GENERAL CONDITIONS OF SALE

Business information 

Anckaert Confectie nv,
hereinafter referred to as ‘Gymp’, ‘we’, ‘us’, ‘ours’ and ‘gymp.be’

Waregemstraat 14 – 8792 Desselgem – Belgium

Company identification number BE 0873.284.466

telephone : 0032 56 65 06 82

and email: webshop@gympflags.be

COC Kortrijk

 

Article 1: General provisions

Our webshop offers consumers the opportunity to buy products online. These General Terms and Conditions of Sale apply to every order placed. When placing an order, the customer must expressly accept the General Terms and Conditions of Sale, by which he agrees to their applicability to the exclusion of all other terms and conditions of sale. Additional terms and conditions of the customer are excluded, unless they have been accepted by us beforehand, in writing and expressly.

Other conditions concerning privacy, cookies, intellectual property are mentioned on the website.

Article 2: Price

All prices quoted are in EURO including VAT, taxes or duties.

If delivery, reservation or administrative costs are charged, these will be stated separately.

The price refers exclusively to the articles as described verbatim. The accompanying photos are indicative and may contain elements that are not included in the price.

Article 3: Availability

The webshop is composed with the greatest possible care, yet it is possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer are not binding on us. We are bound by an obligation of means with regard to the correctness and completeness of the information offered. Under no circumstances shall we be liable for manifest material errors, publication or printing errors.

If the customer has specific questions about e.g. sizes, colour, availability, delivery time or method of delivery, our customer service can be contacted in advance.

The offer is always valid as long as stocks last and can be adjusted or withdrawn at any time. We cannot be held liable for the unavailability of a product.

In the event that a product is out of stock, customer service will inform the consumer and propose an alternative such as an alternative article, refund or delivery at a later date.

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated.

Article 4: Online purchases

The order is placed by going through the steps on the website. The order is considered placed when the last step of the ordering process has been completed and the payment process has been approved.

The customer has the choice between the payment methods listed on the payment page. The payment only becomes effective when the customer's bank gives its approval. In the event of refusal, the order is considered not to have been placed.

We are entitled to refuse an order due to a serious shortcoming on the part of the customer.

 

Article 5: Delivery and execution of the agreement

The shipping costs for Belgium, the Netherlands, Luxembourg and Germany are 4.95 euros for orders lower than 50 euros. The shipping costs for France and Austria are 9,95 euro for orders lower than 75 euro. The shipping costs for Italy are 12,95 euro for orders lower than 100 euro. The shipping costs for Spain are 14,95 euro for orders lower than 125 euro. For other countries and places that are part of the territory of these countries but outside the mainland in Europe, e.g. islands, there are different conditions, please contact our customer service.

Orders will be delivered to the address provided. If the carrier is unable to deliver your order e.g. because the address is not accessible or there is no one to accept the delivery, our customer service will contact you to arrange a new delivery and additional delivery costs may be charged.

In case of loss of a delivery by the carrier, we will ship your order again free of charge. If this is not possible, we will refund the full amount, including any transport costs.

Any visible damage, quality defect or incorrect delivery must be reported immediately by the customer to our customer service department.

The risk of loss or damage shall pass to the customer as soon as he has acquired physical possession of the goods.

 

Article 6: Right of withdrawal

The provisions of this article only apply to consumers who purchase articles online.

The consumer has the right to withdraw from the contract within a period of 14 calendar days without giving any reason.

The withdrawal period shall expire 14 calendar days after the day on which the consumer acquires physical possession of the goods.

In order to exercise the right of withdrawal, the consumer must inform our customer service department of his decision to withdraw from the contract by means of an unequivocal statement.

The consumer must return the goods without undue delay and in any event no later than 14 calendar days from the day on which he communicates his decision to withdraw from the contract. The customer service department shall provide the customer with the necessary documents and instructions to return the goods.

The cost of returning the goods is EUR 4.95, which shall be borne by the consumer and will be withheld from a refund.

The consumer must return the articles in their original condition and packaging, with all labels and tags attached, with all accessories supplied, unwashed, unworn, without any damage or stains. All returned items will be carefully examined. Returned items may have been fitted, but may not have been used. If an article has suffered a decrease in value due to the use of the customer, this will be charged to the customer.

If the consumer withdraws from the contract, we will reimburse the customer within 14 calendar days after all returned goods have been received, or from the moment the consumer has proved that he has returned the goods. Delivery charges will not be refunded.

The consumer will be reimbursed using the same means of payment as he used to carry out the original transaction.

The consumer may not exercise the right of withdrawal for gift vouchers.

Article 7: Guarantee

Under the law of 21 September 2004 on the protection of consumers in respect of the sale of consumer goods, consumers have legal rights. The legal guarantee applies from the date of delivery to the first owner.

In order to benefit from the guarantee, the customer must be able to present proof of purchase. Customers are advised to keep the original packaging. The customer must contact customer service and return the item at his own expense.

If a defect is found, the customer must inform us as soon as possible, in any case within 2 months. After this period, any right of repair or replacement expires.

The legal guarantee never applies to defects caused by accidents, neglect, falling, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, modifications or alterations to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of delivery are considered not to be hidden defects, unless proof to the contrary is provided by the customer.

Article 8: customer service

Our customer service is available:

- By email to webshop@gymp.be

- By phone on 0032 56 65 06 82 every working day on Monday to Thursday : 9h to 12h and 13h to 16h and on Friday : 9h to 13h

Gymp saves the history of your orders and invoices, so you can find them in your account.

 

Article 9: Invalidation - non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 10: Proof

The customer accepts that electronic communications and backups shall serve as furnishing of proof.  

Article 11: Applicable law - jurisdiction

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law. The courts of the address of the consumer district have jurisdiction in the case of any disputes.