TERMS OF SALE

  1. COMPANY DATA

F! by Fabulous!

Stéphanie Tuytens

Baarstraat 24

9700 Oudenaarde

Belgium

BE 0639.833.972

Hello@fbyfabulous.be

Tel +32 478 522 911

(hereinafter referred to as ‘Seller’)

  1. GENERAL PROVISIONS

F! by Fabulous!, the online shop of Stéphanie Tuytens, with registered office on Baarstraat 24, 9700 Oudenaarde (Belgium), VAT BE0639.833.972, sells online sports clothing and sports accessories.

The internet user that wishes to buy a product at F! by Fabulous! is referred to in these General Terms and Conditions as ‘the Customer’.

The customer accepts that these conditions are solely applicable, with the exclusion of any general or specific (purchase) conditions, even if these stipulate that they are the only ones applicable.

  1. ASSORTMENT

Products are only delivered in countries where the website permits delivery.

Despite the fact that the online shop and the website are composed with the utmost care, it is nevertheless possible that the information provided is incomplete, contains material errors or is outdated.

With regard to accuracy, up-to-the-minute status or completeness of the information provided, the Seller is only obliged to exert its best efforts. The Seller is in no way liable in the event of material errors or printing errors.

The offer is valid while supplies last and can be changed or cancelled by the Seller at any time.

The Seller has the right – without giving reasons – to refuse orders, adjust delivery times, split deliveries, or attach other conditions to the delivery.

  1. PRICE AND INVOICING

All stated prices are in euros including VAT and administrative costs. Transport costs will be charged, unless otherwise stated.

The quoted price only refers to the product as it is described in words. The accompanying pictures are for decorative purposes and may include elements or items that are not included in the price.

The Customer agrees that F! by Fabulous! will transmit its invoice electronically. If the Customer nonetheless wishes to receive a paper invoice, he can easily request this via email to: hello@fbyfabulous.be.

  1. PAYMENT METHODS

Purchases can only be paid online using Visa, MasterCard, Maestro, Bancontact, iDeal, Sofort Banking, GiroPay, Amex or wire transfer. The customer’s account is debited upon confirmation of purchase. If the Customer’s bank refuses to pay, the order is automatically declined.

For the processing of online payment, F! by Fabulous! works with Multisafepay. Multisafepay has been a reliable partner for more than 15 years in online and mobile payment and guarantees maximum protection against possible fraud.

F! by Fabulous! reserves the right to refuse any order from a customer with whom a dispute is underway or with whom a dispute has arisen in the past.

If payment is authorised after receipt of goods, in addition, in the absence of timely payment on the due date, a standard amount in damages of 10% will be payable legally and without the need for notice of default, as well as late interest of 10% until the date of full payment.

  1. ORDERING PRODUCTS

Regardless of any written evidence that the Customer may have, it is explicitly agreed that only the data registered in the information system of F! by Fabulous!, its ‘hosting’ partner or its Internet payment partner represents proof of the communication, the content of the order and all of the transactions that have taken place between parties.

To place an order, the customer goes to the category of their choice, chooses the colour and size which they wish to receive, and then clicks on ‘add to cart’. In this way, the selected item goes into the ‘shopping basket’. The customer can correct his order as long as it is still in the ‘basket’. If the customer wants to confirm their order, they must choose a delivery and payment method. Throughout the entire checkout process, it is made clear what the total amount is and that must be paid. Through implementation of the payment process, the order becomes definitive and can no longer be modified.

The Customer receives confirmation of their order by a first email after the purchase. Then the customer receives a second email when their order is sent.

  1. DELIVERY AND DELIVERY TERM

Upon confirmation of the order, the customer can choose delivery to a certain address (place of residence, workplace or other).

F! by Fabulous! will endeavour to the best of its ability to send the order to the address provided, between 2-5 workdays after confirmation of the order for Belgium. Between 2-10 workdays for The Netherlands, Luxemburg, France, Germany and the United Kingdom. The order is shipped with Bpost and offered on weekdays to the addressee or any other person present at that address. In case of absence, a notice will be left in the mailbox of the specified address that the customer can pick up the parcel at the nearest post office.

Orders can only be delivered to addresses that are located in Belgium, the Netherlands, Luxembourg, France, Germany or the United Kingdom.

  1. RIGHT OF WITHDRAWAL AND RETURN TERMS

The customer has the right, within 14 calendar days from the day following the day of delivery of the product, to inform F! by Fabulous! that they wish to make use of their right of withdrawal, without having to pay damages for this, and without the need to specify a reason.

The right of withdrawal for delivered goods is only valid if the product is actually returned within 14 calendar days from the day following the day of delivery of the product. The withdrawn product must be sent back in new condition, in its original packaging, in perfect condition and bearing the waybill and a completed return document. You can find the return document in the footer at ‘Return and Return Document’. Any return of which the sender cannot be identified will be refused. Once 14 days have elapsed, F! by Fabulous! is no longer able to accept the return. The return must be sent to the following address:

F! by Fabulous!

Baarstraat 24

9700 Oudenaarde

Belgium

The costs and risks associated with the return shipment are borne by the customer.

The refund of the purchase will be done within 30 calendar days of receipt of the return by F! by Fabulous! On the condition that all the conditions as described above are strictly met. The amount refunded will never be greater in any case than the actual amount paid by the customer.

  1. OWNERSHIP RIGHTS

The delivered goods remain the property of the Seller until full payment of the price, including all costs and expenses, interest and fees. In case the Buyer fails to effect payment, the Seller reserves the right to take back the goods, legally and at the expense of the Customer.

The risk of loss or damage, however, transfers to the Customer commencing at delivery. The Customer undertakes, if necessary, to remind third parties of the Seller’s retention of title.

  1. WARRANTY

Our warranty is limited to warranty for hidden defects and warranty in case of consumer purchases, both as stipulated in the Civil Code.

The guarantee never applies to damage that has arisen due to accidents, neglect, falls, abnormal or incorrect use, use of the article in conflict with the goal for which it was manufactured, modifications or changes in the article, rough handling and poor maintenance.

The warranty is not transferable.

  1. FORCE MAJEURE

The Seller is not liable for any delay in performance or for any other non-fulfilment of his obligations due to force majeure, including but not limited to: events outside normal control, production interruptions, difficulties with shipping or deficits in raw materials, employees, energy or transport, strikes, lock-outs, work interruptions or other collective labour disputes that affect us or our suppliers, even if these events are foreseeable.

  1. PERSONAL INFORMATION

By ordering at the web shop of F! by Fabulous!, the Customer expressly consents to the processing and use of their personal data for purposes such as administration of the customer base, management of orders, deliveries and invoices, monitoring solvency, marketing and advertising. Processing for marketing purposes and personalized advertising only takes place if the customer has stated their specific agreement to this during the ordering process. F! by Fabulous! will not transfer the data to third parties. The Customer has the right to access and modify all data. The Customer has the right at any time to refuse, without charge, the processing (of data) for direct marketing purposes.

  1. CUSTOMER SERVICE

The customer service of the Seller can be contacted by phone +32 478 522 911, via email at hello@fbyfabulous.be or by post at the following address: Baarstraat 24, 9700 Oudenaarde, Belgium.

  1. CHANGE OF CONDITIONS

These terms and conditions may be supplemented by special conditions that take precedence over the general conditions of sale.

These conditions may be modified or supplemented at any time.

  1. DISPUTES AND APPLICABLE LAW

In case of dispute between the parties regarding the contract, only the Courts have jurisdiction of the location of F! by Fabulous (Oudenaarde – Belgium).

Belgian law applies to the contract between the parties.

  1. INTELLECTUAL PROPERTY RIGHTS

The complete F! by Fabulous! website including text, photos, 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 law. They may only be used with the consent of F! by Fabulous!

18 LIMITED LIABILITY

The Seller is in no way liable for viruses or damage to your computer, telecommunication equipment or other property as a result of a visit to or use of this website or downloading materials from this website.

  1. GIFT CERTIFICATE

Each Gift Certificate is equipped with a unique code. This may be a number code and/or text code. Each Gift Certificate is issued only once and is valid for one year from date of issue. The Customer must carefully store the Gift Certificate (including the code). In the event of theft or loss, there will be no reimbursement.

To use a gift certificate, the Customer places the products that they wish to buy in a ‘shopping cart’. During the payment process, the customer fills in the exact code.

The residual value of the Gift Certificate can be used for future orders. Gift certificates cannot be exchanged for cash.

If the total amount of the order exceeds the value of the Gift Certificate, the difference must be paid using one of the other payment methods supported by Multisafepay.

Every (attempted) fraud or other unauthorized act is registered and leads to the use of Gift Certificates being denied