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Terms and Conditions

 

Business information


Business name: House of Fashion bvba

Address: Kriephoekstraat 24 – 9230 Wetteren - Belgium

Trade name: Heavenly…

Trade address: Dumortierlaan 47 – 8300 Knokke - Belgium

E-mail: [email protected]
Phone: +32 475 54 48 52

VAT: BE0884.390.273


Article 1: General provisions


The e-commerce website of House of Fashion, a bvba with its registered office at Kriephoekstraat 24 – 9230 Wetteren - Belgium, VAT BE 0884.390.273, hereinafter “Heavenly…” provides its customers with the option of buying products from its webshop.

 
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Heavenly…, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Heavenly…


Article 2: Price


All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.

 

Any shipping, reservation or administration fees that are charged are be specified separately.


The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

 

Article 3: Availability


Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Heavenly…. With respect to the accuracy and completeness of the provided information, Heavenly… is solely bound to obligation of means. Heavenly… is in no way liable in event of obvious material or printing errors.


If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.


The product selection is valid while stocks last and may at any time be changed or withdrawn by Heavenly…. Heavenly… cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.


Article 4: Online purchases

 

The following ordering process applies to complete any order via our webshop:

 

The Customer may choose between the following payment methods:

 

Heavenly… is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

 

Article 5: Delivery and execution of the agreement

 

Articles ordered via our webshop will be delivered in following European countries:

 

We offer free standard delivery ( 1 to 5 working days ) to the following countries:

 

Fee required ( €9,50 ) standard delivery ( 2 to 7 working days ) applies to the following countries:

 

Our delivery partners are BPost and UPS, depending on the country we deliver to.

We deliver with BPost to the following countries:

 

We deliver with UPS to the following countries:

 

Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported within 5 days after receiving the order by the Customer to Heavenly… by e-mail.

 

The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Heavenly….

 

Article 6: Retention of title

Delivered articles remain the exclusive property of Heavenly… until the moment the Customer pays for the goods in full.

If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Heavenly…, e.g. to anyone who would attempt to seize articles that are not fully paid for.

 

Article 7: Right of withdrawal and return policy

 

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Heavenly….

 

The Customer has the right to withdraw from this agreement or to return the complete or a part of the order within a period of 14 calendar days without giving reasons.

 

To comply with the withdrawal or returning period, the Customer must send a notification of their decision to exercise the right of withdrawal or returning before the withdrawal or returning period has expired.

 

To exercise the right of withdrawal or if the Customer wants to return the complete or a part of the order, the Customer must notify Heavenly… by e-mail: [email protected]  

 

The Customer may also input and submit the template withdrawal form or any other unambiguously formulated statement in a digital manner via our website www.heavenlycollection.be .

The procedure to do this is as follows:

If the Customer uses this option, we will immediately send the customer a confirmation receipt of their withdrawal by e-mail.

 

Please contact us by e-mail or via your account before returning any items you want to return, we will provide you with the correct information. Goods must be returned within 14 days of receipt.

 

Please also contact us immediately if wrong items are delivered. We will ship the correct items and refund the additional shipping costs incurred.

 

In any event, the Customer has no later than 14 calendar days from the day that they notify Heavenly… of their decision, to withdraw from the agreement or to return the complete or a part of the order, to send back or hand over the goods to Heavenly… - Dumortierlaan 47 – 8300 Knokke - Belgium.  The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

 

The direct costs for returning the goods shall be borne by the Customer.

 

If the returned product is reduced in value in any way, Heavenly… is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.

 

Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.

 

If the Customer withdraws from the agreement, Heavenly… shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that Heavenly… was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, Heavenly… may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.

 

Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by Heavenly… will not be refunded.

 

Heavenly… shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.

 

 

Article 8: Guarantee

 

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.


To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.


For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Heavenly… customer service and to return the product at their own expense to Heavenly….


Upon detection of a deficiency, the Customer must inform Heavenly… as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.

 

The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.


Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.

 

Article 9: Customer service


Heavenly… customer service can be reached via e-mail at [email protected] or by  placing a "Ticket" via their customer account on our webshop. Any complaints can be made through the aforementioned customer services contact methods.

 

Article 10: Penalties for non-payment


Without prejudice to the exercise of any other rights that Heavenly… is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.


Without prejudice to the foregoing, Heavenly… is entitled to take back the unpaid or incompletely paid for articles.

 

Article 11: Privacy

 

The responsible party for processing information, Heavenly… respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.

 

The personal information you share with us is used only for the following purposes:

 

You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Heavenly… by E-mail: [email protected]. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.

 

In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Heavenly… by  E-mail: [email protected].

 

We treat your information as confidential and shall not communicate, rent or sell it to third parties.


The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus Heavenly… has no access to your password.

 
Heavenly… saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.

 

If you have any questions about this privacy statement, please contact us at Heavenly….

 

Article 12: Use of cookies

 

When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.

 

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive.  To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.

 

If you use our website, you agree to the use of cookies.

 

Article 13: Invalidation - non-relinquishment


If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by Heavenly… to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

 

Article 14: Amendments to the Terms


These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Heavenly…. In case of inconsistencies, the present Terms take precedence.


Article 15: Proof


The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

Article 16: Applicable law - jurisdiction

 

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the [...] district have jurisdiction in the case of any disputes.

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