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General terms and conditions of sale (GTCS)

- The french version always prevails -

1. Scope

These General Terms and Conditions of Sale (hereinafter the "GTCS") define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter the "Customer").

The GTS express the entirety of the obligations of the parties. The Customer is deemed to accept them unreservedly, failing which the order will not be validated.

In exceptional circumstances, derogations may be made to the provisions of the GCS, provided that such derogations have been agreed in writing. Such derogations may consist of the modification, addition or deletion of the clauses to which they relate and shall not affect the application of the other provisions of the GTCS.

Knitty and Woolly (hereinafter the "Seller") reserves the right to amend the GTC from time to time. The modifications will be applicable as soon as they are published online for all purchases made after this date.


2. Online Shop

Via the Platform, the Vendor provides the Customer with an online shop presenting the products or services sold, without the photographs having any contractual value.

The products or services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Vendor may not be held liable.

The products on sale in the online shop are handmade, and may vary in colour, weight or shape. Each product is described as precisely as possible on a product sheet. The colours of the products in the photographs may vary from one screen to another and may cause the actual colour of the product to vary. However, every effort is made to ensure that the photos are as accurate as possible.

Products and services are offered subject to availability.

Prices and taxes are specified in the online shop.


3. Prices

The Seller reserves the right to change its prices at any time by publishing them online.

Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability on that date.

Prices are given in euros and do not include any delivery charges, which are indicated and invoiced in addition before the Customer confirms the order.

The total amount of the order (including all taxes) and, where applicable, delivery costs is indicated before final validation of the order form.


4. Online order

The Customer may fill in an order form online, using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.

For the order to be validated, the Customer must accept these GCS by clicking where indicated.

The Customer must provide a valid e-mail address, billing details and, where applicable, a valid delivery address. Any exchanges with the Seller may take place via this e-mail address.

In addition, the Customer must choose the delivery method and validate the payment method.

The Vendor reserves the right to block the Customer's order in the event of non-payment, an incorrect address or any other problem with the Customer's account, until the problem has been resolved.


5. Order confirmation and payment

The Vendor retains ownership of the items ordered until full payment for the order has been received.

a. Payment

The Customer makes the payment at the time of the final validation of the order using the chosen method of payment. This validation takes the place of a signature.

The Customer guarantees the Vendor that he/she has the necessary authorisations to use this method of payment and acknowledges that the information given for this purpose is proof of his/her consent to the sale and to the payment of the sums due for the order.

The Vendor has set up a procedure for verifying orders and means of payment in order to provide a reasonable guarantee against any fraudulent use of a means of payment, including by requesting identification data from the Customer.

In the event of refusal to authorise payment by bank card by the accredited organisations or in the event of non-payment, the Vendor reserves the right to suspend or cancel the order and its delivery.

The Vendor also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

b. Confirmation

Upon receipt of validation of the purchase together with payment, the Seller will send an invoice to the Customer, unless the invoice is delivered with the order.

The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to Knitty and Woolly (by email to knittyandwoolly@gmail.com) prior to delivery.

In the event that a service or product is unavailable, the Seller will inform the Customer by e-mail as soon as possible in order to replace it or cancel the order for this product and possibly refund the relevant price, the remainder of the order remaining firm and definitive.


6. Proof

Communications, orders and payments between the Customer and the Vendor may be proven by means of computerised registers kept in the Vendor's computer systems under reasonable security conditions. Order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.


7. Delivery

Delivery is only made once payment has been confirmed by the Seller's bank.

Products are delivered to the address indicated by the Customer on the online order form. Any additional costs arising from incomplete or erroneous information provided by the Customer will be invoiced to the Customer. 

Delivery takes place, depending on the method chosen by the Customer, within the time indicated on the order confirmation page.

Information on delivery times is available in the "Terms of delivery" section and depends on the country to which the product is destined. An indication in days refers to the period from payment by the Customer to delivery of the goods.

Delivery times are given as an indication only. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If delivery times exceed thirty days from the date of the order, the sales contract may be cancelled and the Customer reimbursed.

a. Verification of the order

On receipt of the products, the Customer or recipient shall check that the product delivered is in good condition or that the service provided complies with the order.

In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Vendor.

Verification is deemed to have been carried out once the Customer or a person authorised by the Customer has received the order without expressing any reservations.

Any reservations not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Vendor from any liability to the Customer.

b. Delivery error

In the event of a delivery error or non-conformity of the products in relation to the information on the order form, the Customer shall inform the Vendor within three working days following the date of delivery.

Any complaint not made within this period will not be taken into account and will release the Vendor from any liability to the Customer.

c. Returns and exchanges

The product to be reimbursed must be returned to the Seller as a whole and in its original packaging, in accordance with the following terms and conditions:

The return of a product is accepted within a period of 14 days from the day on which the Customer exercised his/her right of withdrawal (see section 9 below) to the following address           
Fanny Girard Sahun    
Voorjaarstraat 14 B2    
2610 Wilrijk        
Belgium

Any claim or return not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release the Seller from all liability towards the Customer.

Any product to be reimbursed must be returned to the Seller as a whole and in its original packaging. The cost of returning the product shall be borne by the Customer.

If the Customer wishes to exchange their product, they must place a new order on the online shop.


8. Guarantees

The Seller guarantees that the products or services conform to the contract in accordance with the law in force at the time the contract is concluded.

a. Guarantee of conformity

If the Customer is a consumer, they have a period of two years from delivery of the product in which to invoke the legal guarantee of conformity. However, if the product purchased was a second-hand item, the warranty period is one year.

Any lack of conformity must be reported to the Vendor as soon as possible and, in any event, no later than two months after it is discovered.

The variations described in article 2. Online Shop do not render the product non-conforming. The buyer is solely responsible for the choice of products, their conservation and their use. The seller may not be held liable for the improper handling, use or natural wear and tear of the products, nor for damage of any kind, whether material, immaterial or physical, which may result from their improper use.


9. Right of withdrawal

If the Customer is a consumer, they may exercise their legal right of withdrawal within 14 working days of delivery of the goods or conclusion of the service contract. 

Once the Customer has communicated their decision to withdraw, they have 14 days to return or refund the goods.

Any retraction not carried out in accordance with the rules and deadlines defined in this article shall not be taken into account and shall release the Vendor from any liability towards the Customer.

The Customer may request reimbursement of the returned product, without penalty, with the exception of the return costs, which remain at the Customer's expense.

The return of the product will only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.

The Vendor shall reimburse the Customer for all sums paid, including delivery costs, within 14 days of recovery of the goods or transmission of proof of dispatch of the goods.

If the order relates, in whole or in part, to digital content not supplied on a physical medium, the Customer hereby agrees to forfeit, in respect of such digital content, his/her right of withdrawal in order to receive delivery as soon as possible.

 

If the order concerns, in whole or in part, the supply of services, the Customer hereby waives, for these services, his right of withdrawal in order to be supplied as soon as possible following the conclusion of the contract.

To exercise the right of withdrawal, you must inform the Seller (Fanny Girard Sahun, e-mail knittyandwoolly@gmail.com) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or e-mail). You may use the model withdrawal form attached, but this is not obligatory.

Sample withdrawal form :

 

For the attention of :

Knitty and Woolly

Voorjaarstraat 14 B2, 2610 Wilrijk, Belgium

Company number (BCE/TVA): BE 0800864365

E-mail: knittyandwoolly@gmail.com

Telephone: +32456205603

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of the following services (*):

________________________________

________________________________

________________________________

Ordered on (*)/received on (*) : __________

Name of consumer(s): __________

Address of consumer(s) : __________

Signature of the consumer(s) (only in the case of notification of this form on paper) :

____________________

Date : __________

* Delete as appropriate


10. Data protection

The Seller shall keep proof of the transaction, including the order form and the invoice, in its computer systems under reasonable security conditions.

The Seller guarantees to protect the Customer's personal data in accordance with the Confidentiality Policies available on the Platform.


11. Force majeure

If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond its control, this shall be deemed to be force majeure.

In the event of force majeure, the Seller is authorised to suspend performance of the order, in whole or in part, for the duration of the force majeure. The Seller shall notify the Customer immediately.

If the force majeure continues for more than 90 days without interruption, each of the parties to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. The services already provided by the Vendor will nevertheless be invoiced proportionally to the Customer.


12. Independence of clauses

The illegality or nullity, in whole or in part, of any provision of these GTC shall have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.


13. Applicable law and competent jurisdiction

These GTC are governed by Belgian law.

In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the seller's registered office.

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