Terms of Service

TERMS OF SERVICE

OVERVIEW


This website is operated by Xtract BV. Throughout the site, the terms “XTRACT” “we”, “us” and “our” refer to Xtract BV, a company incorporated under Belgian law, having its registered office at Stoofstraat 9, 2000 Antwerpen, Belgium and registered with the Crossroads Bank for Enterprises (Kruispuntbank van Ondernemingen or KBO) under enterprise number 0792.479.310. Xtract BV offers its sports performance products (“Products”) available through getxtract.co (“Site”), including all information, tools and Services available from this Site to you, the user, visitor and/or customer (“you” and “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our Site and/ or purchasing Products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively the “Agreement”). These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


Please read these Terms of Service carefully before accessing or using our Site, and/or purchasing our Products.. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.‍


Any new features, products or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.


A “Consumer” means the customer acting as a natural person outside the purposes of his/her business to which we sell and/or deliver Products and to which we provide Services.


SECTION 1 - ONLINE STORE TERMS


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.


You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


You must not transmit any worms or viruses or any code of a destructive nature or attempt to gain unauthorized access to our Site.


You agree to provide information, in accordance with these Terms, that is true, accurate and current.


A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.‍


SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse Service to anyone for any reason at any time.


You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.


The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


All Products presented on the Site are described in good faith and as truthfully as possible.


This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES


Prices and discounts for our Products and Services are subject to change without notice. Offers and prices are indicated in euros and are valid only on the date the order is placed. Only the price indicated on the Site is effective between the parties. The prices indicated at the end of the ordering process indicate the total prices, including all taxes, as well as delivery and any other costs. Changes in factors prior to delivery that affect our prices, including but not limited to third party rates, exchange rates, insurance rates, import and export duties and other charges that may apply to import or export, freight charges and other surcharges, levies or taxes, may be charged by us to you.


We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES 


Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]


We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.


We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any product or Service made on this Site is void where prohibited.


We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations.‍


SECTION 6 – ORDER PROCESS


The ordering process follows a logical and transparent path which you can see thanks to a layout and graphic design provided for this purpose. The ordering process allows easy understanding of which payment methods are accepted, which delivery methods are proposed and their costs. By clicking on the "Pay" button, you place a firm order of the items in your shopping cart. Confirmation of receipt of the order occurs immediately upon receipt of the order. This confirmation of receipt of the order does not constitute a binding acceptance of the order.

We reserve the right not to validate the order, particularly in the following situations:

  • In case of Products not in stock. We only offer on the Site the Products that are in stock. Our services and prices are applicable as long as they are visible on the Site;
  • In case of an order for a Product that, for whatever reason, is out of stock, we will inform you and cancel the order for the out of stock Product;
  • In case of refusal of validation of payment by the issuer of the payment card you use, or in case of fraud or reasonable suspicion of fraud;
  • In case of an order for a large quantity of the same Product or for the same delivery address;
  • In case of abuse of the right of withdrawal granted to you of these Terms, based on several previous orders;
  • In case of identification of a medicinal or therapeutic risk detected in the order of the ordered Products (for example, in case of identification of an interaction between several ordered products, etc.).

In such a situation, the amounts you have deposited, if any, will be fully refunded as soon as possible, the order will be cancelled and the sales contract will be considered not to have been concluded.


You agree to receive an electronic invoice.


SECTION 7 – DELIVERY


Delivery dates indicated by us are based on the circumstances applicable to us at the time the Agreement was entered into and, as far as these depend on the performance of third parties, on the information these third parties have provided to us. All delivery dates are estimates only.

Unless otherwise stipulated in these Terms, the delivery period will commence on the date of the written order confirmation by us. However, if we require additional information from you in order to execute the order, the delivery period will commence on the date on which we have all the necessary information and resources at its disposal, but no earlier than the date of the written order confirmation.

You will not be entitled to claim any compensation if the delivery period is exceeded. You also do not have the right to terminate the Agreement in that case, unless you are considered a Consumer. Consumers have the right to terminate the Agreement after they have requested delivery within a reasonable period or within the statutory period and we could not deliver within that reasonable or statutory period.

If and as far as parties have not explicitly agreed upon the delivery or delivery costs of the Products/Services and transfer of risk in writing, the risk of the Products and their packaging will be transferred to you at the moment the Products are ready for shipment. 


Apart from the actual delivery date, the title to the Products shall not be transferred to you until you have paid the full outstanding amount of our Products and/or Services, including the purchase price, surcharges, interest, taxes and costs payable in accordance with the Terms or an Agreement and services that have been or will be provided in relation to the Products. More information about inspection and complaints can you find in our Refund Policy.


SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


You confirm that you are the holder of the bank card and/or PayPal account with which payment will be made for the Products ordered in accordance with the ordering process provided for in Section 6 of these Terms or you confirm that you have the valid consent of the holder.


For more details, please review our Refund Policy.


SECTION 9 – INTELLECTUAL PROPERTY


For the purposes of this Section “Intellectual Property Rights” means any and all forms of intellectual property rights and protections, including without limitation, patents, trademarks, copyrights, rights in software programs, mask works, design rights, database rights, proprietary rights in know-how, business names, trade names, and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of the afore listed which may exist anywhere in the world, and any other intellectual or industrial property rights in any country and any existing or future applications for or registrations of such rights.


All rights, title and interest, including any Intellectual Property Rights, in and to the Products, Services and the Site and all copies thereof (including any and all related ideas, concepts, know-how, techniques, inventions, discoveries, improvements, specifications, designs, methods, devices, systems, reports, studies, computer software, programming and other documentation, flow charts, diagrams and all other information or tangible material of any nature whatsoever (in any medium and in any stage of development or completion) that are conceived, designed, practiced, prepared, produced or developed by us in the course of providing the Services and the Site are and shall at all times remain our sole and exclusive property.


All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "XTRACT Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such XTRACT Content, contained on the Site is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

We hereby grant you a limited, revocable, non-sublicensable license to access, display and perform the XTRACT Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by us in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any XTRACT Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the XTRACT Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the XTRACT Content.


SECTION 10 - OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new optional Services and/or features through the Site (including the release of new optional tools and resources). Such new optional features and/or Services shall also be subject to these Terms of Service.


SECTION 11 - THIRD-PARTY LINKS


Certain content, Products and Services available via our Service may include materials from third-parties.


Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.


We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 12 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Without prejudice to the foregoing, we will not edit or modify the customer review that you leave on our Site. 


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s Intellectual Property Rights or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 13 - PERSONAL DATA


Your submission and processing of personal data through the store is governed by our Privacy Policy which is available at [LINK].


SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 15 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 16 – WARRANTY


With regards to our Consumers, we warrant any new Product part to be free from defects in workmanship and materials for a period of two (2) years from the date of delivery. This warranty is expressly limited to the replacement or refund of defective Products and is the only available remedy. After a replacement or refund under warranty, the warranty period will not be extended, without prejudice to the legal rights applicable in Belgium. You can directly claim a price reduction or rescission if (i) we refuse to replace/refund the Product, (ii) there is a defect again despite our attempt to replace/refund the Product, (iii) the defect is so serious as to justify an immediate price reduction or rescission of the Agreement, (iv) we have stated or it is clear from the circumstances that we will not make the Products conform to the Agreement by replacement within a reasonable time or without serious inconvenience to the Consumer.


We warrant that our Products comply with applicable food safety legislation of the European Union. 


SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.


We do not warrant that the results that may be obtained from the use of the Products or Service will be accurate or reliable in the sense that our Products can have different degrees of effect on different people. Some will experience major effects, others little or no effect at all. 


You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.


You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Xtract BV, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.‍


Our liability will, in any event, be limited to the compensation invoiced by us and paid by you in connection with the delivery in questions during a period of twelve (12) months directly preceding the date on which the event leading to the liability took place, or an amount of five hundred euros (500.00 EUR), whichever is higher. 


If we involve third parties, we will not accept any liability for non-compliance on behalf of such third party. 


SECTION 18 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless Xtract BV and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.‍


SECTION 19 - SEVERABILITY


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 20 - TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.


If you do not properly or timely fulfil your obligations arising from the Agreement, you will be in default and we will be entitled, without prior notice:


  • Suspend the fulfilment of the Agreement until payment is properly secured; and/or
  • To fully or partially terminate the Agreement with you;
  • All this without prejudice to other rights of us under any Agreement and without us being liable for damages.

Without prejudice to the termination grounds included in these Terms, the legal termination grounds in business to consumer relationships shall apply in full.


SECTION 21 – ASSIGNMENT OF RIGHTS AND OBLIGATIONS


We may transfer the rights and obligations under this Agreement to third parties without your prior written consent. You may not transfer any rights or obligations from Agreements to third parties, unless we have given our prior written consent.


SECTION 22 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.‍


SECTION 23 – FORCE MAJEURE


If we cannot fulfil our obligations towards you due to force majeure, these obligations will be suspended during this situation of force majeure.

However, if a situation of force majeure lasts longer than one (1) calendar month, both parties have the right to terminate the Agreement in writing, completely or partially. In case of force majeure on our part, you have no right to compensation or damages, not even if we can gain an advantage through such force majeure.

Events of force majeure are all circumstances beyond our control, which prevent us from fully or partially fulfilling its obligations towards you or as a result of which it cannot reasonably be expected of us to fulfil our obligations, regardless of whether such a circumstance could have been foreseen at the time the Agreement was concluded. Such circumstances include but are not limited to fire, terrorist attacks, strikes and lockouts, outbreak and/or spread of viruses and/or diseases, stagnation or other production problems experienced by us or our suppliers, or problems in the transport provided by us or third parties, government measures, and also the inability to obtain an approval or license from a government body.

Parties shall inform each other as soon as possible about a (possible) situation of force majeure.


SECTION 24 - GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Belgium. The applicability of the Vienna Sales Convention is excluded. For the benefit of Consumers, more favorable mandatory provisions under Belgian law shall remain unaffected.


All disputes arising from the Agreement or these Terms of Service will be submitted exclusively to the competent court in Antwerp (Belgium), unless the Consumer benefits from more favorable mandatory provisions


SECTION 25 - CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time at this page.


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 26 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at hello@getxtract.co.


Our contact information is posted below:


Xtract BV


hello@getxtract.co


Stoofstraat 9, Antwerpen 2000


+32473652055


BE 0792.479.310