Terms and Conditions

On this page you will find all legal terms and conditions for the use of our website.  Or would you like a shorter, simpler version? In that case we refer to our “frequently asked questions” page.  Do not hesitate to contact our online customer service  if you have any questions.

 

 

Download the PDF version:
General terms and conditions exochique

 

1. General

These sales conditions govern the use of the website of EXOCHIQUE BVBA with company number BE0472035553 and registered office at B-3700 Tongeren, Sint-Medardusstraat 42, telephone +32 471 60 10 57 (hereinafter referred to as ‘the seller’) and are also applicable whenever an order is placed via the webshop of EXOCHIQUE via www.exochique.com.

They exclude the application of any other general terms and conditions. In spite of this, the provisions of these general terms and conditions always prevail in the event of mutual conflict or contradiction.

The website of the EXOCHIQUE BVBA was created on behalf of and managed by the seller. Users may view and print the information on the site free of charge for personal use, but not for commercial purposes. By using this website, the user acknowledges that he is bound by these terms and conditions that he accepts and will comply with them.

A printed copy of these terms and conditions will have evidential value in legal and administrative procedures based on or related to these terms and conditions to the same extent and under the same conditions as other business documents and data that were originally generated and maintained in printed form.

The information on this website may not be completely free of errors. The seller is not liable for this if applicable. The information is provided and released without any further warranty.

The seller expressly reserves the right to change the information on the website at any time.

Anyone placing an order on the website (hereafter referred to as ‘the customer’) confirms by the order that he is a natural person and, moreover, is legally competent.

Legally incompetents must be represented by their legal representative who is also bound by these terms and conditions of sale and must fill in the order form himself or must give explicit permission to do so. The provisions of the following art. 11 regarding the processing of personal data in full.

The fact that the customer has not received these conditions in his native language does not release him / her from their application. The seller can at any time revise the conditions by updating this page, which is valid for the user from the actualization.

Placing the order implies a payment obligation.

Placing an order on the website is the explicit acceptance of these general sales conditions that are published on the website as well as with the order confirmation.

The acceptance of the general terms and conditions is necessary for placing an order.

Who orders, declares to know and accept the general terms and conditions of the seller.

The general conditions are always available and can be consulted via the website.

With each order, the general terms and conditions that apply to the website and order confirmation at that time apply, with the exclusion of any older or newer provisions.

If one of these conditions would not be legally valid for whatever reason, the other conditions remain fully applicable.

Any matter not explicitly provided for in these sales terms and conditions is governed by Belgian law.

The official language of the contracts concluded is Dutch. The customer service is available at all times to provide further information in case of doubt.

Exochique.com is affiliated with BeCommerce, the Belgian association of companies active in distance selling, via the Internet, and thus all forms of e-commerce. Our webshop endorses the BeCommerce code of conduct.

Information that is not included in these terms and conditions can be found on the website under “ Frequently asked questions”.

 

2. Offer and Orders

The exochique.com webshop offers handmade consumer goods and home decoration items.

An order can only be placed via www.exochique.com.

Orders via the website are deemed to be placed for non-professional purposes. These general terms and conditions of sale apply only to consumers within the meaning of Book VI of the Code of Economic Law, as inserted by the Act of 21 December 2013 inserting book VI “Market practices and consumer protection” in the Code of Economic Law and inserting the definitions own to book VI, and of the law enforcement provisions specific to book VI, in books I and XV of the Code of Economic Law, (BS 30 December 2013, err., BS 20 January 2014, err., BS 18 March 2014, err ., BS March 24, 2014). Merchants wishing to place an order for professional purposes should, if necessary, contact the customer service department.

The seller undertakes to process the orders placed on the site as long as stocks last and within the limits formulated in these conditions. The online order can only be processed if the customer has clearly identified in accordance with art. 9.

It is the responsibility of the customer to comply with all applicable local, national and international legislation (including laws relating to minimum age requirements) regarding the possession, use and sale of any item purchased through this website. By placing an order, the customer agrees to use the ordered products exclusively in a legal way.

The seller reserves the right to refuse orders in the event of serious suspicion of abuse of rights or bad faith, serious suspicion of commercial goals unacceptable to the seller or depletion of the stock of a particular item.

An order is only final after acceptance of these general terms and conditions, the prices and the description of the offer. If any element of the offer is unclear or if the customer has doubts after placing an order, he/she can at all times contact the online customer service for more information, or by sending an e-mail to contact@exochique.com or by calling +32 471 60 10 57. All questions are answered as quickly as possible.

 

3. Payment

The prices are those stated on the website at the time of the order. All mentioned prices include 21% VAT except for intra-community shipments to holders of a VAT number, where a VAT rate of 0% applies. The customer is responsible for the correctness of the passed VAT number.

For delivery in Belgium and the Netherlands the prices include delivery costs (except for delivery on Saturday in Belgium). The costs for shipping to other countries are specified when ordering before the order is placed definitively. The order can still be dispensed with. The costs of shipping can also be found per country:

Belgium (Saturday) € 3 – Luxembourg € 10 – France € 12.50 – Germany € 10 – United Kingdom € 22 – rest EU € 31.50

Payment must be made in advance and is made via one of the following payment methods: Bancontact/Mister Cash, Maestro, Visa, MasterCard, PayPall, Belfius Direct Net, ING HomePay, KBC Online, CBC ONline or iDEAL (Netherlands).

If payment is made by bank transfer, the order is only executed after receipt of the amount deposited. In the meantime, the ordered article will be reserved for 10 days, within which period the transfer must have been made and the payment must have reached the seller, otherwise the order will lapse.

You can also pay with vouchers (gift vouchers, discount coupons, vouchers). If payment is made with a voucher of which the amount exceeds the price to be paid, you will receive a voucher with the remaining amount at the shipping confirmation e-mail of your order (the moment we send the article to you). This voucher remains valid for one year.

4. Order confirmation

After acceptance of the payment by the system, the seller will confirm the order by e-mail. The customer will receive an e-mail with a summary of her/his order together with the general terms and conditions.

 

5. Delivery

For the time being, delivery is only possible in the following countries: Belgium, the Netherlands, Luxembourg, France, Germany, United Kingdom, Bulgaria, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Monaco, Austria, Poland, Portugal, Romania, San Marino, Slovenia, Slovakia, Spain, Czech Republic, Vatican City and Sweden.

The delivery of the ordered item is done at the address given by the customer. Higher point 3 gives an overview of the shipping costs to other countries and in Belgium on Saturday.

At the moment the delivery is delivered with the courier service, an e-mail is sent to the customer. Via the link with tracking number provided therein, the customer can follow up the shipment via the e-tracker of the courier service.

The delivery term only starts after receipt of payment. We strive for the shortest possible delivery period. The delivery period is a minimum of 1 working day and a maximum of 30 days after receipt of the payment for delivery in Belgium and the Netherlands, and a minimum of 2 working days and a maximum of 30 days after receipt of the payment in other countries.

The seller is not liable for delay or failure of delivery due to the carrier.

 

6. Returns

In accordance with articles VI 47-52 of Code of Economic Law, the consumer has a period of 14 days to cancel the contract free of charge without giving reasons. From the 14th day after reception of the order, the customer loses his / her right of withdrawal.

The customer can return the item within fourteen calendar days by mail. The item must then be packed in the original shipping box and sent together with the return form to the following return address: EXOCHIQUE BVBA, Sint-Medardusstraat 42, B-3700 Tongeren, Belgium.

The model withdrawal form can be downloaded here.

Return from Belgium is free of charge. To this end, the return label must be pasted on the outside of the box, after which the box is delivered to the post office and sent at the expense of the seller. For every other method of returning, the customer is responsible for all costs. The customer also pays the costs for returning from abroad. Only from the Netherlands can return free of charge, provided that a personalized return label is drawn up by the seller that can be obtained by mail from the customer at the online customer service by mail.

In all cases, return shipments are only accepted if the product is clean and undamaged, has not been worn and is returned in the original packaging.

After processing the return, the customer is refunded by the seller in the same way as the customer made the payment. If desired, the customer can also opt for a voucher. With this a new order can be placed subject to what is determined under 3.

The seller is not responsible for items that are lost or damaged during transport from the customer to the seller.

The burden of proof that the customer has made timely use of his authority to return within the withdrawal period rests with the customer.

No exceptions to the right of withdrawal are used.

 

7. Warranty

Any problem or defect relating to the delivery of a product, any damage to or poor quality of the product is to be reported within a period of seven days by registered letter sent to the following address: EXOCHIQUE BVBA, Sint-Medardusstraat 42 at B-3700 Tongeren, by means of a message on the customer service page of the web shop or by means of an e-mail sent to contact@exochique.com.

Any problems need to be reported by the customer to the online customer service  at the latest seven days after receipt of the product. The seller and the customer will then try to find a solution. If the product has to be returned to the seller, the procedure described in article 7 has to be followed.  The costs of shipment from Belgium and the Netherlands (provided that a personalised label is created as described in article 7) will be paid by the seller. The customer will be responsible for payment of the costs if products are returned from other countries.

The seller is not liable for force majeure, accident, misuse or incorrect handling of an item by the customer.

An article with an accepted defect will be replaced or repaired free of charge. If the costs of repair are disproportionate, the seller reserves the right to replace the item or exchange it with a similar item.

 

8. Signature and proof

The customer accepts electronic proof.

The customer is exclusively responsible for the accuracy of all information provided by him/her.

The customer needs to register when placing a first online order or reservation. After having followed the registration procedure, the customer only needs to log in to place a new order or reservation.

The final confirmation of the order by the customer implies his/her acceptance of the order at the price indicated. The customer’s ratification serves as a signature and explicit acceptance of all transactions via the website.

 

9. Liability for use of the website

The website of the seller is intended to make general information available to the customer about the products and activities of the seller. The seller has only an obligation of best effort with regard to the access, the ordering process, the delivery or the other services.

The seller has the right to suspend or discontinue the site in whole or in part at any time for maintenance, updating or any other reason, even without prior warning.

The seller cannot be held liable for any nuisance or damage caused by the use of the internet, by any breakdown of the system, the intrusion of outsiders or of a virus, nor of any information posted or processed by third parties or by any other means. fact that can be regarded as force majeure.

When the user enters the vendor’s website, cookies are automatically installed on the hard disk of the user’s computer. This information helps the seller to personalize this website according to the wishes and preferences of each user. Most browsers offer the user the possibility to refuse or delete cookies, or to receive a warning prior to installation.

The user is advised to consult the help instructions in his / her web browser for more information. If the user accepts that cookies are used when he / she enters the website of the seller, these cookies can be used when the user arrives on the website in the future.

The seller’s website may contain hyperlinks or refer directly to other websites or web pages managed by third parties in another way. The seller has no right or control over the content or characteristics thereof. The fact that the seller offers links does not, under any circumstances, imply approval of the content of these websites or pages. If the user decides to visit any other site via a link from or to this website, he / she does this entirely at his / her own risk.

It is not permitted to create or maintain a link from another website to a page on this website without the prior written consent of the seller.

It is not permitted to place or display the website of the seller or any material displayed on this website in a framework or the like on another website without the prior written permission of the seller. Any permitted links to the seller’s website must comply with all applicable laws and regulations.

Under no circumstances are the vendor, the companies affiliated with him, managers, employees, shareholders, agents, legal successors, assigns, retail partners or any party involved in the creation, production or management of the vendor’s website liable to whom therefore also for any indirect, incidental or consequential damages (including, but not limited to, damage as a result of loss of profit, lost data or business interruption) arising from the use or inability to use the obtained results and information via the website of the seller or any website linked to this website, regardless of whether it is based on a guarantee, contract, tort or other legal ground. The aforementioned limitation of liability does not apply insofar as this is legally prohibited under the applicable law.

 

10. Protection of privacy

The seller only collects personal information that is provided on a voluntary basis, directly via the collection of the data and / or order and indirectly by eg. the use of cookies, subscription to newsletter or order.

By completing and sending by email, the customer gives the seller his / her personal data in a file for the purpose of automatic profiling or users, customer management, market research and the sending of mail. The seller will not use the personal data for unsolicited communications. The seller reserves the right to collect data from the customer. The database can be consulted by the authorized employees and persons who are responsible for internal operations. These persons are subject to a confidentiality statement and undertake to respect the private life of the customer. The seller prohibits himself from sharing personal data, selling, disposing or making decisions on behalf of his or her legal advisers or if required by law or following a court decision.

In accordance with the Act of 8 December 1992 on the protection of privacy, the customer is at all times entitled to consult these data, to change them or have them removed if he/she no longer wishes to receive information with regard to the seller’s activities. For that purpose the customer can contact the seller’s online customer service. The customer can change his/her data via his/her account profile.

The customer is responsible for keeping his / her login details confidential and the use of his password.

Click here for more information on our Privacy Policy.

 

11. Intellectual property

The texts, drawings, photographs, films, images, data, software, names, domain names, commercial brand names, trademarks, logos and other information on the seller’s website are protected by intellectual property rights and are the property of the seller or third parties. Save with the prior written consent of the seller, the storage (except for what is necessary to view this website), reproduction, modification, publication, distribution or sending, selling, hiring of the information or granting the rights to a third party, in any way, prohibited.

All parts of the seller’s site, including the technology used for that purpose, are the exclusive property of the seller and are protected by copyright.

Users who have their own website and who, for personal use only, want to set up an automatic link between their own site and the seller’s home page, must explicitly request permission from the seller.

 

12. Jurisdiction and applicable law

The present agreement is governed by Belgian law. In case of disputes, the courts of the legal district of Tongeren and the Court of Appeals at Antwerpen have exclusive jurisdiction. In case of conflicts the customer can contact the arbitration board via the ODR platform.