GENERAL TERMS AND CONDITIONS OF SALE STIJN HELSEN WEBSHOP

Company details:

Stijn Helsen Webshop

Bvba Flanders Fashion Consulting
Kapelstraat 13, 3500 Hasselt, België
BE 0893.812.240

RETURN ADRES:
Helsen Warehouse
Havermarkt 7-9 (4th floor)
3500 Hasselt - Belgium

webshop@stijnhelsen.com
webshop.stijnhelsen.com

Article 1: General terms

The electronic webshop of Bvba Flanders Fashion Consulting, a lifestyle shop with its registered office at Kapelstraat 13, 3500 Hasselt (Belgium), BE 0893.812.240, (hereinafter referred to as ‘Stijn Helsen Webshop’) offers its customers the possibility to buy clothing, shoes and accessories online.
The present General Terms and Conditions apply to all items in the online range and to each online purchase by the customer at the Stijn Helsen webshop.

The customer accepts that these terms and conditions will be the only ones that are applicable, with the exclusion of his own general or specific terms and conditions (of sale), even if these would stipulate that they are the only applicable ones.

Each user who wishes to make a purchase confirms that he/she is a natural person, non-merchant and has a legal capacity to act. Anyone who has been declared incompetent under the provisions of article 1123 et seq. of the Belgian Civil Code may not, under any circumstances, perform purchases on the site. Consulting the site and the services which are offered fall under the authority of the legal representative. This legal representative must respect the present provisions.

Article 2: Prices

All listed prices are always inclusive of VAT and all other mandatory taxes that are to be borne by the customer. If any transport, reservation or administrative fees are charged, this will be indicated separately.
The indicated price refers only to the items as described verbatim. An accompanying photograph is intended as an illustration and may include elements or items that are not included in the price.

Article 3: Offer

Each offer is only open to customers who are residents of the European Union. The items are exclusively intended for normal private use.

Despite the fact that the catalogue and website have been composed with utmost care, it is still possible that the information contained therein is incomplete, contains material errors or is not up to date.
When you have specific questions, for example about sizes, colours, availability, delivery times or methods, we ask you kindly to contact our shop beforehand.

Regarding the accuracy, actuality and completeness of the information as stated, the Stijn Helsen webshop is only bound by an obligation of means. The Stijn Helsen webshop is in no case liable in the event of material errors, typesetting errors or misprints.

The offer is valid while stocks last and it is subject to the actuality of the stock. After verification of the stock and of the possibility for delivery, the client will receive an explicit confirmation of his/her order in a case where the items concerned are in stock.

The Stijn Helsen webshop is entitled to refuse orders, adjust delivery times, split deliveries or attach any other conditions to the delivery, without stating reasons.

Online orders may be refused if the product has already been sold in the shop prior to the online payment. The customer will be advised thereof by email.

Article 4: Online purchases

The customer has the opportunity to purchase the items from the range online.

The purchase is concluded the moment the customer has placed his/her order by clicking the ‘order button’. After that, the customer will receive a confirmation mail from the Stijn Helsen webshop insofar as the order can be accepted (see art. 3). The items will be delivered to the customer at the delivery address stated in the confirmation mail, and after complete payment of the order in question.

The customer can choose between the following payment methods:

- by credit card
- by debit card

Article 5: Retention of title & transfer of risk

The risk for loss or damage is transferred to the customer as from the departure of the goods. The customer agrees, if necessary, to indicate the retention of title by the Stijn Helsen webshop to third parties, for example to anyone who would be able to impound any items that have not been paid for in full.

Article 6: Complaints

Any visible damage and/or deficiencies in quality of an item, or other deficiency in the delivery (i.e. lack of conformity), must be reported immediately and at the latest within fourteen days from the date of delivery, on the penalty of forfeiture of any right (OR with complete loss of all rights in case of late reporting).

The consumer has the right to inform Bvba Flanders Fashion Consulting that he renounces the purchase, without payment of any penalty fees and without stating his/her motive, within fourteen calendar days from the day following the delivery of the product, by means of registered letter addressed to Bvba Flanders Fashion Consulting. The direct costs for returning the product to Bvba Flanders Fashion Consulting by the consumer shall be borne by the consumer, unless the delivered product does not comply with the description in the offer or the obligation to provide information was not met by the seller.

Article 7: Warranty

Under the Law of 21 September 2004 with regard to the protection of customers in consumer sales, the consumer has legal rights. The statutory warranty period of two years is fully valid from the date of delivery.

Defects caused by accidents, negligence or improper use (by the user him/herself or by third parties), are not covered by the warranty, and as such they cannot be regarded as a lack of conformity.

In the case of defects to items that were purchased online and delivered to the customer’s home, the customer shall first contact the customer service (webshop@stijnhelsen.com), after which the customer must return the item (including proof of purchase) at his/her expense to the Stijn Helsen webshop. Address: Helsen Warehouse, Havermarkt 7-9 (4th floor), 3500 Hasselt, Belgium.

The User must clearly indicate where the article is defective. The warranty service of the seller will subsequently contact the supplier of the products, who shall make a decision on whether the defect exists and if this is covered by the warranty. If this is not the case, the products will be returned unrepaired to the user.

Shirts are equipped with a ‘removable tag’ which, once removed, will invalidate all the customer’s rights to complaints/return/exchange.

Once this tag is removed, it can no longer be re-attached to the shirt.

Any defect must be reported within fourteen days from the delivery date. After that, all rights to repair or replacement will expire.

Article 8: Renunciation period

The provisions of this article only apply to customers who purchase items online in their capacity as consumer.

The consumer has the right to inform the company that he/she renounces the purchase, without payment of any penalty fees and without stating his/her motive, within 14 calendar days from the day following the delivery of the product.

Customers who wish to make use of the right of renunciation must contact the customer servicet (webshop@stijnhelsen.com) within 14 days after delivery and return the goods to the Stijn Helsen webshop. Address: Helsen Warehouse, Havermarkt 7-9 (4th floor), 3500 Hasselt, Belgium, at their own expense, within 20 days from the delivery of the goods. Goods with a retail price of 100 Euro or more, must be returned to us by courier (DHL, FedEx, etc.). The direct costs for returning the goods to the Stijn Helsen webshop by the consumer are fully borne by the consumer, unless the consumer can prove that the delivered product does not comply with the description in the offer.

Only items that are still in the original, undamaged packaging, along with all accessories, an unopened tag, manual and invoice or proof of purchase, can be taken back.

Will not be taken back under any circumstances:

- wrongly used, soiled, damaged or incomplete items
- entirely or partially worn items
- items of which the packaging (or part of it) was opened

- items of which the tag was removed
- items that cannot be returned due to their nature

Article 9: Privacy

The seller reserves the right to collect data from the user, exclusively for its internal use, both directly through data entered by the user at the time of the placement of the order and indirectly (e.g. through use of cookies, which are short data strings on the computer of the user of the site that allow the seller to optimally align the layout and the content of the site with its users)..

These data can be passed on to organisations that are contractually connected to the seller (such as business partners, associations, charities or interest groups) who wish to send the customer personalised offers or keep him/her up-to-date with regard to promotions.

In accordance with the law of 8 December 1992 for the protection of privacy concerning personal data, the user has the right, at all times, to see, modify, correct these data and to have them removed if he/she no longer wishes to receive information with regard to our activities. For this purpose, they can contact the customer service of the seller. The customer himself/herself is responsible for guaranteeing the confidentiality of his/her login details and password.

The Stijn Helsen webshop keeps track of (anonymous) online visitor statistics in order to see to what extent which pages of the internet site are visited. If you have any questions with regard to this privacy statement, please contact us at webshop@stijnhelsen.com.

Article 10: Impairment validity – non-renunciation

If any provision of these Terms and Conditions are declared invalid, illegal or void, then this shall not affect the validity, legality and the applicability of any of the other provisions in any way.

Failure of the Stijn Helsen webshop, at any time, to enforce any of the rights set out in these Terms and Conditions, or to exercise any of these rights, shall never be regarded as a waiver of such provision and will never affect the validity of these rights.

Article 11: Customer service

The customer service can be reached by telephone at the number +32 (0)11 77 13 10, by e-mail to webshop@stijnhelsen.com or by regular mail to the following address: Stijn Helsen webshop, Adres: Helsen Warehouse, Havermarkt 7-9 (4th floor), 3500 Hasselt, Belgium.

Article 12: Amendments Terms and Conditions

These Terms and Conditions will be complemented by other terms and conditions, which will explicitly be referred to, and the General Terms and Conditions of Sale of Helsen Tailors/Stijn Helsen Concept Store. In the case of contradictions, the present Terms and Conditions shall prevail.

The Stijn Helsen webshop can amend these Terms and Conditions at any time and without notice. Any purchase made after the amendment implies an acceptance by the customer of these new Terms and Conditions.

Article 13: Evidence

The customer accepts that electronic communications and backups can serve as evidence.

Article 14: Applicable law – Competent court

The Belgian Law is applicable, with the exception of the provisions of international private law concerning applicable law and the Rome-I Regulation on the International Sale of Goods. In the case of disputes, only the courts of the district of Limburg are competent.

Article 15: General provisions

This site is intended to provide general information to the user about the activities of the seller.

With regard to access to the site, the ordering process, the delivery or the other services, the seller only has an obligation to perform.

The Stijn Helsen webshop will make every effort to ensure that the site is accessible at all times to a normal number of users. However, the seller has the right to suspend or cease the site, partially or entirely, for the purpose of maintenance, updating or for any other reason, even without prior warning.

The Stijn Helsen webshop cannot be held liable for any inconvenience or damage caused by the use of the Internet, in particular by a breakdown of the system, the intrusion of outsiders or a virus, nor for any information installed or processed by third parties or by any fact that is regarded by law as force majeure. The Stijn Helsen webshop bears no liability whatsoever for any indirect damages.

The Stijn Helsen webshop is not liable if any delivery time is exceeded due to the transporter, nor in case of loss of the items or in case of a strike. The user is aware of the transport risks, and any questions in this regard should be directed to the transporter.

Article 16: Intellectual property

All components of the site of the Stijn Helsen webshop, both the visual elements and the sound elements, including the technology used for these purposes, are protected by copyrights, trademarks or patents, or more generally by the law on intellectual property. They are the exclusive property of the Stijn Helsen webshop.

Notwithstanding the Law of 30 June 1994 on copyright and related rights, any reproduction, dispersal, sale, distribution, publication, adjustments, translations, adaptations and use for commercial purposes of all or part of this site is prohibited, except with prior and written consent of the Stijn Helsen webshop.