Terms & Conditions
SUNGLASSADDICT – GENERAL TERMS & CONDITIONS
ART. 1 - USE OF GENERAL TERMS
‘SunglassAddict’ is the brand name for the webshop of Brillenmarkt BVBA, registered office at 2000 Antwerp, Schuttershofstraat 20, legal register Antwerp, department Antwerp, with company number 0632.816.914, VAT BE 0632.816.914 (hereafter ‘SunglassAddict’).Undiminished the application of any exceptional condition mentioned in any separate written contract, these general conditions are applicable for every offer, tender, order, delivery or agreement between SunglassAddict and her customers, always with exception of the general conditions of our co-contractor, undiminished written and explicit agreement on our behalf. The acceptance of these general terms implies that the customer renounces fully his own general (purchase)conditions.
They commit all parties except other, written deviations as committed between the parties. Such divergences in stipulations are only valid for those items explicitly mentioned in these general conditions.
By ordering an item, the customer pronounces the acceptance of current general conditions.
When in these general terms, is referred to a “customer”, it means: every natural person who acts for purposes outside his commercial, business, craft and professional scope, conform article I.1. of the Wetboek Economisch recht.
ART. 2 - ORDERS
Orders can only be placed on www.SunglassAddict.be, www.SunglassAddict.shop, www.SunglassAddict.nl or www.SunglassAddict.eu and will be performed after (i) the customer performed the full payment and (ii) they have been confirmed or agreed written/digital by SunglassAddict. The customer receives this confirmation/acceptance including an overview of his purchases by email.
All information mentioned on the website SunglassAddict such as photos, description of colours, measurements, weights and other descriptions are provided as detailed as possible, but are only indications; the customer cannot draw rights out of it.
ART. 3 - PRICE
The prices of the items mentioned on the website SunglassAddict, are in Euro and are 21% VAT included.
Unless mentioned otherwise, the indicated prices on the webshop are exclusive shipping and delivery of the goods to the customer. All costs related to delivery and shipping will be mentioned separately and explicitly with every order (ref. Art.5).
Reductions are not accepted, unless explicitly mentioned on the website.
Eventual changes in prices due to changes in import and export duties, VAT rate, exchange rates, freight costs, insurance costs, costs of clearance, which occur after placing the order, are fully charged to the customer. The listing of mentioned extra costs is not limitative, but only exemplary.
ART 4 - PAYMENT
All payments will occur online or by bank transfer, but are supposed to occur at the registered office of SunglassAddict. The online payments are secured and will take place through a secured server.
It is not allowed to reduce the purchase price by any amount of which the customer thinks he has the right to counterclaim at SunglassAddict. Debt comparison is therefore excluded.
Every shipping and delivery will occur only after receiving the payment.
Indicated delivery terms are only indicative and not binding. When delivery terms will be exceeded, the customer cannot use this to dissolve the agreement/contract, to claim an indemnification at the expense of SunglassAddict, or to claim any other amount to SunglassAddict. Goods will be delivered only in countries allowed by the website.
The customer is responsible if he marked a wrong delivery address, which can lead to extra charges.
Next shipping costs (incl. VAT) will be charged by SunglassAddict:
-Shipping within Belgium, the Netherlands and Luxembourg are free of shipping costs
-There will be charged 10,00 Euro (incl. VAT) for all shipping to: Germany, France and Great-Britain.
-There will be charged 25,00 Euro (incl. VAT) for all shipping to: USA, Austria, Denmark, Hungary, Italy, Spain, Poland, Portugal, Sweden, Czech Republic, Ireland, Greece, Finland, Turkey, Australia, Switzerland, Canada.
-There will be charged 40,00 Euro (incl. VAT) for all shipping to: Norway, Brazil, Japan, China, Taiwan, Russia and Thailand.
-For all other countries, please contact us via firstname.lastname@example.org.
ART 6 - OBLIGATION TO PURCHASE
When the customer refuses the delivery/order, when he/she ends the agreement, or if it is not possible to fulfil the agreement due to the customer, then the customer should pay SunglassAddict an indemnification of 25% of the total amount of the agreement
ART 7 - COMPLAINTS AFTER DELIVERY –
RETURN – RIGHT OF WITHDRAWAL
Complaints need to, when being receptive, be send by mail to email@example.com, immediate after reception of the package. And need to be send registered accompanied by the article:
(a) in case of visible damage, within three (3) calendar days starting from the day the customer takes possession of the physical article; or
(b) in case of a complaint due to a delivery which is not conform, within the fourteen (14) calendar days, started from the day the customer takes possession of the physical item; or
(c) in case of hidden defects, within the fourteen (14) calendar days, started from the day the customer takes notice of it, or should have taken notice of it.
After this term all deliveries and prices will be considered as being definitive and fully accepted.
In accordance to the Wetboek Economisch Recht (Code of Economic Law), the customer owns a right of withdrawal. For all items/articles, which are not custom-made/personalised the customer has the right to return the goods, without giving any reason, within fourteen (14) calendar days starting from the day the customer received the goods. The customer needs to use the form for withdrawal, to return the goods and he needs to take care of a proof of shipment.
All goods that are returned to SunglassAddict will be inspected when received. When the article has been used longer than necessary to judge if he wants to keep it, which means that the article is not worn longer than normal at the optician or in the store, or when the packaging has been damaged or the article has been returned not in the original packaging, the customer cannot claim a refund of the article. All original stickers, labels and seals need to be in good condition on the article.
As soon as SunglassAddict receives a returned package, SunglassAddict sends the customer an email to confirm the receipt.
If the article is returned in time and (except for returns in case of complaints due to damage/defects) intact, complete and still in resalable status (see above), the customer gets refund of the purchase price within two weeks after the receipt of the return on the bank account number given by the customer.
In all cases mentioned above, the costs of return are on behalf of the customer. SunglassAddict does not accept any responsibility for damage or loss during the return, this means that the customer needs to make sure that the article will be sent back to SunglassAddict in a well packed status.
The address to return is: Brillenmarkt BVBA, Schuttershofstraat 20, 2000 Antwerp, Belgium.
ART 8 - DISSOLUTION
When the customer omits to carry out his commitments, the sell can be dissolved by SunglassAddict, without any judicial intervention and without preceding formal notice, without prejudice to the rights of SunglassAddict on all damage claims and interest. Only a written declaration of it by registered mail will be sufficient.
ART 9 - RESERVATION OF TITLE
All goods stay property of SunglassAddict until the full payment of the price has been received. Payed advances stay acquired by SunglassAddict for possible losses by reselling. All reasonable costs made by SunglassAddict to get the articles back which are property of SunglassAddict, will be charged to the customer. The customer is from now on under the obligation to give his full collaboration.
ART 10 - WARRANTY
All deliveries of goods are under the warranty conditions of the manufacturer and possible mentioned warranty conditions by the order.
SunglassAddict will repair/replace the article conform the warranty conditions of the manufacturer and his own responsibility by law. All proceedings pursued by the customer to the article when it is still under warranty, will expire the warranty towards SunglassAddict and the manufacturer.
Repairs will always have been carried out without any guarantee or warranty. When SunglassAddict is responsible for suffered damage by the customer, the amount will be limited to the amount the insurer pays in that case. When the insurer of SunglassAddict does not pay, SunglassAddicts’ duty of indemnity will be restricted to reimburse not more than the amount of the invoice for the concerned article(s)/service(s). In no case SunglassAddict can be responsible for her light fault or this of her employees. Indirect damage is not eligible for reimbursement.
ART 11 - FORCE MAJEUR
Circumstances which are not due to gross error or the intention of SunglassAddict and circumstances which are not due to an error of SunglassAddict, nor by law, such as a strike, a prohibition of import/export, roadblocks, fire, war, mutiny, irregularities, natural disasters and binding changes/obligations of the government, are giving SunglassAddict the right to suspend the agreement, without being bound to pay any compensation to the customer. When such circumstances occur, the customer can unbind the agreement one-sided, after giving SunglassAddict a reasonable term to fulfil the agreement.
ART 12 - PRIVACY
SunglassAddict will, in the context of the contractual relations with the customer, collect personal data. The personal data that will be collected are: email address, name, address, mobile/phone number and language. The customer gives hereby his approval to process the data following the conditions in this stipulation
All personal data given by the customer will be processed conform the legal notices of the law of 8 December 1992, to protect the personal philosophy compared to the processing of personal data (as adjusted). SunglassAddict is responsible for the processing of the data and will process the data for next purposes:
Administration of customers, proceeding and monitoring of orders and direct marketing of SunglassAddict and her related parties/companies.
Every customer has the right to inspect and correct his/her data which will be processed by SunglassAddict. This right to inspect and correct can be requested by a dated and signed letter. Every customer can resist the processing of his/her personal data for direct marketing purposes, by sending SunglassAddict a dated and signed letter with his/her request. In such case, the customer has the right to check the eventual registration of SunglassAddict in the register of the Commissie voor de bescherming van de persoonlijke levenssfeer (Commission for protection of the personal life sphere).
SunglassAddict takes all reasonable measurements to guarantee the confidentiality of the declared data by the customer. The customer recognises that sending personal data by internet is never riskless. The customer recognises and accepts that the damage that he could incur due to illegal use of the personal data by third parties without permission, can never be claimed on SunglassAddict.
ART 13 - PROOF
SunglassAddict and the customer accept the electronic proof (for example email).
ART 14 - INVALIDITY ARTICLE GENERAL
When any stipulation in this general terms could be invalid or will be invalid, then this fact will not have any consequence on the other stipulations.
ART 15 - DISAGREEMENTS
Possible disputes will be settled by the authorized judge of the location where SunglassAddict is located, unless SunglassAddict decides to present the dispute to a judge of the customers’ location. Disputes from the customer do not discharge the customer of paying within the normal term. Only the Belgian law is applicable for all orders, deliveries and shipping, agreements and all other commitments. The application of the Vienna Sales Convention is impossible.
ART 16 - CONTACT INFORMATION SUNGLASSADDICT
Tel: +32 (0)3 233 98 57
Address: Brillenmarkt BVBA, Schuttershofstraat 20, 2000 Antwerp, Belgium
Opening hours: Monday till Saturday 10.00 a.m. -6.00 p.m., Shopping Sundays Antwerp 1.00 p.m. - 6.00 p.m.