General Sales Conditions
I. Belmodo Boutique
1.1 BELMODO BOUTIQUE is the webshop where BELMODO offers products for limited time periods, while stock lasts.
1.2 BVBA BELMODO (‘BELMODO’) is a company under Belgian law, with its registered offices in Belgium at 9000 Gent, Korianderstraat 2B, with a registration in the Belgian Crossroads Bank for Enterprises under the company number 0897.889.111 and with VAT-number BE0897.889.111. You can also contact BELMODO by e-mail [[email protected]].
II. Application of BELMODO’s General Sales Conditions
2.1 BELMODO’s General Sales Conditions (and all documents to which they refer) apply to all offers, orders and contracts which are placed and/or concluded through BELMODO BOUTIQUE [www.belmodo.be/shop] or through BELMODO’s website [www.belmodo.be]. BELMODO delivers all products which she offers on the aforementioned websites in accordance with these General Sales Conditions. BELMODO declines the application of all other conditions, a.o. those proposed or determined by the customer, in whatever way, at whatever moment and in whichever form. Deviations from BELMODO’s General Sales Conditions are conditional upon the written confirmation and signature by BELMODO.
2.2 By ordering a product with BELMODO, the customer unconditionally accepts these General Sales Conditions, in the version that applies at the moment of the order, which always remains available online and of which the customer can always print a copy. BELMODO files your order and contract and will keep you informed of the details of your order by e-mail.
2.3 If not conflicting, the present General Sales Conditions are supplemented by the general terms and conditions (‘algemene voorwaarden’) of the BELMODO-website [www.belmodo.be/legal]. If conflicting, these General Sales Conditions shall prevail. BELMODO respects your rights, including your right to ordered products which correspond with their description (‘conformity’), be fit for their purpose and be of satisfactory quality.
III. Purchases via the BELMODO BOUTIQUE
3.1 The offers of the BELMODO BOUTIQUE are open to natural persons of 18 years old or older. BELMODO is always entitled to ask written proof of the age of the customer and, for lack of proof hereof within a reasonable delay, the order will be deemed to have been cancelled.
3.2 To place an order, the customer proceeds following the instructions on the BELMODO BOUTIQUE-website [www.belmodo.be/shop] w.r.t. the placing an order and w.r.t. changing and order which is ‘ongoing’. Subsequently, the customer will be able to place the order. The order amounts to an offer of the customer to BELMODO up until BELMODO provides the customer with the confirmation of the order or up until the customer invokes his right of withdrawal.
3.3 The customer warrants that he provides BELMODO with exact and correct information. The customer is required to keep this information up-to-date and to keep BELMODO informed of possible modifications.
3.4 The total price of the purchase is mentioned on the order page after the selection of the goods and/or services. This total price comprises all costs and taxes, regardless of a price which may have been mentioned previously and/or elsewhere. BELMODO tries very hard to ensure that the price given to the customer is accurate, but this price has to be validated by BELMODO before BELMODO can accept it. If the price of the order would change prior to the acceptance of the order by BELMODO, BELMODO will contact the customer to ask him whether the customer wishes to confirm the order with the modified price.
3.5 The customer shall pay for his purchase or purchases in full at the time of ordering. To that end, the customer provides BELMODO with the details of his credit or debit card (issued by a credit or debit card provider which is accepted by BELMODO) or of his PayPal account. As long as BELMODO does not dispose of these details, BELMODO cannot process the order nor enter into an agreement with the customer. In case the customer wishes to pay by means of another payment method indicated on the BELMODO-website [www.belmodo.be/faq], BELMODO will only process the order after the full payment has been received. BELMODO reserves the right not to use certain payment methods and to refer the customer to another payment method, on the basis of a credit check.
The customer confirms that he has the full capacity to use his credit or debit card or bank account, at the moment where the customer provides BELMODO with the required details. The total amount of the envisaged order needs to be covered fully by the balance of the credit or debit card or the bank account.
3.6 The customer warrants that all data provided to BELMODO are correct, that he is entitled to the credit card, debit card, account and/or other means of payment which he uses and that the customer disposes of sufficient funds and/or credit facilities to cover the total price of the order. BELMODO reserves the right to obtain validation of the customer’s payment details prior to the delivery.
3.7 The customer needs to ensure that the ordered products suffice and meet his needs and personal wishes, which will nor can be guaranteed by BELMODO. The customer confirms that the products offered by BELMODO are standard products which are not made bespoke to fit any particular requirements that the customer may have.
IV. Contract formation and invoicing
4.1 BELMODO is not obliged to deliver the ordered products and/or services up until the acceptance of the order. Except for an express acceptance of the order, any other correspondence (a.o. confirmation of receipt) is strictly informative and does not entail the acceptance of the order. BELMODO can decline the customer’s order at its sole discretion, for whatever reason, including the non-availability of the ordered products, and can propose an alternative product or service. In the latter case, BELMODO may ask the customer to place the order once more, after which the previous order shall be deemed to have been cancelled.
4.2 A contract shall be formed as from the acceptance of the customer’s order by BELMODO. The present General Sales Conditions will apply to this contract. As from that moment, BELMODO shall be legally bound to deliver according to the order, subject to availability of the ordered goods and/or services.
Acceptance of the order by BELMODO shall take place by means of an e-mail to the customer, whether or not with annexes, in which the acceptance of the order by BELMODO is expressly stated. This acceptance shall be deemed to come into effect when BELMODO has dispatched it. The formed contract between the customer and BELMODO merely comprises the products of which the delivery is confirmed to the customer. BELMODO is not obliged to deliver other products, whether or not these were included in the customer’s order, up until the customer also receives a confirmation relating to these other goods and/or services.
BELMODO reserves the right to refuse to process the order and/or to have it cancelled up until the acceptance of the order. In case of a cancellation of the order prior to the acceptance thereof, BELMODO will promptly provide for a refund of any payment already received, possibly via a credit or debit card company.
4.3 After the aforementioned acceptance, BELMODO may send an electronic invoice to the customer relating to the ordered products and/or services, regardless of the customer’s obligation to pay BELMODO previously. While the customer confirms that an electronic invoice suffices, the customer has the right to ask for a hard copy of the invoice within 5 days after having received the electronic invoice.
4.4 If the customer identifies an error in his order after it has been placed, he will contact BELMODO per e-mail via [[email protected]].
4.5 In the event that the customer:
Violates one of his contractual obligation vis-à-vis BELMODO;
Serves notice to any of his creditors that he has suspended or is about to suspend payment, that he shall be unable to pay his debts, or that an order is made or a resolution is passed for its winding-up or administration order is made or an administrator is appointed to manage the customer’s affairs, business and/or property or a receiver and/or manager or administrative receiver is appointed in respect of all or any of the customer’s assets or undertakings or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator which entitle the court to make a winding-up or bankruptcy order or the customer takes or suffers any similar or analogous action in consequence of debt in any jurisdiction;
BELMODO is entitled to terminate all the contracts with the customer immediately, by means of a written notice to the customer, and to retain any advance payment. The customer confirms that he will indemnify BELMODO against all claims, losses, damages, liabilities, costs and expenses, of whatsoever nature resulting from such termination. All sums due to BELMODO from the customer shall become immediately payable.
4.6 In case of belated payment of an invoice, BELMODO reserves the right to claim interests for the belated payment, calculated on the basis of the legal rate and such as of the date of the first payment collection letter. In addition, a penalty of 12,5% may be computed for the outstanding amount, with a minimum of 30,00 EUR, in addition to collection costs.
4.7 The termination of the contract shall be without prejudice to any accrued rights or remedies of either BELMODO or the customer. Termination of a contract will not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
5.1 BELMODO tries its best to deliver in conformity with the accepted delivery and such at the address that the customer provided when placing the order. However, it can prove impossible for BELMODO to deliver to certain locations. In such case, BELMODO informs the customer on the basis of the data that were provided when placing the order and will try to have the order cancelled or have the delivery effected at another address.
5.2 BELMODO aims to deliver in conformity with the accepted delivery and such within the time BELMODO indicated at the time of the order. BELMODO is unable to guarantee any firm delivery dates at the time of the order, but the delivery shall not take place later than 30 days after the formation of the contract.
5.3 BELMODO aims to keep the customer informed if it is expected that the estimated delivery date will not be met. However, BELMODO shall not be liable, to the extent permitted by law, for any losses, liabilities, costs, damages, charges or expenses which could arise out of late delivery.
5.4 On delivery, the customer may be required to sign for delivery, e.g. an acknowledgment of receipt. The customer confirms that he will immediately inspect the products for faults, defects and visible damages before signing for delivery. The customer needs to keep the acknowledgement of receipt in case of future discussions on this subject.
5.5 BELMODO solely delivers in its standard packagings. Specific demands of the customer in this respect will not be taken up unless in case of an express, written confirmation by BELMODO, with an indication of the additional costs for the customer resulting therefrom.
5.6 All risks in the product and/or service shall pass to the customer upon delivery. From the time when the risk passes to the customer, BELMODO decline all liability, e.g. for damages, destruction or loss.
5.7 The customer undertakes to open the delivered goods with care so as not to damage them.
5.8 The customer ensures his availability for safe receipt of the delivery, without undue delay and at any time reasonably specified by BELMODO
If the customer is not available to take delivery or collection, BELMODO may leave a notice for the customer at the delivery address, with instructions on either redelivery or collection from the carrier. The delivery might also be delivered to a neighbour or a safe place.
5.9 Delays in the delivery and/or collection because of the customer’s unreasonable refusal to accept delivery or if the customer does not accept delivery or collect the product from the carrier (within two weeks of the first attempt to deliver the product to the delivery address), entitle BELMODO to, without affecting any other right or remedy available to BELMODO, to undertake the following:
Charge the customer for a reasonable storage fee and/or other costs reasonably incurred by BELMODO;
No longer make the order available to delivery to and/or collection by the customer, who shall be informed that the order and the therefrom resulting contract shall be terminated due to the customer. In such case, BELMODO shall refund to the customer or to the credit or debit card company any amounts that were already paid w.r.t. this order and/or contract, less the reasonable administration charges (a.o. for attempting to deliver and then returning the products, other storage fees).
6.1 BELMODO reserves the right to cancel an order and/or a contract when one or more of the ordered products and/or services is/are not available, for whichever reason. In such case, BELMODO will contact the customer immediately and all already paid amounts will be refunded within 30 days following this notice, using the same payment method originally used to pay for the product.
VII. Faulty products
7.1 BELMODO tries is best to deliver products undamaged and in good conditions which confirm with the manufacturer’s instructions, as mentioned on the BELMODO BOUTIQUE-website and/or in the description at the moment of the order by the customer.
7.2 If the customer informs BELMODO that the delivered products are faulty, he confirms that he will keep the products at issue in the present condition, allowing BELMODO to inspect these within a reasonable delay. BELMODO will then try to find a solution as soon as possible, whereby BELMODO may need the assistance and prompt provision of information regarding the products at issue (a.o. the way in which it is alleged that the product is damaged or defective, the delivery note and other information).
7.3 If the customers requires that the products be repaired, replaced or refunded, where it did not conform to the contract and BELMODO finds that the product in question :
Has deteriorated through wear and tear;
Was used contrary to the instructions for the products issued by either BELMODO or the manufacturer;
Has been misused, abused or subjected to neglect, improper or inadequate care, lack of care, damage or abnormal conditions;
Has been involved in an accident or attempt to modify or repair the product (save for when done by BELMODO);
BELMODO is entitled, at its discretion, not to repair, replace or refund for the product and/or to require that the customer pays all carriage and servicing costs at the current standard fees and costs. BELMODO may charge these costs to the customer’s credit card or debit card, or by means of the payment details provided by the customer when placing his order. To the extent permitted by law, BELMODO will not be liable for any loss, liability, costs, damages, charges or expenses resulting therefrom.
7.4 The products are solely intended to be used in accordance with the instructions published by the manufacturer. The customer takes up the responsibility to ensure that the products shall be used strictly in accordance with those instructions.
VIII. Right of withdrawal
8.1 The customer confirms that the hereunder specified right of withdrawal cannot be invoked w.r.t.:
Services of which the performance has begun with the customer’s prior express consent;
Goods made to the customer’s specifications or clearly personalised;
Goods which are liable to deteriorate or expire rapidly;
Sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
Goods which are, after delivery, according to their nature, inseparably mixed with other items;
Sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
Newspapers, periodicals or magazines;
Digital content, which is not supplied on a tangible medium of which the performance has begun with the consumer’s prior express consent.
8.2 Save for the application of article 8.1, the customer has the right to withdraw from a contract, without penalty and without giving any reason, provided that the customer informs BELMODO of his decision by an unequivocal statement within 14 calendar days and thereby states that any delivered products will be returned to BELMODO. The customer may use the model withdrawal form presented hereunder, but this is not obligatory. It is the customer’s responsibility to retain a copy of his withdrawal statement. The aforementioned withdrawal period of 14 calendar days commences on the first day after the delivery of the products or after the formation of the services agreement. The withdrawal statement must be sent within this 14 calendar day period. BELMODO confirms the receipt of the withdrawal as well as the time thereof.
Model withdrawal form
- To: [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]
- I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/for the provision of the following service*
- Ordered on*/received on*,
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
*Delete as appropriate.
8.3 The customer has to return the received products in their original and complete condition (with a.o. all tags, labels, original packaging etc.), at his own costs, after which BELMODO will refund the customer for all prior payments relating to the returned goods, as soon as possible and at least within 30 days after the receipt of the returned goods. The refunds will be carried out by means of the same payment method as priorly used by the customer, save where the customer paid with voucher. In the latter case, BELMODO reserves the right to reimburse the due sums by crediting the customer’s account with the amount of the order.
8.4 The refunds only cover the costs related to the cheapest delivery method for the delivery to the customer. Additional costs relating to other, more expensive delivery methods will not be refunded to the customer. BELMODO is entitled to take into account the diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods, and to diminish the amount refunded accordingly.
8.5 BELMODO reserves the right to suspend the refund until the returned goods are received or until the customer indisputably demonstrates that he has returned the goods.
IX. Limitation of liability and force majeure
9.1 The present clause prevails over all other clauses of BELMODO’s General Sales Conditions and of all documents to which is referred. The present clause sets forth BELMODO’s entire liability as well as the customers sole and exclusive remedies w.r.t.:
The performance, non-performance, purported performance or delay in performance (in full or in part) of BELMODO’s General Sales Conditions or of a contract between BELMODO and the customer;
All other claims in relation to BELMODO’s General Sales Conditions or the entering into or performance of these General Sales Conditions.
9.2 BELMODO declines all liability, save for exceptions provided in the present article, for breach of contract, breach of obligations (of whatsoever nature), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these General Sales Conditions, including , including, without limitation, liability expressly provided for under these General Sales Conditions or arising by reason of the invalidity or unenforceability of any term of these General Sales Conditions.
BELMODO does not exclude its liability for intentional fault, deception, fraud, death or personal injury caused to the consumer by BELMODO’s breach of duty nor any other liability which cannot be excluded by applicable law or the customer’s statutory rights as a consumer. However, this liability is limited in accordance with this article 9.
9.3 BELMODO’s only duty is to execute its obligations under these General Sales Conditions with reasonable care and skill. BELMODO does not warrant in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the BELMODO-websites and excludes all liability in this regard, as well as all liability relating to the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
9.4 BELMODO’s total liability vis-à-vis the customer or any third party, pursuant to whichever contract, shall in no circumstances exceed, in aggregate, a maximum amount of 100,00 EUR or 110% of the total worth of the contract at issue, whichever is greater. This limitation is provided in relation both to any liability expressly provided for under these General Sales Conditions and to any liability arising by reason of the invalidity or unenforceability of any term of these General Sales Conditions.
9.5 BELMODO cannot be liable for any breach, hindrance or delay in the performance of a contract attributable to any cause beyond BELMODO’s control including without limitation any act of god, actions of third parties (including without limitation hackers, suppliers (supranational or local) governments and (quasi-) governmental authorities, non-governmental authorities, insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation, regardless of whether the circumstances in question could have been foreseen.
In the aforementioned cases, either BELMODO or the customer may terminate a contract immediately, by means of a written notice to the other party, where the events in question last for a period of 2 business days or more. In such event, neither party will be liable by reason of such termination, save for the refund of a product which the customer already paid for and which had not yet been delivered.
Where BELMODO has contracted to provide identical or similar products to more than one customer and BELMODO is prevented from fully meeting its obligations to all of these customers because of a reason of force majeure, BELMODO reserves the right to decide at its absolute discretion which contracts will be performed and to what extent.
X. Warranties and complaints
10.1 BELMODO performs its obligations under its General Sales Conditions with reasonable care and skill and always aims at the satisfaction of its customers. BELMODO therefore thanks her customers to contact BELMODO via e-mail [email protected]] or at its registered offices in Belgium at 9000 Gent, Korianderstraat 2B, most notably in case of complaints.
BELMODO tries its best to respond to all requests as soon as possible and will contact the customer to confirm the receipt of his message, whenever relevant. However, it is not always possible to respond immediately, e.g. when the message relates to the manufacturer’s guarantee. In the event that BELMODO has not yet confirmed the receipt of your message within 10 days, please contact BELMODO once more.
In order to minimise the respond delay, the customer should keep his message as accurate and brief as possible and, if relevant, should add the details of his order (e.g. copy of the order) thereto.
12.1 BELMODO preserves the order details and its General Sales Conditions up until 6 years after the acceptance of the order. The customer confirms that he will save and/or print and preserve a copy of all received and available documents, including the present General Sales Conditions.
Any failure or delay by BELMODO in exercising any right under these General Sales Conditions, the exercise or partial exercise of any right under these General Sales Conditions, or any reaction or absence of reaction by BELMODO in the event of breach by the customer of one or more provisions of these General Sales Conditions shall not operate or be construed as a waiver (either express or implied, in whole or in part) of its rights under these General Sales Conditions or under said provision(s) or preclude the further exercise of any such rights. Any waiver of a right must be express and in writing and must be signed by BELMODO.
If there has been an express written waiver by either BELMODO or the customer following a specific failure by the other, this waiver cannot be invoked by the other in favour of either a new failure, similar to the prior one, or a failure of another nature.
These General Sales Conditions and the various rights and obligations arising hereunder shall inure to the benefit of and be binding upon BELMODO, the customer and their respective legal representatives, successors, and authorised assigns, provided, however, that the customer shall not assign this Agreement, in whatever way or form, directly or indirectly, or any part hereof without the prior written consent of BELMODO.
No person who is not a party to these General Sales Conditions nor to a contract that resulted therefrom is entitled to receive rights therefrom or to claim rights relating to any disposition in these General Sales Conditions.
RELATIONSHIP BETWEEN BELMODO AND THE CUSTOMER
None of the provisions in these General Sales Conditions or in a contract resulting therefrom can be interpreted to lead to a partnership, agency or employer-employee relationship between BELMODO and the customer.
All transactions, correspondence and other means of contact between BELMODO and the customer shall happen in the language of the order.
11.1 Any notice pursuant to BELMODO’s General Sales Conditions (and the documents to which these refer) or pursuant to a contract, are to be provided in writing and may be delivered in person, by means of a registered letter with acknowledgment of receipt or by e-mail addressed to the relevant party at its last known address or e-mail address.
11.2 Any notice provided by post will be considered to be received 2 working days after such has been posted, when the address of the addressee is vested in Belgium. A notice per e-mail will be considered to be received when the e-mail has been received at the recipient’s server. For means of proof, it will suffice that the letter or e-mail was correctly addressed and, where relevant, that it contains sufficient stamps.
BELMODO reserves the right to modify her General Sales Conditions at any given moment and at any point. These modifications will be published online. The continued use of the BELMODO- and BELMODO BOUTIQUE-websites entail the acceptance of the modified General Sales Conditions.
GOVERNING LAW AND JURISDICTION
The present General Sales Conditions and contract (as well as any non-contractual obligations resulting therefrom or in relation herewith) are governed by and interpreted in accordance with Belgian law.
Both parties submit to the non-exclusive competence of the Belgian courts, most notably those of the jurisdiction of Gent.