General Terms & Conditions

Definitions

In these terms and conditions, the following definitions apply:

Seller: the natural or legal person who offers products to consumers at a distance;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the seller;
Reflection time: the period within which the consumer can exercise his right of withdrawal;
Day: working days, excluding Saturdays, Sundays and public holidays;
Duration transaction: a distance contract relating to a series of products, the delivery obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or seller to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection time;
Model form: the model form for withdrawal made available by the seller which a consumer can complete when he wishes to exercise his right of withdrawal.
Distance contract: an agreement whereby, within the framework of a system organised by the seller for the distance sale of products, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and seller being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the seller.

Identity of the seller

Name of seller: NESSIE - Ines Van Craenenbroeck

Business address: Dilbeek

Email address: ines@nessie.store

VAT identification number: VAT BE …

Scope of application

These General Terms and Conditions apply to every offer made by the seller and to every distance contract and order concluded between the seller and the consumer.
Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the seller and they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favourable to him.
If one or more provisions in these general conditions at any time are wholly or partially void or destroyed, then the agreement and these conditions for the rest remain in force and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The seller is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the seller uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind the seller.
All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. Each item is handmade and unique, and may vary slightly from images because of this. The Seller cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
the possible costs of shipment;
the way in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which the seller guarantees the price;
the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
any languages other than Englisch in which the agreement can be concluded;
the codes of conduct to which the seller is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colors, type of materials.

The agreement

The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions thereby set.
If the consumer has accepted the offer electronically, the seller shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the seller, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the seller will take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the seller will observe appropriate security measures.
The seller may - within legal frameworks - investigate whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the seller has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, giving reasons.
With the product or service the seller will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the establishment of the seller where the consumer can go with complaints;

the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

the information on guarantees and existing after-sales service;

the data included in article 4 paragraph 3 of these terms and conditions, unless the seller has already provided these data to the consumer prior to the execution of the agreement;

the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.

Each contract is entered into under the suspensive conditions of sufficient availability of the relevant products.

Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection time starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the seller.
During the reflection time, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the seller with all delivered accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the seller.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the seller within 14 days of receiving the product. The consumer must make this known using the model form. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the seller after the expiration of the periods mentioned in paragraphs 2 and 3, the sale is a fact.

Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear at most the costs of return shipment.
If the consumer has paid an amount, the seller will refund this amount as soon as possible, but at the latest within 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided. Reimbursement will be made through the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
The consumer cannot be held liable for depreciation of the product if the seller has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Exclusion of the right of withdrawal

The seller may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the seller has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products

that have been created by the seller in accordance with consumer specifications;

that are clearly personal in nature;

that cannot be returned due to their nature;

that spoil or age quickly;

whose price is subject to fluctuations in the financial market over which the seller has no influence;

The price

During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the seller may offer products or services whose prices are bound to fluctuations in the financial market and over which the seller has no influence, with variable prices. This link to fluctuations and the fact that any prices quoted are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the seller has stipulated it and:

they are the result of legal regulations or provisions; or

the consumer is authorised to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the seller is not obliged to deliver the product according to the incorrect price.

Conformity and Warranty

The seller guarantees that the products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the seller also guarantees that the product is suitable for other than normal use.
A guarantee provided by the seller, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the seller on the basis of the agreement.
Any defective or incorrectly delivered products must be reported to the seller in writing within 3 weeks of delivery. Products must be returned in their original packaging and in new condition.
The warranty period of the seller corresponds to the factory warranty period. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the seller and / or on the packaging have been treated;
The defectiveness is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Delivery and execution

The seller will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term gives the consumer no right to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the seller will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the seller will make an effort to provide a replacement article. At the latest upon delivery, it will be communicated in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the seller.
The risk of damage and/or loss of products rests with the seller until the time of delivery to the consumer or a representative designated in advance and made known to the seller, unless expressly agreed otherwise.

Payment

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection time as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the seller.
In case of non-payment by the consumer, the seller is entitled, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

Complaints procedure

The seller has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the seller within 7 days fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the seller will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
For complaints, a consumer should first turn to the seller. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the seller's obligations, unless the seller indicates otherwise in writing.
If a complaint is found to be justified by the seller, the seller will, at its discretion, either replace or repair the delivered products free of charge.
Any complaint, to be admissible, must be formulated in detail by registered letter or e-mail to: NESSIE, Bruggeveldstraat 2, 1700 Dilbeek or ines@nessie.store.

We make every effort to prevent, remedy and resolve any complaints.

Disputes

On agreements between the seller and the consumer to which these general conditions relate, only the law of Belgium applies. Even if the consumer resides abroad.

Additional or different provisions

Additional or different provisions of these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer in an accessible way can be stored on a durable medium.