Terms of Sale
TERMS OF SALE – TOOS FRANKEN
The Website and the related services are offered by:
Salamander NV (hereafter ‘Toos Franken’, ‘We’, ‘Our’ and ‘Us’)
BE - 2470 Retie
Company number (VAT-BE): BE0681745791
Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract”: Every contract in which Toos Franken commits to transfer the property of the Goods to the Customer and where the Customer commits to pay for these Goods.
“Goods”: The goods sold by Us through Our Website;
“Order”: Your order for Goods;
“Order Confirmation”: Our acceptance and confirmation of Your Order;
“Order Number”: The reference number for Your Order;
“Customer”: Every natural person, acting for purposes outside his business, trade, craft or professional activity, who enters into a contractual relationship with Toos Franken. Further also referred to as “You” or “Your”.
“Terms of Sale”: Reference to this document as a whole.
“Website”: the website used by Us to offer You the Goods,
Application of the Terms of Sale
Please read these Terms of Sale carefully and ensure that You understand them before ordering any Goods from Our Website. You will be required to read and accept these Terms of Sale when ordering Goods. If You do not agree to comply with and be bound by these Terms of Sale, You will not be able to order Goods through Our Website.
The Terms of Sale apply to all current and future sales of Goods by Toos Franken to the Customer.
These Terms of Sale are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms of Sale.
These Terms of Sale do not apply to customers purchasing Goods in the course of their professional business. Customers may only purchase Goods through Our Website if they are at least 18 years of age.
Goods and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, that images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a Good and the actual Good sold due to differences in computer displays and lighting conditions.
Please note that this does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to clause 10 of these Terms of Sale (Return Policy). if You receive incorrect Goods (i.e. Goods that are not as described).
Where appropriate, You may be required to select the required size and colour of the Goods that You are purchasing. We cannot guarantee that Goods will always be available. An offer is only valid while stocks last.
We reserve the right to attach particular conditions to a specific offer, such as a limited duration. The Customer can rest assured that these particular conditions are only applicable when explicitly communicated prior to the order placement.
It is not possible to make any amendments to Your order once it has been placed. In this case, if You do not want Your item, You will have to adhere to Our Return policy (clause 10).
We make all reasonable efforts to ensure that all prices shown on Our Website are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that You have already placed.
In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your Order, We will simply charge You the lower amount and continue processing Your Order. If the correct price is higher, We will give You the option to purchase the Goods at the correct price or to cancel Your Order (or the affected part of it). We will not proceed with processing Your Order in this case until You respond. If We do not receive a response from You within seven (7) days, We will treat Your Order as cancelled and notify You of this in writing.
In the event that the price of Goods You have ordered changes between Your Order being placed and Us processing that Order and taking payment, You will be charged the price shown on Our Website at the time of placing Your Order.
All prices on Our Website include VAT. If the VAT rate changes between Your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Unless otherwise set out in these Terms of Sale, delivery charges are not included in the price of Goods displayed on Our Website. For more information on delivery charges, please refer to https://www.toosfranken.com/shipping-return. Delivery options and related charges will be presented to You as part of the order process
Our Website will guide You through the ordering process. Before submitting Your Order, please ensure that You have filled it in accurately and checked it carefully.
If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your Order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your Order and treat the Contract as being at an end. If We incur any costs as a result of Your incorrect or incomplete information, We may pass those costs on to You.
No part of Our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Once the online ordering method is completed, We will accept Your offer by sending You a confirmation email. The confirmation email establishes a legally binding Contract between Us and You.
In the unlikely event that We do not accept or cannot fulfil Your offer for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within seven (7) days. This to the extent permitted by the applicable law.
Payment for Goods and related delivery charges must always be made in advance and You will be prompted to pay during the order process.
We accept the payment methods as indicated on Our Website:
We make use of the secured payment system of Mollie for the further processing of the payment. This closed security system processes Your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.
We deliver worldwide. All orders above 250€ are shipped for free.
All Orders are shipped via Standard Postal Service, using bpost. On their website You can track Your Order using Your tracking reference number which will be sent to You once Your Order is shipped.
All Orders take approximately 2-4 business days to dispatch. The purchased Goods will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process.
We don’t process or deliver Orders during weekends and national holidays. Every Order placed on Friday after 3pm GMT, Saturday, Sunday or Belgian national holiday will be processed on the following business day. We can’t be held responsible for any delay due to the weather, mistakes from the delivery service or due to customs delays.
If the goods are not delivered within thirty (30) business days after the Order was placed and accepted, the Customer requests Us to deliver the goods within an additional period that is appropriate in the circumstances. If We fail to deliver the goods within the additional term, the Customer has the right to terminate the agreement.
Toos Franken bears the risk for damage and/or loss of the Goods until the moment of delivery. Risk associated with the Goods shall pass from Toos Franken to the Customer on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk. Delivery shall be deemed complete and the responsibility for the Goods will pass to You once We have delivered the Goods to the address You have provided.
Every Customer has a legal warranty period of two (2) years. The Customer may rely on this legal warranty if the Goods delivered do not match the requested or ordered Good (non-conformity), in so far as the Customer could not establish this non-conformity upon receipt of the Good.
The legal warranty is not applicable in case of damage caused by normal wear and tear; accidental or intentional changes caused by the Customer to the Good, including improper and incorrect use; or other external causes.
All items are quality checked before dispatching from Our warehouse. The Customer or the third party designated by the Customer is required to examine the Goods accurately on their conformity as soon as he receives the Goods. If the Good is affected by a visible defect, and the receiver perceives this defect, he must submit a complaint.
If the Customer receives an item that has been damaged or is incorrect, the Customer has to email Us within 48 hours of receipt detailing the order number and a description of the damage or incorrect item(s) to email@example.com. After 48 hours, the item will fall within the 14-day return policy (referring to point 10 of these Terms of Sale).
Once We receive the return/exchange request We will agree an exchange or credit and provide instructions on how to return the item.
The Customer returns the Goods in the original condition, including their packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any failure to comply with this obligation will result in a proportional reduction in the repayment.
Assuming that Our return policy has been adhered to returned Goods and if the abovementioned conditions are met, the Customer is firstly entitled to a free repair or replacement of the ordered Goods, if the situation renders it possible. Please note that We will only replace the Good with the same item of the same size, depending on available inventory. If the Good cannot be repaired or the same Good is not available, the Customer will receive a refund within thirty (30) days.
Limitation of Liability
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
Unless it is excluded by mandatory law, We will only be liable for damaged caused by non-compliance with Our obligations, if and insofar this damage is caused by Our intentional and serious error by deceit. We are not liable for other errors.
Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a Customer. Furthermore, nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Our liability is limited to the purchase price (including delivery costs) of the Goods to which the liability claim relates.
You have 14 days from the receipt of Your order to exchange or return Your item(s). The period starts the day the Goods are received. We kindly ask customers exercising this right to return the goods unused, in the original packaging and with the tag attached, with all user information.
Please note that Our gift card is a non-returnable item.
The Distance Selling Regulations (as specified in the Belgian Code of Economic Law) state that You are allowed to examine the Goods as You would in a shop, for example you can take the garment out of its packaging and examine it, and You can try it on. However, We ask that You do not wear it for more than the time needed to try it on (5-10 minutes).
To exercise this right please contact Us. We need confirmation in writing, as well as Your name, address and order number. Please submit this via email to firstname.lastname@example.org.
To return Your Good, You should send Your Good to: Toos Franken, Grachtstraat 36 2470 Retie, or deliver it in our office together with Your email confirmation.
When replacing or returning a purchase, You cover the shipping costs. Please ensure that Goods are packed with sufficient outer packaging to ensure that no damage is caused in transit. You have responsibility of the Goods until We receive it.
Customer is not entitled to exercise his right of withdrawal when the supply of Goods was made to the Customer’s specifications, or are clearly personalised.
Assuming that Our Return Policy has been adhered to, returned Goods will be refunded within 14 days after:
The day on which We receive the Goods back; or
The day on which you inform Us (supplying evidence) that You have sent the Goods back (if this is earlier than the day We receive the Goods back); or
If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which You inform Us that You wish to cancel the Contract.
The refund will be carried out by means of the same payment method You used for the initial transaction, unless You expressly agree otherwise.
You will get Your refund as soon as We receive all of the Goods that are being returned by You or as soon as You can prove You sent Us the Goods. The refund will take place as soon as possible, to the extent of our possibilities.
Refunds may be reduced for any diminished value in the Goods resulting from Your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge You an appropriate sum if We find that the Goods have been handled excessively.
No additional fee will be charged for the refund.
If You have any questions or doubts about the Return Policy, please contact Us by email email@example.com and We will be happy to help.
Goods sent back without authorization may not be accepted for a refund or exchange.
Toos Franken retains all intellectual property and other related rights with regard to the Website. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Customer is not allowed to make use of any of Our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the Good.
All personal information that We may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (GDPR) and Your rights under the GDPR.
Neither Party to the Contract shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
The provisions of Clause 18 shall not apply with respect to industrial action where such action has been induced by the Party so incapacitated.
If and when the period of such incapacity exceeds 6 months then the Contract shall automatically terminate unless the Parties first agree otherwise in writing.
Complaints and Feedback
We always welcome feedback from Our Customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a Customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
In writing, addressed to Toos Franken, Grachtstraat 36 2470 Retie, Belgium
By email, addressed to firstname.lastname@example.org
Other important terms
Toos Franken may transfer (assign) its obligations and rights under these Terms of Sale (and under the Sales Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them. You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Sales Contract, as applicable) without Our express written permission.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
Toos Franken may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your order, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them. If You do opt to cancel, You must return any affected Goods You have already received and We will arrange for a full refund (including delivery charges) which will be paid within fourteen (14) days of Your cancellation.
Applicable law and court of competent jurisdiction