Terms & Conditions


In General

 

Genauva (“https://genauva.com”) owns and operate this Website. This document governs your relationship with https://genauva.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

 

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern HTTPS://GENAUVA.COM ‘s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

 

The term ‘HTTPS://GENAUVA.COM /’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Homefield, Optimismelaan 95/28, 1140 Brussels, Belgium. Our company corporate registration number with the Belgian Ministry of economy is ON0897 335 225. The term ‘you’ refers to the user or viewer of our website.

 

The use of this website is subject to the following terms of use:

 

  • The content of the pages of this website is for your general information and use only if you agree to the terms and conditions contained herein and register and provide all information requested. It is subject to change without notice however all changes will appear on this page and can be accessed on this website.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. Information displayed on our website is drawn from our product descriptions, third party input and sources that we deem reasonably reliable. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any information you rely upon through this website meet your specific requirements and is current and accurate. You are encouraged to verify all information provided on this website.
  • This website contains material which may be owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • This website processes and displays information for the use of authorized individuals seeking to purchase and receive products offered by us and the purchases or orders may be disclosed to third parties directly or indirectly involved in the fulfilment and shipment of the product ordered. You acknowledge that this disclosure is authorized and approved.
  • Unauthorized use of this website may give rise to a claim for damages and/or is a violation of applicable criminal law and is subject to civil as well as criminal prosecution.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of Florida, with jurisdiction and venue lying exclusively in the Florida State Circuit Court in and for Broward County, Florida. You waive the federal jurisdiction of the United States District Court for all purposes.



     

This Website may contain links to other websites (the “Linked Sites”), which are not operated by https://genauva.com. https://genauva.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

Privacy Policy

 

Our privacy policy, which sets out how we will use your information, can be found at https://genauva.com/privacy-policy/. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

Prohibitions

 

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and https://genauva.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

Intellectual Property, Software and Content

 

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of https://genauva.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by https://genauva.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

Terms of Sale

 

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

 

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

 

In order to contract with https://genauva.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. https://genauva.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be https://genauva.com or may in some cases be a third party. Where a contract is made with a third party https://genauva.com/shop/ is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are in US Dollars and are subject to such changes. Any cost of currency exchange shall be paid solely by you, the buyer.

 

(a) Our Contract

 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipped will be included in the contract formed.

 

(b) Pricing and Availability

 

While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel due to a post order price change and you have already paid for the goods, you will receive a full refund.

 

Delivery and shipping costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

 

(c) Payment

 

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. Any payment(s) that are rejected, refused or back charged following shipment shall carry interest at 1.5% per month until paid.

 

Disclaimer of Liability

 

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law [Your Online Store URL] and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect https://genauva.com/shop/’s liability for any liability which cannot be excluded or limited under applicable law.

 

Linking to this Website

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

 

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with https://genauva.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to https://genauva.com/.

 

Indemnity

 

You agree to indemnify, defend and hold harmless https://genauva.com its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

Variation

 

https://genauva.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity

 

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints

 

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Entire Agreement

 

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and https://genauva.com/. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of https://genauva.com/shop/.

 

Dispute Resolution and choice of laws:

 

You agree to resolve all disputes with us directly and if an agreement cannot be reached, you agree to resolve matters in the Courts of the city of Brussels, Belgium. Refund policy: Unless product is timely reported as damaged at the time of delivery as provided for in these Terms and Conditions, you acknowledge that no refunds or credits will be offered to you. This refund policy is based upon the fact that food products cannot be restocked once you receive them. No exceptions can be made to this policy. Delivery, Inspection and Report of Defects or Delivery Issues: You agree to make a full and complete inspection of the shipment at time of delivery. You must report any visible damage to the shipment and containers to the shipper/driver upon delivery and note same on the delivery documents and bill of lading. A copy of the written notification with date and time of delivery and notification together with photographs of any visible damage shall be sent to us by email on the date of delivery. You will further fully inspect the product following delivery for any defects and report same to us in writing by email with photographs of discovered defects within one (1) calendar day of delivery. Time is of the essence for any notification of visible shipping or product defect.

 

Product Warranty, Storage, Shelf Life and Product Variation:

 

We warranty our product to be of high quality and free of manufacturer defect and suitable for consumer consumption consistent with our ingredient list and product disclosure. We endeavor to provide consistent products to our samples and prior shipments to you. You acknowledge that variations in the formulation may occur as part of our product development and improvement program and this shall not constitute a basis for product rejection or non-conformity of goods. You further acknowledge that our product must be maintained at all time at a temperature of between 16-18° C or 60-64°F with a maximum humidity of 60%. Any temperature or humidity deviation may affect the color or shelf life of the product. Shelf life listed on our product is deemed “best before” from the date of manufacture.