Terms & Conditions.
01. | What do I mean by parties and terms and conditions?
In these Terms and Conditions, the following terms shall have the following meanings:
'roelestievenartyoga': Roel Estievenart self-employed in a secondary occupation, registered under company number BE 0782.951.336. 'Buyer': any natural person (B2C) or legal entity (B2B) that is or will be in a contractual relationship of any kind with roelestievenartyoga.
'Consumer': any natural person in the capacity of Buyer acting for purposes outside his business or professional activity.
'Products': the object of one or more purchase agreements.
'Sales contract': any contract whereby the trader undertakes to transfer ownership of goods and/or provide a service to the Buyer. This Buyer in turn undertakes to pay the price thereof.
These Terms of Sale apply to all current and future Sales Agreements between roelestievenartyoga and the Buyer. As soon as you use my website, you as Buyer accept these Terms of Sale as well as all other rights and obligations as stated on the website. In principle, these Terms of Sale always and exclusively apply, except in the case of an express deviation. An express deviation is only valid insofar as it is the result of mutual agreement expressly recorded in writing. Express deviations shall only be valid to replace or supplement the clauses to which they relate. The other provisions of these Terms of Sale remain in full force and effect anyway.
Roelestievenartyoga reserves the right to amend and/or supplement the Conditions of Sale at any time for future orders. Any future amendment will of course not affect existing product orders and resulting agreements. Roelestievenartyoga can be reached at roelestievenartyoga@gmail.com.
02. | How does the agreement come about?
Roelestievenartyoga takes the greatest care when posting information about the characteristics of the products online. Certain non-substantial characteristics of a product may, upon delivery, differ from the photos and description as shown on the website.
An agreement is concluded at the moment an order confirmation is handed to the Buyer or, in case the offer was made through the Website, sent by e-mail to the e-mail address provided by the Buyer. Roelestievenartyoga and the Buyer expressly agree that by using electronic forms of communication a valid agreement is established. In particular, also the absence of an ordinary, digital or electronic qualified signature does not affect the binding force of the offer and its acceptance. The electronic files of roelestievenartyoga hereby serve, to the extent permitted by law, as a presumption of proof.
03. | How are prices expressed?
All prices are expressed in euros and include VAT and other taxes. Special offers are valid only while stocks last. The Buyer owes the price communicated to roelestievenartyoga in the confirmation in accordance with Article 2 of these conditions. Obvious or obvious errors in the quotation, such as obvious inaccuracies, can be corrected by roelestievenartyoga even after the conclusion of the contract.
The individual product prices indicated on the site are always displayed without additional costs, such as shipping costs. Any shipping costs are for the Buyer and are displayed when checking out of your digital shopping cart. I reserve the right to change prices at any time, but I undertake to apply the rates indicated on the site at the time of your order.
04. | How to pay?
Customers have the option of paying by Bancontact, VISA or paypal.
My invoices are payable no later than 14 days after the invoice date. If the invoice remains unpaid for 10 days after a reminder has been sent by registered mail, the debt will also be increased by 10% of the invoice amount. This applies as liquidated damages for expenses other than loss of interest and actual legal costs.
Invoices are only paid by request to legal entities (B2B). Consumers are expressly excluded from this and therefore cannot request an invoice. Roelestievenartyoga defers its delivery obligations until receipt of full payment of all amounts owed by the Buyer. Roelestievenartyoga always retains ownership of all ordered products until full payment of all amounts due under this agreement, regardless of whether delivery has already taken place.
05. | How will my product be delivered?
I process every order promptly. In accordance with the Code of Economic Law, the deadline for delivery is thirty (30) days after receipt of the order, with the exception of payment by bank transfer where the deadline for delivery is 30 days after receipt of payment and with the exception of clearly stated different delivery periods (e.g. due to holidays). Deliveries shall be made to the address specified by the Buyer during the formation of the agreement. As soon as the products to be delivered have been delivered to the specified delivery address, the risk passes to the Buyer.
In the event that a product ordered by you would not be in stock, I undertake to inform you by email within fifteen days of placing the order and indicate the time within which the product can be delivered to you. Roelestievenartyoga does everything within its power to respect the stated delivery times. However, roelestievenartyoga does not take responsibility for late deliveries or for an order that is lost by third parties or due to unforeseen circumstances or force majeure. If an order is not delivered within the indicated time, an investigation will be opened with the carrier, which may take several days. During this period, no refund or re-dispatch can be made.
06. | Defects and complaints
The Buyer is always obliged to carefully examine the products immediately upon receipt.
Complaints by the Buyer, relating to defects in the product or delivery, which are externally observable, must be notified in writing to roelestievenartyoga by the Buyer within seven (7) days of delivery (or within seven (7) days of the invoice date if the products were not (could not be) delivered to the Buyer). I recommend that you send your order by registered mail and take out insurance with the carrier, for the market value of the products. This is in case of theft or loss of the products with the carrier. For all returns, the costs are borne by the Buyer.
The Buyer is not entitled to return the products for which there are no justified complaints. If the above is not complied with and goods are returned wrongly, all costs related to the return shipment shall be borne by the Buyer. Roelestievenartyoga is in that case free to store the products at the Buyer's expense and risk with third parties, and/or at the Buyer's implicit or explicit request and expense, to return these items to the Buyer.
07. | Right of withdrawal
Article VI.47 Economic Law Code stipulates that the Consumer can return the product within a period of 14 calendar days without any consequence, in terms of penalties or giving reasons. This is called the right of withdrawal. The Consumer wishing to invoke the right of withdrawal must always do so expressly, unambiguously and compulsorily in writing. It is up to the Consumer to prove that he can invoke his right of withdrawal and he must clearly communicate the following data to roelestievenartyoga:
The indication of the following three dates, namely the date of order, the date of receipt and the date on which the right of withdrawal is used;
Name and address of the Consumer;
Signature of the Consumer;
Any return must be sent by Post or another carrier within 14 calendar days of using the right of withdrawal. Returning an order is at the expense and risk of the Consumer, except if the product is non-conforming. Within the deadline, the customer must return the product to roelestievenartyoga and request a return document via roelestievenartyoga@gmail.com. The returned product must have an RMA number (Return Merchandise Authorisation), at the risk of return to the Consumer.
In case of a valid and legally correct use of the above-mentioned right of withdrawal and in case of an undamaged and complete product, roelestievenartyoga will, within seven (7) working days, take care of a refund of the sum paid by the Consumer to roelestievenartyoga, by means of a chosen but internationally generally accepted method of payment. In the event of unlawful use of the right of withdrawal, the goods will be returned to the Consumer at the Consumer's own expense and risk, subject to reasoned notification.
08. | Warranty
As imposed by the applicable and relevant legal provisions, the products delivered by roelestievenartyoga are subject to a legal guarantee. If the delivered item does not comply with the agreement, the Buyer must inform roelestievenartyoga thereof at the latest within seven (7) working days following the delivery. Any resulting compensation can never exceed the amount as invoiced to the Buyer. Usual or normal wear and tear, unintentional or deliberate changes made by the Buyer to the product, failure to present an original invoice or valid proof of payment and various omissions are explicit, but not exhaustive, exceptions to the aforementioned guarantee system. URLs included on the website or other electronic communication portals, which are under the actual control of roelestievenartyoga, are to be clicked and visited by the Buyer under his own responsibility.
09. | Force majeure
In case of force majeure, roelestievenartyoga is not obliged to fulfil its obligations towards the other party. Roelestievenartyoga is entitled to suspend its obligations for the duration of the force majeure.
Force majeure means any circumstance independent of its will which prevents the fulfilment of all or part of its obligations towards the other party.
10. | Intellectual property
All intellectual property rights and derived rights are retained by roelestievenartyoga. Copying, distribution and any other use of texts and photos are not permitted without my written consent. These intellectual property rights include copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts. The Buyer is prohibited from using and/or modifying the intellectual property rights as described in this article, unless it is purely for private use of the product itself. All rights to the products are reserved. No part of these publications, if any, may be reproduced, stored in a computerised database and/or published in any form or by any means, whether electronic, mechanical or otherwise, without the prior written permission of the publisher.
11. | Processing personal data
The information you provide is necessary for processing and completing orders, and preparing invoices. If this data is missing, the order will inevitably be cancelled. Providing incorrect or false personal data, is considered a breach of the present General Terms and Conditions. The Buyer's personal data will only be processed in accordance with the applicable privacy statement, consultable on my website.
12. | Applicable law and competent court
All offers and agreements are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded. All disputes related to or arising from offers from roelestievenartyoga, or agreements concluded with roelestievenartyoga, shall be submitted to the courts of the judicial district of Limburg, subject to the application of a mandatory provision to the contrary.
The Terms and Service of Squarespace are available here.