1. Definitions and application of the Terms of Sale
The website www.happywear.be is offered by:
L. Van Dyck BVBATruyenbosweg 79310 MoorselBTW BE0444.087.081E-mail: firstname.lastname@example.org
The following terms are to be understood in the Terms and Conditions of Sale as follows:
- 'Customer': Any natural person who is or will be in a contractual relationship of any kind with Happy Wear, including, but not limited to: Consumers and Professional Customers. Hereinafter also referred to as 'you', 'your'.
- 'Consumer': Any natural person who is acting for purposes that are outside his trade, business or profession.
- 'Professional Client': any natural or legal person in the capacity of Client, acting for purposes that fall within his business or professional activity.
- 'Products': All goods that are offered for sale via the Website and that can form the subject of an Agreement, in particular windows and doors.
- 'Agreement': Any agreement whereby Happy Wear undertakes to transfer ownership of certain Products to the Customer. This Customer in turn undertakes to pay the price thereof.
These Terms and Conditions of Sale always and exclusively apply to all current and future Agreements between Happy Wear and the Customer. This except in the case of an explicit deviation. An express deviation is only valid insofar as it is the result of mutual agreement between the Customer and Happy Wear, which is expressly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these Terms and Conditions of Sale remain fully applicable.
Happy Wear reserves the right to change and/or supplement the Terms and Conditions of Sale at any time for future orders. A future change will of course not affect existing product orders and the resulting Agreements.
2. How is the Agreement concluded?
Every offer on our Website is only an invitation to the Customer to make a purchase, and can therefore not be regarded as a binding offer from Happy Wear to the Customer. Moreover, the offer is only valid while stocks last. We have the option to apply specific conditions to a particular offer, such as a limited period of validity. Such specific conditions only apply if they are expressly communicated prior to the order.
If the Customer wishes to purchase a Product from the range of Happy Wear, he must place a purchase for this via the Website. The Customer must go through the entire online order method for this. This purchase is binding on the Customer. Happy Wear will contact you after the order to confirm. This contact will be sent by e-mail to the e-mail address provided by the Customer. This order confirmation is the time of conclusion of the Agreement.
Happy Wear can decide at any time not to send a confirmation or to refuse the product order in an explicit statement. If the order cannot or only partially be executed, Happy Wear will inform the Customer about this and possibly propose a replacement Product. If Happy Wear refuses the product order or the Customer does not agree with the proposed alternatives, there will be no Agreement. The Customer is not entitled to any form of compensation.
Each Customer undertakes not to purchase the Products on the Website for the sole purpose of reselling them. In accordance with the Code of Economic Law, the parties expressly acknowledge that electronic forms of communication create a valid Agreement. Happy Wear may use any electronic files in its possession, within the limits of the law, to prove the existence of the Agreement. An ordinary, digital or electronically qualified signature is not an essential proof requirement.
3. Information on our Website
Happy Wear takes the greatest care when posting information about the properties of the Products online, including technical descriptions based on data from its partners and suppliers, and with photographs illustrating the Products, all insofar as the technical means allow. Certain non-substantial characteristics of a Product may differ upon delivery from the drawings and descriptions shown on the Website. The dimensions of the Products collected by the Customer will in any case always correspond to the size that the Customer specified at the time of the order.
The Customer is deemed to have carefully read the instructions on the Website before placing an order.
4. Our prices
All prices on the Website are always expressed in euros. Prices are always displayed both including and excluding VAT and other taxes. Any additional costs for options chosen by the Customer are always clearly added to the final payment overview.
The Customer owes the price that Happy Wear has communicated in the order confirmation. Obvious or obvious errors in the quotation, such as obvious inaccuracies, can also be corrected by Happy Wear after the conclusion of the Agreement. Complaints about the price(setting) must be communicated clearly and in writing within eight (8) calendar days. Lodging a complaint does not result in a suspension of payment.
Happy Wear has the right to change its prices at any time, but we are committed to using the rates indicated on the Website at the time of your order. If the price change is the result of changes in the VAT rates, this will be charged to the Customer.
5. Terms of Payment
The Customer who places an order via the Website must immediately pay the full amount on the basis of the proforma invoice obtained.
For the Website we accept the following payment methods:
Use the following payment information to manually transfer the amount of your order to account number:
BE14 3632 2125 1683 with the order number of your order as free communication
BV HAPPY WEAR
GERAARDSBERGSESTEENWAY 31 BUS 4
9860 COUNTRY COUNTRY
Please note that the transaction amount will be charged directly to your credit card at the time of the transaction.
Happy Wear may expand or limit the payment options on the Website in the future. Any change to the payment options will be announced via the Website. Happy Wear takes all reasonable steps to ensure the security of your online transactions. We guarantee this security by engaging specialized parties such as recognized credit card issuers and payment partners.
Ingenico's secure system is responsible for the further processing of the payment and ensures that your bank details are encrypted. The necessary security measures are provided via SSL.
The general terms and conditions are known to the customer, as they are communicated together with each Order placed as well as being attached to the invoice and listed online. Under no circumstances shall the seller accept any terms and conditions other than the present terms and conditions, unless expressly confirmed in writing by the seller.
Happy Wear always retains ownership of all ordered Products until full payment of all amounts due under the Agreement, regardless of whether the Customer has already collected the Products.
6. When can I collect my Product?
We process every order quickly. The Customer acknowledges that the delivery time is directly related to the production phase and can be 2 to 3 weeks. Moreover, these terms only start to run once Happy Wear has received full payment. Depending on circumstances, it may take longer to produce a particular Product. If this is the case, Happy Wear will inform the Customer of this in a timely manner.
If the Consumer is not given the opportunity to collect the ordered Product within the aforementioned periods, the Consumer may demand that the Product is available within an additional period that is appropriate given the circumstances. It is up to the Consumer to determine this term and to inform Happy Wear of this additional term. If Happy Wear does not respect this additional term, the Consumer has the right to terminate the Agreement. If the Customer terminates the Agreement, Happy Wear will refund all amounts paid quickly and at the latest within fourteen (14) days after termination of the Agreement. Under no circumstances does the exceeding of any term give rise to a (damage) compensation.
When a Customer orders a Product that is temporarily out of stock, it will be indicated when the Product is available again. In any case, Happy Wear cannot be held responsible for any stock shortages at one of its suppliers.
As soon as the ordered Product is available in our warehouse, the Customer will be notified by e-mail. The Customer accepts that he must present his identity card or passport when collecting the ordered Product. Happy Wear reserves the right to only hand over the ordered Products upon presentation of a valid identity card or passport, if necessary accompanied by a signed and original power of attorney from the person in whose name the order was placed.
Happy Wear bears the risk of damage and/or loss of the Products until the moment of collection. The risk in the Products passes to the Customer as soon as the Customer or a third party designated by him receives the ordered Products.
7. Defects and complaint submission
7.1 Legal Warranty
Every Consumer has a legal right to a guarantee of two (2) years in accordance with art. 1649bis ff BW. The Consumer can invoke the legal guarantee insofar as the delivered Products show a lack of conformity that manifests itself within two (2) years after delivery.
If the defect manifests itself within the first six (6) months after delivery, there is a rebuttable presumption that the defect was already present at the time of delivery. Happy Wear can provide evidence to the contrary. If the defect manifests itself more than six (6) months after delivery, it is up to the Consumer to demonstrate that the defect was present at the time of delivery.
Additional commercial guarantees are always possible in accordance with the relevant conditions and are always explicitly communicated.
In accordance with Articles 1641 to 1649 of the Dutch Civil Code, Happy Wear must guarantee all Customers (Consumers and Professional Customers) for hidden (non-visible) defects in the Products it supplies. For the Consumer, this system applies after the statutory warranty period of two (2) years has expired. The system of hidden defects does not apply if the Customer was aware of these defects at the time of purchase. Consequently, every Customer has the right to rectification if, after delivery, he discovers a hidden defect in the delivered Product, in accordance with the legal requirements.
There is no guarantee for:
Damage caused by normal wear and tear, accidental or intentional changes made by the Customer to the Products, including exposure to moisture, fire, earthquake and other external causes; Damage caused by transport after collection by the Customer (e.g. broken glass or cracks); due to installation by the Customer or a third party (e.g. bad seals); Damage resulting from the use of the Products in a manner that is not in accordance with the instructions and information provided by Ecoluc.be.
7.2 Complaint submission
At the time of collection, the Customer or a third party designated by the Customer must carefully examine the Products. If the recipient finds that the Product is affected by a visible defect, he must submit a complaint. Even if the Customer discovers a defect in the Product after the time of collection that was not visible at the time of receipt, the Customer has the right to submit a complaint.
Customers must address these complaints in writing to Happy Wear in an express, unambiguous and motivated manner. The foregoing must be done:
For visible defects: Within three (3) calendar days from collection. For non-visible defects discovered during the legal warranty period (Consumers): Within two (2) months from the discovery of the non-visible defect. For non-visible defects discovered outside the legal guarantee period: within seven (7) calendar days from the discovery of the non-visible defect.
It is the Customer's duty to adequately motivate this communication. In the absence of a (sufficiently) substantiated complaint, the Customer is not entitled to return or send the Products.
7.3 Method of return when exercising the statutory warranty right
Each Customer is obliged to return or send the non-conforming goods to Happy Wear within thirty (30) calendar days after submitting the complaint, unless the Products have already been installed. In the latter case, the Customer will provide Happy Wear with a written overview of the defects found. Customer must support his entry as much as possible with the necessary evidence (eg photos). In certain cases, an inspection by a Happy Wear employee may be necessary to determine the suspected defects. If it appears that the warranty conditions have not been met, the Customer will be responsible for the transport costs incurred in that regard.
Defective Products must be returned or returned to Happy Wear in their original condition, including their packaging, accessories and documentation, and always accompanied by the original invoice or valid proof of payment. Any failure to comply with this obligation will result in a proportional reduction of the reimbursement.
Returning or returning a Product is always at the Customer's risk. In any case, we recommend a registered and insured return to avoid the risk of loss and theft. This return must be made within seven (7) calendar days of the communication.
7.4 Repair or Replacement
If the above conditions are met and the circumstances permit, the Customer is initially entitled to a free repair or replacement of the defective Products. Depending on the available stock, the defective Product can only be replaced by the same type of Product. If the defective Product cannot be repaired or if the same type of Product is no longer available, the Customer will receive a voucher with a value equal to the amount of the first order. The Customer always has the right to refuse the voucher and demand a full refund instead.
Happy Wear is only obliged to pay a refund if the repair or replacement no longer provides the same benefit to the Customer. The Customer will have to communicate this in a clear and motivated manner. Any compensation and refund can never exceed the amount invoiced to the Customer.
If the Products are returned despite the aforementioned conditions not being met, Happy Wear will store the Products in the name and at the risk of the Customer. If the Customer does not collect the Products within a period of fourteen (14) calendar days, Happy Wear is entitled to deliver the Products to the Customer's address, whereby the Customer will be responsible for the transport costs incurred.
8. Right of withdrawal
The Consumer does not have a right of withdrawal, as all Products concern goods that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer (Article VI.53.3° Code of Economic Law).
9. Force majeure
If Happy Wear is prevented in whole or in part from fulfilling its obligations towards the Customer due to a circumstance beyond its control, there will be force majeure. In that case, Happy Wear is not obliged to fulfill its obligations towards the Customer. Happy Wear is entitled to suspend its obligations for the duration of the force majeure.
10. Processing personal data
11. Applicable law and competent court
These Terms and Conditions of Sale are exclusively governed and construed in accordance with Belgian law. Belgian law applies exclusively to all offers and Agreements.
The applicability of the Vienna Sales Convention is expressly excluded.
In the event of any dispute regarding the implementation or interpretation of these Terms of Sale, Happy Wear will make every effort to find an amicable solution. In the absence of an amicable solution, the dispute can be submitted to a center for arbitration and mediation (such as CEPANI).
All disputes related to or arising from offers from Happy Wear, or Agreements concluded with it, will be submitted to the courts of the judicial district of East Flanders, Dendermonde department.
As a Consumer, you also have the option of submitting any dispute relating to the Terms of Sale to an independent dispute resolution body.
For more information on this: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN