VEST is a webshop (www.madebyvest.com) that offers knitted articles of clothing and accessories (hats, scarves, etc.) for sale by the private limited liability company CREASI BVBA, with its registered offices at 9270 LAARNE (Belgium), Hof ter Eken 1, registered with the central Database of Enterprises (Kruispuntbank der Ondernemingen) under number 0453.637.326, hereinafter referred to in these General Terms and Conditions as ‘VEST’. Any internet user wishing to buy a product from VEST is referred to in these General Terms and Conditions as ‘the Customer’.
These General Terms and Conditions are applicable to all agreements between VEST and the Customer, and additionally all offers made by VEST. Every order placed for a product offered by VEST online in its webshop assumes that the Customer has read and explicitly accepted these General Terms and Conditions. The Customer explicitly accepts these General Terms and Conditions during the ordering process by checking the box next to the sentence that reads ‘I confirm that I have read the General Terms and Conditions and accept them unconditionally and in their entirety’. The Customer has been given the opportunity to print these General Terms and Conditions and to save them to his computer. A paper copy of these General Terms and Conditions will be sent to the Customer by post only at his explicit request.
These General Terms and Conditions are solely applicable to all offers made by VEST and all agreements between VEST and the Customer. Any general terms and conditions declared applicable by the Customer are explicitly rejected by VEST. Any deviation from these General Terms and Conditions shall be the subject of a separate, prior and written agreement between VEST and the Customer.
All offers and prices quoted by VEST are free of obligation and will not in any way be binding to VEST.
An agreement does not come into effect until the order placed by the Customer has been received by VEST and the Customer has received an order confirmation from VEST confirming that the products ordered are in stock.
VEST retains the right to refuse an order placed by a Customer who has previously failed to pay for an order (in full or in part), and additionally in the event that a previously placed order was or is the subject of dispute between VEST and the Customer.
RIGHT OF WITHDRAWAL
If the Customer decides against a purchase, he is entitled to notify VEST of this in writing, without payment of a fine or notification of any reason, within 14 calendar days of the day after delivery.
If the Customer invokes the above right of withdrawal, he must return the delivered goods at his own risk and expense to the following address: Hof ter Eken 1, 9270 Laarne, Belgium. The products must be returned to VEST in the immaculate condition in which they were delivered and in the original packaging within 14 days after VEST has been informed by the Customer of his intention to invoke his right of withdrawal.
Refunds will be paid within 14 calendar days of receipt of the returned goods to the bank account number provided by the Customer in an accompanying note.
If the products ordered are in stock, VEST will make every effort to dispatch the order on the day after the order was placed, provided this is possible taking into account post office opening hours.
If the products ordered are custom-made the Customer must take into account an additional period of five to ten business days prior to their being dispatched. The Customer will always be informed of the despatch date by email.
The products will be dispatched by bpost to the delivery address specified by the Customer when placing the order. Orders will be delivered only to addresses in a European Union member state. If nobody is present to receive the order, the driver will leave a message so that the parcel can be collected from the nearest post office in accordance with bpost regulations. The Customer is responsible for the timely collection of parcels delivered by VEST to the nearest post office.
If an order is lost in transit VEST will re-dispatch the order at its own expense (provided the product is still in stock) or refund the Customer the price of the product ordered plus postage.
Every instance of force majeure will result in a suspension of the delivery term specified by VEST for the duration of the incident that precludes delivery within the agreed timeframe.
VEST reserves the right to make partial deliveries depending on the availability of the relevant products. The partial delivery of an order can in no case justify a refusal to pay for the products.
TRANSFER OF RISK AND OWNERSHIP
The delivered products remain the property of VEST until the agreed price has been paid, including costs, interests and compensation for loss or damage (if applicable). In the event of non-payment, VEST is legally entitled to take back the delivered products at the expense of the Customer.
The risk of loss, damage or destruction of the products sold is borne in full by the Customer from the moment of delivery of the products to his address.
All product prices are stated in euros, including VAT and administrative costs. Shipping costs are not included in the price and are payable by the Customer in addition to the purchase price.
If any discounts are offered to the Customer, these will apply solely to the individual orders for which they were authorised. They will not under any circumstances, even if they are authorised repeatedly, create a right on the part of the Customer to similar discounts on orders placed at a later time.
The prices that apply to the orders placed by the Customer are those specified on the website on the day on which the order was placed and as confirmed by VEST following placement of the order.
All prices are per item, unless explicitly stated otherwise.
VEST reserves the right to adjust its sales and shipping prices at any time. Nevertheless, prices of products that were ordered by the Customer prior to the adjustment will be those that were valid when the order was placed and as specified in the confirmation email.
If the Customer wishes to receive an invoice this request must be included with the order as a comment. The Customer agrees to VEST sending its invoices electronically. If the Customer nevertheless wishes to receive a paper invoice, this can easily be requested from the customer service desk.
Orders can be paid for exclusively through PayPal or by transfer to the following bank account: IBAN BE67 2850 2285 9087, BIC GEBABEBB.
The Customer guarantees that he is legally entitled to make online payments through one of the above payment methods and that there is a sufficient balance in the bank account linked to the credit card or bank card to cover all the costs arising from the transaction.
Completing the payment process means that the order is finalised and can no longer be modified.
VISIBLE DEFECTS - RIGHTS OF EXCHANGE - RETURN
VEST always thoroughly inspects all products prior to dispatch and ensures that they are properly packaged. The Customer undertakes not to take receipt of any parcels that have clearly been seriously damaged in transit.
On delivery of the goods, the Customer undertakes to check conformity of the quality and/or quantity of the goods supplied with the order placed. If they do not conform the Customer must, under penalty of his claim expiring, notify VEST of this in writing (by e-mail to firstname.lastname@example.org) within five calendar days following delivery, including the reasons for non-conformity, preferably accompanied by a photograph of the damaged item.
If the Customer is not satisfied with his purchase, VEST will offer the Customer the possibility of exchanging the product within five calendar days following receipt of the order. Products offered at a discount cannot be exchanged. Customers wishing to invoke their right of exchange must always e-mail prior written notification of this, including the reason. Return shipments are not accepted unless VEST has been notified of these prior to their dispatch and with statement of reason for their return.
Returns will be accepted only following written approval by VEST. VEST reserves the right to reject a return shipment if there is any suspicion of the Customer having used the product and/or of the product having been damaged by the Customer. If a product is exchanged, the dispatch and return costs paid by the Customer will not be refunded.
The products must be returned by the Customer within five days following their delivery, in the original packaging and in an undamaged and unused condition, accompanied by a letter including the Customer’s details and reference to the Customer’s communication with VEST with respect to the non-conformity of the order or requested exchange.
VEST cannot be held responsible for an inability to deliver an order (on time) in the event of stock being exhausted.
The products are described and portrayed on the website as faithfully and accurately as possible. VEST declines all responsibility for possible errors that may have occurred when posting copy alongside the photographs or texts used to present or describe the products on the website.
All images, photographs and drawings, and additionally all specifications with regard to weight, size, colour, and so forth are only approximations and will never constitute grounds for compensation or termination of the agreement.
The Customer acknowledges his awareness of the fact that the colours on the photographs may deviate slightly from those of the original, in part depending on the quality of the screen on which the images are viewed.
VEST is not liable for any loss or damage arising from the use of the products.
VEST cannot be held liable for any damage arising from an error on the part of third parties, insofar as VEST is dependent upon their cooperation, services or deliveries for the execution of its agreements.
If and insofar as any liability nevertheless resides with VEST, on whatever grounds, this liability will at all times be limited to the amount effectively paid by the Customer for the relevant order.
If the Customer fails to meet his payment obligations (on time), VEST is entitled to terminate the agreement without legal intervention or any prior notice of default being required.
The Customer is entitled to terminate the agreement with VEST only in the event of an intentional error, deception or fraud on the part of VEST, and additionally in case of an abnormal delay in the delivery of a product that cannot be attributed to force majeure. If the customer wishes to exercise his right to rescind the agreement, he must notify VEST of this by registered post within a reasonable term after the reason for the termination have come to his attention.
If the agreement is terminated, the party in default will owe the other party a fixed compensation amounting to 10% of the value of the products ordered.
VEST is not responsible for any delay in the execution or non-performance of its obligations that can be attributed to circumstances beyond its normal control, in which case VEST will not be liable to pay compensation for any form of loss or damage.
If force majeure is invoked VEST’s obligations will be suspended. Force majeure is defined in these General Terms and Conditions as any situation in which VEST’s execution of the agreement is impeded, in full or in part, temporarily or otherwise, by circumstances beyond VEST’s control, even if these circumstances could already be foreseen when the agreement was being concluded. In particular, force majeure can be invoked in the event of stocks being exhausted, non-delivery or faulty delivery to VEST by its suppliers, strikes, adverse weather conditions, and so forth.
Taking into account that the agreement between the Customer and VEST is essentially a payment obligation, force majeure on the part of the Customer is explicitly excluded.
CONTACT - CUSTOMER SERVICE
If the Customer requires more information or has any complaints in relation to his purchase, he can contact the customer service desk on +32(0)9230 64 13 or email@example.com. The customer service desk can also be contacted by post at the following address: Hof ter Eken 1, 9270 Laarne, Belgium.
VEST will make every effort to respond to the Customer within a maximum of five working days.
VEST will collect Customers’ personal details as part of the contractual relationship. The Customer grants his unequivocal permission for these details to be processed in accordance with the provisions of this regulation.
The personal details provided by the Customer will be processed pursuant to the provisions of the Act of 8 December 1992 governing the protection of personal privacy with regard to the processing of personal details (amended version).
VEST will act as the responsible party for the processing of this data for the following purposes: customer administration, processing and follow-up of the orders, and direct marketing by VEST. The Customer is entitled to request and view the processed data, have them updated and oppose their use for direct marketing purposes by VEST, pursuant to the provisions of the Act of 8 December 1992 governing the protection of personal privacy.
INTELLECTUAL PROPERTY RIGHTS
The lay-out and graphic design of the website, and additionally all designs, photographs, images and text materials published on the website are protected by intellectual property rights and will remain the exclusive property of VEST.
Any form of reproduction, publication, imitation or any other type of use in whatever form is prohibited without the explicit prior consent of VEST.
APPLICABLE LAW - COMPETENT COURT OF LAW
All agreements to which these General Terms and Conditions apply are governed exclusively by Belgian law.
All disputes arising between the parties with regard to agreements subject to these General Terms and Conditions will be settled exclusively by the district court of East Flanders, in the Dendermonde region.
AMENDMENTS TO THESE GENERAL TERMS AND CONDITIONS
VEST retains the right to amend these General Terms and Conditions in accordance with changes in its commercial policy and economic and judicial necessities. The new General Terms and Conditions will enter into effect directly following notification thereof to the Customer through the website and will, from that moment on, govern all following orders placed by the Customer.
VALIDITY AND ENFORCEABILITY
If any provision (in full or in part) of these General Terms and Conditions proves to be contrary to statutory law, this will not affect the validity and enforceability of any other provisions of these General Terms and Conditions nor the validity and enforceability of that portion of the relevant provision that is not enforceable or that is contrary to a provision of statutory law. In such a case, both parties will consult with one another in good faith with a view to replacing the unenforceable or contrary provision with an enforceable and legally valid provision that remains as close as possible to the original provision in purpose and intent.