General Terms and Conditions
Company details
So Yes BVBA
www.so-yes.com
Yzerbergstraat 40, 8750 ZWEVEZELE, Belgium
info@so-yes.com
Tel.: +32 478 90 38 61
VAT number: BE 0646.730.672
Register of Legal Entities: Bruges
Article 1: General provisions
The SO YES e-commerce website, operated by a private limited liability company (BVBA) with its registered office at Yzerbergstraat 40, 8750 ZWEVEZELE, Belgium, VAT number BE 0646.730.672, Register of Legal Entities SO YES (hereinafter “SO YES”), allows customers to purchase products from its online shop.
These General Terms and Conditions (“Terms”) apply to every order placed by a visitor to this e-commerce website (“Customer”). When placing an order through the SO YES online shop, the Customer must expressly accept these Terms, thereby agreeing to their application to the exclusion of all other terms and conditions. Any additional terms imposed by the Customer are excluded unless SO YES has expressly accepted them in writing in advance.
Article 2: Prices
All prices are stated in euros and include VAT and all other taxes or duties that the Customer is required to pay. Any delivery or administration charges will be stated separately. Postage charges apply to deliveries by post.
The stated price applies solely to the items as described in the accompanying text. The accompanying photographs are for illustrative purposes and may contain elements that are not included in the price.
Article 3: Products and availability
Although the online catalogue and e-commerce website are prepared with the utmost care, the information provided may be incomplete, contain factual errors or be out of date. Obvious mistakes or errors in the product listings are not binding on SO YES. With regard to the accuracy and completeness of the information provided, SO YES is subject only to an obligation to use reasonable efforts.
SO YES shall not be liable for obvious factual, typographical or printing errors.
If the Customer has specific questions about, for example, sizes, colours, availability, delivery times or delivery methods, the Customer is requested to contact our customer service team before placing an order.
Products are offered subject to stock availability, and SO YES may amend or withdraw its offers at any time. SO YES cannot be held liable for the unavailability of a product.
Article 4: Online purchases
To place an order, the Customer should follow these steps:
Choose an item, select the size and add it to the shopping cart.
Confirm the shopping cart and click “Checkout”.
Choose a delivery method.
Enter the billing and shipping addresses.
Under “My payment”, review the billing and shipping addresses and select a payment method.
Follow the payment instructions and complete the payment.
Accept the General Terms and Conditions when prompted.
Once the order has been completed, SO YES will send the Customer an email containing an order confirmation and an overview of the order. This email will include both an order summary and these General Terms and Conditions. Once the Customer has made the payment, a payment confirmation email will be sent. SO YES will also send an email when the order is dispatched to the specified address or has arrived at the selected postal collection point or parcel shop.
All orders are subject to possible changes in stock availability. If an item is out of stock, SO YES will inform the Customer and reserves the right to cancel the order. Once payment has been received, the Customer can no longer amend the order. At that stage, SO YES can no longer change the specified delivery address or delivery method either. The order will then be processed and will arrive at the address selected by the Customer within three to five working days.
Payment
The Customer may choose from the following payment methods. No additional charges apply to these methods.
Debit card (Bancontact, Mister Cash, Maestro)
Credit card (Visa, MasterCard)
iDEAL
Bank transfer
SO YES does not have access to its customers’ confidential payment details and therefore does not store them.
SO YES reserves the right to refuse an order in the event of a serious breach by the Customer in relation to orders involving that Customer.
Article 5: Delivery and performance of the agreement
Items ordered through this online shop are delivered in the European Union only. Unless otherwise agreed or expressly stated, the goods will be delivered to the Customer’s home address within 30 days of receipt of the order. Deliveries within Belgium are handled by bpost. Deliveries abroad are handled by DHL, bpost, DPD or UPS.
bpost
Home delivery
Orders are delivered to the address provided by the Customer when placing the order. The Customer can track the parcel online using Track & Trace. If the Customer is not present when small or medium-sized products are delivered, the carrier will leave a notice in the letterbox indicating the nearest postal collection point. The Customer may collect the product there within 15 calendar days upon presentation of identification.
Track & Trace allows the Customer to follow the parcel online.
If the Customer is not at home, the shipment will be taken to the nearest postal collection point and held there for 15 calendar days.
Delivery to a post office or postal collection point
Orders are delivered to the post office or postal collection point selected by the Customer when placing the order. The Customer can track the parcel online using Track & Trace. The Customer has 14 calendar days to collect the parcel.
DHL
Home delivery
Orders are delivered to the address provided by the Customer when placing the order. The Customer can track the parcel online using Track & Trace. The Customer will always be asked to sign for receipt. If the Customer is not present, the parcel will be delivered to a DHL Parcelshop, where it can be collected for seven days. A notice will also be left in the recipient’s letterbox.
Delivery to a parcel shop
Orders are delivered to the parcel shop selected by the Customer when placing the order. The Customer can track the parcel online using Track & Trace. The Customer has seven days to collect the parcel.
Any visible damage, quality defect or other delivery issue must be reported to SO YES without delay and within two days of delivery.
The risk of loss or damage passes to the Customer once the Customer, or a third party designated by the Customer other than the carrier, has taken physical possession of the goods. However, the risk passes to the Customer upon delivery to the carrier if the Customer commissioned that carrier to transport the goods and SO YES did not offer that carrier as a delivery option.
Article 6: Retention of title
The delivered items remain the exclusive property of SO YES until the Customer has paid for them in full. Where necessary, the Customer undertakes to inform third parties of SO YES’s retention of title, for example anyone seeking to seize items that have not yet been paid for in full.
Article 7: Right of withdrawal
The provisions of this article apply only to Customers within the EU who purchase items online from SO YES in their capacity as Customers.
The Customer has the right to withdraw from the agreement within 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 designated by the Customer other than the carrier, takes physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform SO YES (Yzerbergstraat 40, 8750 ZWEVEZELE, Belgium, +32 478 90 38 61, info@so-yes.com) of the decision to withdraw from the agreement by means of an unequivocal statement, for example by post, fax or email.
To meet the withdrawal deadline, the Customer must send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to SO YES, Yzerbergstraat 40, 8750 Zwevezele, Belgium, without undue delay and, in any event, no later than 14 calendar days after the day on which the Customer notified SO YES of the decision to withdraw from the agreement. The deadline is met if the Customer sends the goods back before the 14-calendar-day period has expired.
If the returned product has diminished in value in any way, SO YES reserves the right to hold the Customer liable and claim compensation for any reduction in the value of the goods resulting from handling by the Customer beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Only items in their original packaging, together with all accessories, instructions and the invoice or proof of purchase, can be accepted for return.
If the Customer withdraws from the agreement, SO YES will refund the amount paid for the items, including the initial delivery costs, within a maximum of 14 calendar days after SO YES has been informed of the Customer’s decision to withdraw from the agreement. For sales agreements, SO YES may withhold reimbursement until it has received all the goods back. Return shipping costs are borne by the Customer.
Any additional costs resulting from the Customer’s choice of a delivery method other than the least expensive standard delivery offered by SO YES will not be refunded.
SO YES will reimburse the Customer using the same payment method used for the original transaction, unless the Customer has expressly agreed otherwise.
Article 8: Warranty
Under the Belgian Act of 21 September 2004 on the protection of consumers in relation to the sale of consumer goods, the Customer has statutory rights. This statutory warranty applies from the date of delivery to the first owner. Any commercial warranty is without prejudice to these rights.
To make a warranty claim, the Customer must provide proof of purchase. Customers are advised to retain the original packaging of the goods.
For items purchased online and delivered to the Customer’s home, the Customer must contact SO YES customer service and return the item to SO YES at the Customer’s own expense.
Upon discovering a defect, the Customer must inform SO YES as soon as possible. In all cases, the Customer must report any defect within two months of discovering it. After that period, any entitlement to repair or replacement lapses.
The commercial and/or statutory warranty does not apply to defects arising from accidents, neglect, falls, use of the item for a purpose other than that for which it was designed, failure to follow the instructions or user manual, alterations or modifications to the item, rough handling, poor maintenance, or any other abnormal or improper use.
Defects appearing more than six months after the date of purchase or, where applicable, delivery are presumed not to be latent defects unless the Customer provides evidence to the contrary.
Article 9: Customer service
SO YES customer service can be contacted by telephone on +32 478 90 38 61, by email at info@so-yes.com, or by post at Yzerbergstraat 40, 8750 Zwevezele, Belgium. Any complaints may be directed to these contact details.
Article 10: Penalties for non-payment
Without prejudice to any other rights available to SO YES, in the event of non-payment or late payment, the Customer will automatically owe interest at a rate of 10% per year on the unpaid amount from the date of default, without any formal notice being required.
In addition, the Customer will automatically owe fixed compensation equal to 10% of the amount concerned, with a minimum of €25 per invoice, without any formal notice being required.
Without prejudice to the above, SO YES reserves the right to recover items that have not been paid for in full.
Article 11: Privacy
SO YES, as the data controller, complies with the Belgian Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data, as well as the General Data Protection Regulation (GDPR), the European data protection legislation that has applied since 25 May 2018.
Please consult our privacy policy for more information.
Article 12: Use of cookies
Please consult our privacy policy for more information about cookies.
Article 13: Severability and non-waiver
If any provision of these Terms is declared invalid, unlawful or void, this will not in any way affect the validity, lawfulness or enforceability of the remaining provisions.
Any failure by SO YES, at any time, to enforce any of the rights set out in these Terms or to exercise any such right shall never be regarded as a waiver of the relevant provision and shall never affect the validity of those rights.
Article 14: Supplementary terms
These Terms are supplemented by any other terms expressly referred to herein and by SO YES’s general terms and conditions of sale. In the event of a conflict, these Terms shall prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups may be used as evidence.
Article 16: Applicable law and disputes
Belgian law applies, excluding the provisions of private international law concerning applicable law.
The courts of the Customer’s place of residence have jurisdiction over legal disputes. The Customer may also use the ODR platform: http://ec.europa.eu/consumers/odr/.