Article 1 – Definitions
- Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
- Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance agreement with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance agreement relating to a series of products and/or services, where the delivery obligation is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information in a way that allows future consultation and unchanged reproduction;
- Right of withdrawal: the possibility for the consumer to opt out of the distance agreement within the cooling-off period;
- Model form: the withdrawal form provided by the entrepreneur that a consumer can fill out to exercise their right of withdrawal;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
- General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Company
- Company Name: Headspastore (Gelasco)
- Address: Blaubergsesteenweg 63C, 2230 Herselt, Belgium
- Phone Number: +32 456 38 15 33
- Email Address: info@headspastore.com
- Company Number (KBO/BCE): 1000295870
- VAT Identification Number: BE1000.295.870
Article 3 – Applicability
All agreements are governed by Belgian law.
Article 4 – Payment
Invoices must be paid before delivery, unless otherwise agreed and explicitly stated on the invoice. Payments made after the deadline or the due date stated on the invoice shall, by operation of law and without prior notice of default, incur interest at a rate of 10% per annum. Additionally, a flat-rate compensation fee of 10% of the invoice amount (with a minimum of 50 EUR) shall be due as damages. Non-payment on the due date makes all other invoices, even those not yet due, immediately payable without further notice and releases the seller from any further performance of their obligations. All prices on the website and invoices are exclusive of import duties, customs fees, shipping costs, and VAT. The buyer is responsible for all transport-related costs.
Article 5 – Acceptance of Terms
Every order implies the customer’s acceptance of these terms and conditions, regardless of how the order was placed.
Article 6 – Defects
By accepting or taking possession of the goods, the buyer expressly acknowledges that the merchandise conforms to their order and is free from any visible defects. Other defects must be reported to the seller in writing immediately upon discovery. Complaints regarding delivered goods or services cannot be accepted if they do not reach us in writing within seven days of delivery. After this period, deliveries and invoices are deemed accepted without reservation.
Article 7 – Cancellation
If the customer terminates or cancels the agreement, or if the agreement cannot proceed due to the customer’s actions, a compensation fee of 50% of the total order amount (with a minimum of 75 EUR) is owed to us.
Article 8 – Transport
If delivery cannot be made at the desired location due to factors such as restricted access, high floors, excessive weight, etc., any additional costs incurred will be charged to the buyer.
Article 9 – Ownership (Retention of Title)
Delivered merchandise remains our property until the full price (principal, costs, and interest) has been paid. The recipient bears all risks from the moment of delivery and must maintain the goods in their original state. All payments will first be applied to the oldest outstanding debts, including costs, interest, and damages, before being applied to the principal amount.
Article 10 – Interest
In the event of non-payment of an invoice by the due date, interest will be claimed by operation of law and without prior notice of default. This late payment interest is calculated based on the reference interest rate of the European Central Bank (ECB).
Article 11 – Limitation of Liability
- General: The entrepreneur is not liable for any damage, direct or indirect, arising from the use of products or services, except in cases of intent or gross negligence.
- Webshop and Website: The entrepreneur is not liable for damages resulting from malfunctions, errors, interruptions, or technical problems on the website, including data loss or order delays.
- Medical Use: Products sold, such as massage chairs, are not intended for diagnostic or therapeutic purposes and must not be considered medical devices. Use is entirely at the buyer’s risk. If in doubt, consult a physician.
- Force Majeure: The entrepreneur is not liable for delays or failure to meet obligations due to force majeure (natural disasters, pandemics, transport issues, government measures, etc.).
- Third Parties: Costs and risks associated with third parties (carriers, installers) are entirely the responsibility of the buyer.
Article 12 – Intellectual Property Rights
All content on the website, including text, images, logos, and videos, is the property of the entrepreneur and may not be reproduced or used without prior written consent.
Article 13 – Online Orders
- Right of Withdrawal: Consumers may cancel an order within 14 calendar days, unless the product is personalized or cannot be returned for hygiene reasons after the packaging has been opened.
- Damage upon Delivery: Damage during delivery must be reported in writing within 48 hours.
- Accuracy of Data: The customer is responsible for providing correct information. Errors may result in additional costs for the customer.
Article 14 – Privacy and Data Protection
Personal data is processed in accordance with the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for more details.
Article 15 – Disputes
15.1. Complaints must be reported in writing within a reasonable time after discovery. 15.2. All agreements are governed exclusively by Belgian law. 15.3. For any disputes, the courts of the district of Turnhout shall have exclusive jurisdiction.
Article 16 – Delivery and Delivery Times
16.1. Stated delivery times are indicative and non-binding. Delays do not entitle the customer to compensation, price reduction, or termination of the agreement. 16.2. Headspastore is not liable for late deliveries caused by the carrier or force majeure. 16.3. If a product is out of stock, the customer will be notified. We reserve the right to deliver orders in installments.
Article 17 – Right of Withdrawal and Returns
17.1. B2C Consumers: The consumer has 14 days to withdraw from the agreement without giving a reason, starting from the day the goods are physically received. 17.2. The direct costs of returning the goods are entirely the responsibility of the customer. 17.3. Products must be returned unused, undamaged, and in their original packaging. Installed or used products are not eligible for a refund.
Article 18 – Warranty Conditions
18.1. B2B Customers: No warranty period applies to products unless otherwise agreed in writing. 18.2. Warranty Exclusions: Warranty does not cover wear and tear parts (filters, seals, lamps), damage from misuse, lack of maintenance, limescale, or repairs by unauthorized technicians. 18.3. B2C Consumers: The statutory 2-year warranty under Belgian consumer law applies. Misuse exclusions remain in effect. 18.4. Carry-in: Defective products under warranty must be brought to or sent to Headspastore at Blaubergsesteenweg 63C, 2230 Herselt, Belgium.
Article 19 – Liability
19.1. Headspastore is only liable for direct damage resulting from proven gross negligence or intent. Liability is limited to the invoice amount of the product. 19.2. We are never liable for indirect damage, such as loss of profit, consequential damage, or loss of clientele.
Article 20 – Intellectual Property and Media
20.1. All media on our channels is protected by copyright. 20.2. Use of AI: Headspastore occasionally uses AI to create content. While we strive for accuracy, we cannot guarantee AI-generated info is error-free. 20.3. Takedown Request: If you believe your copyright is violated, contact info@headspastore.com for immediate review.
Article 21 – Retention of Title
All goods remain the property of Headspastore until the full purchase price is paid.
Article 22 – Third-Party Products
22.1. Headspastore acts solely as a reseller. We do not manufacture the products; they are sold in their original state as supplied by the manufacturer. 22.2. Per the Belgian Act on Product Liability (Feb 25, 1991), the manufacturer is liable for damages caused by product defects. As a reseller, Headspastore is not liable for such damages. Claims should be directed to the manufacturer. 22.3. We will provide manufacturer contact details upon request to assist with claims.
Disclaimer: Headspastore Blogs
The information on our blogs is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Use of this information is at your own risk. Always consult a qualified physician for medical questions.