Terms of Service
1. General Provisions and Identification of the Seller
1.1. Scope
These General Terms and Conditions of Sale (the "GTC") govern the contractual relationship between the Seller and any non-professional buyer (the "Customer") making a purchase via the Seller’s website (the "Site"). The Seller reserves the right to modify these GTC at any time; however, the GTC applicable to any transaction are those in force on the date the order is placed.
1.2. Seller Identification
The Site is operated by: BIRTZ, registered trademark of Caelis sàrl.
Communication address: 4A Banzelt, L- 6921Roodt-sur-Syre
Registered office: 15 Laangert, L-4971 Bettange-sur-Mess
hello@birtznutrition.com
The Seller is subject to the commercial laws of the Grand Duchy of Luxembourg.
1.3. Customer capacity
By placing an order, the Customer declares to be an adult and legally capable of contracting in accordance with the law or to hold a parental authorization allowing them to place the order.
2. Products and availability
2.1. Product Descriptions
The essential characteristics of the products are presented on the Site. The Customer acknowledges that the photographs and descriptions on the Site are as accurate as possible but may not perfectly represent the product (e.g. packaging shades variations due to technical displays).
2.2. Availability
Products are offered subject to availability. If a product becomes unavailable after an order has been placed, the Customer will be informed immediately and reimbursed for the full amount of the unavailable item(s) within fourteen (14) days.
3. Price and Payment
3.1. Price
Prices are indicated in euros and include all applicable taxes, unless otherwise explicitly stated. The prices listed do not include shipping costs, which are calculated and displayed before final validation of the order.
3.2. Payment
Payment is due immediately upon ordering. The Site accepts the following payment methods: Credit Card (Visa, Mastercard), PayPal, and bank transfer for large orders. The transaction is secured by the Seller's payment service provider. The order will be considered valid upon confirmation of payment.
3.3. Transfer of ownership
The products remain the property of the Seller until full payment of the price, including principal, costs, and taxes.
4. final confirmation
The online ordering process involves the following steps:
Product selection: The Customer adds products to the shopping cart.
Cart review: The Customer verifies the order details, total price, and modifies the cart if necessary.
Identification: The Customer provides shipping and billing information.
Shipping: The Customer selects the delivery method and costs are displayed.
Payment: The Customer selects the payment method.
Final confirmation: The Customer confirms the order and accepts these GTC by checking a box. This confirmation constitutes the electronic signature of the Customer, legally binding the parties to the sale.
Order confirmation: The Seller sends an electronic confirmation email summarizing the order details.
5. Delivery
5.1. Delivery Area
Products are delivered to the address indicated by the Customer during the ordering process. The Seller delivers only within the EU (see our FAQS for more information).
5.2. Delivery times
Delivery times are estimated in working days from the date of order confirmation (on average between 3-8 working days depending on the address). Delays do not entitle the Customer to cancel the sale, refuse the goods, or claim damages, unless the delay exceeds thirty (30) days from the original estimated delivery date.
5.3. Transfer of Risk
The risks associated with the goods are transferred to the Customer at the time the Customer, or a third party designated by the Customer and other than the carrier, physically takes possession of the goods.
5.4. Verification upon receipt
The Customer must check the condition of the packaging and the products upon delivery. Any issues (damage, missing product, broken items) must be clearly noted on the carrier's delivery slip and notified to the Seller via email within three (3) days of receipt.
6. Right of withdrawal
6.1. Right and period
The Customer, if acting as a consumer, has the right to withdraw from this contract without giving any reason within a period of fourteen (14) days.
The withdrawal period expires fourteen days after the day on which the Customer, or a third party designated by the Customer (other than the carrier), acquires physical possession of the goods.
6.2. Exercise of the right
To exercise the right of withdrawal, the Customer must inform the Seller of the decision by means of an unambiguous statement (e.g. per email). The notification must be sent before the withdrawal period has expired.
6.3. Effects of withdrawal
If the Customer withdraws, the Seller shall reimburse all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than fourteen (14) days from the day on which the Seller is informed of the Customer's decision to withdraw. The Seller may withhold reimbursement until it has received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
6.4. Return of Goods
The Customer must send back the goods without undue delay and in any event not later than fourteen (14) days from the day on which the Customer communicates withdrawal from this contract to the Seller. The Customer will have to bear the direct cost of returning the goods.
The product must be returned in its original condition and complete (packaging, accessories, notice, etc.). The Customer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.5. Exclusions
The right of withdrawal does not apply to:
- Goods sealed for health protection or hygiene reasons which were unsealed after delivery.
- Goods which are liable to deteriorate or expire rapidly.
7. Legal Guarantees
All products sold by the Seller benefit from the legal guarantee of conformity and the legal guarantee against hidden defects.
8. Liability
The Seller's liability cannot be held in the event of failure to perform its obligations due to unforeseeable and insurmountable events attributable to a third party to the contract, or due to force majeure as defined by jurisprudence. The Seller shall not be liable for any inconvenience or damage inherent to the use of the Internet network, including system maintenance and repair, a break in service, external intrusion, errors or negligence by third parties or suppliers or the presence of computer viruses.
9. Data protection (GDPR Compliance)
The Seller collects and processes Customer data in accordance with the European general data protection regulation (GDPR). The collected data is necessary for order processing, delivery, invoicing, and customer service. The Customer's personal data is detailed in the separate Privacy Policy document available on the Site.
10. Intellectual property
All elements of the Site, whether visual, graphic, or sound, including the underlying technology, are protected by copyright, trademarks, or patents. They are the exclusive property of the Seller or its partners. Any reproduction, distribution, modification, adaptation, retransmission, or publication of these various elements is strictly prohibited without the express written consent of the Seller.
11. Applicable Law and dispute resolution
11.1. Applicable Law
These GTC and the resulting operations are governed by and subject to the Law of the Grand Duchy of Luxembourg.
11.2. Amicable resolution
Any complaints must first be submitted to the Seller's Customer Service Department by email at hello@birtznutrition.com for an amicable resolution attempt.
11.3. Online dispute resolution (ODR)
In accordance with Article 14 of Regulation (EU) No 524/2013, the Seller informs the Customer that the European Commission has set up an Online Dispute Resolution (ODR) platform, which facilitates the independent out-of-court settlement of disputes between consumers and professionals in the European Union. Customers can access the ODR platform here: https://ec.europa.eu/consumers/odr/
11.4. Jurisdiction
In the absence of an amicable settlement, and subject to the mandatory provisions relating to consumer protection (which may grant jurisdiction to the consumer's place of residence), the courts of the Grand Duchy of Luxembourg shall have exclusive jurisdiction to settle any dispute related to the interpretation or execution of these GTC.