Table of Contents:
ARTICLE 1: GENERAL PROVISIONS
ARTICLE 2: PRICE
ARTICLE 3: OFFER
ARTICLE 4: ONLINE PURCHASES
ARTICLE 5: DELIVERY AND EXECUTION OF THE AGREEMENT
ARTICLE 6: RETENTION OF TITLE
ARTICLE 7: RIGHT OF WITHDRAWAL/RETURN
ARTICLE 8: GUARANTEE
ARTICLE 9: EXCLUSION OF RIGHT OF WITHDRAWAL
ARTICLE 10: CUSTOMER SERVICE
ARTICLE 11: COMPLAINTS
ARTICLE 12: PENALTIES FOR NON-PAYMENT
ARTICLE 13: PRIVACY
ARTICLE 14: AFFECTION OF VALIDITY - NON-WAIVING
ARTICLE 15: ALTERATION OF CONDITIONS
ARTICLE 16: FORCE MAJEURE
ARTICLE 17: INTELLECTUAL PROPERTY
ARTICLE 18: PROOF
ARTICLE 19: APPLICABLE LAW - DISPUTES
ARTICLE 20: E-INVOICE
ARTICLE 1: GENERAL CONDITIONS
The website of Freya Products, part of Freya Products BVBA with registered office in 8560 Wevelgem, Roeselarestraat 40 and VAT number BE 0680.696.213
(hereafter referred to as 'Freya Products') offers its customers the possibility to buy the products from its web store online.
These General Terms and Conditions ("Terms and Conditions") apply to every order placed by a visitor to this webshop ("Customer"). When placing an order through Freya Products' web store, Customer must explicitly accept these Terms, thereby agreeing to the applicability of these Terms to the exclusion of all other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been previously, in writing and expressly accepted by Freya Products.
ARTICLE 2: PRICE
All prices are expressed in EURO and are always inclusive of VAT and all other compulsory charges or taxes to be borne by the Customer. If delivery, reservation or administrative costs are charged, this will be indicated separately. The price stated refers exclusively to the articles as described word for word. The accompanying photos and videos are for decorative purposes only and may contain elements that are not included in the price.
ARTICLE 3: OFFER
Despite the fact that the online catalog and the e-commerce website are composed with the utmost care, it is still possible that the information offered is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind Freya Products. As far as the correctness and completeness of the offered information is concerned, Freya Products is only bound to a best efforts obligation. Freya Products will under no circumstances be liable in case of obvious material errors, misprints or printing errors.
If the customer has specific questions about e.g. sizes, color, availability, delivery time or delivery method, we request the customer to contact our customer service department in advance, preferably through their account (tickets) or by mail to: info@freyaproducts.be
The offer is always valid while stocks last and can be modified or withdrawn by Freya Products at any time. Freya Products cannot be held responsible for the unavailability of a product. If an offer has a limited validity or is made under conditions, this will be explicitly mentioned in the offer. Freya Products will not be liable for any damage, for whatever reason, due to the fact that Freya Products has relied on incorrect and/or incomplete data provided by the customer. Freya Products is not liable for any damage caused by the incorrect use of the address label by the customer.
ARTICLE 4: ONLINE PURCHASES
Customer chooses one or more products from our online catalog;
The Customer provides correct information in order for the necessary information and delivery to be successful;
The Customer has the choice between the following payment methods
Via Bancontact
Via Belfius Pay Button
Via KBC/CBC payment button
Via Paypal
Via Visa
Via iDEAL
Via invoice and bank transfer to account number BE30 0018 7957 0111
Paying afterwards
Freya Products is entitled to refuse an order due to a serious shortcoming of the customer with regard to orders involving the customer.
ARTICLE 5: DELIVERY AND EXECUTION OF THE AGREEMENT
Articles ordered through this web store will be delivered within the EU.
Unless otherwise agreed or explicitly provided, the goods will be delivered to the residence of the Customer within 5 working days (unless otherwise communicated) after receipt of the order and this by post. The cost of this delivery shall be borne by the Customer unless expressly provided otherwise. If the Customer has not received his purchased goods within the above-mentioned period of 5 working days, he is obliged to report this to Freya Products.
Delivery will only take place when Freya Products has either received the full amount due from the Customer or has received a clear order confirmation via the platform (e.g. after selection: Payment after delivery or payment on invoice after delivery).
Any visible damage and/or qualitative deficiency of an item or other shortcoming in the delivery, must be reported by the Customer to Freya Products immediately via mail, customer account or via postal mail.
The risk due to loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has received physical possession of the goods. However, the risk already passes 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 Freya Products.
ARTICLE 6: RETENTION OF TITLE
Delivered items remain the exclusive property of Freya Products until paid for in full by the Customer.
If necessary, the customer undertakes to inform third parties of Freya Products' retention of title, e.g. anyone who might come to seize articles that have not yet been paid for in full.
ARTICLE 7: RIGHT OF WITHDRAWAL/RETURN
The provisions of this article only apply to Customers who purchase items online from Freya Products in their capacity as consumers.
The Customer has the right to withdraw from the contract within a period of 28 calendar days without giving reasons.
The withdrawal period expires 28 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, receives physical possession of the good.
How to return? Via this link you can see the step-by-step plan for exercising your right of withdrawal.
Through this link you can also download the model form for the right of withdrawal if desired.
In order to comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to Freya Products without delay, but in any case no later than 30 calendar days from the day on which he communicates his decision to withdraw from the contract to Freya Products BVBA. The Customer is on time if he returns the goods before the 30 calendar day period has expired.
The direct cost of returning the goods will be borne by the Customer, unless the returned order has a higher purchase value (including discounts) of 39,99€.
If the returned product is in any way impaired in value, Freya Products reserves the right to hold the Customer liable and to claim damages for any impairment of the goods resulting from the Customer's use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Return of the products should, if reasonably possible, be in the original packaging and in new condition, together with all accessories, instructions for use and invoice or proof of purchase.
If the Customer cancels the contract, Freya Products will refund all payments received to that date from the Customer, including the standard delivery charges as stated above, within a maximum of 14 calendar days of Freya Products being informed of the Customer's decision to cancel the contract. For sales contracts, Freya Products may wait to refund until it has physically received all the goods back, or until the Customer has demonstrated that he has returned the goods, whichever comes first.
Freya Products will refund the Customer using the same means of payment the Customer used, unless the Customer expressly agrees to another method of payment; in any case, the Customer will not be charged for such refund.
ARTICLE 8: GUARANTEE
Under the Act of September 21, 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
To invoke the warranty, the Customer must be able to present 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 Freya Products customer service and return the item to Freya Products at his own expense.
If a defect is found, the Customer must inform Freya Products as soon as possible. In any case, any defect must be reported within a period of 2 months after its discovery by the customer. After that time, any right to repair or replacement expires.
The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to comply with the user instructions or manual, adaptations or modifications to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that become apparent after a period of 6 months following the date of purchase, or delivery if applicable, are not considered to be hidden defects, unless the Customer can prove otherwise.
ARTICLE 9: EXCLUSION OF RIGHT OF WITHDRAWAL
We may exclude the following products from the Right of Withdrawal if we state this clearly on the product page:
a. Products manufactured to your specifications, which are not manufactured and are manufactured based on your individual choice or decision, or which are clearly intended for a specific person.
b. Products whose price is subject to fluctuations in the financial market over which we have no control and which may occur within the withdrawal period;
c. Products which spoil quickly or have a limited shelf life;
d. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
e. Products that after delivery by their nature are irrevocably mixed with other products;
f. Alcoholic beverages whose price was agreed upon at the conclusion of the Purchase Agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which we have no influence;
g. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
h. Newspapers, magazines or journals.
ARTICLE 10: CUSTOMER SERVICE
The customer service of Freya Products can be reached at the phone number located at the bottom left of our webshop, by e-mail at info@freyaproducts.be or by mail at the following address: Roeselarestraat 40, 8560 Wevelgem. Any complaints can be addressed to this address. We always try to treat them with the utmost respect. Please treat our customer service as such. Please always have your order number ready when you contact us by phone. See article 10. below regarding our complaints policy.
ARTICLE 11: COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this procedure.
Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute resolution commission appointed by Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
ARTICLE 12: SANCTIONS FOR NON-PAYMENT
Without prejudice to the exercise of other rights available to Freya Products, in the event of non-payment or late payment, Customer shall, by operation of law and without notice, owe interest of 10% per year on the unpaid amount from the date of the default. In addition, Customer shall be liable, by operation of law and without notice, to pay a lump-sum indemnity of 10% on the amount in question, with a minimum of EUR 25 per invoice.
Without prejudice to the foregoing, Freya Products reserves the right to take back articles that have not been (fully) paid for.
Customer is also obliged to pay all collection costs, both extra-judicial and judicial, that the collection of an unpaid invoice may give rise to.
ARTICLE 13: PRIVACY
The controller, Freya Products, respects the Belgian law of December 8, 1992, regarding the protection of privacy in the processing of personal data.
The personal data communicated by you will only be used for the following purposes: processing the order, sending newsletters, advertising and/or marketing purposes of Freya Products.
You have a legal right to inspect and possibly correct your personal data. Provided that you have proof of identity (copy of your identity card), you can obtain a written, dated and signed request to Freya Products, Roeselarestraat 40, 8560 Wevelgem, free of charge, for the written communication of your personal data. If necessary, you can also ask to correct data that are incorrect, incomplete or irrelevant.
In case of use of data for direct marketing: You can object free of charge against the use of your data for direct marketing. To this end, you can always contact Freya Products, Roeselarestraat 40, 8560 Wevelgem or by e-mail at info@freyaproducts.be.
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
The customer is responsible for keeping his login data confidential and for the use of his password. Your password is stored encrypted, Freya Products therefore has no access to your password.
Freya Products keeps online (anonymous) visitor statistics 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 info@freyaproducts.be.
ARTICLE 14: INVALIDITY - NON-WAIVERS
If any provision of these Terms and Conditions is declared invalid, unlawful or void, this will in no way affect the validity, legality and applicability of the other provisions.
The failure at any time by Freya Products to enforce any of the rights enumerated in these Terms and Conditions, or to exercise any of them, will never be considered a waiver of such provision and will never affect the validity of these rights.
ARTICLE 15: MODIFICATION OF CONDITIONS
Freya Products reserves the right to change or to supplement these conditions.
Changes will also apply to agreements already entered into with due observance of a period of 30 days after the announcement of the change on the website, by electronic message or in writing. Changes of minor importance can be made at any time. If the Customer does not wish to accept a change in these terms and conditions, he may terminate the agreement by that date until the date on which the new terms and conditions come into force, unless Freya Products has indicated that the old terms and conditions will remain in force for the Customer.
ARTICLE 16: FORCE MAJEURE
Freya Products cannot be held responsible for fulfilling any obligation to Customer if Freya Products is prevented from doing so as a result of a circumstance, which is not due to its fault, nor for its account under the law, legal act or generally accepted practice ("force majeure").
Circumstances include, but are not limited to: disruptions in the connections to and from the Internet, transport delays, strikes, lockouts, government measures, the failure of carriers, suppliers and/or other third parties to meet their obligations. Force majeure also includes shortcomings of third parties that have been brought in and are necessary for the delivery of the Service, as well as any other situation over which Freya Products cannot exercise any (decisive) control.
In the event of force majeure Freya Products will be relieved of its obligation to deliver or to carry out the agreed work. It will depend on the circumstances of the case whether this is and will remain fully or partially the case, or whether there will only be a suspension of delivery and/or performance. If an opportunity arises to still deliver and/or carry out work in a modified way, both Freya Products and Customer will be obliged to make use of it, possibly by adjusting the amounts payable by Customer.
ARTICLE 17: INTELLECTUAL PROPERTY
Any intellectual property right related to our Website (Product description, photographic material, ...), remains the property of Freya Products. It is not allowed to reproduce, disclose or copy such data.
ARTICLE 18: PROOF
The Client accepts that electronic communications and back-ups can serve as proof.
ARTICLE 19: APPLICABLE LAW - DISPUTES
Belgian law shall apply, with the exception of the provisions of international private law on applicable law. The courts of the Consumer's place of residence have jurisdiction in the event of legal disputes. The Customer may also apply to the ODR platform (http://ec.europa.eu/consumers/odr/).
ARTICLE 20: E-INVOICE
Because we take the environment into account, invoicing is done exclusively electronically by mail. Our mailings also serve as proof of purchase of the goods purchased. If the Customer wants a paper copy of the invoice, this is always possible by sending an email to info@freyaproducts.be.