1. Scope and Applicability

The general terms and conditions below apply to all items in the BIOMH product range and to every purchase from BIOMH.

All commercial transactions concluded with our customers are subject to these general terms and conditions. The consumer acknowledges having taken note of these terms and is deemed to accept them by visiting and consulting the BIOMH website or by placing an order with BIOMH.

This agreement sets out the contractual rules regarding the use of BIOMH’s webshop and the orders the user intends to place via BIOMH at that time.

By merely visiting and consulting BIOMH, or by placing an order via BIOMH, the user declares that they agree with its content and that a new agreement is concluded each time.

BIOMH also reserves the right to amend the contractual clauses, whereby publication on the website constitutes notification of the change. Continued use of the website will then be considered acceptance of the amended terms.

Other terms and conditions (for example those of the buyer) shall therefore never apply, unless BIOMH has previously and explicitly agreed in writing to the deviating condition(s).

By accepting the agreement, the user acknowledges that he/she:

a) had the opportunity to read the agreement prior to acceptance;

b) had the opportunity to negotiate the content of each clause individually;

c) was able to print or save the terms.

The user accepts that proof of the above prior knowledge and negotiation may be provided by BIOMH through the user’s acceptance of the agreement.

2. Definitions

3. Company information

BIOMH COMMV

Gustaaf Verhaeghelaan 2

B-9500 Geraardsbergen

Telephone: +32 456 83 19 33

E-mail: biomhinfo@gmail.com

VAT number: BTW BE1025069373

4. Agreement and Acceptance

These terms govern the use of the BIOMH webshop and placing an order with BIOMH. By visiting the website and/or placing an order via the BIOMH website, the consumer agrees to these sales conditions.

These conditions are the only ones applicable to quotations, orders and purchases. The consumer accepts that their own general or specific (purchase) conditions will never apply, unless BIOMH agrees in writing in advance to deviate from these term(s). In addition, by accepting the agreement the consumer acknowledges that they were offered the opportunity to read the agreement in advance, could negotiate the clauses substantively, and could save or print the agreement.

Any ambiguity or situation that may arise which is not expressly described in these terms shall be assessed in accordance with these general terms and conditions.

If the consumer deviated from strict compliance with these terms in the past, this does not grant any right to deviate again in the future. The general terms and conditions remain in force at all times.

Publication on the website of any change to the contractual clauses constitutes notification of that change. The consumer agrees to the changes if they continue to use the website. BIOMH advises the consumer to regularly consult the updated version of the terms on the website in order to remain informed of any amendments.

5. User account and responsibilities

The consumer undertakes not to provide personal login credentials to any third party in order to prevent misuse.

Additional identification measures may always be imposed by BIOMH (e.g. use of an eID). If BIOMH detects irregularities or prohibited use, BIOMH has the right to delete the consumer’s registration, without prejudice to its right to claim damages from that consumer.

6. Products and Use

BIOMH offers high-quality food supplements; all products are available without prescription. Precautionary measures or additional information must always be read carefully by the consumer.

7. Offers and Availability

All offers are made without obligation, unless a specific acceptance period is explicitly stated. Each offer or quotation is valid while stocks last and may be modified or withdrawn at any time by BIOMH.

BIOMH reserves the right to refuse orders, adjust delivery times, or make changes to its offers at its sole discretion, without the obligation to provide reasons.

While BIOMH strives to ensure that all information on the website is accurate and up to date, it may occasionally contain inaccuracies, omissions, or typographical errors. BIOMH shall not be held liable for such errors.

In the event of a discrepancy between the accepted order and the original offer or quotation, the consumer shall not be bound by such discrepancies. The agreement may only be concluded if the consumer explicitly accepts the revised terms.

For any questions regarding products, availability, or delivery times, customers are encouraged to contact BIOMH directly.

8. Pricing, currency and taxes

All prices are displayed in the applicable currency and are inclusive of VAT where required by law.

• For customers in Belgium and the European Union, prices are shown including VAT, in accordance with applicable VAT regulations (including the EU One Stop Shop (OSS) scheme where applicable).
• For business customers within the EU with a valid VAT number, VAT may be exempted and applied via the reverse charge mechanism, in accordance with EU legislation.
• For customers outside the European Union, no VAT is charged, and prices are therefore effectively exclusive of VAT.

Prices are displayed in different currencies depending on the customer’s location:

• EUR (€) 
• GBP (£) for customers in the United Kingdom & Crown Dependencies
• USD ($) for customers in Argentina, Australia, Bahrain, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Honduras, Israel, Jordan, Kuwait, Lebanon, Mexico, Nicaragua, Oman, Paraguay, Peru, Qatar, Saudi Arabia, Syria, Uruguay, Venezuela, United Arab Emirates, United States

The applicable currency is automatically determined based on the customer’s location and may be adjusted accordingly.

Shipping costs and any additional charges are not included in product prices and will be clearly indicated during checkout and in the order confirmation, which reflects the final total payable.

BIOMH reserves the right to modify prices at any time; however, products will always be invoiced based on the prices applicable at the moment the order is confirmed.

For deliveries outside Belgium, and in particular outside the European Union, import duties, local taxes, and customs charges may apply. These costs are the sole responsibility of the customer. BIOMH cannot be held liable for such charges or for any required declarations to local authorities.

9. Retention of Title

BIOMH remains the owner of the goods until full payment has been made to BIOMH. However, the risk of loss or damage passes to the consumer upon delivery of the goods (despite the retention of title).

10. Payment terms

As soon as the consumer receives a confirmation email from BIOMH, the purchase has been concluded. Goods must be paid using one of the proposed payment methods at the end of each order.

11. Delivery and Shipping

The order is final once BIOMH has accepted it and the full amount, including shipping costs, has been paid to BIOMH via the indicated payment method.

Within 2 to 3 working days after confirmation, the goods are shipped. If a product is not immediately available, BIOMH will inform the consumer about delivery or any delay.

As soon as BIOMH hands over the order to the chosen courier service, ownership of that order is transferred. In the event of late delivery, the consumer cannot claim any compensation from BIOMH or the carrier.

Upon receipt, the ordered goods must be checked by the consumer or recipient for good condition. If the goods do not match the order, are incomplete, or arrive damaged, the consumer must immediately inform BIOMH by email.

If the carrier attempts delivery multiple times without the consumer receiving the parcel, it will be returned to BIOMH. The consumer will be informed. The consumer is responsible for additional costs for re-delivery, even if the original order was free of charge.

12. Right of Withdrawal

Consumers who ordered goods online may withdraw from the agreement within 14 calendar days without giving any reason. The withdrawal period starts the day after delivery of the goods to the consumer or to a third party. In this case, the consumer bears the cost of returning the goods. The consumer is also responsible for returning the products in the original, undamaged packaging to: BIOMH, Gustaaf Verhaeghelaan 2, 9500 Geraardsbergen, BELGIUM, within 30 days.

If the consumer returns the goods within the stated period and undamaged, BIOMH undertakes to refund the payment for the goods to the consumer.

If the consumer wishes to cancel the purchase before shipment, the consumer can contact BIOMH.

The right of withdrawal must be exercised by an unambiguous statement (preferably by email) to BIOMH customer service: biomhinfo@gmail.com.

13. Warranty and Product Information

BIOMH can only guarantee reliable delivery of products to the consumer. BIOMH can never guarantee a specific result.

All products offered by BIOMH are registered in Belgium in accordance with Belgian legislation. If the laws and regulations in force in the country of receipt are not complied with, this can never be attributed to BIOMH.

If a product becomes unusable due to improper use, incorrect storage, or use after the expiry date, BIOMH can never be held liable for such defects or the consequences of using expired products.

No guarantee can be provided that use of the website is free of viruses or other harmful programs or components. A link to other websites does not constitute any guarantee or recommendation, and links from this website likewise offer no guarantee of a virus-free or harmless environment.

14. Limitation of Liability and Product Information

Technical defects or inaccuracies in the manufacturer’s documentation are not the responsibility of BIOMH; only the manufacturer may be held liable in such cases. BIOMH accepts no liability for the suitability, tolerability, or any adverse effects associated with the use of its products.

BIOMH shall not be held liable for any damage resulting from improper use of the products. Likewise, BIOMH is not responsible for any modifications made to the products by the manufacturer.

BIOMH’s liability is excluded where any defect or damage arises from inadequate care, failure to follow the manufacturer’s instructions or conditions of use, insufficient professional supervision, negligence, or misuse. BIOMH is also not liable for minor errors or omissions that may remain despite reasonable care in the preparation of product descriptions.

Images displayed on the website are for illustrative purposes only and may differ slightly from the actual products. Product composition and appearance may also change. Consumers are responsible for reviewing and following the manufacturer’s information provided on or within the product packaging.

BIOMH shall not be held liable for any consequences arising from the termination of services, changes to the terms of use, or interruption of the website.

15. Intellectual Property

Most content associated with BIOMH—including texts, drawings, videos, images, photographs, product databases, data, software, trade names, domain names, logos, designations, and other materials—is protected by intellectual property rights owned by BIOMH or third parties.

Without the prior written consent of BIOMH, it is prohibited to modify, store (other than for normal website viewing), reproduce, publish, transmit, distribute, sell, grant rights to third parties, or otherwise use or transfer any of this content, under penalty of damages.

16. Termination

The parties expressly acknowledge that, in light of their respective rights and obligations, this agreement constitutes a fair and balanced arrangement. Should any provision, or part thereof, be held to be invalid, illegal, or unenforceable, such invalidity shall not affect the validity or enforceability of the remaining provisions of this agreement. The parties undertake to replace any such invalid or unenforceable provision with a valid and enforceable provision that reflects, to the greatest extent possible, the original intent and economic purpose of the affected provision.

In the event that BIOMH suspends or terminates this agreement on justified grounds, BIOMH shall not be liable for any compensation, damages, or reimbursement of costs to the consumer.

17. Electronic Communication

The consumer agrees that electronic communications between BIOMH and the consumer may be used as evidence.

18. Complaints Procedure

Any visible damage or quality defects identified upon delivery must be reported to BIOMH immediately.

The consumer must notify BIOMH of any complaints regarding a product, service, or the manner in which it is provided without undue delay. Complaints must be communicated to BIOMH by means of a clear and unambiguous written statement, submitted by email.

19. Governing Law and Jurisdiction

Any dispute arising from the use of this website and/or its content shall be governed exclusively by Belgian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) and any rules of private international law concerning applicable law. In the event of a dispute, the competent court of Oudenaarde (BELGIUM) shall have exclusive jurisdiction. The parties nevertheless undertake to make reasonable efforts to resolve any dispute amicably before initiating legal proceedings.

If any provision of this agreement is held to be invalid, unlawful, or unenforceable, such provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

20. Customer Support

Customer service can be reached by email: biomhinfo@gmail.com or by phone: +32 456 83 19 33