1. IDENTITY OF THE ENTREPRENEUR
Ninedots sprl, trading under the name of iPURPLE
Correspondence address: Arboretumlaan 46, 3080 Tervuren, Belgium
Telephone number: +32 (0) 498.63.86.06
E-mail address: email@example.com
VAT identification number: BE.0890.214.431
These General Terms and Conditions of Sale apply to any order placed on the Belgian Website www.ipurple.eu by a private individual acting as a consumer (hereinafter "the Customer").
These General Terms and Conditions of Sale may be modified at any time by Ninedots sprl.
The confirmation of the order by the Client implies full and complete acceptance without restriction or reservation of these General Terms and Conditions of Sale by the Client, to the exclusion of any other document. The General Terms and Conditions in force at the time of confirmation prevail over all versions.
3. PRODUCTS / PRICE
3.1. Product offering
The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer. Ninedots sprl reserves the right to modify its offer at any time, in particular by adding, modifying or removing Products. The Products are presented as accurately as possible. The Product delivered may differ from the Product presented on the Site without the Client having the right to cancel the sale i) if the Product concerned is a handcrafted or semi-handcrafted Product that does not allow for perfect homogeneity of production ii) or if the Product has been the subject of an order, between the date of the order and the date of delivery, of adaptation linked to technical or technological developments and subject, in these two hypotheses, to the condition that the difference does not concern the essential characteristics of the Products, does not affect their quality and does not generate a price increase.
We cannot guarantee that the colour you see on the Website or in the catalogues matches perfectly the product colour, as the display of the colour depends in part upon the browser and monitor you are using. Ninedots sprl cannot be held liable for inaccuracies in the photographs on the Website.
3.2. Product Prices
The prices of the Products are indicated in Euros and include all taxes. Delivery costs are not included in the price indicated, unless otherwise stated.
Ninedots sprl reserves the right to modify the price of the Products at its own discretion. The price conditions in force on the date of validation of the order by the Client will apply.
4.1. Placing an order
The Customer must add the selected products to his basket. The Customer has the possibility to check the details of his order, its total price and can make changes before any final validation.
The Customer will have the possibility to create a customer account on the Site www.ipurple.eu.
4.2. Validation of the order
Acceptance of the order by the Customer is materialised by his acceptance of these General Terms and Conditions of Sale and payment.
Ninedots sprl reserves the right to refuse an order for any legitimate reason, in particular the existence of an unresolved dispute resulting from non-payment of a previous order.
Ninedots sprl will send an order confirmation by e-mail as soon as possible, including the substantial elements (order number, products ordered, place of delivery, etc.).
The Client agrees that the order confirmation shall be considered as proof of the contractual relationship born with Ninedots sprl.
If one or more products ordered are not available, Ninedots sprl undertakes to inform the Client by e-mail as soon as possible.
Payment is made exclusively in euros, in full at the time of order, by credit card, PayPal, or voucher.
As orders are only taken into account after validation of their payment, no discount or late payment penalty is applicable. Payments may not be suspended or compensated for without the prior written agreement of Ninedots sprl.
5.2. Payment by credit card
The following credit cards are accepted: Visa, Mastercard, American Express, and local payment methods: iDeal, Sofort, Giropay, Bancontact,...
5.3. Payment by PayPal
When validating his order, the Customer must enter his PayPal-linked e-mail address and his PayPal password. If the Customer does not have a PayPal account beforehand, he will be directed, at the time of payment, to a PayPal account creation page allowing him to benefit from this payment method.
5.4. Payment by voucher
The voucher can be used in one (1) time only and cannot be split up or given change. The voucher may be used in addition to another means of payment.
The invoice sent to the Customer includes the information provided by the latter. The information provided may not be modified in any way after the invoice has been issued. The buyer has the possibility of modifying these data at the time of any new order placed on the Site.
6. DELIVERY AND IMPLEMENTATION
Depending on the country of destination, the delivery can be made: at a collection point, at an address of your choice, at your home or at your place of work, in a parcel distributor (in Belgium only - Bpost).
The type of transport, the delivery time and the related costs will be specified at the time of ordering, depending on the place of delivery, the weight and the value of the order.
All goods and services are delivered on the address you supplied in your order.
We will take the greatest possible care when receiving and implementing product orders, and when assessing applications for the provision of services.
We will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be executed, we will always inform you before the expiration of the planned delivery period. If we do not, you can cancel your order, free of charge. In that case, we will refund you within 30 days after termination.
Our shipments are always at our risk until the time of delivery to you or a representative appointed by you. You do not have to worry about goods that are lost in the mail. However, if you return us goods within 30 days of purchase because you would rather not keep them, you are responsible for transportation.
If the goods delivered by us during the transport were damaged, do not correspond with the items stated on the delivery note, or do not correspond to the items you ordered, you must report this as soon as possible and return the items to us within 14 calendar days after your report.
We can not be held responsible for any consequential damages due to late delivery or non-delivery by the carrier that the company has appointed. Our liability in such cases is limited to the value of the items that are shown not to have been received by the customer.
7. RIGHT OF WITHDRAWAL
If you buy goods or services from us, you have the right to decide that you do not want to keep the goods for 30 days from the delivery day, or, for services, the conclusion of the contract. You can then return your order without penalty and without giving any reason. Within 3 days after we have received your order or you have indicated that you want to cancel the agreement, we will refund you the full purchase price with the same payment method you used to pay. We may wait with reimbursement until we have received the goods.
During the first 30 days after delivery, we expect that you carefully handle the order and packaging. If you still want to return the goods as described above, you may only unpack or use them to the extent that is necessary to assess whether you wish to keep it. If you return the goods, this should be done in the original packaging, with all included accessories, in the original condition and packaging, and taking our instructions below into account.
You can return your return package by post or courier.
Some products are excluded from the right of withdrawal, for example sealed computer software with a broken seal, or software that has been installed or registered.
Service contracts are excluded from the right of withdrawal after full execution of the service, but only if the execution of the service has begun with your explicit prior consent.
For reasons of hygiene, cosmetic products must always be in the sealed packaging. We cannot accept packaging that has already been opened.
Clothing can only be returned if it has not been worn or washed and if it bears the original labels when present. Undergarments can only be returned in unopened packaging.
We can only accept returns when the order is sent undamaged, in the original packaging and in a sturdy shipping box. For products that are damaged or show signs of use, we reserve the right to refuse the return or only make a partial refund to cover the damage.
When you return the entire order, we ask that you also return the purchase gift, if applicable. Otherwise, we will retain the value of the purchase gift in the refund amount.
8. PERSONAL DATA
9. INTELLECTUAL PROPERTY
Our website, logos, texts, photos, names, and all our communication in general are protected by intellectual property rights known to us, or to our suppliers or other beneficiaries.
It is prohibited to use and/or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photographs, texts, logos, color combinations, etc ... without our prior written consent.
10. LIMITATION OF LIABILITY
10.1. Use of the Website
Users are solely responsible for browsing the www.ipurple.eu website. Ninedots sprl cannot be held liable for breakdowns, errors, computer viruses that could hinder continuity of access to its Site, nor for any direct or indirect damage, particularly for malfunctions in the computer installation of users that may be observed following access to the Site.
10.2. Force majeure
In the event of force majeure, we are not required to carry out our obligations. In the case of force majeure, we can either postpone our obligations for the duration of the force majeure, or terminate the agreement permanently.
Force majeure includes any situation outside of our will and control which prevents us from fulfilling our promises to you. This includes strikes, fire, malfunctions, power failures, network failures in, for instance, telecommunication networks, connections, or used systems of communication, or the unavailability of our website at any time, non-timely delivery by suppliers or other third parties.
E-mails will be deemed authentic between the parties as well as the automatic registration systems used, particularly in the context of litigation.
11.2. Partial invalidity
If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
11.3. No waiver
The fact that one of the Parties has not required the application of any clause of these General Terms and Conditions of Sale, whether permanently or temporarily, may in no way be considered as a waiver of the rights of that Party arising from the said clause.
12. COMPLAINTS PROCEDURES AND DISPUTES
Of course, we always hope that all our customers are completely satisfied. If you do have a complaint, please let us know as soon as possible via firstname.lastname@example.org. Wij zullen ons uiterste best doen om uw klacht zo snel mogelijk te behandelen.
All agreements that we conclude with our clients, regardless of their place of residence, are governed exclusively by Belgian law, and in case of a dispute, only the competent Belgian courts are competent. If, for reasons of international law, another law applies, Book VI of the Belgian Economic Law Code will be referenced when interpreting the current Terms and Conditions.
The Consumer Mediation Service of the FOD Economie is qualified to process any request to settle extrajudicial consumer disputes. They will, in turn, process the request themselves or send it to a qualified entity. You can reach the Consumer Mediation Service via this link: https://www.consumentenombudsdienst.be/en
If there is a cross-border dispute, the consumer can rely on the Online Dispute Resolution platform of the European Union via this link: https://ec.europa.eu/odr.