General terms and conditions of delivery of Life Is Now BV. with its registered place of business at Volkstraat 1-3, Antwerp Belgium, registered with the Chamber of Commerce under number 0731697526
Supplier: the private limited liability company Life Is Now BV and all its affiliated companies.
Buyer: a natural person who does not act in the course of his profession or business and who contacts the supplier in connection with a possible contract to be concluded or who has concluded a contract with the supplier.
Offer: any offer made by the supplier for the sale and delivery of products on the website.
Order: any order placed by the buyer for the sale and delivery of products by the supplier to the buyer.
Contract: the contract concluded between the supplier and the buyer with respect to the sale and delivery of products.
Product(s): the product(s) sold and/or delivered by the supplier to the buyer.
Parties: the supplier and the buyer jointly.
Terms and conditions: these general terms and conditions of delivery.
Website: the website www.babybelugastore.com, used by the supplier to run a webshop, among other things.
The terms and conditions apply to all legal relationships in which the supplier acts as a (potential) seller and/or supplier of products, including all offers made by the supplier with respect to products and orders and the acceptance thereof by the supplier, insofar as the parties have not expressly derogated from the terms and conditions in writing.
If and insofar as the contract contains provisions derogating from the terms and conditions, the provisions of the contract will prevail.
If a provision of these terms and conditions is void or voided or the parties are unable to rely on such provision for other reasons, the supplier will be entitled to replace it with a provision that is valid and enforceable, taking the purpose and meaning of the original provision into account as far as possible. In that case, the other provisions will remain in full force.
3.- OFFER AND FOMATION OF CONTRACTS:
All offers made by the supplier, in whatever form, are subject to contract. They will not bind the supplier and only serve as an invitation to place an order, unless otherwise stated by the supplier in writing. This also applies to all catalogues, brochures, price lists and suchlike published by the supplier.
If a period of validity is mentioned in an offer, this offer may only be accepted within this period.
Any specifications of colors, weights, density, quantities and other descriptions in the website are as accurate as possible, but only serve as indications. The buyer cannot derive any rights therefrom.
The contract is concluded when the buyer accepts the supplier's offer by placing an order and complying with the conditions set. The supplier will immediately confirm receipt of the order and the formation of the contract by electronic means.
Any subsequent additional agreements or changes as well as agreements and/or promises (verbal or otherwise) made by staff members of the supplier, will only bind the supplier if and insofar as these have been confirmed in writing by the supplier (or by persons authorized to do so).
All prices stated by or agreed with the supplier are in euros, including vat, other government levies, costs of packaging, insurance and suchlike. The prices are exclusive of dispatch costs. The amount of the dispatch costs will become visible on the website during the ordering process, before payment is made and therefore before the final placement of the order.
The prices of the products are the prices as shown on the website and/or in the offer, subject to price changes as a result of changes in vat rates. In case of changes in vat rates, the supplier will be entitled to increase the agreed price.
After finalizing the order, the buyer will make a payment into a bank account specified by the supplier. Payment must be made in euros, unless expressly otherwise agreed in writing.
If payment is made by Visa or Mastercard, the amount will be debited immediately from your credit card once you accept the payment. The supplier will be entitled to check the validity of the card, to check the spending limit available for the debiting of the total amounts and to check the correctness of the buyer's address details. The supplier reserves the right to refuse the purchase.
In relation to the different modes of payments a fee may be charged by the supplier to the buyer for the payment. The amount of the fee will become visible on the website during the ordering process, before payment is made and therefore before the final placement of the order.
Products will be delivered at the address specified by the buyer.
The supplier will effect delivery within 20 (twenty) days, unless a different delivery period has been agreed upon. The delivery period (agreed or otherwise) will start when the supplier has received payment from the buyer.
The supplier uses the following indicative delivery periods, whereby orders that are placed on a working day are dispatched the next working day and orders that are placed during the weekend or on public holidays are also dispatched the next working day:
Benelux: 1 – 3 working days
EU member states: 3 – 7 working days
Norway and Switzerland: 3 – 7 working days
Other countries: 8 – 12 working days
If the delivery is delayed or if an order cannot be executed or can only be executed in part, the buyer will be informed of this within 3 working days after having placed the order. In that case, the buyer will be entitled to dissolve the contract free of charge. If the buyer dissolves the contract for the reason mentioned above, the supplier will immediately refund the amount paid by the buyer.
The buyer guarantees that the delivery address supplied is correct and complete and that the products can actually be delivered on this address. If delivery of the products appears to be impossible, the supplier will be at liberty to deliver the products, at the buyer's risk, at the most suitable location - in the opinion of the supplier and/or its transporter - in the immediate vicinity of the delivery address agreed upon, or to take the products back at the buyer's risk and expense, possibly store them elsewhere and/or possibly deliver them at a later time.
The risk of the products to be delivered will pass to the buyer when the products are actually available to him or to a third party designated by him (not being the carrier).
The buyer will be obliged to inspect, upon delivery of the products, if the products are undamaged. Any defects in or damage to products and/or packaging which are or could be discovered upon delivery should be mentioned by the buyer on the delivery note and/or the transport documents and should be reported by the buyer to the supplier within 48 hours in a detailed written confirmation of complaint. If such complaints are not reported in time, the goods are deemed to have been received in good condition.
8.- REFLECTION PERIOD AND RIGHT OF WITHDRAWAL:
As the contract was concluded through the website, the buyer will have a reflection period of 14 (fourteen) days, within which the buyer may dissolve the contract without stating any reason.
The reflection period will commence the day after the buyer has received the product(s).
If the right of withdrawal is exercised, the buyer should immediately inform the supplier and request a return form. The products together with the return form will have to be send back within 14 (fourteen) days to the supplier, after which the supplier will inspect the returned goods and if approved will refund the purchase price paid for the products.
9.- OBLIGATION OF THE BUYER DURING THE REFLECTION PERIOD AND EXERCISE OF THE RIGHT OF WITHDRAWAL:
During the reflection period, the buyer should handle the product and its packaging with due care. The product may only be unpacked to the extent required in order to determine the nature, features and functioning of the product. The buyer may only use and inspect the product as he would be allowed to do in a physical point of sales. Meaning:
· All products should be exactly as you received them, with all tags and seal still attached and undamaged.
· All shoes should only be tried on a carpeted surface until the buyer has decided to keep them.
· Shoes and/or accessories should be returned in their original and undamaged box, as this is considered part of the product. Please make sure to return shoes and/or accessories boxes inside another solid cardboard box in order to avoid damage to the original packaging.
The buyer will be liable for any decrease in value of the product as a result of handling the product and its packaging in a way that extends beyond the handling permitted as stated above.
If the buyer exercises his right of withdrawal, he must return to the supplier the products in perfect condition, with all the tags and seal still attached together with a completed return form within the reflection period.
10.- OBLIGATION OF THE SUPPLIER IN CASE OF A WITHDRAWAL:
The supplier will reimburse the payment made by the buyer, for the product returned and will initiate a refund to the buyer’s credit card or original payment method within a few days depending on the credit card issuer’s policies.
The supplier will not be obliged to reimburse any additional costs incurred.
The supplier is entitled to refuse any products returned or only refund part of the payment received from the buyer if the products are not in their original packaging, have been processed or used (other than necessary in order to determine the nature, features and functioning of the goods) and/or are damaged. The supplier will then notify the buyer by electronic means immediately after receipt of the products.
The buyer is entitled to return the product received along with a completed return form and according to the supplier's instructions stated therein within 14 (fourteen) days after the day on which the buyer, or a third party not being the carrier and designated by the buyer has received the product.
The return form has to be fully completed.
12.- RETURN POLICY:
In all cases, returns must be sufficiently stamped and sent by the buyer to the supplier at his own cost. The supplier will not pay for any additional customer tax incurred by the return of goods.
The buyer will return the product(s) along with all accessories delivered, in its original state and packaging and in accordance with the instructions given by the supplier. This means that any returned products must be newly manufactured, undamaged, unworn and unwashed. The products should still bear all original labels, hangtags and seal as attached thereto by the supplier, if any of these are missing or damaged the supplier will never be obliged to credit these products to the buyer. Any products returned without permission will be at the supplier's disposal.
The risk and burden of proof with respect to a correct and timely exercise of the right of withdrawal and a timely return of the products, irrespective of the reason for such exercise or return, lies with the buyer.
The supplier will process the return shipment after it has received the returned product (whether or not in good time) and if all other requirements as referred to in articles 11 and 12 have been met and in that case only, will refund to the buyer the amount the buyer paid for the product(s).
Any defects which were not visible on the outside at the time of delivery or did not become apparent during the inspection as referred to in article 7. of these terms and conditions, and which manifest themselves within the guarantee period as referred to in article 14. of these terms and conditions must be reported by the buyer to the supplier within 3 (three) weeks after such defects have become apparent, or the moment when these could reasonably have been discovered. the complaint must be filed in writing, along with a detailed description of the complaint and defect(s).
The supplier, being a reasonably acting supplier and its affiliated suppliers, will be the sole judge as to whether the defects reported by the buyer are justified. When requested, the buyer will provide the supplier with all information the supplier deems relevant in this respect. A defect will only exist if the product does not fully conform to the guarantees referred to in article 14. of these terms and conditions.
After expiry of the periods referred to, products are deemed to have been received by the buyer in good condition and moreover, the buyer's right of complaint will lapse and complaints will no longer be handled by the supplier.
Any of the buyer's claims against the supplier relating to defects in products delivered will lapse if, the buyer does not cooperate or cooperates only partially with respect to an investigation into the merits of the complaints, the buyer failed to handle or use the products correctly other than envisaged by the supplier and its affiliated suppliers.
Any defects in quality or design of a separate product in one delivery consisting of several products will not constitute a ground for dissolving all or part of the contract.
The supplier only guarantees that its products comply with the specifications and purpose for which they have been developed and manufactured by its original supplier.
The supplier guarantees that the products delivered are free from design faults, faulty material and manufacturing. If the buyer filed a complaint within the period as referred to in article 13., the supplier and its original supplier considered the complaint to be justified and the guarantee period as referred to in article 14. has not yet expired, the supplier will, at its discretion, ensure that the defect product is remedied (free of charge); if possible a replacement product is delivered after the defective product has been returned; if a replacement product is not available the purchase price of this product received will be fully refunded.
When a claim is made under the guarantee, the supplier will only accept returns if it has given its prior written permission for the return shipment of the products. In that case, the products must be properly packed where necessary and be dispatched on a track & trace basis.
If the buyer has made repairs and/or changes to the products without the supplier's express prior permission in writing, any obligation of the supplier under the guarantee will lapse.
Without prejudice to the provisions of articles 13. and 14. of these terms and conditions, the supplier is not liable for any loss or costs suffered by the buyer.
If the supplier be liable for any loss or costs, the supplier's liability will be limited to no more than two times the order value of the relevant contract, or to the part of the contract to which the liability pertains.
The supplier stipulates all statutory and contractual defences which it may invoke in order to shield itself from its own liability towards the buyer, also on behalf of its subordinates and the non-subordinates for whose actions it is liable pursuant to the law.
The foregoing will not affect the supplier's liability under mandatory statutory provisions.
16.- FORCE MAJEURE:
A situation of force majeure exists on the part of the supplier if the supplier is prevented from meeting its obligations under the contract as a result of circumstances that occurred through no fault or beyond the control of the supplier. Situations of force majeure include, but are not limited to, war/danger of war, terrorism or threat of terrorism, civil war, rioting, revolution, willful damage, fire, water damage, flooding, government measures, import and export barriers, work strike, sit-down strike, limited transport possibilities due to weather conditions and traffic congestion, suppliers and/or subcontractors of the supplier and/or other third parties engaged by the supplier failing to meet their obligations (or failing to do so in time) without prejudice to the supplier's other rights, the supplier will, without any notice of default being required and without being obliged to pay any compensation, be entitled to dissolve all or part of the contract if it is temporarily or permanently impossible for the supplier to properly perform all or part of the contract due to a situation of force majeure, or to suspend the (further) performance of the contract for the duration of the situation of force majeure.
17.- INTELLECTUAL PROPERTY RIGHTS:
The supplier reserves all intellectual property rights to the content published on its website, in the form of web design, text copy and images.
Such data may not be copied or used without the supplier's prior explicit permission in writing.
18.- OTHER PROVISIONS:
Any deviations from and supplements to the contract, the order and/or the terms and conditions will only be valid if they have been agreed upon in writing.
The supplier is entitled to transfer its rights and obligations arising from the contract to a third party. If this situation arises, the buyer states that he will give permission for this.
19.- GOVERNING LAW AND COMPETENT COURT:
The legal relationships between the supplier and the buyer, of whatever nature, are governed by Belgian law.
The court of Antwerp will be the exclusively competent court to hear any disputes between the supplier and the buyer, unless this is contrary to mandatory law.
The supplier may depart from this rule on jurisdiction and apply the statutory rules of jurisdiction.