I – GENERAL PROVISIONS
The General Terms and Conditions of Sale detailed below apply to all orders placed with HEARTcraft (An Vandenberk) for all products and services offered on the Website (the “T&C’s”).
They can be accessed at any time on the website.
HEARTcraft (An Vandenberk) reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order.
Consequently, placing an order by a customer implies complete adherence, without reservation, to these terms and conditions.
II – WEBSITE’S INFORMATION AND ACCESS
Heartcraft.be is an e-commerce merchant owned and managed by An Vandenberk
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by HEARTcraft (An Vandenberk) or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognised by the Belgian courts. HEARTcraft (An Vandenberk) is not liable for any damage incurred by an unavailability of the Website.
HEARTcraft (An Vandenberk) does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, HEARTcraft (An Vandenberk) may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
HEARTcraft (An Vandenberk) reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III – SUBSCRIPTION TO THE WEBSITE
Subscription of the client shall be validated by HEARTcraft (An Vandenberk) after checking the standard form filled out by the client. A confirmation of the subscription is sent to the client by email.
By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, HEARTcraft (An Vandenberk) shall not be held liable in case of any inability to deliver the products ordered.
To insure a faster and easier connection or registration, client may use the “Facebook Connect” functionality, which enables to pre-fill automatically the form.
IV – PRODUCTS
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of HEARTcraft (An Vandenberk). HEARTcraft (An Vandenberk) cannot be liable in case of an order cancellation because of stock depletion.
HEARTcraft (An Vandenberk) takes the greatest care in the presentation and description of the products in order to provide the customer with the best possible information. However, some non-substantial errors may appear on the Website, which the customer acknowledges and agrees to.
It is possible that a client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the customer may either exercise his right of withdrawal, or implement the HEARTcraft guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
V – ORDER
Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by HEARTcraft (An Vandenberk), expressed by a succession of different stages that the client shall follow in order to validate their order.
Client may at any time change or remove the products added in its cart (the “Shopping Cart”). The Shopping Cart summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. Client may modify at any time its Shopping Cart before validating the order.
The price paid by the Client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the Client to the carrier.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the customer by HEARTcraft (An Vandenberk). For this purpose, the customer formally accepts the use of email for receiving confirmation of the contents of their order from the brand HEARTcraft.
VI – ORDER REFUSAL
HEARTcraft (An Vandenberk) reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of HEARTcraft (An Vandenberk) to satisfy the client expectations, HEARTcraft (An Vandenberk) may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
HEARTcraft (An Vandenberk) cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
VII – PRICES AND TERMS OF PAYMENT
Prices are mentioned in the Website in Euros, Pound Sterling for United-Kingdom, US Dollars for United States of America and Canada, Australian Dollars and Japanese Yen. Prices include V.A.T. but exclude any customs duties and other taxes.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
HEARTcraft (An Vandenberk) reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via PayPal, or via other secure platform: Visa, Mastercard, American Express, Apple Pay. The client expressly acknowledges that disclosure of their bank card number to HEARTcraft (An Vandenberk) gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by HEARTcraft (An Vandenberk) to the email address registered by the client.
Client may at its discretion save its payment card details for next purchase. Such information is kept and processed by the secure payment platforms. HEARTcraft (An Vandenberk) will never keep payment card details.
The data recorded and kept by HEARTcraft (An Vandenberk) constitutes proof of the order and all previous transactions. The data recorded by PayPal or other secure payment platforms constitute proof of the financial transactions.
VIII – DELIVERY
Deliveries are carried out by Bpost.
Delivery operates at the time of the transfer of the product’s physical possession to the Client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the Client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
The delivery is made to the delivery address indicated by the customer, being specified that it must be the address of the customer’s residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Customer must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the customer, products will be returned to HEARTcraft (An Vandenberk) which will contact the customer to organize another Delivery.
Orders are shipped within 7 business days at most for a Delivery in Belgium and 20 business days for a International Delivery, from the date after the confirmation of the Order. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection and during December, considering the significant increase of the orders volume.
HEARTcraft (An Vandenberk) cannot be liable for the late Delivery caused by a case of force majeure.
If the delivery time is exceeded and is not justified by a case of force majeure, the customer may request the cancellation of the sale and within a maximum period of 14 days will receive a refund of the Order. HEARTcraft (An Vandenberk) cannot be liable of any direct or indirect damage resulting from delay of delivery.
IX – REFUNDS AND RETURNS
The products shall be returned to HEARTcraft (An Vandenberk) within 14 days from the day of the Delivery. After 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels, brand new, without having used it or washed it.
Repayment of the customer is made subject to the receipt of the Products returned by HEARTcraft (An Vandenberk) and its excellent condition. Except as otherwise indicated by the customer, repayment will be made thought the same payment means used to pay the Order.
Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk.
The repayment of a order paid by gift card or a voucher will always be by voucher.
In all cases, the expenses of returning the product are borne by HEARTcraft (An Vandenberk) if the product delivered is damaged or different from the product ordered. If the customer does not adhere to these terms and conditions, including conditions of return or exchange, HEARTcraft (An Vandenberk) cannot proceed to refund the products in question.
X – GUARANTEES AND RESPONSIBILITY
HEARTcraft (An Vandenberk)’s liability related to the Products is limited to the sale price of each product. HEARTcraft (An Vandenberk) will not be responsible or liable for any following losses, whenever its cause:
– Loss of benefit or sales
– Loss or revenue
– Loss of profits or contract or opportunity
– Loss of expecting savings
– Loss of data
– Loss of business, management or administration time
– Damage to the image
– Lost chance and especially of sale or purchase of a product
– Psychological damage.
Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided by law.
HEARTcraft (An Vandenberk) makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect the customer agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Website is done at customer’s own risk and the customer will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
HEARTcraft (An Vandenberk) is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Website; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
According to legal regulations, HEARTcraft (An Vandenberk) guarantees the customers against compliance and latent defects, under the following conditions:
In case of visible defect of a Product, the customer shall send a demand to firstname.lastname@example.org within 3 days from the Delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible. The Product shall be returned, with its original packaging, with the original labels, brand new, without having used it or washed it, and which the Order reference and copy of such demand shall be sent by mail to the headquarter: HEARTcraft (An Vandenberk) – 246 Helmetsesteenweg – 1030 Schaarbeek.
Visible defect confirmed by HEARTcraft (An Vandenberk) shall give rise, depending of the demand’s content and the nature of the defect, to exchange or repayment or a voucher.
XI – PARTIAL INVIDITY
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
XII – APPLICABLE LAW AND JURISDICTION
These General T&Cs are governed by the laws of Belgium.
In the event of a dispute between the Client and HEARTcraft (An Vandenberk) concerning the interpretation, performance or termination of this T&C’s, HEARTcraft (An Vandenberk) strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably. HEARTcraft (An Vandenberk) hereby notifies Clients that there are alternative dispute settlement options such as mediation or arbitration.
If no amicable solution to the dispute is found, HEARTcraft (An Vandenberk) and the Client agree to refer the dispute to the Belgium courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
Clients might also contact the platform of amicable solution to the dispute of the European Commission available at http://ec.europa.eu/consumers/odr/.
It should be noted that confidentiality of data exchanges is not guaranteed over the Internet, and that every internet user is required to take all appropriate measures to protect their own data and/or software from contamination of any possible viruses circulating on the Internet.
XIII. PERSONAL DATA AND COOKIES