Terms and Conditions

Seller's Identity

WomMan clothes (ez)

Stationsweg 16Bus21

9340 Lede

België

E-mail:  [email protected]

Telefoonnummer: +32 495 81 40 75

 IBAN: BE73 0689 5282 4660

Article 1: General Provisions

The e-commerce website of WomMan clothes, a company with its registered office at Stationsweg 16Bus21, 9340 Lede, offers its customers the opportunity to purchase products from its online store.

These General Terms and Conditions (“Terms”) apply to every order placed by a visitor to this e-commerce website (“Customer”). By placing an order via the WomMan clothes online store, the Customer must explicitly accept these Terms, thereby agreeing to their applicability, excluding all other conditions. Any additional conditions set by the Customer are excluded, unless these are accepted in advance, in writing, and explicitly by WomMan clothes.

Article 2: Price

2.1 All listed prices are expressed in EURO, always including all taxes or charges that the Customer is required to pay.

2.2 If delivery, reservation, or administrative fees are charged, this will be specified separately.

2.3 The price listed only refers to the items as explicitly described. The accompanying photos are for decorative purposes and may contain elements that are not included in the price.

2.4 The listed prices remain unchanged for the duration of the offer, unless legal measures require price adjustments or if the manufacturer decides to implement interim price changes.

2.5 Despite the utmost care and effort to provide accurate information, it should be noted that errors in the form of printing or typographical mistakes may occur on the webshop. In the event of such unintentional errors, we accept no liability for the consequences. We reserve the right to correct such errors and will inform you of any price adjustments before processing your order.

2.6 Offers from WomMan clothes are non-binding unless otherwise stated in the offer itself. If the buyer accepts a non-binding offer, WomMan clothes reserves the right to revoke or adjust the offer within 3 working days after receiving the acceptance. Oral commitments are only binding once they are confirmed in writing and explicitly by WomMan clothes.

The offers from WomMan clothes do not automatically apply to subsequent orders. WomMan clothes cannot be held to an offer if it should have been clear to the buyer that the offer, or part of it, contained a clear mistake or typographical error.

Additional agreements, changes, and/or further contracts are only valid if agreed upon in writing.

Article 3: Offer

Despite the fact that the online catalog and e-commerce website are compiled with the utmost care, it is still possible that the offered information may be incomplete, contain material errors, or be outdated. Obvious mistakes or errors in the offer do not bind WomMan clothes. WomMan clothes is only responsible for the accuracy and completeness of the offered information to the extent of a best-effort obligation. WomMan clothes is under no circumstances liable for manifest material errors, typographical errors, or printing mistakes.

When the Customer has specific questions about, for example, sizes, color, availability, delivery time, or delivery method, we ask the Customer to contact our customer service in advance.

All images, photos, drawings, and other data related to weights, dimensions, colors, label images, etc., displayed on the WomMan clothes website are approximate and have an indicative character. Any deviations in this information cannot lead to compensation or cancellation of the agreement.

The offer is valid as long as stocks last and can be adjusted or withdrawn by WomMan clothes at any time. WomMan clothes cannot be held responsible for the unavailability of a product. If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

Article 4: Online Purchases

The ordering process begins when the Customer selects products from the webshop’s assortment by adding them to the shopping cart.

After the Customer has selected all the desired products, they can review the shopping cart to check the selected items and make adjustments if needed.

At checkout, the Customer must provide personal information, including billing and shipping details. This information will be treated with strict confidentiality and is subject to our privacy policy.

The Customer can choose a shipping method from the available options, and the associated costs will be clearly displayed.

The Customer will then be redirected to the payment page where various payment methods are offered. The available payment methods will be clearly listed, and the Customer can choose their preferred option.

After successful payment, the Customer will receive an order confirmation at the provided email address. This confirmation includes an overview of the order and the chosen payment method.

The contract between the Customer and the webshop is formed at the moment the Customer receives the order confirmation. This constitutes a binding agreement between both parties.

The Customer can choose from the following payment methods:

• Via bank card (Bancontact)

• Via credit card (Mastercard)

• Via PayPal

Additionally, we reserve the right to offer other payment methods at our discretion, which are available at that time and comply with the applicable laws and regulations.

All transactions are processed via a secure payment provider to ensure the privacy and security of customer data.

WomMan clothes is entitled to refuse an order due to a serious shortcoming by the Customer regarding orders in which the Customer is involved.

An agreement between WomMan clothes and a Customer is only formed after WomMan clothes has evaluated the order or request to assess its feasibility.

WomMan clothes reserves the right to refuse orders or requests for reasons that do not need to be specified, or to accept them only under the condition of cash on delivery or advance payment.

Unless explicitly stated otherwise, payments due from the Customer must be made within 14 days after the delivery of the product.

Article 5: Delivery and Execution of the Agreement

5.1 Delivery Country: Items ordered through this webshop will be delivered within Belgium. However, we reserve the right to extend our delivery area to other countries at any time.

5.2 Delivery Location: The place of delivery is the address that the Customer has provided to WomMan clothes.

5.3 Delivery Methods and Duration: Our standard delivery of goods is through BPost, and the estimated delivery time for BPost deliveries within Belgium is three working days. Any costs for BPost deliveries will be displayed at checkout.

We reserve the right to work with any other postal and package delivery company at our discretion. The delivery time and any costs for deliveries with other carriers will be clearly displayed at checkout.

5.4 Delivery Timeframe: All timeframes listed on our webshop are for indication purposes only. Therefore, no rights can be derived from the mentioned timeframes. The delivery of products will take place while stocks last. In accordance with the legal provisions regarding distance selling, WomMan clothes aims to process orders within 30 days. If this is not possible for any reason, such as when the ordered product is out of stock or no longer available, or if other delays occur, the Customer will be notified within 1 month of placing the order. In such cases, the customer has the right to cancel the order free of charge and without any formal notice.

5.5 Reporting Damage or Defects: Any visible damage and/or qualitative defect of an item or other shortcoming in delivery must be reported by the Customer no later than 7 days after receipt, in accordance with the applicable legal deadlines, via [email protected].

The notification should contain the following information:

• The specific nature of the damage or shortcoming

• The order details, including the order number and the date of receipt

• Clear photos illustrating the damage or defects (if applicable)

• The Customer’s request regarding the desired solution, such as replacement, refund, or repair.

Our Customer Service will investigate the report and contact the Customer to discuss the matter further and find an appropriate solution.

5.6 Transfer of Risk: The obligation to deliver by WomMan clothes is considered fulfilled once the products delivered by WomMan clothes have been offered to the customer. In the case of home delivery, the carrier’s report indicating refusal of acceptance will serve as full proof of the delivery offer. This means that once the carrier has offered the products, the risk related to the products passes to the customer, unless convincing evidence to the contrary is provided.

5.7 Force Majeure: WomMan clothes is not liable for shortcomings due to force majeure, which refers to unforeseen circumstances beyond its control. Examples of force majeure include supplier issues, internet failures, transport difficulties, strikes, and other unforeseen events. In the event of force majeure, WomMan clothes may suspend its obligations, terminate the agreement, or demand changes to make performance possible, without being liable for fines or compensation. If WomMan clothes has already partially fulfilled its obligations upon the occurrence of force majeure, it may invoice that part separately, unless that part has no independent value.

Article 6: Retention of Title

6.1 All sold and delivered goods from WomMan clothes remain the property of WomMan clothes until the Customer has fulfilled all claims of WomMan clothes under the agreement, as well as under any prior or later similar agreements. This also includes claims related to performed or yet-to-be-performed work under these or similar agreements. The retention of title also includes claims due to a failure to comply with such obligations, including fines, interest, and costs, as referred to in Article 3:92 of the Civil Code.

6.2 The goods subject to the retention of title by WomMan clothes may only be resold in the context of normal business operations. They may not be used as a means of payment.

6.3 The Customer is not authorized to pledge the goods under retention of title or encumber them in any other way.

6.4 The Customer hereby grants unconditional and irrevocable permission to WomMan clothes or a third party designated by WomMan clothes to enter any locations where its property is located, in any situation where WomMan clothes wishes to exercise its ownership rights, and to remove the goods from those locations.

6.5 If third parties seize the goods under retention of title, wish to establish rights on these goods, or make a claim on them, the Customer must immediately inform WomMan clothes, as reasonably expected.

6.6 The Customer agrees to insure the goods under retention of title and keep them insured against damage due to fire, explosion, water damage, and theft. The Customer will also, upon request, provide WomMan clothes with the insurance policy of this insurance for inspection.

Article 7: Right of Withdrawal

7.1 In cases of consumer sales under the applicable Distance Selling Act (Article 7:5 Civil Code), the customer retains the right to return (part of) the received goods within a period of 14 calendar days, without any need to provide reasons for the return. This period starts from the moment of delivery of the ordered goods.

If the customer does not return the received goods after the expiration of this period, the purchase is considered final. Prior to returning the goods, the customer must inform WomMan clothes in writing of their intention to return the goods within the same 14-day period after delivery. The customer must provide evidence that the returned goods were sent in time, for example, through a shipping receipt.

The customer is requested to return the items in their original condition and packaging, along with all accompanying accessories, documentation, and instructions for use.

All returned items will be carefully inspected. The starting point is that the customer may only inspect the item as they would in a physical store. Returned items may be tried on, but must not be used. If the goods have been used, damaged, or altered in any way by the customer, the right to cancellation under this clause will expire.

In accordance with the above provisions, WomMan clothes ensures that the full purchase amount for the returned goods, excluding shipping costs, will be refunded to the customer within 14 calendar days after receiving the return. This refund will be made using the same payment method the customer used for the original transaction. All costs and risks associated with the return shipment of the received goods are fully borne by the customer.

To exercise the right of withdrawal, the customer must notify WomMan clothes via an unequivocal statement, by email at [email protected], of their decision to withdraw from the agreement.

7.2 The customer may not exercise the right of withdrawal for:

  • Services that have begun, with the customer’s consent, before the 7-day period has expired.

  • Goods or services whose price is subject to fluctuations in the financial market, which the supplier cannot influence.

  • Goods that have been made according to the customer’s specifications, or that are clearly intended for a specific person, such as custom-made items, or that have a clear personal nature.

  • Goods or services that, due to their nature, cannot be returned, such as for hygiene reasons or limited shelf life.

  • Audio and video recordings and computer software that the consumer has unsealed.

  • The delivery of newspapers and magazines; services for betting and lotteries.

7.3 If the consumer purchases a product that is discounted (sales item), the consumer is not allowed to exercise the right of withdrawal. Discounted products cannot be returned after purchase.

Article 8: Warranty

8.1 WomMan clothes guarantees that the products delivered by them meet the requirements of usability, reliability, and durability as reasonably intended by the parties in the purchase agreement.

8.2 WomMan clothes is not responsible for the ultimate suitability of the goods for any individual application by the customer, nor for any advice regarding the use or application of the goods.

8.3 The customer is required to inspect the received goods immediately upon receipt. In the event that the delivered goods are incorrect, defective, or incomplete, the customer must report these shortcomings immediately in writing to WomMan clothes before considering returning the goods. Any deficiencies or incorrectly delivered goods must be reported in writing to WomMan clothes within a maximum period of 14 calendar days after the delivery date. After this period, the right to repair or replacement expires. If the customer chooses to return the goods, they must be returned in their original packaging, including accessories and accompanying documentation, and in new condition. The use of the goods after identifying deficiencies, damage occurring after discovering deficiencies, taxes, and/or resale after identifying deficiencies will result in the complete loss of the right to file a complaint and return the goods.

8.4 If the customer’s complaints are deemed valid by WomMan clothes, WomMan clothes has the option to either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation. In this case, it is emphasized that the liability of WomMan clothes and the amount of the compensation is always limited to the invoice amount of the respective goods, or (at WomMan clothes’ discretion) up to the maximum amount covered by WomMan clothes’ liability insurance in the specific case. Any other form of damages is excluded from WomMan clothes’ liability, including additional compensation in any form, reimbursement of indirect damages, consequential damages, or damages resulting from lost profits.

8.5 WomMan clothes accepts no liability for damages caused by intent, gross negligence, or other similar intentional recklessness.

8.6 This warranty does not apply if:

  • The customer fails to fulfill their obligations towards WomMan clothes.

  • The customer has carried out repairs on the delivered goods, modified them, or had them repaired or modified by third parties.

  • The delivered goods have been exposed to abnormal conditions, handled carelessly, or used in violation of WomMan clothes’ instructions and/or the user manual on the packaging.

  • The defects are wholly or partly the result of regulations established or to be established by the government regarding the nature or quality of the materials used.

  • Defects have occurred due to accidents, negligence, dropping, improper use of the item, failure to comply with the instructions or manual, modifications or changes to the item, rough use, insufficient maintenance, or any other abnormal or improper use.

8.7 To claim the warranty, the customer must provide proof of purchase. Customers are advised to retain the original packaging of the goods.

Article 9: Customer Service

The customer service of WomMan clothes can be reached via email at [email protected]. Any complaints can be addressed to this email.

Article 10: Sanctions for Non-Payment

Unless expressly agreed otherwise in writing, the invoice is payable immediately in cash. In the event of non-payment, whether in whole or in part, the provisions of Book XIX of the Belgian Economic Law Code shall apply. The seller will send the customer a free reminder to pay the outstanding amount within 14 calendar days. If the customer does not pay within this period, the outstanding amount will be increased by an annual interest rate calculated at the reference interest rate plus eight percentage points, as specified in Article 5, second paragraph, of the Law of August 2, 2002, on combating payment delays in commercial transactions. This interest will be calculated starting from the calendar day following the day the free reminder was sent to the customer.

Additionally, the customer will be charged a flat-rate fee as follows:

  1. €20 if the outstanding balance is less than or equal to €150.

  2. €30 plus 10% of the outstanding amount for the portion between €150.01 and €500 if the outstanding balance is between €150.01 and €500.

  3. €65 plus 5% of the outstanding amount for the portion above €500, with a maximum of €2000 if the outstanding balance exceeds €500.

Notwithstanding the above, WomMan clothes reserves the right to reclaim any unpaid (partially or fully) articles.

Artikel 11: Privacy

The data controller, WomMan clothes, respects the General Data Protection Regulation (GDPR) and the Belgian Privacy Act of July 30, 2018.

The personal data you provide will only be used for the following purposes:

• Execution of the concluded agreement: We process your personal data to facilitate the execution of the agreement, including processing your order, shipping products, and providing customer service.

• Sending newsletters: If you have explicitly given consent, we may use your personal data to send newsletters and other promotional information.

• Advertising and/or marketing purposes: We may use your personal data for marketing and advertising purposes, such as displaying relevant ads and offers based on your purchase history and interests.

The legal grounds for processing your personal data are:

• Execution of the agreement: Processing is necessary for the performance of the agreement between WomMan clothes and the Customer, specifically for processing the order and delivering products and services.

• Consent: If the Customer has given consent to receive newsletters or marketing communication, the processing is based on the voluntarily provided consent of the Customer.

• Compliance with legal and regulatory obligations: In some cases, the processing of personal data may be required to comply with legal obligations, such as tax laws or consumer protection.

• Legitimate interest of the business: Processing may be based on the legitimate interest of WomMan clothes, such as improving our services and providing a personalized shopping experience.

The Customer has the legal right to access and request correction, supplementation, or deletion of their personal data. In certain cases outlined in the GDPR, the Customer may also request the restriction of the processing of their personal data. The Customer can object to the processing of their personal data if they have serious and legitimate reasons that outweigh WomMan clothes’ need to process your data. By submitting a written, dated, and signed request to WomMan clothes at [email protected], you can request your personal data in a digital and readable format free of charge and/or request it to be transferred to other data controllers. If our processing is based on your prior consent, you have the right to withdraw that consent.

In the case of the use of data for direct marketing: You can freely object to the use of your data for direct marketing purposes and do not need to provide a reason for doing so.

To exercise your rights, please contact WomMan clothes at [email protected].

We treat your data as confidential information and will not disclose, rent, or sell it to third parties.

For more information, please refer to our Privacy Policy.

Article 12: Sweepstakes

In our Instagram and Facebook giveaways, where we give away cash prizes, there is an important rule regarding the validity of the won voucher. The voucher is valid for three months. For example, if you win a giveaway on January 1st, the voucher will expire on March 31st. From April 1st, it will no longer be usable.

When we announce the winner, we will personally contact them and provide the necessary information. If the winner has not made any purchases with the won voucher within one month of the announcement, we will reach out again. If there is no response or no purchases have been made after three months, the right to the won voucher will expire for the individual.

Article 13: Invalidity - Non-Waiver

If any provision of these Terms and Conditions is declared invalid, illegal, or void, it shall in no way affect the validity, legality, and enforceability of the other provisions.

The failure of WomMan clothes to enforce any of the rights listed in these Terms and Conditions or to exercise any right under them at any time shall never be considered a waiver of such provision and shall never affect the validity of these rights.

Article 14: Amendments to the Terms and Conditions

These Terms and Conditions are supplemented by other terms explicitly referenced, as well as the general sales terms of WomMan clothes. In case of any conflict, these Terms and Conditions shall prevail.

Article 15: Proof

The Customer agrees that electronic communications and backups may be used as evidence.

Article 16: Applicable Law – Disputes

6.1 Belgian law shall apply, excluding the provisions of international private law regarding applicable law.

16.2 The courts of the Consumer’s place of residence shall have jurisdiction in the event of legal disputes. The Consumer may also use the ODR platform (http://ec.europa.eu/consumers/odr/) to resolve disputes.

Article 17: Intellectual Property and Copyright

The entire content of the WomMan clothes webshop is the exclusive property of our company, including the design, layout, software, images, moving images, sounds, and text. All associated rights are managed by our company.

Customers may only download or copy this content for personal, non-commercial use.

The information on our website is provided on a non-binding basis and does not constitute a concrete offer to conclude an agreement. Agreements are only concluded once an order has been accepted by WomMan clothes.

Annex 1: Model Withdrawal Form

To:

WomMan clothes
Stationsweg 16bus21
9340 Lede
Belgium
Email: [email protected]

I/We () hereby inform you that I/we () withdraw from our contract concerning the sale of the following goods/provision of the following service (*):

Ordered on ()/Received on ():

Name(s) of consumer(s):

Address of consumer(s):

Date:

(*) Cross out what does not apply.

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