Terms & Conditions

General Terms & Conditions Fashiongarden Boutique

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes


Article 1 - Definitions
For the purposes of these terms and conditions:

1. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

7. Model revocation form: the model revocation form made available by the entrepreneur that a consumer can fill in when he wants to exercise his right of revocation.

8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;

10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.

11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the trader

Store & webshop address

Telephone number: +32 (0)477 70 39 09 (by phone Mon-Friday 11h-18h or 24/24 via WhatsApp)
E-mail address: [email protected]
VAT identification number: BE0863.107.681

Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

2. Before the distance contract is concluded, the text of these terms and conditions will be transferred to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions can be inspected at the operator and they will be sent to the consumer as soon as possible free of charge at the consumer's request.

3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer in such a way that the consumer can easily be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.

Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered.

3. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

o the price including taxes;

o any costs of delivery;

o the manner in which the agreement will be concluded and what actions will be necessary for that purpose;

o whether or not the right of withdrawal applies;

o the method of payment, delivery or execution of the agreement;

o the period for acceptance of the offer, or the period for honouring the price;

o the level of the tariff for distance communication if the cost of using the means of distance communication is calculated on a basis other than the basic tariff;
o if the agreement is archived after its conclusion, in what way it can be consulted by the consumer;

o the manner in which the consumer can become aware of actions he does not wish to take before the contract is concluded, as well as the manner in which he can rectify these actions before the contract is concluded;

o the languages, if any, in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance contract in the event of an agreement for continuous or periodic delivery of products or services.

Article 5 - The Agreement
1. The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.

2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.

3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

4. The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. information on existing after-sales service and warranties;
d. the data included in article 4 paragraph 4 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data prior to the execution of the agreement;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
5. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6a - Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of fourteen days. This revocation can be done verbally, but it is recommended to do so in writing or by e-mail for the sake of proof. This period commences on the day after delivery of the product to the consumer.

2. During this period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6b - Right of withdrawal in case of supply of services
1. When providing services, the consumer has the option of dissolving the agreement without giving reasons for a period of fourteen days. This revocation can be done verbally, but it is recommended to do so in writing or by e-mail for the sake of proof.

2. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader in the offer and / or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal  
1. If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be worne by him.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal.

Article 8 - Exclusion of right of withdrawal
• If the consumer has a right of withdrawal, this can only be excluded by the trader if the trader has clearly stated this in the offer, at least in good time before concluding the contract.

• Exclusion of the right of withdrawal is only possible for products:
a. established by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which, by their nature, cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
• Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
b. the delivery of which has been started with the express consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.

Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any listed prices are target prices, are mentioned in the offer.

3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT. 6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.

Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer in respect of a breach of the obligations of the entrepreneur against the entrepreneur can assert under the law and / or the remote agreement.

Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.

2. The place of delivery shall be the address which the consumer has given to the company.

3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notification of this no later than one month after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge, to request an equivalent replacement product, or to obtain any compensation.

4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.

5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment are in this case borne by the entrepreneur. 6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 - Duration transactions
1. The consumer may terminate an agreement entered into for an indefinite period of time at any time subject to the agreed termination rules and a notice of up to one month. 2. A fixed-term contract has a maximum term of two years. If it is agreed that in case of silence of the consumer the distance contract will be extended, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will be a maximum of one month.

Article 13 - Payment
1. Insofar not later agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after delivery of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may stipulate partial or full payment in advance (during the revocation period). If an advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

Article 14 - Handling of complaints
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the implementation of the agreement must be submitted within a reasonable period of time, fully and clearly described to the entrepreneur, after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

4. If a consumer has a dispute with an entrepreneur and has already consulted him about it, then the consumer has the possibility to ask for advice or lodge a complaint with the Disputes Committee.

Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer are exclusively governed by Belgian law, insofar as international private law allows.

2. Disputes between the consumer and the entrepreneur about the conclusion or execution of contracts relating to products and services to be delivered or delivered by this entrepreneur can, subject to the following provisions, be submitted by both the consumer and the entrepreneur.

3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time.

4. When the operator requests the intervention, the consumer within five weeks after a written request made by the operator in writing, should speak out in writing whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.

5. The decisions of the Disputes Committee are made by means of binding advice.

6. The Disputes Committee will not deal with a dispute or discontinue the proceedings if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually terminated his business activities before the committee has dealt with the dispute at the hearing and a final verdict has been given.