General Conditions
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a natural person with consumer status (hereinafter the "Customer") on the website https://www.solewayz.com.
IMPORTANT: Any order on the Site or the Application implies the unconditional acceptance by the Customer of these general terms and conditions.
- DEFINITIONS
The terms used below have the following meanings in these Terms and Conditions of the Platform:
"Customer": refers to the co-contractor of the Seller, who guarantees to be a consumer within the meaning of Belgian law and jurisprudence. In this regard, it is expressly stipulated that the Customer is acting for purposes that do not fall within his or her commercial, industrial, artisanal, free or agricultural activity.
"Order": refers to the purchase of Products by a Customer from the Seller on the Site
"General Conditions of Sale" or "GTC": refers to these contractual conditions applicable to the sale of Products by the Seller through the Platform.
"Customer Zone": refers to the interface through which the Customer can access his personal space, in which all the data provided are grouped.
"Product File": refers to the page on which the commercial offer linked to a Product is presented. The Product File usually contains one or more photos of the Product, the price, the characteristics of the Product and all the mandatory information.
"Identifiers": means the Customer's email address and password, which are required to access the Customer Area on the Platform.
"Delivery": refers to the first presentation of the Products ordered by the Customer at the delivery address indicated in the Order.
"Parties": in the plural refers to both the Customer and the Seller. In the singular refers to only one of the two Parties.
"Territory" means all territories in which the Seller performs the Delivery. For further details, the Customer may refer to the "Shipping and Delivery" section of the FAQ accessible here.
"Seller": refers to the company SOLEWAYZ, a sole proprietorship, registered under the name LINDE WILLEMS in the Trade Register under number 1003.004.249, with registered office at Grote Baan 199a, 2380 Ravels, Belgium.
2.PURPOSE
These General Terms and Conditions govern the sale of Products by the Seller to its Customers.
In particular, they define the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
The Seller does not sell Products to professionals, but only to consumers or non-professionals for their personal needs.
These General Conditions of Sale apply to the exclusion of all other conditions, especially those applicable to in-store sales or sales through other distribution and marketing channels.
3. ACCEPTANCE OF THE GENERAL CONDITIONS
These General Conditions of Sale can be accessed at any time on the Platform. They are referred to at the bottom of each page of the Platform through a link and can be consulted before placing an order.
The GTC applicable to the sale are those in force on the day of the Order. Where applicable, these GTC take precedence over any other version or any other contradictory document.
The Client declares to have read and accepted these GTC by checking the appropriate box before proceeding with payment of an Order for Products placed on the Platform.
4. PURCHASE OF PRODUCTS ON THE SITE
To purchase a Product, the Customer must be at least 18 years old and have legal capacity or, if he/she is a minor, be able to provide proof of consent from his/her legal representatives.
The Customer is asked to provide identifying information by completing the form available on the Platform. The sign (*) indicates the mandatory fields that must be completed in order for the Customer's Order to be processed by the Seller.
The information provided by the Client to the Seller when placing an Order must be complete, accurate and updated. The Seller reserves the right to ask the Client to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
5. ORDERS
5.1 Characteristics of the Product.
The Vendor undertakes to display the essential characteristics of the Products on the Product sheets and the mandatory information that the Customer must receive under applicable legislation.
The Customer undertakes to read this information carefully before placing an order on the Platform.
The Products sold on the Platform are authentic and comply with applicable European legislation and standards in force in Belgium.
5.2 Ordering Procedure.
Orders for Products are placed directly on the Platform. To place an Order, the Customer must follow the steps described below:
5.2.1. Product Selection.
It is the Customer's responsibility to select the Products they wish to order on the Platform as follows:
The Customer selects the Products he wishes to order by clicking on the relevant Product(s) and choosing the desired features and quantities, and then adds them to his shopping cart.
5.2.2. Orders
Once the Products have been selected and placed in the Customer's shopping basket, the Customer must click on the shopping basket and check that the contents of the Order are correct. If the Customer has not already done so, he will be asked to identify himself or enter his contact details if he does not wish to register on the Site.
Customers are invited to check the details of their Order and the total price and correct any errors before confirming their acceptance. It is therefore the Customer's responsibility to check the accuracy of the Order and report any errors immediately.
The Customer chooses the delivery method and then the payment method and is redirected to a secure payment page where they pay and confirm their Order.
Orders must contain all information necessary to properly process the Order.
5.2.3. Receipt Confirmation
Once all the steps described above have been completed, the Client will be redirected to the Platform where a page will appear confirming the validation of his Order.
A copy of the Order receipt confirmation is automatically sent to the Client by email, provided that the email address provided on the registration/order form is correct.
5.3. Date of Order.
The Order Date is the date on which the Seller confirms receipt of the Order online. The delivery periods indicated on the Platform only begin to run from this date.
The Seller reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute regarding the payment of a previous Order and in case of well-founded suspicions of attempted fraudulent payment according to the criteria established by SOLEWAYZ's payment partners.
6. PRICES
Prices are expressed in Euros and include all taxes.
In particular, prices include value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may affect the price of the Products from the date the new rate takes effect.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The prices take into account any discounts granted by the Seller on the Platform.
These prices are fixed and not revisable during their period of validity, as indicated on the Platform.
The Seller reserves the right to change the prices at any time. They do not include delivery costs, which are additionally billed according to the methods mentioned in the "Shipping and Delivery" section of the FAQ, accessible here.
Any shipping costs will be communicated to the Customer before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs if applicable.
The prices indicated are valid unless there is a gross error. The applicable price is the price indicated on the Platform on the date the order is placed by the Customer.
7. AVAILABILITY OF PRODUCTS
The Seller undertakes to deliver the Product on the date or within the deadline communicated to the Customer, unless otherwise agreed by the Parties.
In principle, the unavailability of a Product is indicated on the page of the Product in question.
Customers may also be informed by the Seller when a Product is restocked.
In any case, if the Product is exceptionally unavailable, the Seller undertakes to inform the Customer immediately.
If the Customer decides to cancel his order of unavailable Products, he will be refunded for all amounts paid for the unavailable Products no later than fourteen (14) days from the date of cancellation.
8. TERMS OF PAYMENT
8.1. Method of payment.
The price is payable in cash and in full on the day the order is placed by the Customer, by secure payment or by payment in installments, according to the following methods and depending on the Territory:
By bank card: Visa, MasterCard, Amex and other credit cards,
By Paypal,
By Apple Pay,
By Bancontact,
By iDeal.
Payment data is exchanged encrypted by the payment service provider PayPal.
8.2. Late or refused payment
If the bank refuses to debit a card or other means of payment, the Customer must contact the Seller to pay for the order with another valid means of payment accepted by the Seller.
In the event that, for any reason, resistance, refusal or other, the transfer of funds owed by the Customer proves impossible, the order will be cancelled and the sale will be automatically terminated.
9. DELIVERIES
Delivery area
The Products offered can be delivered within Belgium and abroad.
Products are shipped to the delivery address(es) provided by the Customer during the ordering process.
Delivery time
An email notification is automatically sent to the Customer when the Products are shipped, provided that the email address provided in the registration form is correct.
Delivery times and costs.
Details about delivery times and costs are given on the Site, particularly in the "Shipping and Delivery" section , accessible here.
In the case of an order comprising several Products, the Products ordered may be delivered in several installments.
The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the aforementioned deadlines.
Orders for delivery within 48 hours placed after 4 p.m. will be shipped the next day.
Delivery methods
Deliveries will be made by a carrier selected by the Seller, to the address provided by the Customer.
Delivery Problem.
The Seller will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only be partially carried out, the Buyer will be informed of this at the latest 30 days after the order was placed. The Buyer in that case has the right to dissolve the agreement without costs and the right to possible damages.
After dissolution in accordance with the previous paragraph, the Seller will refund the amount paid by the Customer without delay.
The risk of damage and/or loss of products rests with the Seller until the moment of delivery to the Client.
The Customer must check the condition of the Products delivered. If the package is damaged, the Customer is requested to refuse the package and communicate his refusal in writing.
10. TRANSFER OF OWNERSHIP
The Seller retains ownership of the Products delivered until they have been paid in full by the Customer.
The above provisions do not prevent the risks of loss or damage to the Products subject to retention of title, as well as the risks of damage they may cause, from passing to the Customer at the time of receipt by the Customer or by a third party designated by the Customer, other than the carrier.
In case of delivery to a carrier other than that proposed by the Seller, the risk of loss or damage to the Product passes to the Customer upon delivery of the Product.
11. RIGHT OF WITHDRAWAL
Principle of revocation: In principle, the Customer has the right to return the Product in case of damage or if the product is different from the one ordered.
To this end, the Product must be returned within 5 days of receiving the damaged item.
Notification of the right of withdrawal :
The Client can exercise his right of withdrawal through the return portal available here within the 5 days following receipt of his Order.
After your request for return, you will receive a return label by email. It is important to include the original packing slip in the shoebox when returning the item.
To ensure that the withdrawal period is respected, the Customer must send his communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
Consequences of revocation
In the event of withdrawal, the Customer undertakes to pay all costs, including delivery costs, without delay and at the latest within 5 days of the date on which the Seller is informed of the Customer's decision to withdraw from the contract.
The Seller will make the refund using the same means of payment that the Customer used for the original transaction.
Return Costs
The Customer is responsible for the return costs. This amount will be deducted directly from the refund/exchange once the return has been processed by our services. This amount is equal to:
€5.90 for all orders shipped to Belgium and the Netherlands.
The actual shipping cost for all orders shipped to other countries.
The return cost will be deducted directly from the amount of your refund/exchange once your return is processed by our services.
In the event that the weight of the Product prevents the Customer from returning the Product by mail (especially in the event that the weight of the Product to be returned exceeds 30 kg), the Customer is also responsible for the direct cost of returning the goods.
Condition of the returned good.
The Product must be returned in accordance with the Seller's instructions listed on the specific page of the Site, accessible here, and in particular must include all accessories supplied.
In this regard, it is expressly stated that the Customer must return the Product with the Solewayz seal on it.
The Customer is only liable for the depreciation of the good due to handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. In other words, the Customer has the opportunity to test the Product, but may be held liable if he/she performs manipulations other than those necessary.
Exclusions of the right of withdrawal.
The right of withdrawal is excluded in the following cases:
The supply of services that have been fully performed before the end of the withdrawal period and, if the contract includes an obligation to pay the consumer, whose performance has begun with his prior and express consent and with his recognition of the loss of his right of withdrawal, when the service has been fully performed by the trader;
The supply of goods or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period;
The delivery of goods manufactured according to consumer specifications or clearly intended for a specific person;
The supply of goods which spoil or expire quickly;
The delivery of goods that have not been sealed after delivery by the consumer and that cannot be returned for hygienic or health reasons;
the delivery of goods which after delivery are by their nature inseparably mixed with other items;
the delivery of alcoholic beverages whose delivery is delayed for more than thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market over which the seller has no control;
Maintenance or repair work to be carried out urgently at the consumer's home and at the consumer's express request, within the limits of spare parts and work strictly necessary to deal with the emergency;
The delivery of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The delivery of newspapers, magazines or periodicals, with the exception of subscription agreements for these publications;
Contracts concluded at a public auction.
12. PACKAGING
The Products are packed in accordance with the transportation standards in force to ensure maximum protection of the Products during Delivery.
The Customer undertakes to comply with the same standards when returning the Products under the terms of Article 12 - Right of Withdrawal.
13. WARRANTY
The consumer has a period of two years from the date of delivery of the goods to obtain performance of the legal guarantee of conformity in the event of the occurrence of a conformity defect. During this period, the consumer only has to prove the existence of the lack of conformity and not the date on which this lack occurred.
Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service during the entire period of delivery. During this period, the consumer only has to prove the existence of the lack of conformity in relation to the digital content or digital service and not the date on which this lack occurred.
The legal conformity guarantee obliges the Seller to provide, if applicable, any updates necessary to maintain the conformity of the goods.
The legal conformity warranty entitles the Customer to repair or replace the goods within thirty days of its request, free of charge and without significant inconvenience.
If the consumer asks for the goods to be repaired, but the seller requires them to be replaced, the legal warranty of conformity is extended for a period of two years from the date the goods were replaced.
The consumer may receive a discount on the purchase price by retaining the good, or rescind the contract by full refund in exchange for return of the good, if
14. LIABILITY
Under no circumstances shall the Seller be held liable in the event of non-performance or poor performance of the contractual obligations by the Customer, especially during the order entry procedure.
The Vendor cannot be held liable or be deemed not to have fulfilled its obligations under this agreement in case of delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined in the case law of the Belgian Courts and Tribunals.
It is further specified that the Seller has no control over the websites directly or indirectly linked to the Platform. Consequently, it does not accept any responsibility for the information published there. Links to third party websites are provided for information purposes only and no guarantee is given as to their content.
15. TRANSFER
The Parties may not be held liable if the failure or delay in performing any of their obligations as described herein results from a case of force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably be foreseen when the contract was entered into and the consequences of which cannot be avoided by appropriate measures, prevents the debtor from performing its obligation. The party who establishes the event must promptly notify the other party of its inability to perform.
If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract.
If the impediment is permanent, the present contract is cancelled ipso jure and unconditionally and the parties are released from their obligations under the terms of the Belgian Civil Code.
16. INTELLECTUAL PROPERTY RIGHTS
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the Seller. Any person publishing a website and wishing to create a direct hypertext link to the Site must obtain the Seller's written consent.
Under no circumstances will Seller's permission be granted on a permanent basis.
This link must be removed at the Seller's request. Hyperlinks to the Site that use techniques such as framing or in-line linking are strictly prohibited.
Any total or partial reproduction of the Platform and its content, by any process whatsoever, without the express prior consent of the Seller, is strictly prohibited and constitutes an infringement of copyright or an infringement of the rights of database producers, punishable under the provisions of the Belgian Intellectual Property Code.
17. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
Any change in the applicable laws or regulations or any decision by a competent court declaring invalid one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. In no event shall such change or decision entitle Customers to disregard these Terms and Conditions.
All terms and conditions not expressly addressed herein shall be governed by retail use for companies whose registered office is in Belgium.
18. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
These Terms and Conditions apply to all online purchases on the Platform for as long as the Platform is available online.
The Terms and Conditions are accurately dated and may be amended and updated by Seller at any time.
The Terms and Conditions that apply are those in effect at the time of the Order.
Changes to the General Terms and Conditions shall not apply to Products already purchased.
19. JURISDICTION AND APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale are drawn up in English.
These General Conditions of Sale and the transactions resulting from them are governed by and subject to Belgian law.
All disputes to which the purchase and sales transactions concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences and effects, and which cannot be resolved between the Vendor and the Customer, shall be submitted to the competent Belgian courts under the conditions of common law.
However, before turning to any court, the Customer is requested to contact the Seller.
If no agreement is reached or if the Customer proves that he has already previously tried to resolve his dispute directly with the Vendor by means of a written complaint, an optional mediation procedure is proposed, carried out in a spirit of loyalty and good faith with a view to reaching an amicable settlement in the event of a dispute related to this contract, including any dispute relating to its validity.
Since February 15, 2016, the European Commission has established a platform for out-of-court dispute resolution. This allows consumers to resolve disputes related to online purchases without the intervention of a court. The out-of-court dispute resolution platform can be accessed under the external link https://ec.europa.eu/consumers/odr/.
The party wishing to use the mediation procedure must first notify the other party by registered letter with acknowledgement of receipt, specifying the elements of the dispute.
Since mediation is not mandatory, the Customer or the Vendor may withdraw from the process at any time.
In the event that mediation fails or is not considered, the dispute that may have given rise to mediation will be submitted to the competent court designated above.