Terms & conditions
So Yes BVBA
Yzerbergstraat 40, 8750 ZWEVEZELE
Article 1: General provisions
The e-commerce website of SO YES, a limited liability company with registered office at Yzerbergstraat 40, 8750 ZWEVEZELE, VAT BE 0646.730.672, RPR SO YES, (hereinafter referred to as "SO YES") offers its customers the opportunity to purchase the products from its webshop online.
These General Terms and Conditions ("Terms") apply to every order placed by a visitor to this e-commerce website ("Customer"). When placing an order via the webshop of SO YES, the Customer must explicitly 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 these have been accepted by SO YES in advance in writing and explicitly.
Article 2: Price
All prices quoted are expressed in EURO, always including VAT and all other taxes or duties that are mandatory for the Customer. If delivery or administrative costs are charged, this will be stated separately. Postage costs are charged for delivery by post.
The indication of price refers exclusively to the articles as described verbally. The accompanying photos are intended 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 created with the greatest possible care, it is nevertheless possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind SO YES. SO YES is, as far as the accuracy and completeness of the information is concerned, only bound to an obligation of means.
SO YES is in no way liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we ask the Customer to contact our customer service in advance.
The offer is always valid while supplies last and can be adjusted or withdrawn at any time by SO YES. SO YES cannot be held liable for the unavailability of a product.
Article 4: Purchase online
How the Customer does this:
· Choose your Article, determine your size and add it to the shopping cart;
· Confirm your shopping cart and press "checkout"
· Choose your delivery method
· Provide your billing address and shipping address;
· At "My payment" you will find an overview of your billing and shipping address. You also choose your payment method there;
· Follow the steps for payment and complete your payment;
· You will be asked to accept the General Terms and Conditions;
After the Order
has been completed, the Customer will receive an email from SO YES with an
order confirmation and an overview of the Order. In addition to a summary of
the Order, the Customer also receives these General Terms and Conditions with
this e-mail. If the Customer has made the payment, they will receive a
confirmation email. The moment the Order is sent to the specified address or
arrives at the Post point / Parcel Shop of their choice, the Customer will
receive an email from SO YES.
All Orders depend on any stock fluctuations. If the Item is not in stock, SO YES will inform the Customer and SO YES has the right to cancel the Order. Once the payment has been received, it is no longer possible for the Customer to adjust the Order. SO YES can also no longer intervene regarding the specified delivery address or delivery method. At that time, the Order will be processed and will be available within 2 to 5 working days at the address chosen by the Customer.
The Customer has the choice of the following payment methods. No extra costs are charged for this.
· Bank card (Bancontact, Mister Cash, Maestro)
· Credit card (Visa, MasterCard)
has no access to the confidential payment details of its customers. These are therefore
not stored with SO YES. SO YES is entitled to refuse an order due to a serious
shortcoming on the part of the Customer with regard to orders in which the
Customer is involved.
Article 5: Delivery and implementation of the agreement
Items ordered through this web store are delivered worldwide. Unless otherwise agreed or expressly determined otherwise, the goods will be delivered to the Client's place of residence within 30 days of receiving the order. Deliveries in Belgium are handled by Bpost. Packages are delivered abroad by DHL, BPost, DPD or UPS.
Home address delivery
Orders are delivered to the address specified by the Customer at the time of their order. The Customer can follow the package online via the Track & Trace. If the customer is not present at the time of delivery of products with small or medium dimensions, a message is left by the transporter in the letter box stating the nearest postal point so that the customer, after showing the proof of identity, can pick up the product within 15 calendar days. Track & Trace: Track your package online.
In the event that the customer is not at home, the shipment is taken to the nearest mailing point and stored for 15 calendar days.
Post office / post point delivery Orders are delivered to the post office / postal point specified by the Customer at the time of their order. The Customer can follow the package online via the Track & Trace. The customer has 14 calendar days to collect the package.
Home address delivery
Orders are delivered to the address specified by the Customer at the time of their order. The Customer can follow the package online via the Track & Trace. The Customer is always asked to sign for receipt. If the Customer is not present, the package will be delivered to a DHL Parcel Shop where it can be collected by the Customer for 7 days. The recipient also receives a message in his mailbox.
Orders are delivered to the parcelshop specified by the Customer at the time of their order. The Customer can follow the package online via the Track & Trace. The customer has 7 calendar days to collect the package.
Any visible damage and/or qualitative shortcoming of an item or other shortcoming in the delivery must be immediately reported by the Customer to SO YES within 2 days after delivery.
The risk of loss or damage is transferred to the Customer from the moment he (or a third party designated by them, who is not the carrier) has acquired physical possession of the goods. However, the risk already transfers to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by SO YES.
Article 6: Retention of title
The delivered items remain the exclusive property of SO YES until the moment of full payment by the Customer. The Client undertakes, if necessary, to inform third parties of SO YES's retention of title, for example to anyone wanting to seize items that have not yet been fully paid.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who purchase items online from SO YES in their capacity as Customer.
The Customer has the right to withdraw from the contract within 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the good.
To exercise the right of withdrawal, the Customer must inform SO YES (Yzerbergstraat 40, 8750 ZWEVEZELE, 0478/903861, firstname.lastname@example.org) via an unambiguous statement (e.g. in writing by post, fax or e-mail) of its decision to withdraw from the contract.
In order to comply with the withdrawal period, the Customer must send their notification regarding their exercise of the right of withdrawal before the withdrawal period has expired. The Customer must return the goods to SO YES without delay, but in any case, no later than 14 calendar days after the day on which they communicated their decision to revoke the agreement to SO YES, Yzerbergstraat 40, 8750 Zwevezele. The Customer is on time if they return the goods before the period of 14 calendar days has expired.
If the returned product has been reduced in value in any way, SO YES reserves the right to hold the Customer liable and claim damages for any depreciation of the goods that results from the use of the goods by the Customer that goes beyond what is necessary to determine the nature, characteristics and operation of the goods.
Only items that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
If the Customer revokes the agreement, SO YES will refund the articles, EXCLUDING the delivery costs of the return shipment, to the Customer within a maximum of 14 calendar days after SO YES has been informed of the Customer's decision to revoke the agreement. For sales contracts, SO YES can suspend the reimbursement until it has received all the goods back, or until the Customer has demonstrated that they have sent back the goods, whichever is earlier. The costs for the outbound shipment shall be borne by the Customer if the package is sent after 14 calendar days.
Any additional costs resulting from the
Customer's choice of a different method of delivery than the cheapest standard
delivery offered by SO YES will not be reimbursed.
SO YES pays the Customer back with the same payment method with which the Customer carried out the original transaction, unless the Customer has expressly agreed otherwise.
Article 8: Guarantee
Under the law of 21 September 2004 on the protection of customers when selling consumer goods, the customer has legal rights. This legal guarantee applies from the date of delivery to the first owner. No commercial guarantee shall affect these rights.
To invoke the guarantee, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact the SO YES customer service and return the item to SO YES at its expense.
When a defect is determined, the Customer must inform SO YES as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after it has been determined. Afterwards, any right to repair or replacement expires.
The (commercial and/or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, non-compliance with the user instructions or manual, adjustments or changes to the item, heavy 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, delivery, if any, are deemed not to be hidden defects, unless the Customer proves otherwise.
Article 9: Customer service
The customer service of SO YES can be reached at the telephone number +32478903861, via e-mail at email@example.com or by post at the following address Yzerbergstraat 40, 8750 Zwevezele. Any complaints can be directed here.
Article 10: Sanctions for non-payment
Without prejudice to the exercise of other rights held by SO YES, in the event of non-payment or late payment from the date of the default, the Customer shall owe interest of 10% per year on the unpaid amount without notice. In addition, the Customer shall automatically and without notice be liable to pay a fixed indemnity of 10% of the amount in question, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, SO YES reserves the right to take back articles that are not (fully) paid.
Article 11: Privacy
Article 13: Impairment to validity - non-discontinuation
If any provision of these Terms and Conditions is declared invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the other provisions.
Failure by SO YES at any time to enforce or exercise any of the rights listed in these Terms and Conditions shall never be considered a waiver of such provision and shall never affect the validity of these rights.
Article 14: Change of conditions
These Terms and Conditions are supplemented by other terms and conditions explicitly referred to, and the general terms and conditions of sale of SO YES. In the event of a conflict, these Terms and Conditions prevail.
Article 15: Proof
The Customer accepts that electronic communications and back-ups can serve as evidence.
Article 16: Applicable law - disputes
Belgian law applies, with the exception of the provisions of private international law regarding applicable law. The courts of the Customer's place of residence are competent in the event of legal disputes. The Customer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).