Identity of the Company

These Terms and Conditions apply to every offer made by and every distance contract concluded with:

Fenna Care BV
Registered Office: Pastorijstraat 26, 2382 Poppel, Belgium
Communication Office: Tabakvest 87 – bus 4668, 2000 Antwerp, Belgium
RPR Antwerp, Turnhout division
VAT: BE1024.023.456
Email: support@fennacare.com
Telephone: +32 471 86 46 60
Website: www.fennacare.com

Hereinafter referred to as “Fenna”.

By placing an order, the customer expressly agrees to these Terms and Conditions.

Scope and Definitions

These Terms and Conditions govern the contractual relationship between Fenna and any natural person acting for purposes outside their trade, business, craft or profession (hereinafter the “Consumer”), as well as — where expressly stated — professional customers.

Where the customer acts in a professional capacity, these Terms shall apply in addition to any separate B2B terms issued by Fenna, which shall prevail in case of conflict.

Any deviation from these Terms shall only be valid if expressly agreed in writing by Fenna.

Offer and Product Information

Fenna makes every reasonable effort to ensure that product characteristics are described as accurately and completely as possible. Images, descriptions and indications on the website are provided for illustrative purposes only and do not constitute a guarantee of exact conformity.

The food supplements marketed by Fenna are placed on the market in accordance with applicable Belgian and European legislation and, where required, have been duly notified to the competent authorities. The customer nevertheless acknowledges that food supplements are not medicinal products and are not intended to diagnose, treat, cure or prevent any disease.

Obvious material errors or mistakes in the offer shall not bind Fenna.

Conclusion of the Agreement

The agreement is concluded at the moment the Consumer definitively confirms the order via the webshop and the payment has been successfully processed.

Fenna reserves the right to refuse or cancel an order on legitimate grounds, including but not limited to:

• suspicion of fraud or abuse;
• manifest errors in pricing or product information;
• abnormal order quantities.

In such case, the customer shall be informed as soon as reasonably possible and any payment received shall be refunded.

Prices

All prices are stated in euros and include VAT and other mandatory taxes, unless expressly stated otherwise.

Any shipping costs are clearly communicated prior to completion of the order.

Fenna reserves the right to amend its prices at any time. For subscriptions, the provisions of Article 8 shall apply.

Manifest pricing errors may be corrected even after the agreement has been concluded, provided the Consumer is informed without undue delay and is given the opportunity to cancel the order free of charge.

Promotions and Discount Codes

Discount codes, promotional offers and subscription benefits may be subject to specific conditions as communicated on the website or in the relevant communication.

Unless explicitly stated otherwise, discounts are not cumulative.

Fenna reserves the right to correct or cancel orders in case of misuse of discount mechanisms, evident system errors or unlawful discount combinations, without prejudice to mandatory consumer law.

Delivery

Deliveries are made within the Benelux in accordance with the Shipping & Returns Policy, which forms an integral part of the contractual relationship between the parties.

Delivery times are indicative only. Delay in delivery shall not give rise to compensation or termination, except where the statutory maximum delivery period is exceeded.

Risk of loss or damage passes to the Consumer upon physical delivery of the goods.

Subscriptions (Auto-Charging)

General

Certain products may be purchased via an automatically renewing subscription. By activating a subscription, the customer expressly authorizes recurring charges according to the selected frequency.

Recurring charges are processed automatically via the payment method provided at checkout.

Minimum Duration and Cancellation

In accordance with Belgian law, the Consumer may terminate the subscription after the first successful payment.

The Consumer may pause, modify or cancel the subscription at any time via the customer portal, provided this is done before the cut-off deadline indicated in the portal prior to the next scheduled charge. Changes submitted after this deadline will take effect for the subsequent cycle.

Subscription Pricing

The subscription price applicable at the time of the initial order shall remain applicable to subsequent cycles, except in the event of:

• prior explicit communication to the customer; or

• adjustments required by law.

Failed Payments

If a recurring payment fails, Fenna may perform multiple retry attempts using the selected payment method. In case of continued failure, the subscription may be suspended or terminated.

Right of Withdrawal

The Consumer has a right of withdrawal of fourteen (14) days in accordance with Book VI of the Belgian Code of Economic Law, subject to the conditions further detailed in the Shipping & Returns Policy.

Pursuant to Article VI.53 of the Belgian Code of Economic Law, the right of withdrawal does not apply to sealed goods which are not suitable for return for reasons of health protection or hygiene and which were unsealed after delivery, including food supplements.

Conformity and Complaints

Fenna guarantees the legal conformity of its products in accordance with applicable Belgian consumer legislation.

Complaints must be submitted within a reasonable time after discovery via support@fennacare.com.

For professional customers, visible defects must be reported in writing and with reasons within eight (8) calendar days after delivery, failing which the delivery shall be deemed definitively accepted, without prejudice to mandatory law.

Liability

Fenna shall only be liable for damages that are the direct and proven result of its contractual breach or gross negligence.

To the extent permitted by law, the total liability of Fenna Care shall in all cases be limited to the amount of the relevant order.

Fenna shall not be liable for:

• improper use of the products;
• use contrary to the instructions for use;
• individual intolerances or allergic reactions, to the extent permitted by law.

Intellectual Property

The website www.fennacare.com including but not limited to texts, images, illustrations, logos, trademarks, trade names, product designs, databases, software and all other elements accessible through the website, is protected by intellectual property rights owned by Fenna or its licensors.

Unless expressly authorized in writing by Fenna, no licence or right is granted to the user. Any reproduction, distribution, modification, translation, commercialization, reverse engineering or other exploitation of all or part of the website or its content is strictly prohibited.

The systematic or automated collection of data from the website, including scraping, data mining or similar techniques, is expressly prohibited without prior written consent of Fenna.

Any unauthorized use may give rise to civil and criminal proceedings.

Force Majeure

Fenna shall not be held liable for any failure or delay in the performance of its obligations due to force majeure.

Force majeure includes, without limitation: strikes, transport disruptions, pandemics, governmental measures, payment provider outages, supplier failures, cyber incidents and any circumstance beyond the reasonable control of Fenna that prevents performance in whole or in part.

In the event of force majeure, Fenna’s obligations shall be suspended for the duration of the force majeure situation.

Data Protection

Personal data are processed in accordance with Fenna’s Privacy Policy, which forms an integral part of the contractual relationship.

Governing Law and Disputes

All agreements are exclusively governed by Belgian law.

In the event of a dispute, the courts of the registered office of Fenna shall have jurisdiction, without prejudice to the Consumer’s mandatory rights.

Consumers may also use the European ODR platform:
https://ec.europa.eu/odr