General terms and conditions
ARTICLE 1. IDENTITY OF THE COMPANY
BV Atelier Bonheur
BE1011.150.368
Marterdreef 15
2990 Wuustwezel
0497/27.54.19
ARTICLE 2. DEFINITIONS
Agreement: The distance contract concluded between the Company and the Customer for the purchase of Products via the Website. The Agreement is governed by these general terms and conditions.
Company: Atelier Bonheur, incorporated under Belgian law with registered office at 2990 Wuustwezel, Marterdreef 15 and registered in the Crossroads Bank for Enterprises under number 1011.150.368.
Customer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the company.
Products: The products available for purchase on the website.
ARTICLE 3. APPLICABILITY
3.1. These general terms and conditions apply to every offer of the Company with regard to one or more Products and to all Agreements concluded with the Customer. By placing an order, the customer agrees to these conditions.
3.2. These general terms and conditions will be made available to the Customer before concluding the Agreement with the Customer. The provision will take place in a manner that will enable the Customer to store the general terms and conditions on a durable electronic data carrier.
ARTICLE 4. FORMATION AND DURATION OF THE AGREEMENT
4.1. The customer selects the products and adds them to the shopping cart.
When the order is complete, the customer goes to the shopping cart where he gets an overview of the order.
The ordering process is started by clicking on the order button, after which you will be asked to enter login details or personal information and select a shipping and payment method.
After checking the order summary and by indicating a checkbox to agree to the general terms and conditions, the Customer accepts the offer with a click to proceed to the payment options. The Agreement is concluded at the moment that the Customer has accepted the offer and the general terms and conditions.
An order confirmation will be sent to the email address provided by the Customer during the ordering process.
4.2. The Agreement and the general terms and conditions shall remain in force until all obligations have been fulfilled.
ARTICLE 5. PRICES
5.1. The prices of the products are the prices stated on the website at the time the Customer places an order.
The price quoted refers exclusively to the articles as literally described. The accompanying photos are for decorative purposes and may contain elements that are not included in the price.
5.2. All prices are stated including VAT and taxes. The applicable price is the price as stated on the website with respect to the relevant product on the day the order is placed.
5.3. The company undertakes to display correct prices for the offered articles at all times. However, the company reserves the right to adjust incorrectly displayed prices on the website. Furthermore, the company reserves the right to adjust prices, taxes and other costs as displayed on the website at any time, including as a result of changes in VAT rates or other government costs, cost increases or general price developments in consumer prices.
5.4. All prices are exclusive of delivery costs. The delivery costs depend on the country to which the Products are to be sent and can be consulted in article 7.3 of these general conditions.
5.5. Before placing an order, the total price, including all costs and taxes, will be available to the Customer and will be stated in the order summary on the website.
ARTICLE 6. PAYMENT AND MEANS OF PAYMENT
6.1. The customer can choose between the following payment methods:
- Credit card (MasterCard, Visa);
- Bank card (Maestro, Bancontact);
- Voucher/Gift card.
The customer must pay at the time the order is placed. If the card issuer refuses to authorize payment to the company, the company cannot be held responsible for delays in delivery and/or non-delivery of the order.
6.2. If the Company does not receive full payment at the time the order was placed, the Company has the right to automatically cancel the order.
ARTICLE 7. SHIPPING AND DELIVERY
7.1. The Company supplies the Products as described in the product description on the website, including the quality, features, accessories and attachments included in the product description.
7.2. During the ordering process the customer has the choice:
- free collection of the order at the address indicated in the webshop;
- delivery to an existing address via BPost.
7.2. All packages are sent by BPost. An order is sent within three working days after the order date. If the products are delivered to the Customer's home, they will be delivered to the address that the Customer has provided to the Company during the ordering process.
If no one is available at the customer's address at the time of delivery, the customer must follow the instructions of the delivery service responsible for delivering the order.
7.3. Items ordered via the webshop are only delivered in the European Union. The shipping costs are:
- for Belgium: €7.50;
- for France, the Netherlands, Germany and Luxembourg: €16.50;
- for the rest of Europe: €34.60.
For orders with a purchase amount above €150.00 within Belgium, shipping is free.
7.4. The Customer may also collect the products from the establishment of the company that the Customer selected when placing his order.
7.5. If the Company is unable to deliver the Products within the above-mentioned period, the Company undertakes to inform the Customer thereof in writing and to mutually agree on a new, reasonable delivery period. If the Company exceeds the period again, the Customer has the right to cancel the order.
7.6. If ordered products are not in stock, the order will not lead to an agreement and the company is not obliged to deliver these products.
ARTICLE 8. CANCELLATION PRIOR TO DELIVERY
8.1. The customer has the right to cancel the order without giving any reason and without costs before the order is shipped.
The customer can only cancel the order via his/her account on the website.
After cancellation of the order, the Customer will receive a confirmation of the cancellation by e-mail and the Company will refund the amounts already paid to the credit or debit card used by the Customer to pay.
8.2. If the Customer has received confirmation that the Product has been shipped to the specified address, the Customer can no longer cancel the order.
If it was not possible to cancel the order, the Product will be delivered and the Customer can return it according to the procedure described in article 9.
ARTICLE 9. RIGHT OF WITHDRAWAL AND REFUND
9.1. The customer is obliged to examine upon delivery whether the products correspond to the agreement.
The Customer has 14 days to revoke the Agreement without giving any reason. The starting point of the period to exercise the right of withdrawal is the day after receipt of the Product by the customer or a third party designated by the customer who is not the carrier.
In order to exercise the right of withdrawal, the customer must inform the company of his decision to withdraw from the contract. This can be done via the customer's account on the website.
9.2. The customer must return or hand over the goods to the company without delay, but in any case no later than fourteen (14) calendar days after the day on which he communicated his decision to cancel the agreement to the company. The customer is on time if he returns the goods before the period of fourteen (14) days has expired. The following conditions apply: the article must not have been used and must be returned undamaged and complete in the original packaging.
9.3. All reasonable costs of returning the Products shall be paid by the Customer.
9.4. Returned Products may only be unpacked or used by the Customer to the extent necessary to determine the nature, characteristics and functioning of the product as the Customer would be allowed to do in a shop. The Customer is liable for any decrease in value resulting from further unpacking or use of the Product.
No goods will be taken back by the Company if it is clear that they have been used by the Customer and/or if the label is missing.
9.5. The Company will refund the sums paid by the Customer to the Customer within 14 days of receipt of the Products in the form of a credit note. The Company may reduce the refund to take account of any reduction in the value of the Products, if this is caused by the Customer handling them in a way which would not be permitted in a shop.
There will be no refund of shipping costs for a return if the Customer keeps one or more items.
The company may withhold the refund until the company has received the returned products.
Any additional costs resulting from the customer's choice of a method of delivery other than the cheapest standard delivery offered by the company will not be refunded. The Company will refund the customer to the credit or debit card that the Customer used to pay, unless the customer has agreed otherwise.
ARTICLE 10. WARRANTY
10.1 The company guarantees that the products to be delivered meet the usual requirements and standards that can be set for them and are free from any defects whatsoever.
10.2. The customer nevertheless has legal rights in accordance with the law of 21 September 2004 on the protection of consumers in the sale of consumer goods. This legal guarantee applies from the date of purchase by the customer.
To make a claim under the warranty, the customer must be able to provide proof of purchase.
If a defect is discovered, the customer must inform the company as soon as possible. In any case, any defect must be reported by the customer within two months of its discovery. After that, any right to repair or replacement will lapse.
10.3. The warranty never applies to defects resulting from:
- Normal wear and tear of clothing;
- Defects caused by incorrect or intensive use;
- Excessive sweating;
- Discoloration and transfer of clothing;
- The pilling of clothes;
- Defects caused by washing or drying;
- Defects are caused by external influences, such as friction, sharp objects or chemicals;
- Items that cause physical discomfort due to their design, such as sweating.
10.4. The warranty is not transferable.
ARTICLE 11. COMPLAINTS PROCEDURE
11.1. If the customer has any complaints, he can contact the Company by e-mail at webshop@atelierbonheur.com or via the contact form on the website.
11.2. Complaints must be submitted to the Company in full and clearly described in the manner stated above, within a reasonable time after the Customer has discovered the defects. Complaints submitted will be answered within a period of seven (7) days from the date of receipt, unless the complaint would require a longer processing time due to the size or complexity of the complaint(s) received by the Company.
11.3. The Customer may contact the following entity to settle the dispute out of court:
Consumer Ombudsman Service
North Gate II
King Albert II Avenue 8 bus 1
1000 Brussels
Contact@consumentenombudsdienst.be
T +32 2 702 52 00
F +32 808 71 20
The customer can also submit his complaint to the online dispute resolution platform provided by the European Union, http://ec.europa.eu/odr .
ARTICLE 13. PROCESSING OF PERSONAL DATA
The Company processes the Customer's personal data in accordance with the Privacy Policy on the Website.
ARTICLE 14. FORCE MAJEURE
14.1. The Company shall not be liable or responsible for any failure to perform or delay in the performance of its obligations under the Agreement that is due to force majeure.
In the event of Force Majeure, the Company will notify the Customer thereof and the Company’s obligations under the Agreement will be suspended and the term for performance of the obligations will be extended for the duration of the Force Majeure. Where the Force Majeure affects the delivery of the Products, the Company will arrange a new delivery date with the Customer after the Force Majeure has ended.
14.2. The customer has the right to terminate the Agreement that was affected by a situation of Force Majeure. To terminate it, the Customer contacts the Company by email.
ARTICLE 15. APPLICABLE LAW
15.1. These general terms and conditions are subject to the law of Belgium. This means that the Agreements for the purchase of Products via the website and all disputes or claims arising therefrom in connection therewith, are governed by Belgian law.
15.2. In the event of any disputes, only the courts of Antwerp shall have jurisdiction.
ARTICLE 16. MISCELLANEOUS
16.1. The Company may amend these general terms and conditions at any time. The general terms and conditions in force at the time of ordering the Products shall apply to the Agreement between the Customer and the Company.
16.2. Without prejudice to any rights or remedies granted to the Customer by applicable law or these terms and conditions, the Company's liability for direct damages shall be limited to the value of the Products ordered.
16.3. The invalidity of any provision or part of a provision under the Agreement shall not affect the validity of the remaining part of the provision or the remainder of the Agreement.