1 Owner of the web shop and validity of these General Terms and Conditions
1.1. This shop is run by Mr. Bharat Shrestha, Bij Sint-Jozef 26, 9000 Gent, BE 0861 642 288.
1.2. These terms and conditions apply for the sale of our products. Other conditions, in particular conditions of customers, are only valid if we have confirmed them in writing.
1.3. We sell our products exclusively to consumers and in quantities that are customary for consumers.
1.4. The original language of these terms and conditions are Dutch and English.
1.5. This web shop only sells in these European Countries: Belgium; the Netherlands; Germany; France; Spain and the UK.
Invoice and delivery address must therefore be located in these countries.
2 Conclusion of the agreement
2.1. This online shop allows you to select individual products from our collection, and this by clicking the button ‘add to cart’. All selected products are collected into an electronic shopping cart. A binding order is only established when you have entered all the information required for the conclusion of the contract. Clicking the button ‘Place order’ is a confirmation that you are aware of these terms and conditions. Until you have clicked this button, you can alter and improve the order as well as the information in your order.
2.2. Once you have placed your order, you will receive an automatically generated confirmation e-mail. This e-mail contains the receipt information of your order and these terms and conditions. We recommend that you print and save this e-mail. We do not store this information. The acknowledgment is no purchase agreement, it just shows that your order has been received by us.
2.3. We reserve the right whether or not to accept your order: we are not obliged to conclude an agreement. We only accept your order by sending the ordered products to the address you specify. You will receive a notification in a separate e-mail. We do not accept orders from minors under 18 years old.
2.4. The minimum value of your order is €10 (incl. VAT), this means that we can not carry out orders below this amount.
3 Availability and delivery of products
3.1. If one or more of the products you ordered are no longer available at the time of your order, unfortunately we can not complete your order. In this case we reserve the right to choose whether we carry out a part of the order or completely reject it. We will inform you by e-mail without delay.
3.2. If the product(s) you ordered is (are) available, then the time to delivery takes about three to five days starting from the day you placed the order, under normal circumstances (no more than thirty calendar days). The goods are delivered to the address specified by you.
3.3. The delivery will only take place within these European countries: Belgium; the Netherlands; Germany; France; Spain and the UK.
4.1. All prices for goods in this shop include the applicable statutory value added tax (VAT). The offers and prices in this shop are valid as long as they are online and while stock last.
4.2. You can pick up your online purchases in one of our stores, this is free of charge.
For each consignment shipping in Belgium we charge 5,10 euros.
For each consignment shipping to the Netherlands, we charge 7,77 euros.
For each consignment shipping to Germany we charge 8,47 euros.
For each consignment shipping to France we charge 9,68 euros.
For each consignment shipping to Great Britain we charge 11,50 euros.
For each consignment shipping to Spain we charge 18,27 euros.
5 Payment methods
5.1. You can choose between different payment methods
– Bank transfer
5.2. Remember that according to your bank and credit agreements, additional costs can arise like costs fort he transfer of money, maintaining a bank account etc..
6 Guarantee and Liability
6.1. All received products are covered by the statutory guarantee. Articles 1649bis and following of the Belgian Civil Code are fully applicable.
6.2. Notwithstanding the foregoing, you will not be entitled to any guarantee:
– for normal wear of the product purchased
– if the product in question has been modified or repaired,
– if the original invoice of the product in question can not be presented, has been altered or defaced,
– by improper or abnormal use of the product, or
– by damaging the product by your intent or negligence.
6.3. We are not liable for the content of third party websites to which we link through this website.
7 Intellectual property rights and trademarks
7.1 All the designs of the Fairly Traded Clothing collection are protected by copyright and more generally by the act on intellectual property. Consequently, designs cannot be copied by any person or instance. Similarly, all the visual features on the Fairly Traded Clothing website, including the underlying technology, are protected by copyright, trademarks or patents and more generally by the act on intellectual property. They are the exclusive property of Fairly Traded Clothing.
The information, logos, designs, slogans, graphic charts, and in general, the advertisements and their contents etc. that are accessible through the website are protected by the act on intellectual and / or industrial property.
Unless expressly authorized thereto by Fairly Traded Clothing, the user is not authorized to modify, copy, reproduce, rent, loan, sell, distribute or create derivative works based in whole or in part on elements presented on the website.
We explicitly refer the user to the national provisions of Belgium on the protection of databases and computer programs, especially to the law of 31 August 1998 on the legal protection of databases and the law of 30 June 1994 on the legal protection of computer programs.
8 Applicable law and jurisdiction
8.1 These terms and conditions are subject to Belgian law, with the exception of the Vienna Sales Convention (CISG). In case of dispute Belgian law is applied and any dispute falls within the exclusive jurisdiction of the court of Ghent.
9 Notice on telephone costs
9.1 When you contact Fairly Traded Clothing by phone, you will be charged the cost of an ordinary call, according to your phone subscription, at no further cost.
10 Notification of Right of withdrawal
10.1 Notification of the legal right of withdrawal
Right of withdrawal
You have the right to withdraw from this agreement within fourteen days without stating any reasons.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, took the first consignment of goods into your/their possession.
In order to exercise your right of withdrawal, you must inform us (Fairly traded Clothing, To Bharat Shrestha, Bij Sint-Jozef 26, 9000 Gent, Belgium, Tel. +32 (0)9 324 51 75, firstname.lastname@example.org) of your decision to withdraw from this agreement by means of a clear statement (e.g. by mailed letter or e-mail). You may use the attached withdrawal form, although this is not required.
The withdrawal period has been observed so long as you dispatch the notification of your exercise of the right of withdrawal prior to the end of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this agreement, we are obliged to reimburse all payments which we have received from you, including delivery costs (excluding any additional costs resulting from your opting for a type of delivery other than the cheaper standard delivery offered), immediately and at the latest within fourteen days from the date on which we receive your notification of withdrawal from this agreement.
For this repayment we will use the same method of payment which you used for the original transaction, unless something different is explicitly agreed with you; in no case will you incur any fees as a result of this repayment. We may refuse this repayment until we receive the returned goods or until you have provided evidence that you have returned the goods, whichever of these occurs first.
All goods which you have received must be returned or delivered immediately, and in any case at the latest within fourteen days from the date on which you inform us of the withdrawal from this agreement, to Fairly Traded Clothing, To Bharat Shrestha, Bij Sint Jozef 26, 9000 Gent, Belgium. This period shall be observed so long as you dispatch the goods prior to the end of the period of fourteen days.
You are responsible for the direct costs of the return of the goods.
You are only responsible for any loss of value of the goods if such loss of value is the result of handling not required to determine the suitability, characteristics and function of the goods.
When you return the delivered goods within the time limit for withdrawal, without mentioning it explicit, we will consider the agreement revoked.
Template Withdrawal Form
(If you wish to withdraw from the agreement, please complete this form and return it to us.)
To: Fairly Traded Clothing, To Bharat Shrestha, Bij Sint-Jozef 26, 9000 Gent, BELGIUM,
I/We (*) hereby withdraw from the agreement which I/we (*) concluded for the purchase of the following goods (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Date: ____________________ Signature of the consumer(s): _________________________________ (only for notification on paper) (*) Delete as applicable.