Article 1 – Identity
These are the general terms and conditions of STRØM BV.
Name entrepreneur: STRØM BV
Registered at Oudeleeuwenrui 7/11, bus 7, 2000 Antwerp, Belgium
Access: Monday to Friday from 9:00 am to 5:00 pm
E-mail address: info@strom-clothing.com
Phone number: 0032471465201
VAT number: BE 0682.817.048
Article 2 – Definitions
Supplementary agreement: an agreement whereby a consumer acquires products in connection with a distance contract and these products are supplied by STRØM BV or by a third party on the basis of an agreement between the third party and STRØM BV;
Cooling-off period: the period within which a consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Durable data carrier: every device – including e-mail – that enables a consumer or STRØM BV to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for a consumer to withdraw from the distance contract within the cooling-off period;
Distance contract: an agreement concluded between STRØM BV and a consumer within the framework of an organized system for distance selling of products, whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
Revocation Form: the withdrawal form included in Appendix I of these terms and conditions;
Technology for distance communication: means that can be used for concluding an agreement, without a consumer and STRØM BV having to be in the same room at the same time.
Article 3 – Applicability
These general terms and conditions apply to every offer made by STRØM BV and to every distance contract concluded between STRØM BV and a consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available electronically to the consumer 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 distance contract is concluded, STRØM BV will indicate how the general terms and conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Apparent mistakes or manifest errors in the supply of products do not bind STRØM BV.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set thereby.
If the consumer has accepted the offer electronically, STRØM BV will immediately confirm electronically the receipt of the acceptance of the offer.
STRØM BV will provide the consumer with the following information at the latest on delivery of the product:
the visiting address of the STRØM BV branch where the consumer can, for example, file complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the price including all taxes of the product, as far as applicable the costs of delivery and the method of payment, delivery or execution of the distance contract;
if the consumer has a right of withdrawal, the withdrawal form.
Article 6 – Right of withdrawal
The consumer can terminate an agreement regarding the purchase of a product during a cooling off period of 30 days without giving any reason. STRØM BV may ask the consumer about the reason for withdrawal, but the consumer is not obliged to state his reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. STRØM BV may, provided it has informed the consumer in a clear manner prior to the ordering process, refuse an order for several products with a different delivery time; or
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part.
Article 7 – Obligations of the consumer during the cooling-off period
During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
Article 8 – Exercising the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he will report this to STRØM BV within the cooling-off period by means of the withdrawal form or in an unambiguous manner.
As quickly as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (a representative of) STRØM BV. This is not necessary if STRØM BV has offered to collect the product itself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the instructions provided by STRØM BV.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer already bears the direct and indirect costs of returning the product.
Further required information about returning a product is stated on the website.
If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of STRØM BV in the event of withdrawal
If STRØM BV makes the notification of withdrawal by the consumer electronically possible, he will immediately send an acknowledgment of receipt after receipt of this notification.
STRØM BV will reimburse all payments from the consumer, exclusive of any delivery costs charged by STRØM BV for the returned product, without delay but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless STRØM BV offers to collect the product itself, it may wait to pay back until it has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
STRØM BV uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, STRØM BV does not have to repay the additional costs for the more expensive method.
Article 10 – The price
During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
The prices mentioned in the product offer include VAT.
Article 11 – Compliance agreement and additional warranty
STRØM BV guarantees that the products 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.
In any case, no claim can be made on what is made under paragraph 1 of this Article (i) in case of damage by intent or negligence, (ii) in the event of normal wear and tear and / or (iii) in the event of damage due to failure or incorrect observance of the operating instructions or instructions for use.
An additional guarantee provided by STRØM BV, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer can assert against STRØM BV under the agreement if STRØM BV has failed to fulfill its part of the agreement.
An additional guarantee is understood to mean any obligation of STRØM BV, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
Article 12 – Delivery and execution
STRØM BV will take the greatest possible care when receiving and implementing orders for products. STRØM BV will clearly state the cost price of the delivery of the goods during the sales procedure.
Delivery takes place while stocks last.
The ownership of delivered products passes to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer.
The place of delivery is the address that the consumer has made known to STRØM BV.
The consumer must provide the correct address and e-mail address to STRØM BV. Any changes to this must also be passed on to STRØM BV in a timely manner. If the consumer has given a wrong address for the delivery, the extra shipping costs will be charged to the consumer.
STRØM BV will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs.
After dissolution in accordance with the previous paragraph, STRØM BV will immediately repay the amount that the consumer has paid.
The risk of damage and / or loss of products rests with STRØM BV until the moment of delivery to the consumer or a pre-designated representative made known to STRØM BV, unless expressly agreed otherwise.
Article 13 – Payment
Unless otherwise stipulated in the agreement, the amounts owed by the consumer must be paid within 30 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 30 days after the conclusion of the agreement.
The consumer has the duty to immediately notify STRØM BV of inaccuracies in the payment details provided or stated.
Payment orders for giro and banking institutions are for the account and risk of the party who issues the order (or authorization).
If the consumer does not fulfill his payment obligation on time, after he has been informed by STRØM BV of the late payment and STRØM BV has granted the consumer a period of 30 days to fulfill his payment obligations, the legal interest owed on the amount owed and STRØM BV is entitled to charge extrajudicial collection costs.
Article 14 – Intellectual property
The website and all parts thereof, with the exception of certain hyperlinks to third parties, are the property of STRØM BV. All intellectual property rights relating to the website and all parts thereof are vested in STRØM BV, insofar as these rights do not rest with third parties.
Without prior written permission of STRØM BV, it is not permitted to publish, reproduce, store or transfer the website or its contents.
Article 15 – Force Majeure
STRØM BV and the consumer are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to their fault.
Article 16 – Complaints regulation
STRØM BV has a well-publicized complaints procedure and handles complaints accordingly.
Complaints must be submitted to STRØM BV as soon as possible after discovery of the defect.
STRØM BV will respond within 30 days.
Article 17 – Other
STRØM BV may transfer rights and obligations to a third party by notification.
If any provision is invalid, the remaining provisions remain in force.
Article 18 – Applicable law and jurisdiction
Contracts between STRØM BV and the consumer are governed exclusively by Belgian law.
All disputes will be submitted to the competent court in Antwerp, Belgium.