Terms of Service

V1.0 - May 30, 2025

Article 1 Definitions

The following definitions apply in these General Terms and Conditions:

1. “Client”: the (future) contracting party of Sarasin Clinic to whom a Quotation is made and/or with whom an Agreement is concluded, as well as any companies affiliated with the Client;

2. “General Terms and Conditions”: these General Terms and Conditions that apply to every offer made by Sarasin Clinic (hereinafter: ‘Offer’), every acceptance by the Client of an Offer and, in general, to every agreement concluded between Sarasin Clinic and the Client (hereinafter: “Agreement”).

3. “Goods”: all goods delivered by Sarasin Clinic pursuant to an Agreement.

4. “Sarasin Clinic”: the trade name of BV SARASIN CLINIC, with registered office at 9830 Sint Martens Latem, Kortrijksesteenweg 20 and company number 0681.553.375.

5. “Services”: all services provided by Sarasin Clinic within the framework of an Agreement.

6. “Special Conditions”: specific conditions that determine the Agreement between the Client and Sarasin Clinic and that prevail over the General Terms and Conditions.

Article 2 Conclusion of the agreement and amendments

1. Every Offer is without obligation until accepted by the Customer. The Offer contains a complete and accurate description of the Goods offered. The description is sufficiently detailed to enable the Client to make a proper assessment of the Offer. If Sarasin Clinic uses images, these are a true representation of the Goods offered. Obvious mistakes or errors in the offer are not binding on Sarasin Clinic.

2. A Quotation is only accepted by signing the Quotation in writing and handing it over to Sarasin Clinic, or by electronic confirmation by email to welcome@sarasinclinic.com. This confirmation means that an Agreement is considered to have been fully and legally concluded. If the Client is acting in the capacity of a consumer, an order confirmation will be sent by email.

3. Acceptance of the General Terms and Conditions implies that the Customer completely waives the application of its own general terms and conditions.

4. Changes to the agreement must always be requested from Sarasin Clinic in writing and confirmed by Sarasin Clinic. If this results in additional costs or extra work, these may be charged by Sarasin Clinic. A requested change may also result in an extension of the delivery time.

Article 3 Delivery

1. Unless otherwise agreed in the Special Conditions, the Agreement consists of:

- The delivery of the goods, being, for example, the provision of customized skin care advice via the online skin care tool on our website and/or via a personal consultation with us, as well as any further active follow-up of the Customer's recommended health program.

- The sale and delivery of Goods.

2. Sarasin Clinic will make every reasonable effort to execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed in the Special Conditions. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the Client will be notified of this no later than one month after placing the order.

3. Sarasin Clinic will make every reasonable effort to deliver the goods punctually in accordance with the agreed schedules or routes.

4. Sarasin Clinic is entitled to outsource the Agreement or parts thereof to third parties or to have them carried out by third parties.

5. If Sarasin Clinic is prevented from (further) performing the Agreement due to force majeure of a permanent or temporary nature, regardless of whether the force majeure was foreseeable, Sarasin Clinic shall be entitled to terminate the Agreement in whole or in part by means of a written notification without judicial intervention and without any obligation to pay compensation, without prejudice to Sarasin Clinic's right to payment by the Client for services already performed by Sarasin Clinic before the force majeure situation arose, or to suspend the (further) performance of the Agreement in whole or in part.

6. The risk of damage and/or loss of Goods shall remain with Sarasin Clinic until the moment of delivery to the Client, unless expressly agreed otherwise.

Article 4 Price and payment

1. If the Customer places an order via our webshop, the amount due must be paid by electronic payment on our online payment module. Notwithstanding the foregoing, if the Customer is acting in its capacity as a company, it must pay the amounts due no later than 30 days after the invoice date.

2. In the event of late payment of any amount due under the Agreement or for any other reason, Sarasin Clinic is entitled to suspend all deliveries and take back the Goods delivered. In addition, Sarasin Clinic shall in that case be entitled by operation of law to compensation equal to 10% of the amount due (with a minimum of EUR 50.00) as well as to conventional default interest in accordance with the statutory interest rate, which, in the event that the Client is acting in its capacity as a company, shall be determined in accordance with the Belgian law on combating late payment in commercial transactions.

3. All delivered Goods remain the full property of Sarasin Clinic until all its claims, i.e. in principal, costs, and interest, arising from the Agreement and/or earlier or later agreements of the same nature, as well as any compensation against the Client or affiliated companies, have been paid in full. The risk of damage or loss of the Goods shall be borne by the Client.

4. If an Agreement is concluded on behalf of two or more Clients, they shall be jointly and severally liable for the full performance of the obligations arising from the Agreement.

5. In the event of termination of the contractual relationship, Sarasin Clinic may set off all mutual claims against the Client, regardless of when the claims in question become due.

6. Late payment of an invoice shall render all outstanding invoices due and payable, even if the due date of these invoices has not yet passed.

7. The submission of a statement of account by Sarasin Clinic shall be sufficient to determine and prove the amount of its claim against the Client (including delivery of the Goods).

Article 5 Right of withdrawal

1. When purchasing Goods, the Customer has the option of returning the Goods without compensation and without giving any reason within a period of 14 calendar days after delivery of the Goods.

2. During this period, the Customer shall handle the Goods and the packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If they exercise their right of withdrawal, they shall return the product to Sarasin Clinic with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Sarasin Clinic.

3. To exercise their right of withdrawal, the Customer must:

4. Either inform Sarasin Clinic of the exercise of this right via the contact page

5. Or send the withdrawal form to Sarasin Clinic: https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf

6. If the Customer exercises his right of withdrawal, he will be responsible for the costs of returning the goods.

7. If the Client has paid an amount, Sarasin Clinic will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

8. The Customer cannot exercise the right of withdrawal in the following cases:

- The Client did not enter into the Agreement in the capacity of a consumer.

- The Goods were custom-made according to the Client's specifications.

- The Goods are perishable or have a limited shelf life.

- Sealed packaging of the Goods has been broken after delivery, such as medicines, supplements, creams

- The Goods are clearly personal in nature.

Article 6 Conformity, warranty, and complaints procedure

1. Sarasin Clinic guarantees that the Goods comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.

2. The Customer must inspect the delivered Goods immediately. Visible defects must be reported by registered letter within 14 days of receipt of the Goods. In the absence of any notification, the Customer's acceptance of the delivery shall be deemed to have been established. Without prejudice to the foregoing, if the Client enters into the Agreement in the capacity of consumer, it must report visible defects to Sarasin Clinic within two months of becoming aware of the visible defect, and the statutory warranty period shall expire two years after delivery in accordance with the Belgian Consumer Sales Act.

3. After the expiry of the periods referred to in the previous paragraph, Sarasin Clinic shall only be liable for hidden defects which the Client has reported to Sarasin Clinic by registered letter within 14 calendar days of becoming aware of the hidden defect, with a detailed description of the hidden defect.

4. If a defect in the Goods is discovered, the Customer may choose to request repair or replacement of the Goods, and if this is not possible, to request an appropriate price reduction or to terminate the Agreement.

5. Any claim for compensation by the Client against Sarasin Clinic shall lapse by operation of law if it has not been brought before the competent court within a period of one year after the facts on which the claim is based were known or could reasonably have been known to the Client.

Article 7 Liability

1. Sarasin Clinic undertakes to provide the Client with information relating to the Agreement prior to the conclusion of the Agreement. Sarasin Clinic is not liable for the correctness, completeness, or accuracy of the information provided to the Client prior to the conclusion of the Agreement.

2. Sarasin Clinic undertakes to perform the Agreement to the best of its knowledge and ability (best efforts obligation), but Sarasin Clinic accepts no liability whatsoever for the failure to achieve the Client's intended purpose (e.g., weight loss goals, remedying certain health problems such as fatigue, remedying certain skin conditions, etc.). and does not enter into any obligation to achieve results.

3. Sarasin Clinic cannot under any circumstances be held liable for damage resulting from:

- Any use of the Goods contrary to the package insert or, where applicable, the advice or instructions provided by Sarasin Clinic (e.g., overdose, misuse, etc.);

- The provision of incorrect or incomplete information by the Customer to Sarasin Clinic, either in the online screening on our website or directly during a personal consultation (e.g., failure to mention allergies to certain products such as fish oil, failure to mention certain conditions such as diabetes, psoriasis, acne, etc.).

- Failure by the Client to adapt other treatments not supervised by Sarasin Clinic to the skin advice recommended by Sarasin Clinic. It is the Client's responsibility to make sufficient enquiries in this regard.

4. Insofar as the Services also include sending reminders to the Customer for the purpose of monitoring the consumption pattern of the Goods, the Customer acknowledges that he/she remains fully responsible for following the recommended consumption pattern, even if for any reason a reminder from Sarasin Clinic is not received by the Customer.

5. Sarasin Clinic is only liable in cases of fraud, deception, and intentional misconduct. Except as provided above, Sarasin Clinic shall not be liable for or obliged to compensate for any immaterial, indirect, or consequential damage, including (but not limited to) loss of profit, loss of turnover, loss of income, production restrictions, administrative or personnel costs, increase in general costs, loss of customers, or claims from third parties.

6. Except in cases of fraud or intentional error and except in cases of material damage caused by the actions or omissions of Sarasin Clinic, the total contractual and non-contractual liability of Sarasin Clinic for all damage that may arise during the entire term of the Agreement shall at all times be limited to the amount invoiced to the Client, unless the amount for which Sarasin Clinic's liability is insured is lower, in which case Sarasin Clinic's liability to the Client shall be limited to that amount.

Article 8 Intellectual property

1. All designs, studies, drawings, sketches, photographs, models, samples, texts produced, questionnaires, advice, and in general all media in which the intellectual services of Sarasin Clinic appear or are contained, shall at all times remain the property of Sarasin Clinic or third parties with whom Sarasin Clinic cooperates, and must be returned by the Client upon first request. The Client acknowledges that the aforementioned items, as well as the associated know-how and methods, are the exclusive property of Sarasin Clinic or third parties with whom it collaborates. The aforementioned items, including all preparatory material, may not be used, disclosed, or reproduced, even in part, without the written consent of Sarasin Clinic or any third-party lawyers.

2. The Client hereby expressly waives the possibility of invoking any right relating to the items referred to in the first paragraph and of using the information obtained to apply for an intellectual property right.

3. The Client fully indemnifies Sarasin Clinic against any claim or liability towards third parties arising from any use of the Goods that infringes or may infringe the rights of third parties.

Article 9 Processing of personal data

1. Sarasin Clinic processes the personal data of the Client as the controller. The grounds for processing used by Sarasin Clinic are the necessity to perform the contractual assignment, compliance with its legal obligations, its legitimate interest, and the express consent of the Client.

2. Personal data will not be stored for longer than is necessary for the processing purposes.

3. Personal data will only be processed internally or with the help of a few processors who assist the company in carrying out its mission, such as an IT company, software packages, and an accountant. The necessary guarantees have been obtained from each processor in accordance with the GDPR. The data will not be processed outside the EU.

4. Sarasin Clinic takes appropriate technical and organizational measures to protect personal data. In the event of a data breach involving your data, you will be notified within a reasonable period of time. This can be done by email to the address known to us.

5. The Customer has the right to submit a request to Sarasin Clinic for access to, correction, deletion, or transfer of their personal data, or to withdraw their consent or object to the processing of their personal data, by writing to the company address or by sending an email to welcome@sarasinclinic.com.

6. Sarasin Clinic undertakes to provide the Client with a reasoned response to its request within a period of one (1) month. Depending on the complexity of the request(s) and the number of requests, this period may be extended by a further two (2) months if necessary. The Customer also always has the option of lodging a complaint with the Dutch Data Protection Authority.

7. For more information about how Sarasin Clinic handles personal data, please see our privacy statement.

Article 10 Nullity clause

The nullity, invalidity, or unenforceability of any provision of these General Terms and Conditions shall nevertheless have its maximum permissible effect and shall not affect the validity of the remaining provisions of these General Terms and Conditions and shall not lead to the nullity of these provisions.

Article 11 Applicable law and competent court

1. Agreements between Sarasin Clinic and the Client to which these General Terms and Conditions apply are governed exclusively by Belgian law.

2. All disputes arising from the Agreement are subject to the exclusive jurisdiction of the courts competent for the registered office of Sarasin Clinic.

Notwithstanding the previous paragraph, if the Client is acting in the capacity of a consumer, disputes arising from the Agreement may be submitted by both the Client and Sarasin Clinic to the Consumer Ombudsman (www.consumentenombudsdienst.be).

VAT = BE 0681.553.375