Terms & conditions
1. THE COMPANY
Raapstraat 23, 9031 Drongen, België
Tel +32 475 555902
(hereafter referred to as "the seller")
2. GENERAL TERMS
"Canary Hill" is the webshop of the company "53Twelve", a private limited liability company ("BVBA"). Its headquarters are located in Belgium at Raapstraat 23, 9031 Drongen, with TVA number 0826.952.912. Canary Hill offers its customers the possibility to buy online sportswear and accessories.
The buyer acknowledges and accepts that the present terms and conditions will always prevail, regardless his own general and/or specific terms, even if the latter stipulate that they will always prevail.
All prices mentioned always include TVA and all other taxes at the charge of the buyer. Any additional charges related to transport or administration shall be mentioned separately.
Prices always refer to the description of the product. Pictures are meant for illustration purposes only. They may show items that are not included in the price.
4. LIMITED LIABILITY OF THE SELLER
This website, and the associated web shop, have been built with the utmost care. Nevertheless parts of the information contained therein may be incomplete, obsolete and/or incorrect. In respect to the accuracy of the information herein the seller is bound to perform to the best of his ability. He will not be liable in case of misprints or material errors.
Offers are valid while stock lasts. They can be adjusted or withdrawn by the seller at any time.
The seller has the right to refuse orders, to adjust delivery times, to split deliveries, or to apply other conditions to the delivery. He can do so without specifying the reason therefore.
5. RETENTION OF TITLE
The goods delivered by the seller shall remain the property of the seller until full payment of the goods, including charges, interests and compensations if applicable. Should the purchaser be in default in respect to such payments, the seller is entitled to take back or reclaim the goods automatically at the purchaser's charge. After delivery of the goods, the buyer assumes the responsibility for any possible loss or damage of the goods. The buyer will call the attention of any third party to this retention of title of the seller, if such deems necessary.
6. PENALTIES FOR NON PAYMENT
Invoices are payable at the headquarters of the seller at Raapstraat 23, 9031 Drongen (Belgium), on due date without discount, unless stipulated otherwise on the invoice.
Any complaint regarding the invoices must be detailed and sent by registered mail within three days after receipt of the invoice. In case of non or late payment by the buyer, and without prejudice to the exercising of other rights which the seller has, the buyer owes the seller, from the date of breach of law and without notice, an interest of 10% per annum on the unpaid amount. Furthermore, the buyer owes the seller automatically and without notice, a lump sum compensation of 10% on the amount in question, with a minimum of 25 euros per invoice.
Notwithstanding the foregoing, the seller retains the right to take back the not (fully) paid items.
Any visible damage and / or qualitative deficiency of an article or any other defect in the delivery, must be reported immediately, otherwise any right to compensation is void:
(a) in the case of complaints related to non-conforming delivery: eight (8) days from delivery
(b) in case of hidden defects: eight (8) days after discovery of the defect or after the time that such a discovery could reasonably happen.
The receipt of the goods by the buyer covers every possible fault or non-conformity which could then be established.
Our warranty is limited to the warranty for hidden faults and the warranty in the case of consumer purchases, as stipulated in the Civil Code.
The guarantee is not applicable for damage arising as a result of accidents, neglect, falls, abnormal or incorrect use, use of the product inconsistent with purpose for which it was designed, adjustments or modifications to the article, rough use, poor maintenance, abnormal or incorrect use.
The warranty is not transferable.
9. FORCE MAJEURE
The seller is not liable for any delay in performance or non-performance of our obligations due to events outside its normal control, including production interruptions, difficulties in acquiring or shortages of raw materials, work force, energy or transport or delays in transport, strikes , lock-outs, work interruptions or other collective labor disputes which affect either ourselves or our suppliers, even if these events are foreseeable.
10. RIGHT OF WITHDRAWAL
The buyer has the right to renounce his purchase without penalty and without giving any reason within 14 days from the day following the delivery of the product. Buyers who wish to exercise their right of withdrawal must, within 14 days from the delivery, contact the customer service of the seller (see Article 13), and return the goods to the seller within 14 days from delivery of the goods.
Goods have to be returned by using the designated document, at the customer's expense. Only articles that are sent back in the original and undamaged packaging, with all accessories, instructions and invoice or sales receipt, will be accepted. As soon as we receive the items back, we will refund the amount of the returned goods.
We will not take back, under any circumstances:
- Used, dirty, damaged or incomplete items
- Products whose label is removed
- Products that are tailored to the customer
- Articles which can not be returned due to their nature
11. PERSONAL DATA
By ordering on the internet site Canary Hill 53Twelve bvba, the BUYER expressly consents to the processing and use of his / her personal data for purposes such as administration of a customer database, the management of orders, deliveries and invoices, follow up of solvency, marketing and advertising. Processing for marketing purposes and individual advertising will only happen if the customer explicitly agreed hereto during the ordering process. 53Twelve bvba will not transfer the data to third parties. The buyer has the right to access and modify all his data. The buyer shall at all times have the right to object, free of charge, to the processing for direct marketing purposes.
12. ALTERATION OF VALIDITY
If any article of the conditions herein is declared invalid, such invalidity shall not affect the validity of the remaining provisions.
13. CUSTOMER SERVICE
The customer service from the seller can be reached via email at email@example.com or by mail at the following address: Raapstraat 23, 9031 Drongen, Belgium.
14. AMENDMENT OF TERMS
These terms are supplemented by other conditions explicitly referred to, and by the overall seller's terms of sale. In case of contradiction, the present conditions prevail.
The seller can always change without notice these conditions. Any purchase after such amendment, implies an acceptance by the purchaser of these new conditions.
15. ELECTRONIC EVIDENCE
Within the framework of their relations, both parties accept electronic evidence (e.g. e-mail, backups, ...)
16. APPLICABLE LAW - COMPETENT COURT
The Belgian law is applicable, with the exception of:
- the rules of private international law concerning applicable law
- the Rome-I Regulation on the International Sale of Goods.
In case of disputes only the courts of Ghent are competent.
17. INTELLECTUAL PROPERTY
The entire Canary Hill website including text, photographs, images, moving images, sound, illustrations and software is our property, or the property of related companies, licensees and / or content providers. These are protected by copyright, trademark and all other forms of intellectual property. They may be used only with permission of Canary Hill.
18. LIMITATION OF LIABILITY
The seller is in no way responsible for any viruses or damage to your computer, telecommunications equipment or other property resulting from visiting or using this site or downloading materials from this website.