General terms and conditions webshop (B2C)

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Article 1 – Information about Sportswitch

Sportswitch is an initiative and brand name of the non-profit organization Les Gazelles de Bruxelles

Company name: Les Gazelles de Bruxelles vzw

VAT number: VAT BE 0555.737.546 (small business exempt from VAT)

Registered office: Marcqstraat 17, 1000 Brussels

Offices: Marcqstraat 17, 1000 Brussels

Phone number: 02 430 25 68

Email: info@gazelles.org

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.

Working day: Every day, except Saturday, Sunday and national holidays in Belgium.

Company: Les Gazelles de Bruxelles incorporated under Belgian law with registered office in Brussels and company number BE 0555.737.546.

Customer: Any natural person who acts for purposes outside his trade, business, craft or profession and who purchases or may purchase Products through the Website.

Offer: Offering Products via the Website. The Offer is governed by these general terms and conditions.

Products: All clothing, shoes, accessories,… available for purchase on the Website.

Website: The website of www.sportswitch.be

Article 3 – Applicability

3.1. These general terms and conditions apply to every Offer on the Company's Website and to all Agreements.

3.2. These general terms and conditions will be made available to the Customer, at least before concluding the Agreement, in a manner that will enable the Customer to store the general terms and conditions on a durable electronic data carrier.

3.3. By placing an order via the Website, the Customer automatically and irrevocably agrees to the general terms and conditions of sale, including the terms and conditions of sale, delivery and payment.

Article 4 – Conclusion and duration of the Agreement

4.1. The Offer of Products is available on the website. The Customer can select the desired Products and go through the payment procedure.

4.2. The Agreement is concluded as soon as the Customer has accepted the Offer and the general terms and conditions.

4.3. The Agreement and the general terms and conditions remain in force until all obligations have been fulfilled.

4.4. The final purchase is made when the Customer has received confirmation via e-mail. The Company remains the owner of the goods until the purchase price appears on the invoice.

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.

5.2. All prices are indicated in euros and include VAT at the applicable current rate.

5.3. All prices of the Products are exclusive of delivery costs. Delivery charges are available to the Customer upon checkout for the Products. Delivery costs will depend on the weight of the Products and the location to which the Products are to be shipped.

5.4. Before placing an order, the total price, including all costs and taxes, will be available to the Customer and will be stated at the time of order completion.

5.5. Since the Products are second-hand items, there is only one piece in stock. Since the Website only offers a limited part of the Products and the Products are also sold in a physical point of sale, there is a chance that the Products you purchased are no longer for sale or that errors have crept in. In this case, the Company will refund the sum received after receipt into its account by bank transfer with a clear indication of the Product number. The Company is not liable for this. The Customer is aware of this and waives any form of compensation.

5.6. If a Product is incorrectly priced on the Website, the Company will contact the Customer in writing as soon as the Company becomes aware of the incorrect price. The Customer has the option to continue purchasing the Products or cancel the order in accordance with the cancellation procedure set out in clause 9. The order will only be processed once the Company has received the Customer's instructions within seven (7) Business Days from the time that the Company has notified the Customer. If the Company is unable to contact the Customer using the contact details provided by the Customer during the ordering process, or if the Company does not receive a response from the Customer within the time period stated above, the Company will process the order as canceled and will inform the Customer thereof in writing.

5.7. The Company may only temporarily grant a discount on certain items. The Company reserves the right to change prices at any time, but Products will be invoiced based on the prices in effect at the time of order confirmation.

Article 6 – Product information

6.1. The Company makes every effort to represent the products as accurately as possible. The photos are taken with care. However, the Customer must be aware of any color differences and that not all details may be visible. The Products are second-hand items that each have their own traces of use.

6.2. The Products have a description that is as detailed as possible. The description of the condition of the Products is subjective and may differ from someone else's opinion/finding.

6.3. The Customer can contact the Company to view or try on the Products in the physical store. Especially with clothing, it is very important that the Customer takes into account the size charts associated with certain brands. The Customer must also take the lasts of the different brands into account when purchasing shoes.

Article 7 – Payment and means of payment

7.1. The Customer can pay for the Products easily and securely using the following payment methods: credit card, Bancontact, iDeal.
The Customer is referred to the payment provider, where the Customer can pay securely with payment methods. As soon as the Company has received payment from the Customer, the order will be shipped or prepared in the store.

7.2. The Customer must pay at the time of placing the order.

7.3. If the Customer pays by bank transfer, the Company will start processing the order upon receipt of full payment. If the Company does not receive full payment within seven (7) Business Days of receipt of the order, the Company has the right to automatically cancel the order.

Article 8 – Shipping and delivery

8.1. The Company undertakes to deliver the Products as quickly as possible and within a maximum period of thirty (30) Business Days after full receipt of payment, unless another delivery date is agreed between the Company and the Customer at the time the Agreement to comes into being.

If the Company is unable to deliver the Products within the above-mentioned period, the Company undertakes to inform the Customer in writing. The Customer will then give the Company a new, reasonable delivery period. If the Company exceeds the deadline again, the Customer has the right to cancel the order.

8.2. The shipping times (not the delivery times) of suppliers Bpost, Mondial Relay, etc. are only indicative and are not binding. The Company makes every effort to respect the stated delivery time.

8.3. The Customer will receive a confirmation via Email as soon as the order leaves the Company. The confirmation contains information about the Products shipped.

8.4. The Company will deliver the order to the address provided by the Customer to the Company during the purchase process.

8.5. 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.

8.6. The Company reserves the right to make partial deliveries of the Products ordered, for example if part of the order is delayed or unavailable. In case of partial delivery, the Company will inform the Customer by E-mail.

8.7. Upon delivery/collection, the Customer must check the packaging for any damage. If the Products are damaged, the Customer must not accept delivery and must immediately notify the Company by Email. Upon notification, the Company will provide the Customer with the necessary instructions regarding the damaged Products.

8.8. The Company is not liable for loss, incorrect address entries, theft or damage during the shipment of products you order. The Company packages the products in such a way that the risk of damage is minimized.

8.9. The Customer can always opt to collect the item himself from the Company's physical store. The Customer can indicate this option when ordering.

Article 9 – Right to cancel an order before delivery

9.1. The Customer has the right to cancel the order without giving a reason and without penalty before the order is shipped.

9.2. The Customer can cancel the order by sending an email to info@sportswitch.be . Upon cancellation of the order, the Customer will receive confirmation of the cancellation by sending an email to the Customer and the Company will refund any amounts already paid to the credit or debit card used by the Customer to pay.

9.3. Once confirmation has been received that the Products have left the Company (in accordance with clause 8.3.), the Customer will no longer be able to cancel the order.

9.4. If it was not possible to cancel the order, the Products will be delivered and the Customer may return the Product according to the procedure described in clause 10.

Article 10 – Right of withdrawal and refund

10.1. The Customer has a legal right to withdraw from the Agreement during the period set out in clause 10.2. The Customer must inform the Company of his decision to withdraw from the Agreement and receive a refund. The Customer does not have to provide a reason for the withdrawal.

10.2. The Customer has fourteen (14) days to withdraw from the Agreement. The starting point of the period to exercise the right of withdrawal may vary. The following rules apply:

· a) If the delivery is a single Product, the period starts the day after receipt of the Product by the Customer.

· b) If the delivery concerns multiple Products that are delivered on separate days, the period starts the day after the Customer has received the last ordered Product.

· c) If the delivery concerns a Product over a certain period, the period starts the day following the day on which the Customer receives the first delivery of the Products.

If the Company has not provided the Customer with the legally required information regarding the Customer's right of withdrawal, the Customer will have twelve (12) months to withdraw from the Agreement from the day after the end of the above-mentioned first period of fourteen (14 days. If the Company has provided the Customer with the legally required information regarding the Customer's right of withdrawal within the above-mentioned period of twelve (12) months, the Customer has fourteen (14) days to withdraw from the Agreement from the day after the Customer has received the information from the Company.

10.3. You may only withdraw from the Agreement if the Products:

· a) have not been worn, washed or used in any other way. It is allowed to try on the clothing, shoes, etc.;

· b) Be complete, and

· c) Bear their original labels.

The Customer cannot exercise the right of withdrawal with regard to:

· a) Service agreements after the service has been fully performed, if the performance has begun with the express prior consent of the Customer and with the acknowledgment that he will lose his right of withdrawal after the Agreement has been fully performed by the Company;

· b) the supply of goods or services the price of which depends on fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period;

· c) the delivery of goods according to the Customer's specifications or clearly intended for a specific person;

· d) the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been opened after delivery;

· e) the delivery of goods that, after delivery, are, according to their nature, irreversibly mixed with other products;

· f) Agreements where the Customer has specifically requested the Company to visit him in order to carry out urgent repairs or maintenance. If, during such a visit, the Company provides additional services that the Customer has not explicitly requested, or goods other than replacement parts that are necessary to carry out maintenance or repairs, the right of withdrawal applies to those additional services or goods;

10.4. If the Customer decides to withdraw from the Agreement, the Customer must inform the Company by completing the model form in Appendix 1 to these general terms and conditions or by sending an email to info@sportswitch.be stating unequivocally that he wishes to revoke the Agreement. The Customer must return the Products to the Company without undue delay and in any case not later than fourteen (14) days after sending the notice of withdrawal to the Company. The Products must be shipped to the Company in the same manner in which the Customer received the Products.

10.5. All costs for returning the Products will be paid by the Customer.

10.6. In case of withdrawal:

· a) the Company will refund any amounts already paid by the Customer for the Products upon receipt of the Products. However, the Company may reduce the refund to take into account any reduction in value of the Products if this was caused by the Customer handling them in a manner that would not be permitted in a store.

· b) The Company will make all refunds within a reasonable time after receipt of the Products.

· c) The Company will refund the Customer to the credit or debit card the Customer used to pay.

· d) The Company has the right to refund the Customer with vouchers if the Customer has used vouchers to pay for the Products.

Article 11 – Warranty

11.1. The Customer is entitled to a legal warranty of one (1) year, as determined for second-hand items. The legal warranty covers any defect or lack of conformity of the Products that manifests itself within a period of one (1) year from the date of delivery of the Products.

11.2. The Customer must inform the Company by E-mail of the defective Products within a reasonable period after the defect is known or could reasonably have been known by the Customer.

11.3. If a defect occurs within the statutory warranty period of one (1) year, the Customer must follow the procedure set out in clause 10. Upon return of the defective Product, the Company will, at the Customer's sole discretion, provide the Customer with a new Product send or repair the Product, and we will bear all costs associated with the exchange/repair of the Products. The Product can only be replaced and supplied to the extent that it is still available/in stock with the Company's suppliers. If the repair or replacement is not possible or cannot be carried out within a reasonable time, the Customer has the right to terminate the Agreement and the Company will refund the price in accordance with clause 10.6.

11.4. Some Products have a manufacturer's warranty. For details of the applicable terms, please refer to the manufacturer's warranty provided with the Products. If the Customer is a consumer, the statutory warranty period of one (1) year is supplemented with a manufacturer's warranty.

Article 12 – Complaints procedure

12.1. If the Customer has any complaints, he can contact the Company via the following email address/telephone number: info@sportswitch.be

12.2. The Customer can contact the following entity to settle the dispute out of court via Consumer Ombusdienst, 02 702 52 00, contact@consumentenombudsdienst.be, Koning Albert II-laan 8 Bus 1 - 1000 Brussels https://consumentenombudsdienst.be

12.3. The Customer may also submit his complaint to the online dispute resolution platform provided by the European Union, http://ec.europa.eu/odr .

For Belgium this is the European Consumer Center, located at 1060 Brussels, Hollandstraat 13. odr@eccbelgium.be , tel. +3228923712)

Article 13 – Transfer and subcontracting

13.1. The Company has the right to transfer its rights and obligations under the Agreement to a supplier (e.g. for the supply of the Product), but this will not affect the rights and obligations under these terms and conditions.

13.2. If the Customer has purchased a Product as a gift, he may transfer the warranty set out in clause 11 to the recipient of the gift without having to obtain the Company's consent.

Article 14 – Use of personal data

14.1. The Company will only use Customer's personal information in accordance with the Privacy Policy on the Website.

Article 15 – Force majeure

15.1. The Company shall not be liable or responsible for any failure to perform or delay in the performance of its obligations under the Agreement due to force majeure.

15.2. In case of Force Majeure:

· a) the Company will inform the Customer of this by E-mail;

· b) the obligations of the Company under the Agreement will be suspended and the period for the performance of the obligations will be extended for the duration of the Force Majeure situation. Where the Force Majeure situation affects the delivery of the Products, the Company will arrange a new delivery date with the Customer after the Force Majeure situation has passed.

15.3. The Customer has the right to cancel the Agreement that was affected by a Force Majeure situation that lasted more than thirty (30) days. To cancel, please contact the Company at info@sportswitch.be .

If the Customer chooses to cancel the Agreement, he must return the Products already received, in accordance with the procedure stated in clauses 10.4-10.6.

Article 16 – Applicable law

16.1. These general terms and conditions are subject to Belgian law. This means that the Agreements for the purchase of Products through our Website and any dispute or claim arising therefrom or related thereto will be governed by Belgian law and the courts of Brussels.

Article 17 – Miscellaneous

17.1. The Company may change these terms and conditions at any time. The general terms and conditions in force at the time of ordering the Products will apply to the Agreement between the Customer and the Company.

17.2. Without prejudice to the rights and remedies granted to the Customer by applicable law or these terms and conditions, our liability for direct damages will be limited to the value of the Products ordered.

17.3. The nullity of a provision or part of a provision under the Agreement will in no way affect the validity of the remaining part of the provision or the rest of the provisions and clauses.

Appendix 1 – Model withdrawal form

(Only complete and return this form if you wish to withdraw from the Agreement)

(* = delete what does not fit)

- To Sportswitch – Les Gazelles de Bruxelles vzw, Marcqstraat 17, 1000 Brussels, info@sportswitch.be

- I/We (*) hereby give notice that I/we (*) revoke/revoke our Agreement regarding the sale of the following goods (*)/provision of the following service (*) (*) :

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Date

- Signature of the consumer(s) ( only when this form is submitted on paper )