General terms and conditions
Your purchase of our products through the X-OATS website (www.x-oats.com), is subject to these terms and conditions. Therefore, read them carefully. You can permanently save the terms and conditions as a PDF file by clicking on the following link: [URL].
These general terms and conditions apply from 1 August 2022 and replace all previous agreements regarding the order and delivery of products through the website of X-OATS.
These terms and conditions are of X OATS BV, having its registered office at 2990 Wuustwezel, Akkerstraat 20, KBO Antwerpen/ Antwerp Division: BE 0784.943.695 (hereinafter referred to as “We”/us)
Summary
– You can pay with us via: iDeal, Paypal, Mastercard, Visa, Bankcontact, Apple Pay Sofort Banking and SEPA/IBAN bank transfer. You can also use coupons.
– We deliver using regular parcel delivery. We aim to deliver the ordered products within the period indicated on the Website, but in any case no later than 15 working days after your payment. Check the website for current expected delivery times.
– The statutory 14-day cooling-off period (your right of withdrawal) cannot be invoked if you have opened the packaging of the products. – This also applies to products you have mixed with other goods such as powder mixtures.
– Faulty products will be replaced free of charge. No additional guarantees apply.
– For complaints and questions, please contact our customer care service by emailing love@x-oats.com . Complaints can also be submitted to the European ODR platform: http://ec.europa.eu/consumers/odr.
– We process your personal data as part of the orders. This is set out in our privacy policy. Read more at: www.x-oats.com/privacy
1. Definitions
The terms used in these General Terms and Conditions have the following meanings:
X-OATS bags:
The products sold by X-OATS through the Website, traded under the name X-OATS or other names.
Order:
One-off Orders and Monthly Product Orders.
Consumer / You / You(r):
The natural person not acting in the exercise of a profession or business and over 18 years old, excluding pregnant or breastfeeding people.
One-off order:
The Agreement under which X-OATS delivers one or more Products to Consumer on a one-off basis.
Bank holiday:
Belgian/Dutch public holidays.
X-OATS / We / Us / Our:
The trader selling the Products through the Website to Consumers.
Delivery time:
The expected (“ETA”) delivery period indicated on the Website with the relevant Product, or no later than 15 Business Days after receipt of your payment for an Order.
Monthly Order:
The Agreement under which X-OATS delivers Products to Consumer on a monthly basis as a subscription form.
Agreement:
The purchase agreement concluded between X-OATS and Consumer within the framework of an organised distance sales system via the Website regarding one or more Products and to which these Terms and Conditions apply, which form an integral part of the Agreement and therefore also of each Order. The term Order therefore includes the Agreement.
Product(s):
The products traded by X-OATS through the Website.
Conditions:
These general terms and conditions containing the agreements between Consumer and X-OATS, including attachments, integral part of the Agreement between us.
Website:
X-OATS’ website, accessible at: www.x-oats.com
Working day:
Days Monday to Friday, except Public Holidays.
2. Dealer identity and contact details
The Products are offered by the merchant named X-OATS. More information:
Legal name: X-OATS BV
Trade name: X-OATS
Branch and visiting address: Akkerstraat 20, 2990 Wuustwezel, Belgium
Email address: love@x-oats.com
VAT number: BE 0784 943 695
3. Products
For adults only, not for pregnant or breastfeeding people.
– The Products have been developed and manufactured for use by adults. This means that persons under 18 years of age are not allowed to place an Order.
– Always consult a qualified doctor if you are in doubt whether to consume the Products.
Features
– Always refer to the Products’ packaging for information on the Products’ ingredients.
– The Products are intended for consumption and – as regards the X-OATS sachets – generally consist of a composition of oatmeal, oat bran and soy protein isolate. For our pouches, we follow the recommended daily amounts for both macro- and micronutrients for a person aged 18 and above, based on the guidelines resulting from European Regulation 1169/2011. The Products are formulated using only natural products to provide you with all the nutrients you need.
– In general, one bag of X-OATS is equivalent to 1 breakfast/meal. The X-OATS pouches have a shelf life of about one year, provided you keep them unopened in a cool, dry place and preferably in the dark. Please note, if you have opened a Product then you lose the use of your statutory cooling-off period (right of withdrawal). Read about this under the heading “no right of withdrawal after opening or mixing”.
Allergen information
– Always consult the Products’ packaging for allergen information. In general, the following applies: The Products contain soy protein isolate. This contains soy protein. In addition, the Products contain oat flour. Products contain NO gluten, but may contain traces of nuts.
Operating instructions
– Always read the instructions listed on the packaging of the Products before using a Product.
– In general, the following applies to X-OATS sachets: After opening the Product, add the oatmeal mix to the shaker along with approx.300 ml of milk or vegetable milk. Shake well and then refrigerate for 2.5 to 3 hours to consume. By letting the mix rest in the fridge for a few hours, you get a tasty oatmeal that is drinkable. The mix can also be consumed directly, but will be more fluid.
Product information
– The information on the website is of a general nature. The information is not tailored to personal or specific circumstances, and therefore cannot be considered personal, professional or legal advice to the user, consumer. X-OATS makes every effort to display all information as clearly and correctly as possible. Of course, the information on the packaging of the Products takes precedence.
4. Price
The total price of the Products, including VAT (if applicable), and any additional freight, delivery or postage costs and any other charges are indicated in the ordering process on the Website. The way the price is calculated for the Orders is also visible during the ordering process on the Website.
In the case of a Monthly Order, the total price includes the total cost per one-month billing period.
5. Offer and acceptance, payments, deliveries
You can order a Product from us via the Website. By following the ordering process, you will be made aware of the information you have entered before you can finally place the Order. In doing so, you can modify Orders without exiting and starting over. The ordering process can be completed in the Dutch language.
X-OATS’ ordering process on the Website is designed in such a way that Consumers can only accept an offer after it has been made clear to them that placing an Order entails an obligation to pay. Consumer acceptance of the Agreement takes place by using a button or similar function.
X-OATS accepts payments through the Website using : iDeal, Paypal, Mastercard, Visa, Bankcontact, Apple Pay Sofort Banking and SEPA/IBAN bank transfer.
You can also use coupons to pay for all or part of Orders.
Delivery time may vary. Therefore, please check the Website for the most up-to-date expected delivery time. The delivery period is maximum 15 Business Days on average and starts as soon as payment of your Order is received by us.
Once the Order has been received by us, you will receive confirmation of this by e-mail. You will then receive a track & trace code, which will keep you informed about the delivery of the Order. If the Product cannot be delivered, due to being refused or unclaimed by you – and this is not due to the carrier or X-OATS – the following costs will be at your expense:
Shipping costs of the original shipment and the return shipment;
Any duties, taxes and/or customs charges incurred on the package containing the Products for both the original shipment and the return shipment.
You agree that if you choose to have the Order delivered to an address other than your own, such as your neighbours, you will then bear the risk of correct delivery of the Products once the relevant Products have been delivered to the other address.
If X-OATS does not deliver the Order within 15 Business Days after payment, and the statutory cooling-off period applies (see Article 8 of the Terms and Conditions), you as a Consumer may also waive the delivery of the Order. If no legal cooling-off period applies, you agree to give us one last chance to deliver. Should X-OATS fail to deliver after this last chance, you may abandon the Order. In that case, X-OATS will refund all payments you made to us in connection with the Order using the same means of payment you used. This also applies if X-OATS has communicated that no more deliveries can or will be made.
6. Monthly order
If you place a Monthly Order, you will receive the Products ordered each month. You decide how long this subscription lasts. These applicable prices are listed on the Website as part of the ordering process.
Monthly Orders can only be paid by credit card and monthly payments. Any discounts applicable to Products in the first Order will not apply to subsequent Products under the Monthly Order.
No later than 14 Business Days before the end of the month, you will receive an e-mail reminder from X-OATS for charging for the shipment of Products under the Monthly Order.
You can immediately stop or suspend (‘pause’) the Monthly Order at any time. There is no minimum purchase duration. If we have not received notice of discontinuation or pause, Monthly Orders will continue.
Change Terms and Conditions for Monthly Order
– The Consumer and X-OATS agree that the Terms and Conditions may be amended on an interim basis by X-OATS in the case of a Monthly Order. The amended Terms will then be submitted to the Consumer by e-mail.
– The Consumer can then accept or reject the amended Terms and Conditions. In case of rejection, the Consumer waives his Agreement to make Monthly Orders free of charge.
7. Legal cooling-off period (right of withdrawal) Consumers
You have the right, if you are a Consumer, to revoke an Order within a period of 14 calendar days without giving reasons. This right is called the right of withdrawal. The related statutory cooling-off period expires 14 days from the day:
At which point you or a third party designated by you, who is not the carrier, will take physical possession of the (last) Product at the address you provide. This is the case where you have ordered one Product or ordered several Products at once that are delivered separately (in which case the period starts from the delivery of the last Product), or:
At which point you or a third party designated by you, who is not the carrier, will take physical possession of the first Product. This is the case if you take out a subscription, i.e. enter into agreements concerning regular delivery of Products during a certain period of time.
If, as a Consumer, you correctly invoke your right of withdrawal by completing the Model Form of Withdrawal available on the website and attached to these terms and conditions, we will refund you the amount paid by you for the Order (or the relevant part of the Order) upon receipt of the return (including shipping costs you have paid for it).
So for all intents and purposes:
– In order to exercise the right of withdrawal, you must inform us – X-OATS, the trade name of X-OATS B.V., established at Akkerstraat 20, 2990 Wuustwezel, Belgium – of your decision to withdraw from the Agreement by an unequivocal statement (such as in writing by post or e-mail: love@x-oats.com). You can use the attached model withdrawal form (Appendix I) for this purpose. You are not obliged to use this model form. You may also choose another way, as long as it is clear to X-OATS that you have decided to revoke the Agreement.
– To comply with the withdrawal period, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period, your cooling-off period, has expired. Of course, all delivered Products of the respective Order for which you invoke this right must be unopened, undamaged and fully intact.
– You must return or hand over the Products to us immediately – but in any case no later than 14 days after the day on which you communicate the decision to cancel the Order to us. You are on time if you return the Products, intact, undamaged and unopened before the 14-day period has expired.
– If you revoke all or part of the Order, you will receive all payments made by you up to that point, including delivery costs if you revoke an entire Order, (excluding any additional costs resulting from your choice of a mode of delivery other than the cheapest standard delivery offered by us) back from us immediately, in any case no later than 14 days after we are informed of your decision to revoke the Order. We will refund you using the same means of payment with which you made the original transaction, unless you have expressly agreed otherwise. In any case, you will not have to pay any fees for such refunds.
We may wait to refund until we have received the Products back, or you have demonstrated that you have returned the Products, whichever comes first.
You will bear the cost of returning the Products for which you have revoked the Agreement/Order. These will depend on the weight of the Order. We refer you to BE-Post’s website to find out the costs: https://www.bpost.be/nl/price-calculator-result/74/79. Then you will have up-to-date and accurate information.
If you contact us, we can find out what would be the most advantageous way of returning it in your situation.
Remember that the right of withdrawal only applies if you can return the Products of an Order unopened, undamaged and intact (untouched).
7.2 . Conceive and return on time
As set out above, Consumers may revoke the Agreement/Order until the end of the 14th If this 14th, day, i.e. the last day falls on a Sunday or on a Public Holiday, the statutory cooling-off period ends at the end of the next Business Day.
You may also revoke the Agreement/Order before the Product has been delivered.
You have a further 14 calendar days from the revocation of the Agreement/ Order to return the relevant Product.
A revocation can, unless expressly agreed by X-OATS, only be exercised for the entire Order placed or for the entire quantity of a Product you ordered.
7.3. No right of withdrawal or lapse of right of withdrawal
You cannot exercise a right of rescission (right of withdrawal) if delivered goods: have too limited a shelf life; are not suitable to be returned for health protection reasons whose seal has been broken after delivery; or have been irrevocably mixed with other goods after delivery due to their nature.
Therefore, you cannot use your right of withdrawal if:
– The Product has been opened or its packaging broken. After all, the Product then has a limited shelf life. In addition, a health risk also arises if the Product spoils so the right of withdrawal cannot be invoked for this reason too.
– The Product has been mixed with other goods, such as other powders, mixtures or liquids.
– The Product is damaged, soiled, used.
– It does not concern an Order by a Consumer or natural person.
– Based on the previous article, only unopened, undamaged and intact Products are eligible for return based on your right of withdrawal.
7.4 . Revocation processing
X-OATS shall, after revocation within the withdrawal period of the Order, reimburse all payments received from Consumer related to the relevant Order, including delivery costs if you revoke the Order in full (i.e. not only if you return only parts (Products) from a larger Order), at the latest within 14 days from the day of receipt of your declaration of revocation.
X-OATS shall fulfil the obligation referred to in article 10.1 by using the same means of payment as was used by Consumer for the payment of the obligations incumbent on Consumer before the dissolution, for instance with a coupon if Consumer paid with a coupon, unless Consumer has expressly agreed to another means of payment and on the understanding that Consumer may not incur any costs as a result thereof.
Without prejudice to the provisions of article 10.1, X-OATS shall not be obliged to refund the additional costs if the Consumer has explicitly chosen a different way than the least expensive way of standard delivery offered by X-OATS.
X-OATS may wait with the repayment until it has received all the Products back, or until the Consumer has proved that he has returned the Products, whichever time comes first.
If Consumer returns part of the Order, the return shipping costs for the return will be entirely for Consumer and X-OATS should not refund the delivery costs.
8. Compliance and guarantees
X-OATS reminds you of the existence of the legal guarantee that the delivered Product must comply with the Agreement. This means you can expect a sound Product from X-OATS.
Any warranty applies only during the shelf life of the Product and provided it has been stored in accordance with the regulations.
In addition, reference is made to the mandatory provisions of Book VI of the Economic Law Code and the statutory warranty for physically movable goods, limited in this, of course, given the nature of the Products by their shelf life or perishability or mixing with other goods after delivery.
Our Products are intended for end users and not for resale.
If a Product is not sound, X-OATS will replace it free of charge. This means that during the shelf life of the Product, upon opening and first use, You notify Us that in Your opinion the Product is not sound with the specifications why. You keep the Product unchanged for review. If this should be later than six months from the date of delivery of the Order (or the shorter stated shelf life), You must effectively prove the defectiveness; otherwise, it is up to X-OATS to supply You with a new similar Product as an exclusive remedy, unless it is clear that improper storage or handling of the Product has occurred.
If a Product is obviously damaged upon delivery, please take photos of the outer packaging and label, the inner packaging (packing material) and the Product and send them to us by email at love@x-oats.com within 24 hours. Keep everything until we give you a decision on whether to accept this and send a similar Product. The Consumer undertakes to check the Products upon delivery within 24 hours for visible defects, obvious differences or discrepancies in quantities or characteristics compared to the Order and the like.
X-OATS makes no additional, commercial or other warranties in relation to the Products. For example, with regard to taste or how your specific physical constitution processes or reacts to the Products. If in doubt, contact us before placing an Order.
9. Privacy policy
X-OATS processes your personal data when you place an Order or use the Website. This processing is subject to the privacy policy of X-OATS. You can read this policy at: www.x-oats.com/privacy.
10. Customer care
X-OATS’ customer care can be reached via the contact details listed on the Website: www.x-oats.com/contact. Through these contact details, you can ask your questions and/or submit complaints about the Products and/or X-OATS.
11. Duration of the Agreement
Any Order covered by these Terms and Conditions shall be completed by operation of law as soon as the Order in accordance with the order placed and accepted on the website is delivered to the address as indicated.
In the case of a Monthly Order, the Agreement continues until you terminate this Agreement by discontinuing the subscription linked to the Monthly Order. You can stop or suspend (‘pause’) the Monthly Order at any time by sending an e-mail message about it to X-OATS: love@x-oats.com.
Naturally, these terms remain applicable to any disputes that may arise after completion of an Order or termination.
12. Responsibility - force majeure
X-OATS shall execute each Order to the best of its ability and in accordance with the rules of the art.
Given the nature of X-OATS’ Products, visible defects or non-conformity with the order should be reported in writing as soon as possible within 24 hours of delivery via love@x-oats.com. The customer should always keep everything for inspection in its original packaging and without further manipulations or processing.
The responsibility of X-OATS is to repair the defects in accordance with the Order, decide to replace them to which the consumer is entitled in the first place or refund the purchase price of the Products, in which there is any defect than if applicable of the Order, to the customer. This decision lies with X-OATS and is also a limitation of its responsibility.
The parties exclude any responsibility for indirect or consequential damages, loss of use or loss of profits.
Any responsibility or warranty on behalf of X-OATS is of course void (a) at the expiry of a Product’s best-before date (b) on failure to keep or store the Products in the recommended or normal manner for such products (c) improper or incorrect use (d) normal ageing of the Products and any loss of quality associated therewith.
No additional or special representations or warranties are made or offered by X-OATS on its Products, except what is stated on the Products themselves.
Any limitation of responsibility lapses in the event of gross misconduct or negligence on the part of a party, which can be equated with intent or fraud.
The parties are not responsible for force majeure or changed market conditions that make it difficult to fulfil an Order and create a serious imbalance including by way of example: (a) government measures, restrictions on imports or exports (b) war, pandemic (c) obstruction or delays in supply and transport, scarcity of products. In such a case, the relevant Party may suspend its commitments or offer to replace the affected products with equivalent ones. If a case of force majeure lasts too long, longer than ### (one, two or three) months, the parties may refrain from carrying out the relevant part of the order.
13. General provisions, applicable law and online dispute resolution
If any provision of these terms and conditions is declared as void, illegal or unenforceable by any competent government or Authority, this will only affect that provision and the remaining provisions of the agreement will remain in full force and effect between the parties. The parties will agree on a new substitute provision as soon as possible that is as close as possible in spirit and implementation to the void, illegal or unenforceable provision or that moderates it to what is legally permissible.
Failure by a Party to invoke or enforce any provision of, or any right under, this Agreement, at any time or during any period, shall not be construed as a waiver of the relevant provision or of the rights of that Party. This in no way affects the right of the relevant party to enforce that provision or enforce that right at any time.
The Agreements between the Consumer and X-OATS to which these Terms and Conditions relate shall be governed by Belgian law.
Consumer may submit a complaint in connection with an Order to the Dispute Resolution Board via the European Online Dispute Resolution (ODR) Platform: http://ec.europa.eu/consumers/odr/.
All disputes are governed exclusively by Belgian law and will be submitted to the courts of Antwerp, unless You, the Consumer, choose to sue in the court of your place of residence.
Annex I: withdrawal form
To X-OATS BV, located at Akkerstraat 20, 2990 Wuustwezel, Belgium. With VAT number BE 0784 943 695, accessible via e-mail address love@x-oats.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following Products
Ordered on (*)/Received on (*) <DD-MM-YYYY>:
With order number:
Name(s) Consumer(s):
Address Consumer(s):
Signature of Consumer(s)
(only when this form is submitted on paper)
Date <DD-MM-YYYYY>:
(*) Delete what does not apply.
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