Terms & Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Entrepreneur: the legal person who offers products and/or services to consumers from a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
7. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information. 

 

Article 2 - Identity of the entrepreneur

• HoodieHub
• Breughelstraat 10/201, 2018 Antwerp, Belgium
• Phonenumber: +32-491 28 13 61
• E-mail address: contact@hoodiehub.shop
• VAT-identification number: BE0897.757.368

 

Article 3 - Scope of application

1. These general terms and conditions apply to any offer by the entrepreneur and to any remote agreement concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected by way of the entrepreneur and they will be sent free of charge as soon as possible at the consumer's request.
3. If the remote agreement is concluded electronically, notwithstanding the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible before the remote agreement is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or by way of another manner, free of charge.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis (corresponding application), and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

 

Article 4 - The Offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• the possible costs of delivery;
• the manner in which the agreement will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal is applicable;
• the method of payment, delivery or performance of the agreement;
• the term for accepting the offer, or the term for adhering to the price;
• the level of rate of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic tariff;
• if the agreement is archived after conclusion, in what way it can be consulted by the consumer;
• the manner in which the consumer can become aware of acts not wanted by him before the conclusion of the agreement, as well as the manner in which he can rectify these acts before the agreement is concluded;
• any languages other than Dutch in which the contract can be concluded;
• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in case of a contract for continuous or periodical delivery of products or services.

 

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
   a: the trader's information details on which the consumer can make use of the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
   b. the information on existing after-sales services and guarantees;
   c. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
   d. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. If the trader has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of withdrawal on delivery of products

1. The consumer may dissolve a remote or off-premises agreement without justification until a period of fourteen days has elapsed, after the day on which the consumer or a third party designated by the consumer, who is not the carrier, received the first item. Thereafter, the entrepreneur will immediately put the respective account on stop and refund any payment if required.
2. During this period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he uses his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

Article 7 - Costs in case of right of withdrawal

1. If the consumer exercises his right of withdrawal, no more than the cost of return shipment shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than thirty days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   a. that have been created by the entrepreneur in accordance with consumer specifications;
   b. which are clearly personal in nature;
   c. that cannot be returned due to their nature;
   d. which spoil or age quickly;
   e. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
   f. the delivery of items that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;

 

Article 9 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
   • these are the result of legal regulations or provisions;
   • they are the result of statutory regulations or provisions; or
   • the consumer has the power to terminate the agreement by the day on which the price increase takes effect.
   5. The prices mentioned in the offer of products or services include VAT.

 

Article 10 - Compliance and Warranty

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and/or the remote agreement.

 

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and the right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

 

Article 12 - Duration of transactions

1. The consumer may, at any time, terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products or services, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that has been concluded for the regular delivery of products or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.

 

Article 13 - Payment

1. Insofar as not later agreed upon, the amounts owed by the consumer should be paid within fourteen days after delivery of the product or in the case of an agreement to provide a service, within 14 days after delivery of the service.
2. In case of default of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

Article 14 - Complaints procedure

1. The entrepreneur shall have a sufficiently publicised complaint procedure and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

 

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Belgian law.

 

Article 16 - Additional or deviating terms

Additional derogations from these general terms and conditions must not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by consumer.