Terms and conditions
Company data
Whitee Collective
Hemelrijkstraat 41, 8510 Marke (Belgium)
[email protected] | +32497372574
0735 573 071 | BE0735,573,071
Article 1: General provisions
The e-commerce website of Whitee Collective, a natural person with registered office at Hemelrijkstraat
41, 8510 Marke (Belgium), VAT BE 0735 573 071, (hereafter ‘[…]‘)
offers its customers the possibility to buy the products from its webshop online. These General Terms and
Conditions (“Conditions”) apply to any order placed by a visitor to
this e-commerce website (“Customer”). When placing an order through
the online store of […], the Customer must expressly accept these Terms and
Conditions, thereby agreeing to the applicability of these Terms and
Conditions, to the exclusion of all other terms and conditions. Additional
terms and conditions of the Customer are excluded, unless they have been
previously, in writing and expressly accepted by […].
Article 2: Price
All prices are expressed in
EURO, always including VAT and all other taxes or duties to be borne by the
Customer.If delivery, reservation or
administrative costs are charged, this will be mentioned separately. The indication of price
refers exclusively to the articles as described verbatim. The accompanying
pictures are meant to be decorative and may contain elements that are not
included in the price.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest
possible care, it is possible that the information provided is incomplete,
contains material errors or is not up-to-date. Obvious mistakes or errors in
the offer are not binding […]. […] is as to the accuracy and completeness
of the information offered only bound to a means commitment. In no event shall
[…] be liable in respect of manifest material errors, typographical or
printing errors.If the Customer has
specific questions about e.g. sizes, colour, availability, delivery time or
delivery method, we request the Customer to contact our Customer Service
Department in advance. The offer is valid as
long as stocks last and can be modified or withdrawn at any time by […].
[…] cannot be held liable for the non-availability of a product. If an offer
has a limited period of validity or is made subject to conditions, this shall
be expressly stated in the offer.
Article 4: Online purchases
The Customer can purchase the products of […] via the webshop. You click on the products and
you will be taken to the Shop page. Once the product is added to My Cart, the
purchase can be completed via the Checkout page. The Customer has the
choice between but not exclusively the following payment methods- by banker’s card – by bank transfer to
account number BE08 7360 6450 9613- etc. (is specified
on the payment page, made possible by Mollie Payments) […] is entitled to
refuse an order due to a serious shortcoming on the part of the Customer in
relation to orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
Once […] has received the payment, […] will start supplying the products. The products are
delivered via Bpost… Any delivery costs (EUR 3,99) will be indicated on the
site before the Customer pays. […] shall endeavour to ensure the smoothest
possible delivery of the products. Items ordered through
this webshop are standard delivered in Belgium. Other countries within Europe
are possible after contacting […]. No delivery outside Europe. Unless otherwise
agreed or explicitly stated otherwise, the goods are delivered to the
Customer’s place of residence within 30 days of receipt of the order. Any visible damage
and/or qualitative deficiency of an item or any other deficiency in delivery
must be reported by the Customer to […] without delay. The risk of loss or
damage shall pass to the Customer as soon as he (or a third party designated by
him, other than the carrier) has acquired physical possession of the goods.
However, the risk shall pass to the Customer upon delivery to the carrier if
the Customer’s carrier has been instructed by the Customer to carry the goods
and this choice was not made by the […].
Article 6: Retention of title
The delivered goodsremain the exclusive property of […] until full payment has been made by the
Customer. The Customer
undertakes, if necessary, to inform third parties of […]’s retention of
title, e.g. to any person who may seize the items that have not yet been paid
for in full.
Article 7: Right of withdrawal
The provisions of this Article shall apply only to Customers who, in their capacity as consumers,
purchase items online from […]. The Customer has the
right to withdraw from the contract within a period of 14 calendar days without
giving any reason. The withdrawal period
expires 14 calendar days after the day “on which the Customer or a third
party other than the carrier and indicated by the Customer acquires physical
possession of the last good”. In order to exercise
the right of withdrawal, the Customer must contact Whitee Collective by way of an unambiguous statement
(e.g. written by post, fax or e-mail) of its decision to withdraw from the contract.
The Customer may, but is not obliged to, use the attached model withdrawal form
for this purpose. The Customer may also complete and send the withdrawal model form or any other clearly
worded declaration electronically by e-mail or via our website
www.whitee.store. If the Customer makes use of this option, we shall
immediately send the Customer an acknowledgement of receipt of his revocation
on a durable data carrier (e.g. by e-mail)”. In order to comply
with the withdrawal period, the Customer must send his notice of exercise of
the right of withdrawal before the expiry of the withdrawal period. The Customer must
return or hand over the goods to Whitee Collective immediately, but in any case
no later than 14 calendar days after the day on which he has informed Whitee
Collective of his decision to withdraw from the contract, at Hemelrijkstraat
41, 8510 Marke (Kortrijk). The Customer
is on time if he returns the goods before the period of 14 calendar days has
expired. The direct costs of
returning the goods are at the expense of the Customer. If the returned product is somehow devalued, […] reserves the right to
hold the Customer liable and to claim damages for any depreciation of the goods
resulting from the Customer’s use of the goods that goes beyond what is
necessary to determine the nature, characteristics and functioning of the
goods. Only items in their original packaging, together with all accessories,
instructions for use and an invoice or proof of purchase may be returned. If the Customer cancels the agreement, Whitee Collective will reimburse
the Customer for all payments received from the Customer to date, including
standard delivery charges, within a maximum of 14 calendar days after Whitee
Collective has been informed of the Customer’s decision to cancel the agreement.
Under sales agreements, Whitee Collective may withhold the refund until it has
received all goods back, or until the Customer has proved that it has returned
the goods, whichever is the earliest. Any additional costs resulting from the Customer’s choice of a delivery
method other than the cheapest standard delivery offered by Whitee Collectvie
will not be refunded. Whitee Collective will reimburse the Customer using the same means of
payment as the Customer made the original transaction, unless the Customer has
expressly agreed otherwise; in any event, the Customer will not be charged for
such reimbursement. The Customer cannot exercise the right of withdrawal for: – service agreements after the full performance of the service – the supply or provision of goods or services the price of which is
subject to fluctuations in the financial market which are beyond the control of
[…] and which may occur within the withdrawal period;- the supply of goods made to the customer’s specifications or clearly
intended for a specific person;- the supply of goods which are likely to deteriorate rapidly or have a
limited shelf life;- the supply of sealed goods which are not suitable for return for
reasons of health protection or hygiene and of which the seal has been broken
after delivery;- the supply of goods which, after delivery, are irrevocably mixed by
their nature with other products;- the supply of alcoholic beverages, the price of which has been agreed
upon at the time of conclusion of the contract of sale but the delivery of
which can only take place after 30 days, and the actual value of which depends
on fluctuations in the market which cannot be controlled by the undertaking;- agreements by which the customer has specifically requested […] to
visit him in order to carry out urgent repairs or maintenance there; – the supply of sealed audio and sealed video recordings and sealed
computer software which has been unsealed since delivery;- the supply of newspapers, magazines or periodicals, with the exception
of subscription agreements for such publications;- contracts concluded in public auctions;- the provision of accommodation other than for residential purposes,
carriage of goods, car rental services, catering and leisure services, if the
contracts provide for a specific date or period of performance;- the supply of digital content that is not supplied on a material
carrier, if the performance has started with the express prior consent of the
Customer and provided that the Customer has acknowledged that he thereby loses
his right of withdrawal (e.g. downloading music, software);- The agreements for services for betting and lotteries.
Article 8: Warranty
Under the Act of 21 September 2004 on the protection of consumers when
selling consumer goods, consumers have legal rights. This legal guarantee
applies from the date of delivery to the first owner. Any commercial guarantee
does not affect these rights. The (commercial and/or legal) warranty does not apply to defects caused
by accidents, neglect, falls, use of the item contrary to its intended use,
non-compliance with the instructions for use or manual, modifications or
alterations to the item, heavy-handed use, poor maintenance, or any other
abnormal or incorrect use. Defects that manifest themselves after a period of 6 months following
the date of purchase, or delivery as the case may be, are deemed not to be
hidden defects, unless the Customer can prove otherwise.
Article 9: Customer service
[…]’s customer service department can be contacted on the following
number: +32497372574, by e-mail at [email protected] or by post at
Hemelrijkstraat 41(Mar) 8510 Kortrijk. Any complaints can be addressed to this
address.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights […], in the event of
non-payment or late payment from the date of the breach of contract, the
Customer shall be liable by operation of law and without notice to pay interest
at the rate of 10% per annum on the unpaid amount. In addition, the Client
shall automatically and without notice be liable to pay a fixed indemnity of
10% on the amount in question, with a minimum of 25 euros per invoice. Without prejudice to the foregoing, […] reserves the right to take
back items that have not been (fully) paid for.
Article 11: Privacy policy
The data controller, Whitee Collective, respects the Belgian law of 8
December 1992 on the protection of privacy in the processing of personal data. The personal data provided by you will only be used for the following
purposes: the execution of the concluded agreement, the processing of the
order, the sending of newsletters, advertising and marketing purposes. You have a legal right of access to and possible correction of your
personal data. Provided you have proof of identity (copy of your identity
card), you can obtain a free written notification of your personal data by
means of a written, dated and signed request to Whitee Collective,
Hemelrijkstraat 41(Mar) 8510 Kortrijk, [email protected] If necessary, you can
also ask to correct the data that are incorrect, incomplete or irrelevant. In case of use of data for direct marketing: You can oppose the use of
your data for direct marketing free of charge. To this end, you can always
contact Whitee Collective, Hemelrijkstraat 41(Mar) 8510 Kortrijk,
[email protected] We treat your data as confidential information and will not pass it on,
rent or sell it to third parties. The customer is responsible for keeping his login details confidential
and for the use of his password. Your password is stored in encrypted form, so
[…] does not have access to your password. […] keeps online (anonymous) visitor statistics in order to be able to
see which pages of the website are visited and to what extent. If you have any questions about this privacy statement, please contact
us at [email protected]
Article 12: Use of cookies
During a visit to the site, ‘cookies’ may be placed on the hard disk of
your computer. A cookie is a text file that is placed by a website’s server in
your computer’s browser or on your mobile device when you consult a website.
Cookies cannot be used to identify individuals, a cookie can only identify a
machine. We use first party cookies, these are technical cookies that we use
ourselves and aim to make the site function optimally. In addition, we also use
third party cookies for, among other things, but not exclusively, Google
Analytics, Facebook, etc. To do this, the visitor to the website must give
permission via a pop-up or at the bottom of the website. You can set your internet browser in such a way that cookies are not
accepted, that you receive a warning when a cookie is installed or that the
cookies are subsequently removed from your hard disk. You can do this via the settings of your
browser (via the help function). Please note that certain graphic elements may
not appear correctly, or that you may not be able to use certain applications. By using our website, you agree to our use of cookies.
Article 13: Violation of validity – non renunciation
If any provision of these Terms and Conditions is declared invalid,
unlawful or void, this shall in no way affect the validity, legality or
applicability of the other provisions. Failure by […] at any time to enforce any of the rights listed in
these Terms and Conditions, or to exercise any right hereunder, shall not be
construed as a waiver of such provision and shall not affect the validity of
such rights.
Article 14: Amendment of terms and conditions
These Conditions are complemented by other conditions which are
explicitly referred to and the general conditions of sale of […]. In the
event of any inconsistency, these Conditions shall prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups can
serve as evidence.
Article 16: Applicable law – Disputes
Belgian law is applicable, with the exception of the provisions of
private international law concerning applicable law. The courts of the consumer’s place of residence are competent in case of
legal disputes. The Consumer can also contact the ODR platform
(http://ec.europa.eu/consumers/odr/).
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APPENDIX 1: MODEL WITHDRAWAL FORM
Dear Customer, you only need to fill in and return this form if you want to revoke the contract.
To: Whitee Collective,
Hemelrijkstraat 41(Mar) 8510 Kortrijk,
I/We (*) hereby inform you that I/We (*) withdraw from our contract of sale of the next goods/provision of the next service (*):
Ordered on (*)/Received on (*):
Name(s) of consumer(s) :
Address of consumer(s) :
Signature of consumer(s)
Date :
(*) Delete where not applicable
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