Terms Of Service
VAT – NUMBER: BE 0672.698.067
De Mote 34, 8000 Brugge
ARTICLE 1: GENERAL CONDITIONS
The Terms and Conditions define the contractual rights and obligations of all users and visitors (hereafter called ‘User’) of the website WWW.PENELOPEDESIGN.BE (hereafter called ‘Site’) and the owner of the website being Feline Bonduel, whose registered head office is located at De Mote 34, 8000 Bruges with the unique business number BE 0672.698.067. The present Terms and Conditions manage all sales of products on the Site and supersede any prior condition and they are the only valid, taking into account other legal conditions. The user agrees that any interaction with Penelope is ruled exclusively by these Terms and Conditions, with exception of all conditions available previously on the Site. Penelope has the right to adapt the Terms and Conditions at any time. The Terms and Conditions that apply are the conditions that were published on the Site the day of the purchase. Every product order placed on the Site, presupposes the prior consultation and the acceptance by the user of the Terms and Conditions, without being linked to a written signature.
ARTICLE 2: PRICE
All sales prices mentioned on the Site include taxes, inclusive of the shipping costs only for the Belgian market. The shipping costs for other countries are determined during the buying process and communicated to the User, subject to the type of product, the total amount of purchased products. The final price total is in Euro and explicitly and clearly stated before the User confirms its purchase, except if the delivery takes place outside of Belgium. The published price only refers to the written description of the products. The matching pictures are used purely as illustrations and can contain elements that are not included in the price. Penelope has the right to change certain prices, including the shipping costs, at any moment whichever the motive, although there is an engagement to apply the published prices at the moment of the purchase by the User.
ARTICLE 3: OFFER
Every offer is solely available to the customers residing in the countries that are part of the European Union. The products are meant for normal and private use only. Although the Site is built with the best possible care, it is still probable that the available information could be incomplete, contains materialistic errors or is not completely up to date. If you have specific questions regarding for example: our sizes, colors, availability, shipping terms and/or methods, we would advise you to contact our customer service department through firstname.lastname@example.org. Penelope is only held responsible for the exactitude, relevance and/or extensiveness by obligation of means. Penelope is not in any circumstance responsible for material errors, typos or printing errors. The offer is always valid till the stock lasts and can be adapted or removed at any time by Penelope. Penelope has the right, without any justification, to refuse orders, change the shipping conditions, split packages as well as attaching new conditions to the shipping.
If certain articles are deliverable from stock, they will be expedited as soon as possible after the payment has been made. The delivery of ordered articles will be delivered to the known postal address given by the customer. This address cannot be changed during delivery and is therefore not a temporary coordinate. A delivery delay given by Penelope is never to be considered as a fixed delay. The delivery delay starts after all needed coordinates are given to Penelope, after wich Penelope will try to deliver the ordered goods within 48 hours. In reference to the laws applying on online shopping, Penelope will expedite orders with care and urgency, within at least 48 hours. If this is not possible (e.g. ordered goods are not available), or there is another reason for delaying or partially delivering the ordered goods, the consumer will receive a message within 24 hours. In this case, the consumer may cancel his/her order with no costs.
ARTICLE 4: ONLINE PURCHASES
The customer has the possibility to purchase products from the Penelope assortment online. The purchase is confirmed at the moment the customer receives an e-mail confirmation from Penelope. The products will be delivered at the by the customer given address on the confirmation e-mail.
ARTICLE 5: PROPERTY STATEMENT
The delivered products are, until the customer makes the full payment, the exclusive property of Penelope. The risk of loss and/or damage will be transferred to the customer as soon as the product is delivered. The customer agrees to direct Third Parties to the Property Statement of Penelope if for example the partially paid goods would be taken in custody.
ARTICLE 6: PENALTIES FOR NON-PAYMENT
Without prejudice to the exercise of other rights owned by Penelope, the customer owes a 10% annual penalty fee on the unpaid amount in case of non-or late payment starting the date of the breach of agreement. Moreover, the customer automatically owes and without warning a compensation of 10% of the amount, with a minimum of 25 Euros per bill. Notwithstanding the foregoing, Penelope reserves the right to repossess un- or partially paid items.
ARTICLE 7: COMPLAINTS
Every visible damage and/or qualitative impairment of a product or other problems with for example the delivery has to be reported immediately, with the risk of losing any right, to the customer service department at the following address email@example.com.
ARTICLE 8: WARRANTY
Legal warranty (only for customers)
Under the Act of September 21, 2004 of the customers ‘protection regarding sales of consumer goods, the customer has legal rights. Each article is subject to the legal warranty starting the date of purchase (if applicable delivery to) the first owner. Any commercial warranty leaves these rights without prejudice.
In order to invoke the warranty, the customers must be able to show a proof of purchase. For items that were purchased online and that were delivered to the customer’s given delivery address, the customer needs to contact the customer service department, (firstname.lastname@example.org), after which the customer will have to return the goods at his costs to Penelope. The repair of an item doesn’t give the right of reimbursement. Every default needs to be reported within a month of detection. After which, every right for free repair or exchange will be voided. The (commercial and/or legal) warranty is never valid on defaults that were created because of accidents, negligence, falls, abnormal or incorrect usage, use of the item for other purposes it is intended for, changes or modifications made to the item, hard-handed usage, bad maintenance. It’s also not applicable on items with a shorter lifespan. The warranty is non-transferable.
ARTICLE 9: WAIVER TERMS
The conditions of this article are only valid for customers who have purchased products on the Site, WWW.PENELOPEDESIGN.BE:
The customer has the right to communicate to Penelope that he renounces to the purchase, without payment of a penalty and without justification within the 14 days starting the day after the product was delivered.
Customers, who wish to use their waiver right, have to contact the customer’s service within 14 days from the delivery and return the products at their expense to Penelope, De Mote 34, 8310 Sint-Kruis. Products with a selling price of over 100 euros must be sent by courier (DHL, FEDEX, …)
Will not be accepted as return in any case:
• Used, dirty, damaged or incomplete products
• Products made to size for the customer
• Worn products and/or products where the label has been removed
ARTICLE 10: DEFICIENCY OF VALIDITY – NON-WAIVER
If any given provision of these Terms is declared invalid, unlawful or voided, they will not in any way affect the validity, legality and applicability of other provisions. Failure at any time by Penelope to enforce the right of one of these conditions, or to use the rights of any of them, will never be seen as a waiver to these terms and will never affect the validity of these rights.
ARTICLE 11: PENELOPE CUSTOMER SERVICE
The Penelope customer service department is available through email at email@example.com or by mail at the following address: De Mote 34, 8310 Sint-Kruis.
ARTICLE 12: SHIPPING COST AND TIME
The shipping time in Belgium is around a week; if longer the customer will be alerted immediately. The shipping time for international depends on the country of destination. All deliveries are traceable. Penelope uses fixed shipping costs:
The shipping fee for deliveries in Belgium is included in the stated price on the Site. The shipping fee for international (European) deliveries is 5 euros (VAT included).
ARTICLE 14: TERMS & CONDITIONS MODIFICATIONS
These Terms and Conditions are supplemented by other Terms that are explicitly pointed too, and the Terms and Conditions of Penelope In case of conflict, these Terms prevail. Penelope may revise these Terms at any time without further notice. Every purchase made after the modifications are in acceptance by the customers with the new conditions.
ARTICLE 15: PROOF
The customer agrees that all electronic communications and back-ups can be used as proof.
ARTICLE 16: APPLICABLE LAW – JURISDICTION
The Belgian law is applicable, with exception of the Terms of the International Privacy law about applicable law and with the regulations of Rome I about international sales agreements regarding goods. If eventual conflicts the courts of Bruges (Belgium) are solely competent.
These Terms and Conditions are not applicable to purchases through other points of distribution than the web shop WWW.PENELOPEDESIGN.BE
Penelope commits to use your information solely for the implementation of the contract that you are accepting by placing your order and the data you’ll receive from Penelope at will.
We are considering your data as strictly confidential and will never forward, loan or sell them to a third party. You can check, correct, change or erase the information we have on your behalf in the Penelope client list at any moment and you can refuse that Penelope uses your contact details to send you information. Simply send a request to firstname.lastname@example.org
Penelope keeps (anonymous only) visitors ‘statistics in order to see which pages of the website are visited and to what extent. If you have any questions about this privacy statement, please contact us at email@example.com.
ARTICLE 15: RETURN POLICY
Articles are accepted for refund or exchange if returned to Penelope, in saleable condition within 30 days, accompanied by your returns slip. You must return items in new or unused condition with all original materials included with the shipment.
We inspect all returned items and award a partial refund for opened or used products. If the return is a result of our error or defective product, we will refund the full cost of the merchandise and shipping charges.
De Mote 34
8310 Sint-Kruis (Belgium)