General sales terms and conditions
Business information
E. Storms
Evelyn Storms
Address:
Parkstraat 28,
9820 Merelbeke
E-mail:
stormsevelyn@gmail.com
Phone number:
0456 64 65 95
VAT number:
0754 386 222
Article 1: General provisions
The e-commerce website of E. Storms, a proprietorship with its registered office at Parkstraat 28, 9820 Merelbeke, VAT BE 0754 386 222, provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Evelyn Storms Exclusive, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Storms Evelyn.
Article 2: Price
All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear (except for international shipping costs).
National shipping is calculated by weight of the order:
– up to 5kg: ± €6,00;
– up to 10kg: ± €7,00;
– up to 30kg: ± €11,00.
National and international shipping is calculated depending on the weight, distance from original location (Belgium) and chosen delivery company by ‘Myparcel’; Bpost, DPD or PostNL.
Extra shipping costs such as custom fees, international taxes, etc. are not included in the price and is on the responsibility and on the costs of the Customer.
The calculation of these costs depends on the preferred and chosen delivery company, which is agreed between the business owner of ‘E. Storms’ and the delivery company ‘My Parcel’.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Storms Evelyn. With respect to the accuracy and completeness of the provided information, Storms Evelyn is solely bound to obligation of means. Storms Evelyn is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Storms Evelyn. Storms Evelyn cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
Every order that is made is a pre-order. This means that the customer pays for his order and after payment has been received by Storms Evelyn, the garment will be made.
The customer places the order, approves the general terms and conditions and pays via his chosen payment option via MultiSafePay. The customer will receive a confirmation after payment.
The Customer may choose between the following payment methods:
– Bank Transfer
– Bancontact
– Visa
– Maestro
– Mastercard
– Paypal
– Belfius
– KBC / CBC
– ING Homepay
With every order, the customer is given the option to note personal preferences (such as lengths, etc.) in the box provided there. If personal preferences apply, these will be discussed before Storms Evelyn starts making the garment. This can lead to a longer delivery time.
Storms Evelyn is not responsible for the result of the garment made according to the personal preferences of the Customer.
Storms Evelyn is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
When the customers choses ‘Bank Transfer’ as paying method, the customer must pay the total amount within 7 days after receiving his or her order confirmation, to our bank account. If the customer does not respect this term, the owner of ‘Evelyn Storms’ will have the right to cancel this order.
Article 5: Delivery and execution of the agreement
Articles ordered via this webshop will be delivered in Belgium and other European country’s as summed below.
Delivery to European country’s such as the Netherlands, Germany, France, Spain, Denmark, Greece, Luxemburg, Austria, Portugal, Czech Republic, Sweden, Lithuania, Latvia, Estonia and Italy are possible but other shipping costs will apply, depending on the chosen delivery company, agreed between Evelyn Storms and MyParcel after the purchase is made.
Delivery occurs by B-post, DPD or PostNL. The delivery will take 2-4 weeks after the entire funds have cleared on our account, as each item is handcrafted to the customers preferences. The production will only start AFTER the entire funds have cleared on our account. Depending on the amount of personal adjustments or high-demand the delivery may take longer, and will be communicated if so.
More information about the shipping costs can be found in ‘Article 2: Price’. Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Storms Evelyn.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Storms Evelyn.
Article 6: Retention of title
Delivered articles remain the exclusive property of Storms Evelyn until the moment the Customer pays for the goods in full. Depending on the Customer’s wish for additional personal preferences, an additional advance may be requested from the Customer by Evelyn Storms.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to […], e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Storms Evelyn.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier
To exercise the right of withdrawal, the Customer must notify Evelyn Storms, Parkstraat 28, 9820 Merelbeke, Belgium, in an unambiguous statement (e.g. in post) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the Customer has no later than 14 calendar days from the day that they notify Evelyn Storms, Parkstraat 28, 9820 Merelbeke, Belgium, of their decision to withdraw from the agreement to send back the goods to Evelyn Storms. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
The direct costs for returning the goods shall be borne by the Customer.
Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned. If the returned product is reduced in value in any way, Storms Evelyn is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
All returned items are carefully examined. The starting point here is that the consumer may only inspect the article as he would be allowed to do in a store. Returned items may be tried on, but may not have been used. If an item has undergone a decrease in value due to the use of the Customer, this will be charged to the Customer.
If the Customer withdraws from the agreement, Evelyn Storms shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that Storms Evelyn was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, Storms Evelyn may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.
Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by Storms Evelyn will not be refunded.
Storms Evelyn shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.
The Customer may not exercise the right of withdrawal for:
- service contracts after the provision of service has been completed in its entirety
- the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Evelyn Storms Exclusive customer service and to return the product at their own expense to Evelyn Storms.
Upon detection of a deficiency, the Customer must inform Evelyn Storms as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 9: Customer service
Evelyn Storms Exclusive customer service can be reached via e-mail at stormsevelyn@gmail.com. Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that Storms Evelyn is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Storms Evelyn is entitled to take back the unpaid or incompletely paid for articles.
Article 11: Privacy
The responsible party for processing information, Storms Evelyn respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.
The personal information you share with us is used only for the following purposes: the execution of the agreement entered into, the processing of the order, sending of newsletters, advertising and/or marketing purpose and monitoring your behaviour in order to improve the range of products and to tailor it to your preferences.
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Storms Evelyn; stormsevelyn@gmail.com. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Storms Evelyn; stormsevelyn@gmail.com.
We treat your information as confidential and shall not communicate, rent or sell it to third parties.
The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus Storms Evelyn has no access to your password.
Storms Evelyn saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at stormsevelyn@gmail.com.
Article 12: Use of cookies
When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.
First-party cookies
‘First party cookies’ zijn technische cookies die gebruikt worden door de bezochte site zelf en die tot doel hebben de site optimaal te laten functioneren. Bv: instellingen die de gebruiker bij de vorige bezoeken aan de site heeft gedaan, of nog : een vooraf ingevuld formulier met data dat de gebruiker tijdens vorige bezoeken heeft gedaan.
Third party cookies
“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
If you use our website, you agree to the use of cookies.
Article 13: Invalidation – non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Storms Evelyn to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Evelyn Storms. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law – jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Merelbeke district have jurisdiction in the case of any disputes.
