General Terms and Conditions of Sale (T&Cs)
Bikinibody (bikinibody.be) General Terms and Conditions of Sale
Article 1 – Foreword
All conditions stipulated below must be read, understood and accepted as any sale completed on the Site shall be subject to the application of this contractual framework, and in particular these general terms and conditions of sale. By placing an order on the Site, you agree to be bound by these conditions.
This foreword constitutes an integral part of the general terms and conditions of sale.
Article 2 – Definitions
The following terms in the general terms and conditions of sale shall be understood as follows:
Goods: any (all) Goods offered for sale by Bikinibody on the Site;
T&Cs: these General Terms and Conditions of Sale;
We: Bikinibody, i.e. the legal entity offering its Goods for sale on the Site, details of which are included in article 4 of these T&Cs, also referred to as “Our”, “Us”, etc.
Contract Parties: the parties that agree to observe these T&Cs, i.e. you and Bikinibody (Us);
Site: the Bikinibody website, which is accessible at: www.bikinibody.be
Reliable data carrier: any tool that enables the consumer or trader to store information concerning them personally in a way that makes this information accessible for future use during a period in line with the purpose for which the information is intended, and that facilitates the unchanged representation of the stored information;
You: the person who is given access to the Site and uses it and/or places an order to purchase Goods advertised on the Site.
Article 3. Scope
These T&Cs stipulate the respective obligations of the Contract Parties with respect to the sale of Goods through our online store, which can be accessed at www.bikinibody.be, in accordance with the order process described in article 7 of these T&Cs.
These T&Cs apply solely to orders intended for delivery in Belgium.
Article 4 – Our legal data
Company identity: the www.bikinibody.be website, which was established by Jill Cnudde, has its registered office at Jan van Rijswijcklaan 53, 2018 Antwerp, Belgium.
Intra-community VAT number: BE0719.422.769
Representative: Jill Cnudde.
Contact: our customer services department can be contacted by e-mail at email@example.com
Article 5 – Your responsibilities
You must have legal capacity and be at least 12 years of age on the day the order is placed. Within the framework of these T&Cs you must act purely for personal purposes, to the exclusion of all professional or commercial purposes.
You agree to provide correct, accurate and up-to-date information in accordance with these T&Cs.
You are the holder of the bank card and/or PayPal account used to pay for the Goods ordered in accordance with the order process described in article 7 of these T&Cs, or you confirm that you have valid approval from the card/account holder.
The username and password used to access your customer account are confidential. You undertake not to share them with third parties.
Article 6 – Range on offer and prices
Product illustrations on our Website do not represent a contractual offer; they are part of a non-binding, online catalogue. All Goods presented on the Site are described in good faith and as accurately as possible.
Offers and prices are indicated in euros and are only valid on the date the order is placed. They can be changed at any time, without prior notification.
Reduced rates or other promotional offers indicated on the packaging of ordered products are already incorporated in the prices stated on Our Site.
Only prices quoted on the Site shall apply between the Contract Parties. The prices quoted at the end of the order process shall be total prices, including all taxes, delivery costs and any other costs that may apply.
In view of the fact that the Site contains a large amount of data, there is a likelihood that certain information may be incorrect and if the indicated price is clearly incorrect, You shall not be able to demand that the purchase is completed at the incorrect price.
Article 7 – Completion of contract
7.1. Placing an order on the Site
Any order placed on the Site shall be completed in stages: each stage shall be completed by clicking on the appropriate confirmation icon.
The order process is based on a logical and transparent sequence, which you will be able to monitor with the layout and graphics provided.
If you click on an icon which indicates or presents a commitment that is clear to any internet user, you will be bound by clicking on it. This applies, for example, to icons referred to as “Validation”, “Payment” or by similar names.
The order process provides the option to correct errors and define the language used to complete the order, where several languages are available.
The order process makes it easy to understand which payment methods are accepted, which delivery methods are proposed and what the delivery costs are.
When you click on “Pay” you are placing a firm order for the articles in your shopping cart. Confirmation of receipt of the order will be issued immediately following receipt of the order. This confirmation of receipt of the order does not constitute a binding acceptance of the order.
7.2 Caveat for non-validation of the order
We reserve the right not to validate the order, specifically in the following circumstances:
- If the Goods are not in stock. We only offer Goods that are in stock on the Site. Our services and prices shall apply as long as they are visible on the Site. In the event of an order for Goods that, for whatever reason, are no longer in stock, we will notify you accordingly and cancel the order for the Goods that are no longer in stock;
- If the issuer of the payment card that you are using refuses to validate the payment, or in the event of fraud or reasonable suspicion of fraud;
- In the event of an unusually large order for the same Goods or to the same delivery address;
- In the event of abuse of the right of withdrawal you are granted in article 11 of these terms and conditions, with several previous orders;
- If a medical or therapeutic risk is identified in the order for the purchased Goods (e.g. in the event of identification of an interaction between different products ordered, etc.).
In such cases any amounts you may have already paid will be refunded as soon as possible, the order will be cancelled, and the sales agreement considered non-existent.
7.3 Sending of a confirmation e-mail and completion of the sales agreement
The sales agreement will be concluded by sending an e-mail confirming that the order has been dispatched. This e-mail will be sent within two working days of receipt of your order.
You agree to check that this e-mail confirming the dispatch of the order has arrived in your mailbox, or in your spam or junk folder.
The e-mail confirming the dispatch of the order shall contain a link to these T&Cs.
You agree to retain a copy of the e-mail confirming the dispatch of the order and a copy of the relevant T&Cs, either in print or digital format, on a long-term data carrier.
7.4 Electronic invoice
You agree to be issued with an electronic invoice.
Article 8 – Validity and proof of order
Irrespective of other written proof or evidence stored on another reliable data carrier to which you have access, it is hereby agreed that the automated registers stored in our automated systems or those of our hosting service shall be valid proof of any communications, the content of the orders, their date and payments executed between the Contract Parties.
Article 9 – Delivery
As soon as the e-mail confirming dispatch of the order has been sent, in accordance with article 7.3 of these T&Cs, we agree to the delivery of the Goods to the delivery address provided during the order process.
Goods shall be delivered in parcel format by post, or by a transport company/courier service appointed by us, to the delivery address you have provided us with.
Delivery is generally within 2 to 5 working days unless specifically stated otherwise on the Site or in the event of force majeure.
You will be notified of any delivery issues/problems at the start of the order process at the latest.
Our deliveries are free above a minimum amount as indicated on the Site when ordering (after deduction of any promotional/discount vouchers and before the delivery cost is added). Delivery for all other orders will be invoiced in accordance with the information provided on the Site when ordering. Any risks associated with loss or damage to the Goods will be transferred to you upon receipt of the Goods, i.e. when you or a third party appointed by you, who is not the transporter, physically accept(s) the Goods.
Any complaints regarding defects in the delivered Goods, inaccurate quantities or an incorrect reference with respect to the order confirmed on the Site, must be reported upon receipt of the Goods to our customer services department, whose contact details are included in article 4 of these T&Cs. This clause shall not affect your right of withdrawal and/or legal guarantees you enjoy, where applicable, in accordance with these conditions.
Article 10 – Terms and conditions of payment
The proposed payment methods include payment by credit card, PayPal or other methods which we will indicate no later than at the start of the order process. We reserve the right to change the available payment methods without prior notification.
In the event of incorrect bank data being entered, a chargeback or an account with insufficient funds, for which you or a third party linked to you are responsible, any resulting costs and bank charges shall be at your expense.
Payment of the purchase price shall be due upon completion of the agreement. Providing the legal conditions have been met, the customer shall automatically be assumed to have incurred payment arrears if payment has not been completed within 30 days of the date on which it became due and the invoice, which specifically states the consequences of delayed payment, has been received. In the event of late payment, you shall be liable for interest on arrears amounting to 5% per annum. No reminder letter or notice of default shall be sent. The debtor shall not be assumed to have incurred payment arrears if payment has been delayed by circumstances outside their control.
Article 11 – Right of withdrawal
11.1 Your right of withdrawal
You have the right to withdraw from your order, without indicating your reasons, within 7 calendar days of the day on which you, or a third party appointed by you who is not the transporter, have/has physically accepted the Goods.
To exercise this right, you must state your intention to withdraw prior to the expiry of the 7-day period by sending an e-mail to firstname.lastname@example.org.
Our customer services department, whose contact details are included in article 4 of these T&Cs, shall indicate the conditions for return of the Goods. We reserve the right to refuse returns that do not comply with the stated conditions.
You agree to return the Goods to us within no more than 7 calendar days of notification of your wish to withdraw.
Shipping costs shall be at Our expense if a problem occurred during the processing and delivery of your order that is Our responsibility. Otherwise, any direct return shipping costs shall be at your expense.
We shall refund the amount you paid when placing the order, including delivery costs (but excluding any additional costs incurred because you opted for a more expensive delivery method than the proposed standard delivery method), no more than 7 calendar days after the day on which we were notified of your decision to withdraw from this agreement. However, we reserve the right to postpone the refund until we have received the Goods or until you have provided proof that you have dispatched the Goods, whereby the date of the first event shall take priority. We shall pay a refund using the same payment method as the one you used for the original transaction, unless we specifically agree a different payment method with you.
You may be held liable for the reduction in the value of the Goods resulting from any handling or use in excess of what was necessary to establish the nature, qualities and functioning of the Goods.
11.2 Exceptions to the right of withdrawal
Orders of any of the following Goods shall not qualify for a right to withdrawal:
- All fresh juices. Our fresh juices can deteriorate as a result of heat or direct exposure to the sun. Because we cannot verify whether or not juices have been handled incorrectly upon delivery, they can no longer be put on the market. For this reason, the right of withdrawal does not apply to fresh juices;
- Goods on which the seal has been broken or that have been damaged following delivery, and that cannot be sent back for reasons of hygiene or the protection of health;
- Goods produced in accordance with your specifications that are clearly personalised;
- Goods that can spoil rapidly or with a use by date that may soon expire.
Article 12 – Archiving the contract
We will archive the contract in electronic format.
You can access the archived contract in which you were one of the Contract Parties by contacting our customer services department, whose contact details are included in article 4 of these T&Cs.
Under no circumstances shall the contract in question be made available to third parties.
Article 13 – Liability limitations
We reserve the right to refuse an order, without incurring any liability, e.g. on grounds including, but not limited to, the transmission of clearly incorrect data, non-payment or a refusal of authorisation from your financial institution, orders relating to an unusually large number of Goods, etc.
In the event of non-execution we shall not be held liable if the non-execution or poor execution of the sales agreement can be attributed to you or an unforeseeable or insurmountable fact, a third party providing services to the customer or a fact attributed to an instance of force majeure.
In the current technological environment, we cannot guarantee that data transmission over the internet will be free from errors and/or possible at every point in time. We therefore do not accept any responsibility pertaining to technical and/or electronic errors that might occur beyond our control, in particular relating to delays in the processing of orders.
Article 14 – Legal guarantees
Goods shall be subject to legal guarantees.
If an article description mentions a guarantee, your legal rights in this respect shall continue to apply.
Article 15. Final clauses
15.1 Amendments to the T&Cs
We reserve the right to amend these T&Cs at any time, without prior notification, based on any changes made to the service, legal developments or any other legitimate reasons.
In specific cases where the service has to be altered due to changes in legislation, we shall endeavour to implement these amendments as soon as possible. During these periods you acknowledge that we cannot be held liable for temporary issues related to compliance.
The new T&Cs shall be published online, stating the date any amendments take effect and shall apply to you immediately.
The version of the T&Cs that is enforceable against you shall be permanently available at the department.
You agree to keep up to date with these changes by consulting the department’s page stipulating the T&Cs at regular intervals.
If one or more clauses of these T&Cs is declared wholly or partly nullified, invalid, unlawful or inapplicable in accordance with the relevant legislation, such a situation shall not detract from the validity of the other clauses. The nullified, invalid, unlawful or inapplicable clause shall be replaced retrospectively by a valid and applicable clause whose content shall be as close as possible to the content of the original clause.
15.3 Agreement of burden of proof
The Contract Parties agree that they can proceed to the exchange of any information needed for the service (including the invoice) and implementation of these T&Cs by electronic means. Any electronic communication between the Contract Parties shall be deemed to have the same probative value as paper communication. If your username/password is used, we will assume that you personally are the one availing yourself of the service.
A printed version of the T&Cs and any warnings in electronic format shall be accepted in any legal or administrative procedure relating to this contractual relationship, similar to and subject to the same conditions as other, printed and archived documents, registers and trade documentation.
15.4 Force Majeure
Notwithstanding any other provisions to the contrary, neither of the Contract Parties shall be held liable for any delays in the implementation or non-implementation of their obligations as a result of force majeure (including strikes, war, earthquakes, disasters of any nature, direct or indirect consequences of explosion, fire, escaping heat, flooding or any other kind of force majeure).
Our relationship with you is that of an independent contractor.
In the event of a dispute between you and other users of the service, or between you and a third party, we shall not be obliged to intervene. You shall indemnify us, our managers, employees and other members from any claim in law, damage compensation of any kind, either known or unknown, pertaining to such conflicts in which you might be involved.
15.6 Communication and notification
Any communication or notification we send to you shall be deemed valid if it is addressed to the e-mail address you have provided us with, even if that address is no longer valid.
You can contact us for any information, questions or complaints relating to the Site or T&Cs at our customer services department, whose contact details are included in the section entitled “Contact”.
In the event of a dispute you must initially contact our company with a view to reaching an amicable settlement.
We are obliged to cooperate in order to solve any disputes in cases relating to the sale of our products.
15.8 Dispute resolution
The contractual relationship based on these T&Cs between You and Us shall be subject to Belgian law.
Last updated on 23-04-20