General Terms and Conditions of Gympflags.be
Welcome to our website www.gympflags.be. This website and the e-commerce site webshop.gympflags.be are managed and owned by:
Gympflags bvba, with head office at:
Leiestraat 29 – 8500 Kortrijk – Belgium
Company number BE 0873.284.466 - telephone number 0032 56 65 06 82 and e-mail: firstname.lastname@example.org
(hereinafter referred to as “Gympflags”)
Customer: any Internet user who enters into a commercial relationship with Gympflags by purchasing a product via the website Gympflags.be and who is authorised to make a purchase.
Order: any order that is placed by the customer in accordance with the conditions described in Article 6.
Product: any article that is offered for sale on the Gympflags website over the Internet.
3. Scope of application
These General Terms and Conditions apply to all customers of Gympflags and specifically to the products and sales on this website.
The underlying General Terms and Conditions merely set out the framework for commercial relationships that may arise between the customer and Gympflags. They take precedence over any other general or specific terms and conditions, unless expressly permitted beforehand, in writing.
The customer agrees to these General Terms and Conditions by ticking the box: I accept terms and conditions.
The customer has the option of saving or printing out these terms and conditions.
5. Price and Product information
The colours and descriptions of the products (colour, size, type of product etc.) are represented as accurately as possible, together with a digital photo. Nonetheless the photos on the website have no contractual value whatsoever and Gympflags cannot guarantee that the customer’s screen shows all the features of the actual product.
All prices are in Euro or as indicated on the Site, inclusive of VAT and administrative costs, but exclusive of shipping costs below a certain minimum purchase amount, as indicated in Article 8.
Gympflags reserves the right to revise selling prices and shipping costs.
The price quoted in the e-mail confirming the order reflects the price applicable at the time of purchase, insofar as the products are available.
Gympflags only sells to individuals who are making a purchase for their own use.
Any person wishing to order a product must be aged 18 years or over and legally competent, otherwise he/she must be represented by his/her parents or legal representative, who shall also be bound by our General Terms and Conditions.
The products as defined in Article 5 are offered for sale on Gympflags website. Irrespective of any written proof that the customer may have, it is explicitly agreed than only the details registered in Gympflags IT system or that of its hosting partner or its online payment partner constitute proof of the communication, the content of the customer’s order and all the transactions that have taken place between both parties.
The order is deemed to have been placed once the last button in the order process has been pressed and once the payment process has been approved. In the unlikely event that a product is out of stock, the customer will be immediately informed and offered an alternative solution, such as a refund or delivery at a later date.
In any event, after making a purchase the customer will receive confirmation of his or her order by e-mail and a second e-mail following confirmation of his or her payment and, finally, paper confirmation with the delivery, in accordance with Article 9.
All contractual information concerning the order will be notified to the customer in the language selected by the customer (Dutch, French or English).
Once the order has been placed, the customer will be forwarded to a secure payment page and requested to make payment.
Purchases may only be paid for online by Visa or MasterCard, Bancontact and iDEAL, or as otherwise indicated on the payment page.
Payments are processed by INGENICO, a market leader in the field of secure online payments. The confidential payment details, such as card numbers, expiry date and security codes, are accessible only to the company INGENICO.
The customer’s bank account will be debited once the purchase has been confirmed and payment will not become effective until the customer’s bank approves the transaction. In the event that payment is refused, the order will be automatically rejected.
The products remain property of Gympflags until they have been paid for in full by the customer.
In the event of a refund, the same card or bank account will be credited. Gympflags is not liable for exchange rate differences between the currency used for the initial payment and the currency used at the time of the refund.
8. Shipping and delivery
Gympflags aims to dispatch all orders within 1 to 2 working days of receipt of payment. Orders are delivered to the address you have provided within 1 - 5 working days. Orders can only be delivered to the following countries:
Shipping Rates EUR
Free delivery on from ( EUR)
Gympflags reserves the right to split orders into one or more deliveries, depending on the availability of the product.
Deliveries are accompanied by an invoice or delivery note, setting out the details of the goods delivered.
Goods will be delivered by the delivery company GLS.
GLS will send a delivery notification by email and will offer your parcel on any working day for acceptance by the addressee or any other person present at the address submitted to us.The GLS driver will ask you to sign for receipt on their hand-held scanner.Should you be absent, GLS will ask one of your neighbours whether they are able to accept your parcel for you. If none of your neighbours can accept the parcel on your behalf, GLS will take it back to the depot. If your parcel cannot be delivered at the address you submitted to us, GLS’s driver will leave a card with info about the GLS depot where it was returned or the name of the person who accepted it for you. On the card, you will also find a Track ID which you can use to check your parcel’s location online.GLS will try to deliver your parcel a second time if nobody was at home the first time round and none of your neighbours could accept it on your behalf. As a rule, GLS delivers parcels in the Benelux within 24 hours on business days from Monday to Friday. However, please note that these delivery terms are not fixed or guaranteed, as unexpected traffic delays may occur.
In the event that the shipment is lost by the delivery company, Gympflags will dispatch a new order, if available, free of charge, failing this, it will refund the full amount including shipping costs.
The risk of loss and/or damage passes to the customer upon delivery.
The customer has the right to request a return/exchange without giving a reason, within 14 calendar days of the day following the date of receipt of the product by the customer. Requests made after this period will no longer be accepted.
If the customer has received the product, the customer may exercise his/her right to cancel via the website, by going to the “my account” section and clicking on “return form” and returning this form by e-mail, ensuring that all sections have been completed.
The right to cancel with respect to delivered products is valid only to the extent that the product is actually returned within 14 calendar days of the day after the date on which Gympflags received the return form.
Gympflags will accept returns provided the following conditions have been met:
- The original packaging and labels have been retained.
- The items are unworn, unwashed, undamaged and stain-free.
- The items are accompanied by the fully completed return form.
- Please ensure you put your products in a sturdy box so everything arrives at our end undamaged.
This applies to all products that cannot be refunded or exchanged, excluding gift cards and vouchers.
Gympflags reserves the right to refuse a refund if the above requirements have not been met.
As soon as the period of 14 calendar days has elapsed, Gympflags will no longer be able to accept the return.
As soon as we receive your return form, Gympflags will send you an email with an address label for you to stick on the return box. Then drop off your parcel together with the completed delivery slip at a GLS ParcelShop within 14 calendar days (counting from the day on which you sent off the return form). Find a ParcelShop.
The €4.95 shipping costs will be deducted from your refund, unless a product error or broken article is the reason why you are returning your product.
Returned products will be refunded within 14 calendar days of receipt of the return by Gympflags and provided that all the conditions described above have been met.
Refunds will be made to the same payment method used by the customer when making the purchase:
- in the form of a credit to the customer’s credit card
- by transfer to the bank account number explicitly indicated by the customer on the return form
The amount refunded will never exceed the amount actually paid by the customer, less any amounts due or vouchers & gift cards or discounts used in payment for the order.
If a voucher or gift card was used, this will be returned to the customer.
10. Non-conformity and statutory guarantee
If, despite Gympflags best efforts to avoid this, the product delivered does not correspond to the delivery note, the customer may return the product within 14 calendar days of receipt, having due regard for the conditions set out in Article 9.
If all the conditions of Article 9 have been met, the customer may choose to receive a refund or an equivalent article, if available.
Gympflags guarantees that the products offered meet normal expectations, having due regard for the product specifications, and that they do not exhibit any visible or invisible defects which preclude or make dangerous the normal use of the product.
If a product is faulty, the customer must notify Gympflags within two months of receipt via the “Get in touch” area. Complaints will no longer be accepted after this period.
Paragraphs 9 and 10 do not, however, in any manner limit the statutory guarantee from which the customer benefits under Belgian law.
11. Gift cards or value vouchers
These Giftcards can be bought on the Gympflags webshop under the category “Gift cards”.
After payment the Giftcards will be automatically send to the addressee by e-mail.
Gympflags cannot be held responsible for incorrect e-mail addresses. Upon the buyer’s request the Giftcard can be resend by e-mail. The giftcards contain an amount and a code that can be spent on all the products sold on https://webshop.Gympflags.be.
If the value of the card exceeds the amount of the purchase, the same code can be used for the future. If the value of the card is less than the amount of the purchase, a new method of payment should be selected to meet the remaining amount. Gift Cards are valid indefinitely, they cannot be redeemed or exchanged for cash. In the event of a return that was purchased with a gift card the amount will be re-credited to the gift card after receipt and verification of the returned goods. Gympflags is not responsible for Gift Cards that are lost, stolen, destroyed or used without permission.
12. Intellectual property
All content including texts, database, layout and graphic design published on the website, as well as catalogues, photos, videos and images are the exclusive property of Gympflags and protected worldwide by copyright and trademarks and all other forms of intellectual property.
Therefore, the reproduction, copying or distribution of any content of this website in any form whatsoever is not permitted without Gympflags prior, written permission. Any infringements are punishable by law.
Gympflags cannot be held liable for any errors in the photos or texts on the website Gympflags.com.
Gympflags accepts no liability for damage arising from improper use of its products.
Gympflags cannot be held liable for its inability to deliver the order if stocks run out or in the event of force majeure, disruptions to or strikes affecting the transport network or communication services, fire or flood.
Whenever Gympflags is held liable, Gympflags liability shall be limited to the amount actually paid by the customer for an order.
14. Applicable law
In the event of disputes between the parties, the courts of Kortrijk shall have sole jurisdiction and Belgian law shall apply.
If any provision of these General Terms and Conditions is declared null and void or ineffective, this shall not detract from the validity of the remaining provisions, nor from the agreement between the two parties.
15. Contact and questions
Gympflags keeps an electronic copy of your order and invoice for the period required by law. All these documents can be found in the “My Account” section and printed out or saved.
Customers may contact Gympflags if they have any questions or require any information.
- By e-mail via the “Contact us” area or email@example.com
- By phone on 0032 56 65 06 82 on Monday until Tuesday : 9.00 a.m. to 12.00 noon and 1.00 p.m. to 4.00 p.m. and on Friday : 9.00 a.m. to 1.00 p. m.
Gympflags will endeavour to respond swiftly.