TERMS AND CONDITIONS
General terms and conditions Applebluesea
LAST ADAPTATIO: MARCH 19, 2017
TABLE OF CONTENTS
Clause 1 – Identity of the vendor
Clause 2 – Applicability
Clause 3 – Our offer and your order
Clause 4 – Right of withdrawal
Clause 5 – Price
Clause 6 – Payment
Clause 7 – Conformity and warranty
Clause 8 – Delivery and execution
Clause 9 – Force majeure
Clause 10 – Intellectual property
Clause 11 – Complaints procedure and conflicts>
CLAUSE 1 - IDENTITY OF THE VENDOR
Applebluesea by Jan Darthet Fotografie
St-Arnolduslaan 98 8200 Brugge - Belgium
Email address: firstname.lastname@example.org
Company number: BE 0519 801 917
Phone Number: 0032 475 647 745 (Belgium)
Bank-account: BE68 7370 4266 9434
CLAUSE 2 - APPLICABILITY AND CONDITIONS
1. Our terms and conditions are applicable to every offer from us as a webshop to you as consumer (every natural person who, for non-occupational purposes alone, purchases or uses a good or service made available on the market).
2. We deliver worldwide . However we reserve the right to decline your order if the political or economical situation in your country is not stable.
3. To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.
4. Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.
5. If you ordered online, we provide you in addition and together with the order confirmation or at the latest on delivery with a copy of these terms and conditions in a format that you can save or print. We moreover recommend that you always do this.
6. If in addition to these terms and conditions, additional special conditions apply, the above applies also to those special conditions. You as consumer can always invoke to your advantage the most preferential text if our terms and conditions would be contrary to the above special conditions.
CLAUSE 3 - OUR OFFER AND YOUR ORDER
1. We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.
2. We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and/or services. However, to error is human and if we are clearly mistaken, we are not obliged to deliver to you.
3. Your order is complete and the contract between us is final once we confirm your order by mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Visa, Mastercard and Paypall. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.
4. In order to purchase a product, you add it to your shopping basket. Afterwards you submit your contact details and billing data. Shipping is free. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.
CLAUSE 4 - RIGHT OF WITHDRAWAL
1. If you buy goods from us, you have the right to decide that you do not want to keep the goods for 14 days from the delivery or the conclusion of the contract. You can then return your order without penalty and without giving any reason (the cost hereof is to be paid by you). Within 14 days after reception of your returned order or your indication that you wish to forgo the agreement, we will pay you back the full purchase price, by the same means of payment which you utilised for the purchase.
2. The direct costs of the return of the goods will thus be at your expense. We will indicate the costs of the return or make an assessment of the costs, if it is not reasonably possible to calculate them in advance. Should it be impossible to return the goods by postal service, we will pick up the goods from you without charging you additional costs.
3. We can refuse repayment as long as we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.
4. We expect you to handle the order as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the goods, as described above, those may not have been used in the intented way due to economical reasons, you may only unpack the box to assess whether or not you wishes to retain them. Used goods, prints, frames or other photo or –graphic-presentations that have been used, will not be accepted for return. When returning the goods, you will also have to return all delivered accessories and – if reasonably possible – return the goods in their original condition, packaging and shipping box; as well as taking in account our instructions as listed below.
5. You can return you package through post or courier.
Applebluesea : Jan Darthet Fotografie
6. In order to exercise your right to withdrawal quickly and correctly, both in case of delivery of services as in the case of delivery of goods, you can fill out the form in attachment and send it to email@example.com We will send you an acknowledgement of your withdrawal by email.
CLAUSE 5 - PRICE
1. During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.The prices are valid on the day they are being shown on the website or for the mentioned period of validity. The prices mentioned on www.applebluesea.com are being expressed in euro inclusive of Belgian VAT of 6% (art) and including delivery or shipping costs. For certain currencies we do however give a non-binding indication of the value in other currencies. Applebluesea has the right to change or correct pricing at all times.
Applebluesea is not responsible for pricings that are clearly not correct, for example as a result of input- or printing mistakes and can correct those mistakes after your order. All prices on the website are therefore under the exception of those mistakes. The prices do not include local costs inherent to a certain country or area (like import duties, local taxes,…), therefore these are to be paid by the customer. These local costs depend on your region and local administration.
Professional clients (businesses)
Private clients or business clients can make an order on this website. If you are a company you can also place an order using your business administration number. If you have a demand for a professional order which is different as mentioned on the website applebluesea.com (such as formats), we kindly request you to send us an email regarding your B2B-order. (firstname.lastname@example.org)
Promotional campaigns and pre-launch campaign.
Applebluesea, will undertake promotional campaigns on a regular basis. (for example pre-sale, discounts, free products, free delivery,…) These promotional campaigns run till end of stock or the end of the mentioned validity period. It is possible that the delivery time for our products with special reductions, are different from our normal delivery times.
In this case, this will be clearly described during the buying process. It will not be accepted as a reason for cancelling your order. The method of delivery (shipper) can also be different from normal procedure during special promotional campaigns.
A user can never benefit from 2 different promotional campaigns/discounts at the same time, unless Applebluesea indicates clearly that it is possible. Therefore Applebluesea has the right to adjust your order when we notice that by for example a technical error two promotional offers (discounts) accidentally are applied to one or more products or product categories.
2. As mentioned before the prices mentioned on http://www.applebluesea.com are being expressed in euro exclusive of Belgian VAT of 6% (art) and including normal delivery or shipping costs. Customers living in the European Union will be charged the Belgian VAT of 6% (art). For clients outside of the European Union, there is an applicable VAT percentage of 0%. The invoice you receive will clearly indicate this. This 0% VAT will compensate any local taxes and import duties you might have to pay in your country of residence.
CLAUSE 6 - PAYMENT
1. We only accept advance payment through our website using the payment methods indicated there.
2. In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. You recognize a safe SSL connection by the “lock” in the bottom status bar of your browser.
3. All payments are being processed in euro during the buying and payment process. Any indications of the value in other currencies on our website are just indications for your convenience.
CLAUSE 7 - CONFORMITY AND WARRANTY
1. We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.
2. As a consumer, you dispose over a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free replacement or repair of goods showing a defect covered by the statutory warranty. To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible to deliver within a reasonable time, do you have the right to a reduction or to demand the dissolution of the contract of sale.
During the first six months, you can in all cases call upon the guarantee. Afterwards you have to prove that the defects in the goods are not caused by abnormal use. If you doubt you can always send us some pictures.
3. When we find out that the indications for use and maintenance mentioned on our website have not been followed, any damage resulting from this will not fall under the warranty conditions.
CLAUSE 8 - DELIVERY AND EXECUTION
1. All goods and services are delivered to the address provided by you when ordering.
2. When a good is in stock it will be delivered to the delivery address within a period of 1 to 3 working weeks. If a good is not in webshop stock, we will inform you of the adjusted delivery period in your order confirmation.
3. For all delivery times and costs we will inform you with every order through mail.You will be able to track your order through the services of the delivery-firm.We currently are unable to deliver to the following countries:
Belarus, Democratic Republic Congo, Ivoorkust (Côte d’Ivoire), Libanon (Republic of Lebanon), Liberia, Myanmar, Syria, Zimbabwe, Cuba, Iran, Irak, Democratic people’s Republic of Korea, Sierra Leone, Sudan, Afghanistan, Burundi, Libia, Mali, Niger, South-Soedan, Jemen, Central-African Republic, Eritrea, North-Korea, Somalia, Antartica, American Samoa, Federal states of Micronesia, French Guiana, Guam, Marshall Islands, Northern Mariana Islands(Noordelijke Marianen), Puerto Rico, Palau, Virgin Islands, Aland Islands, Birma, Gaza-strip, West Bank, Svalbard, Sao Tomé, Principe, French Southern Areas and Southpole, Tokelau, Wallis, Futuna, Kosovo.
General information on deliveries
Orders are being sent from our warehouse after a maximum of 2 weeks after we receive your payment. Orders placed during the weekend or national holidays will be shipped the next working day. Please make sure that the address of delivery is written correctly and that there is always someone present to receive your package at the delivery address (usually a signature is demanded upon delivery). We are not responsible for loss or damage to the goods once they have been delivered according to the normal procedure.
A delivery address is an address where someone is present for the receiving of the goods, this is highly recommended. It might be good to choose a delivery address at your work place, family, friends or neighbours or a neighbourhood shop in your area. Never fail to inform those people of the delivery of your package. Please note that all products and delivery costs are subject to Belgian VAT. If you live outside of the European Union, local taxes or import duties might be asked to pay upon receiving by the authorities.
Unfortunately, from time to time, there is a chance that we run out of stock on some goods. In that case we will contact you. The available goods in your order will be shipped immediately. We will ship the missing items as soon as they are back in stock. You will only be charged delivery cost one time.
4. If we are not able to deliver on time, we will always notify you before the end of the delivery period. If we do not, you can cancel your order free of charge (except for special offers, see above). In that case we will refund you within 30 days after dissolution of the agreement.
5. The shipment of goods and gift vouchers is always at our risk. So you do not have to worry about goods lost during transportation. If you, however, return goods to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.
6. If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods you ordered, you have to report this as quickly as possible and in any case within 3 days. Subsequently, you have to send the goods back within 14 calendar days after delivery. You have to use the enclosed “return form” for this. If you have any questions while filling in this return form, you can contact one our employers on the email address email@example.com
We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the goods of which it is shown that they were not received by the customer.
CLAUSE 9 - FORCE MAJEURE
1. In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.
2. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties,…
CLAUSE 10 - INTELLECTUAL PROPERTY
1. Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.
2. It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. ...without our prior written and explicit consent.
CLAUSE 11 - COMPLAINTS PROCEDURE AND CONFLICTS
1. We do hope that all our customers are always 100% satisfied. If nevertheless you would have complaints concerning our services, please do not hesitate to contact us at firstname.lastname@example.org We will do the utmost to deal with your complaint within 7 days.
2. All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to Book VI of the Belgian Commerical Code.
3. By way of Alternative Dispute Resolution measure, the Federal Service de Médiation des Consommateurs has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via this link: http://www.mediationconsommateur.be//en.
In case of cross border dispute, you can contact the "Online Dispute Resolution" platform of the European Union via this link: http://ec.europa.eu/odr .