of the customer shall not apply, even if such terms exclude the present General Terms and Conditions.

2. Quotations, Price Indications and Orders

All quotations and price indications are entirely non-binding unless otherwise agreed in writing and may be withdrawn or amended by ECG N&S as long as the customer has not expressly accepted the quotation or offer.

All price indications are exclusive of VAT and any other surcharges and/or costs unless expressly stated otherwise.

Price indications provided in catalogues, on the internet, and/or through other media are for information purposes only.

3. Deliveries and Transport

Delivery shall always be made Ex Works (EXW), unless otherwise agreed in writing, in which case delivery shall be made at most Free Carrier (FCA) by ECG N&S.

Delivery times are purely indicative and do not constitute a guarantee of delivery or installation on a specific date. Deliveries made outside the indicated period shall in no way entitle the customer to compensation from ECG N&S, nor to termination of the relevant agreement.

In the event of force majeure, ECG N&S shall be released from its delivery obligations without giving rise to any right to reimbursement of purchase prices or deposits already paid by the customer.

Any complaint concerning the delivered goods must, under penalty of inadmissibility, be submitted to ECG N&S by registered mail within 7 days of delivery.

If delivery is made in instalments or partial shipments, ECG N&S shall be entitled to treat each delivery as a separate transaction.

4. Invoices, Payments and Objections

Invoices issued by ECG N&S must be paid without delay before delivery takes place, unless otherwise agreed in writing.

If the customer is acting in the course of business, any unpaid invoice shall automatically and without prior notice of default accrue late payment interest at a rate of 10% per annum from the due date.

In addition, in the event of non-payment on the due date, the customer shall owe a fixed and non-reducible compensation equal to 10% of the invoice amount, with a minimum of €125.00. This compensation is expressly agreed as liquidated damages and administrative costs.

All taxes, surcharges, bank charges, postal charges, collection costs, legal fees, and any other costs arising from late payment of ECG N&S invoices shall be borne by the customer.

If the customer is a consumer, the provisions of Book XIX of the Belgian Code of Economic Law (“Consumer Debts”) shall apply in full.

If the customer fails to pay an ECG N&S invoice by the due date, a free reminder will first be sent. If payment is still not made within 14 days after this free notice of default, default interest shall be charged in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, together with a fixed compensation calculated as follows:

• €20.00 if the outstanding balance is less than or equal to €150.00;
• €30.00 plus 10% of the amount due on the portion between €150.01 and €500.00;
• €65.00 plus 5% of the amount due on the portion exceeding €500.00, with a maximum compensation of €2,000.00, if the outstanding balance exceeds €500.00.

The reminder fee for each additional payment reminder shall be €7.50, increased by the postal charges applicable at the time of dispatch.

Any objection to an invoice issued by ECG N&S shall only be admissible if submitted by registered mail within 7 days from the invoice date. In the absence of such objection, the invoice shall be deemed fully approved and accepted.

5. Cancellation and Termination

An order cannot be cancelled unless ECG N&S has given its express written consent.

In such case, the customer shall automatically and without prior written notice of default owe compensation, in accordance with, among others, Article 1149 of the Belgian Civil Code, equal to 30% of the value of the order, without prejudice to ECG N&S's right to claim higher damages.

In the event of termination, cancellation, or dissolution of the agreement attributable to the customer, for any reason whatsoever, all related costs (including but not limited to administrative costs, legal fees, and collection costs) shall be borne by the customer.

In such case, the customer shall also owe a minimum compensation equal to 30% of the value of the order or agreement, without prejudice to ECG N&S's right to claim higher damages.

6. Liability

The obligations of ECG N&S are obligations of means rather than obligations of result.

The customer shall never hold ECG N&S liable for any damage or accidents resulting from the use of the goods supplied by ECG N&S by the customer, the customer's animals, or any third party.

The customer is solely responsible for the correct use of the goods in accordance with the instructions provided.

Should ECG N&S, in the unlikely event, nevertheless be held liable for any reason whatsoever (including but not limited to product defects, incorrect deliveries, or termination of the agreement), the customer expressly accepts that ECG N&S’s liability shall be limited to a maximum amount of €2,500.00.

7. Retention of Title

The goods sold shall remain the exclusive property of ECG N&S until the full amount due has been paid.

8. Intellectual Property Rights

All industrial and intellectual property rights, including but not limited to trademarks, trade names, formulas, and specific compositions, are and shall remain the exclusive property of ECG N&S.

Any exceptions must be expressly agreed upon in writing and shall always be interpreted restrictively.

9. Jurisdiction and Applicable Law

In the event of a dispute, Belgian law shall exclusively apply.

The Belgian courts of the judicial district of Antwerp, Hasselt Division, shall have exclusive jurisdiction.