Terms and conditions
- Article 1 – Definitions
- Article 2 – Identity of the seller
- Article 3 – Applicability
- Article 4 – Offer
- Article 5 – Agreement
- Article 6 – Prices
- Article 7 – Payment
- Article 8 – Delivery and execution
- Article 9 – Defects and complaints
- Article 10 – Right of withdrawal
- Article 11 – Retention of title
- Article 12 – Liability
- Article 13 – Force majeure
- Article 14 – Duration transactions
- Article 15 – Intellectual property right
- Article 16 – Personal data
- Article 17 – Applicable law and competent court
- Article 18 – Various provisions
Article 1. Definitions
- Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance – WCUP;
- Consumer: every natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
- Buyer: any natural person or legal person who is or will be contracted in a contractual relationship of any kind with WCUP;
- Products: the subject of one or more agreements;
- Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
- Technique for distance communication: means that can be used to conclude an agreement without the consumer and trader being in the same place at the same time;
- Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the possibility to withdraw from the distance contract within the cooling-off period;
- Day: Calendar day;
- Duration transaction: a distance contract with regard to a series of products and / or services, the supply and / or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information;
Article 2. Identity of the seller
Trade name: WCUP
Company form: Public limited company (NV)
Company number: 0675.676.264
VAT identification number: BE 0675.676.264
Registered office: 3583 Beringen, De Weven 15
Telephone: 0032 / (0) 11 / 23.03.20
Bank account number: IBAN BE xxx BIC xxx
US DBA: WCUP USA
Registered office: 26895 Aliso Creek Road, Suite B-1066, Aliso Viejo, CA 92656
Article 3. Applicability
3.1. These general conditions apply to all offers from WCUP USA as well as to any agreement entered into with WCUP USA.
3.2. The use of the website and / or the placing of an order counts as explicit acceptance of the general sales conditions that are always available via the website as well as all other rights and obligations as stated on the website.
3.3. The buyer accepts that these terms and conditions shall only apply to the exclusion of their own or other conditions from the buyer, even if they stipulate that they are the only ones that apply.
3.4. These general terms and conditions are subordinate to any additional and / or special conditions that, if expressly stated, apply to certain services and / or products, unless otherwise stated.
3.5. One or more provisions of these general terms and conditions can only be deviated from if this has been expressly agreed in writing. In that case, the other provisions of these conditions remain in full force.
3.6. WCUP USA reserves the right to change and / or supplement the general terms and conditions of sale at any time. It is therefore recommended to consult these conditions on a regular basis.
3.7. To place an order, you must be at least 18 years old. If you are not 18 years old, we ask you to have the order placed by your parents or legal guardian. If we notice that an order has been placed by a minor, we can refuse this order.
3.8. We only deliver in the US. If you specify a delivery address in another country, we can decide to refuse your order.
Article 4. Offer
4.1. Each offer is valid as long as the stock lasts and can at all times be adjusted or withdrawn by WCUP USA.
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4.2. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a good assessment of the offer by the buyer. The buyer can always receive additional explanations about the offer. However, WCUP USA can not guarantee that certain characteristics of products will not change over time, for example with a view to quality improvement. Despite our precautionary measures, errors or errors in the performance can not be excluded, in which case WCUP USA can not be held liable in any way.
If the entrepreneur uses images, these are a true reflection of the offered products and / or services. However, these do not impose contractual obligations under WCUP USA and WCUP USA can in no case be held liable on the basis of the content or presentation of these images.
Article 5. Agreement
5.1. The contract comes into being when the buyer receives a confirmation e-mail from WCUP USA. After receipt of the order, the customer receives a confirmation with the details of the agreement and an invoice. After receipt of payment, the agreement is final and the delivery period begins to run.
5.2. The buyer and WCUP USA expressly agree that by using electronic communication forms a valid agreement is reached so that the absence of a normal signature does not affect the binding force of the offer and its acceptance. The electronic files of WCUP USA apply here as a presumption of proof to the extent permitted by law.
5.3. The place of delivery is agreed in writing at the time of the agreement. Changes to the delivery address must be communicated in writing and any additional costs must be charged. Possible partial deliveries may take place depending on the size and diversity of the order.
Article 6. Prices
6.1. All prices are shown in USD ($), excluding any taxes that apply in the US or it’s states.
6.2. During the validity period stated in the offer, the prices of the products and / or services offered will not be increased.
6.3. Special offers are only valid as long as stocks last.
6.4. The buyer owes the price that WCUP USA in its confirmation in accordance with article 5.1. of these conditions. Obvious errors in the quotation, such as obvious inaccuracies (eg typing errors), can also be corrected by WCUP USA after the conclusion of the agreement.
6.5. If additional delivery costs are due, the amount is clearly communicated to the buyer prior to the approval of the order.
Article 7. Payment
7.1. Orders can be paid via the website in the following ways:
Credit card (VISA, Mastercard, AMEX)
7.2. In order to guarantee secure online payment and the security of your personal data, the transaction data is transmitted encrypted with SSL technology over the internet. No special software is required to pay with SSL. A secure SSL connection can be recognized by the ‘lock’ in the bottom status bar of your browser.
7.3. In the event that a payment term has been agreed by WCUP USA, the purchaser is in default by the mere expiration of the term. Payment terms can only be agreed in writing under terms and conditions to be determined and agreed upon.
7.4. If a payment method with a credit card is chosen, the conditions of the relevant card issuer apply. WCUP USA is not a party in the relationship between the buyer and the card issuer.
7.5. In the event of non-payment or late payment by the buyer, the buyer will owe a default interest on the outstanding amount at the statutory interest rate, counting from the day on which the payment should have been made until the day of full payment. In addition, the buyer is liable for a flat-rate compensation of 10%, with a minimum of $125.
7.6. The buyer must also be responsible for all (extra) judicial costs of whatever nature WCUP USA has had to bear as a result of non-fulfillment by the buyer of his (payment) obligations.
7.7. In the event of overdue payment, WCUP USA has the option to dissolve the agreement with immediate effect or to suspend (further) delivery until the buyer has fulfilled the payment obligations in full, including the payment of any interest and costs due.
Article 8. Delivery
8.1. WCUP USA will take the greatest possible care when receiving and executing orders.
8.2. Orders are delivered as quickly as possible. WCUP USA strives to send orders within the shortest possible term for delivery with a delivery deadline of 30 days after receipt of the order.
8.3. Except for a consumer buyer, the aforementioned delivery time is only an indication so that no rights can be derived from this and WCUP USA can not be held liable.
8.4. A consumer-buyer has the right in case of non-timely and / or partial delivery to dissolve the contract without costs unless there are factors on which WCUP USA has no influence such as force majeure, accident, unrest, strikes, barriers, floods, etc. If the consumer-buyer invokes this right, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
8.3. WCUP USA therefore calls on an external service provider. This will deliver your purchase during the working week and within the usual working hours.
8.4. If a product that is temporarily out of stock is ordered by the buyer, it will be indicated when the product is available again.
8.5. Deliveries take place at the address given by the buyer during the realization of the agreement.
8.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, passes to the buyer.
8.7. If the delivery takes place in parts (for example, when only a few products are in stock), then WCUP USA has the right to regard each delivery as a separate transaction.
8.8. If the delivery can not take place because the buyer does not wish to receive or receive the products, the costs for the return are at the expense of the buyer.
8.9. The buyer is obliged to purchase the purchased goods within the agreed term. In the absence thereof, WCUP USA is entitled to claim the payment of the purchase price of the part not purchased, or to dispose of the agreement without judicial intervention (on the condition that the purchaser repays any advances already paid for the product in question).
Article 9. Defects and Complaints
9.1. The buyer is obliged to carefully inspect the products immediately after receipt. Complaints of the buyer that relate to defects in the product or the delivery, which are visible at the latest, must be made by the buyer within fourteen (14) days after delivery (or within fourteen (14) days after the invoice date if the products do not belong to the buyer. could be delivered) to WCUP USA in writing.
9.2. The buyer, who is not a consumer, is not entitled to return the products for which no motivated complaints exist. If this happens without a valid reason, all costs associated with the return will be borne by the buyer. WCUP USA is in this case free to store the products for third parties at the expense and risk of the buyer and to return it to the buyer at the request of the buyer.
Article 10. Right of withdrawal
10.1. The consumer-buyer can cancel the purchase within fourteen (14) calendar days after delivery of the product without giving any reason and without paying a fine. The reflection period of 14 working days starts from the first day following the delivery of the product. If the last day of the cooling-off period falls on a Saturday, it is not taken into account and the reflection period ends on the next working day.
10.2. For the following categories of products, in accordance with article 80, §4, 2 ° W.H.P.C. no right of withdrawal:
goods that have a clearly personal character (eg heart rate monitors, swimming gear, underwear, etc.)
audio and video recordings and computer programs whose seal has been broken or the packaging has been opened
books, loose newspapers and magazines
perishable products such as foodstuffs or products that age quickly
products manufactured according to the specifications of the consumer-buyer
10.3. The costs for returning the product are borne by the consumer buyer.
10.4. The return shipment must take place via the same route as the delivery.
10.5. If the consumer-buyer wishes to make use of his right of withdrawal, he is obliged to report this to WCUP USA within 7 working days after delivery of the products. The product must then be returned to WCUP USA in the state in which the consumer buyer has received the product, stating his bank account number. The return shipment must be well packaged and sufficiently stamped to be returned to WCUP USA, 26895 Alsio Creek Road, Suite B-1066, Aliso Viejo, CA 92656. Unstamped returns are not accepted by WCUP USA.
10.6. There is no right of withdrawal when the packaging is no longer in original, complete, undamaged and unused condition.
10.7. If the consumer-buyer has used the right of withdrawal as mentioned in the previous paragraph and the return is received in good condition, then WCUP USA will refund the amount paid by the consumer-buyer to WCUP USA via the same payment method with which you have paid.
10.8. WCUP USA can never be held liable for any damage, including theft or loss, which is caused by the return to the packaging or the product.
10.9. If the product has not been received in accordance with the conditions of the right of withdrawal, the purchase price will not be refunded. The product remains the property of the buyer who is obliged to collect his property within two weeks. At the request of the buyer, the product can also be delivered at the agreed price.
Article 11. Retention of title
11.1. Ownership of a product is transferred to the buyer, notwithstanding the actual delivery, after it has fully paid the payment due for this product, including the compensation of any interest, damage clause and costs.
11.2. The buyer may not tax, sell, resell, dispose of or otherwise encumber the products before the property has been transferred.
Article 12. Liability
12.1. In principle, the products supplied by WCUP USA are covered by the warranty as determined by the manufacturer or importer of the relevant product. If the delivered product does not comply with the agreement, the buyer must notify WCUP USA within a period of two (2) months after discovery.
12.2. In addition, in accordance with the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer buyer has a legal guarantee for any lack of conformity of the goods that exists in the delivery of the goods, and manifests itself within the two (2) year from the date of delivery. Also the articles 1649bis t.e.m. 1649octies of the Civil Code apply.
12.3. The vitamins, supplements, and other products are by no means a substitute for healthy food. WCUP USA gives no guarantee whatsoever or does not bear any liability for the fact whether or not the products offered are active or for the treatment of certain disorders. In case of doubt, the buyer will have to consult a doctor.
12.3. If WCUP USA is for any reason obliged to compensate any damage to a buyer who is not a consumer buyer, then this compensation will never exceed an amount equal to the invoice value in relation to the product or service that caused the damage.
12.4. Without prejudice to the provisions of this article, there can be no guarantee in the following cases:
if the wear can be considered normal
if changes have been made to or in the product, including repairs that have not been made with the permission of WCUP USA or the manufacturer
if the original invoice can not be submitted, has been altered or made illegible
if defects and / or damage are the result of non-destination or improper use
If damage is caused by intent, gross negligence or negligent maintenance.
12.5. The buyer who is not a consumer buyer is obliged to indemnify WCUP USA against any claim that third parties could have against WCUP USA in respect of the performance of the agreement (eg consequential damage), in so far as the law does not preclude the relevant damage and costs must be borne by the buyer.
12.6. It is possible that WCUP USA will include links on its website to other websites that may be interesting or informative to the visitor. Such links are purely informative and WCUP USA is not responsible for the content of the website referred to or the use thereof.
12.7. If, for the purpose of discovering a defect of the product or part of the product, which is excluded from warranty, research costs are incurred and these costs are excluded from the guarantee pursuant to article 12, these costs are always for the account of the customer. buyer. WCUP USA strives to report this in advance. Failure to do so will not release the buyer from the obligation to pay these costs.
12.8. When repairing a defect costs are connected and this repair under Article 9.3. excluded from warranty, the buyer will be notified. If the buyer does not expressly agree in writing with the cost estimate, then it can return its property against payment of the research costs. If the buyer has not yet paid these research costs six (6) months after the cost budget has been submitted, the ownership of the product will no longer apply to WCUP USA.
12.9. A reduced warranty may apply to used, second-hand or demonstration models.
Article 13. Force majeure
13.1. In case of force majeure, WCUP USA is not obliged to fulfill its obligations towards the other party. WCUP is entitled to suspend its obligations for the duration of the force majeure.
13.2. Force majeure means any circumstance beyond its control that prevents compliance with its obligations to the other party in whole or in part. These circumstances include strikes, fire, business failures, power failures, disruptions in a (telecommunication) network or connection or used communication systems and / or at any time not available from the website, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any permit to be obtained through the government.
Article 14. Duration transactions
14.1. The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of at most one (1) month.
14.2. a contract that has been entered into for a definite period has a maximum term of two (2) years. If it has been agreed that the distance contract will be extended upon silence of the buyer, the agreement will be continued as an agreement of indefinite duration and the notice period after continuation of the agreement will be a maximum of one (1) month.
Article 15. Intellectual property right
15.1. The buyer acknowledges explicitly that all intellectual property rights of displayed information, announcements or other expressions relating to the products and / or the website are vested in WCUP USA, its suppliers or other entitled parties.
15.2. Intellectual property rights are understood to mean patent, autograph, trademark, design and design rights and / or other (intellectual property) rights, including whether or not patentable technical and / or commercial know-how, methods and concepts.
15.3. The buyer is prohibited from making use of and / or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written consent of WCUP USA, its suppliers or other rightful claimants, unless it only concerns private use of the product itself.
Article 16. Personal data
16.2. WCUP USA respects the applicable privacy rules and legislation.
Article 17. Applicable law and competent court
17.1. Californai law applies to all offers and agreements.
17.2. All disputes related to or arising from WCUP USA offers, or agreements concluded with it, are submitted to the courts of California, USA, unless a mandatory statutory provision expressly designates another court as competent.
Article 18. Various provisions
18.1. If any provisions of these terms and conditions are unlawful, void or for any other reason unenforceable, then this will not affect the validity and enforceability of the other conditions.