1. INTRODUCTION
This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of items through this website (hereinafter, the “Terms”). Please read through these Terms, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website.
By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
By purchasing any product from this website, you enter into a contract with us on these terms.
2. OUR DETAILS
Sale of Bjäste items through this website is carried out by FRONT GROUP BVBA, a Belgian company registered at Rijksweg 449, 3630 Maasmechelen, Belgium, with VAT No. BE 0692860013, will be referred hereinafter as “us”/”we”/”our”/”Bjäste”. You may contact our customer service department by calling our number +33 (0)6 52 08 11 28, or by taking part in a live Whatsapp chat available 24/7 via our website.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.
4. USE OF OUR WEBSITE
By using this website and/or by placing any order through it, you undertake:
4.a. To use the website exclusively to make legitimate enquiries or orders.
4.b. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
4.c. To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies).
If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
5. SERVICE AVAILABILITY
Items offered over this website are only available for delivery to the European Union. If you wish to order items from another country outside of EU member states via this website, you are of course welcome to do so, however the ordered items will not benefit the offered free delivery options.
6. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale, but rather an invitation to treat. No contract in respect of any items will exist between us and you until your order has been expressly accepted by us, whether or not funds have been deducted from your account. If we do not accept your offer and funds have already been deducted, these will be fully refunded. To place an order, you must follow the online shopping process and click on “Authorise payment” to submit the order. After this, you will receive an email from us confirming receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more items from us. All orders are subject to acceptance by us, and we will confirm this acceptance to you by sending you an email that confirms that the item is being sent (the “Shipping Confirmation”). The contract for the purchase of an item between us (the “Contract”) will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch wehave confirmed in the Shipping Confirmation. We will not be obliged to supply any other items which may have been part of your order, until the dispatch of those items has been confirmed in a separate Shipping Confirmation.
7. AVAILABILITY OF ITEMS
All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse or supply a credit note any monies that you may have paid.
8. REFUSAL OF ORDER
We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
9. DELIVERY
Subject to availability (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation. If we fail to deliver the items within 30 days ofthe date of the Order Confirmation, you may cancel the Contract and we will reimburse you the price paid for the items and any delivery costs paid.
If our supply of the items is delayed by an event outside our control, then we will contact you as soon aspossible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have paid for but not received. With regard to the virtual gift card, we will send it on the date indicated by you when you place your order.
Please note however that we do not deliver on Saturdays or Sundays, except in the case of the virtual gift card which will be delivered on the date indicated by you.
For the purpose of these Terms, “delivery” or “delivered” shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address. The virtual gift card shall be deemed to be delivered in accordance with the Terms and Conditions of the Gift Card, and in all cases on the delivery date of the virtual card to the e-mail address indicated by you.
10. UNABLE TO DELIVER
If we are unable to deliver, your items will be returned to our depot. We will leave a note explaining where your parcel is and how you can rearrange delivery. If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we will assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you as a credit note, except delivery charges (and any additional costs resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated. This clause shall not apply to the virtualgift card, for which the delivery is governed by the Terms and Conditions of the Gift Card and clause 9 above.
11. PRE-ORDER ITEMS
We may make it possible to order items through our website before we have them in stock (“Pre-Order Items”). When you order Pre-Order Items:
11.(a) they will typically be delivered within thirty (30) days of the date of your Order Confirmation; any longer delivery times will be shown on the website at the time you place your order;
11.(b) we will e-mail you a Shipping Confirmation when we have sent the Pre-Order Items out to you;
11.(c) they may be delivered in separate packages, and at different times, to any other items which you order; and
11.(d) you may cancel your order in the same way as any other order, see Clause 16 below for full details.
12. RISK AND TITLE
The Items will be at your risk from the time of delivery. Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in Clause 9), whichever is the later.
13. PRICE AND PAYMENT
The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect price.
The prices on this website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Buying Guide. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Therefore, except as provided above, price adjustments on previous orders are not permitted.
Once you have finished shopping, all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order. There is a detailed description of the purchase process in the Buying Guide. Also, if you are a registered user, a record of all the orders placed by you is available in the “My Account” area.
Payment can be made by Visa, Mastercard, American Express, and Apple Pay. You can also pay all or part of the price of your order with a our gift card or credit voucher card/ credit note.
To minimise the possibility of unauthorised access, your credit card details will be encrypted. By clicking “Authorise payment” you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or the credit voucher card/credit note. Credit cards are subject to validation checks and authorisation by your card issuer, but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.
Please note that Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, the Netherlands, will collect and make refunds on behalf of Bjäste in relation to all payments made through this online platform.
14. BUYING ITEMS AS A GUEST
The functionality of buying items as a guest is also available on this website. For this type of purchase, we will only request from you the essential data that is required to process your order. Upon completion of the purchase process, you will be offeredthe possibility of registering as a user or continuing as a nonregistered user.
15. VALUE ADDED TAX
All purchases done through this website are subject to the statutory Value Added Tax (VAT). In this regard, and pursuant to Chapter I of Title V of the Council Directive 2006/112/EC of 28 November 2006, the place of supply will be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where the items are to besupplied in accordance with the order placed. The prices displayed on this website include VAT.
16. RETURNS POLICY
You may cancel your order for any reason up to 7 days from the date on which you receive the Shipping Confirmation, by notifying us of your decision to cancel using the following contact details: through the live Whatsapp chat available 24/7 on our website, or by calling our number +33 (0)6 52 08 11 28. To meet the cancellation deadline, you must then deliver the items to us so that we receive them within 7 days of the date of the Shipping Confirmation.
If you have been charged for any items, we will process a refund, which will exclude the cost of delivery to the original delivery address (we will not also refund any supplementary delivery costs if you chose an enhanced type of delivery rather than our least expensive type of standard delivery). Please refer to our Returns and Exchanges Policy in our Buying Guide for further information.
If we accept your returns later than 7 days from the date on which you received the Shipping Confirmation (we may, but we are not required to), we will refund you by way of voucher (credit note). Please note that this does not apply to items which were defective when purchased from us, for which you will be refunded via your original payment method.
Return of gift cards is governed by the Terms and Conditions of the Gift Card.
You do not have the right to cancel the Contract when it is for the delivery of any of the following three categories of “Excluded items”:
Excluded Items
1. Items that have been made to your specifications or clearly personalised.
2. Sealed audio recordings, sealed video recordings or sealed computer software, once they are unsealed/unwrapped after you have received them
3. Sealed items that are not suitable for return for health protection and hygiene reasons (eg underwear, swimwear, earrings, hosiery, socks, beanies, hats and fragrances), and that have been unsealed after delivery, or if the hygiene label is no longer in place.
When you receive the items, you may handle them to establish their nature, characteristics and functioning. Items should not have been damaged, soiled, washed, altered or worn and any labels or tags must be intact. If your handling goes beyond what is acceptable and the items are damaged or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the items.
Please return the items using or including all their original packaging, instructions,and other documents, if any, accompanying the items.
Return Methods
Returns can be made via postal system. However you are responsible for the return costs. We suggest you use an established courier in such instances,and select a recorded or guaranteed delivery service where available. Please bear in mind that if you wish to return the items to us freight collect/cash on delivery, we may charge you any costs incurred in such return. You must send the item in the same package that you received it, and follow the directions on the “Returns” section of this website.
After examining the items, we will inform you of whether you have the right to reimbursement of the amounts paid.
Only after the return of item, the refund will be paid or made via credit note as soon as possible.
Exchanges – for a change of size
If you decide that a Bjäste item that you have purchased is in the wrong size for you, then you may be able to request a change in its size, however you must pay the return and the new delivery service fees. The new item will be send only after that you return the original item us.
Returns of defective items
If the item that you have received is defective, please notify us upon receiving the item by using the live Whatsapp chat available 24/7 via our website or use your tickets area. Please provide proof of purchase, for example a copy of the E-ticket attached to the Shipping Confirmation. We will examine the item and if we deem it to be defective, we will provide a full refund including delivery charges, and the refund will be paid using the same means of payment that you originally used to pay for your purchase. These provisions do not limit any applicable statutory rights.
17. LIABILITY AND DISCLAIMERS
Nothing in these Terms shall exclude or limit in any way our liability :
1. For death or personal injury caused by our negligence;
2. Forfraud or fraudulent misrepresentation; or
3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
We have a legal duty to supply items to you that are in conformity with the Contract, however, without affecting that duty and to the fullest extent permitted by law, all item descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising. Where you are contracting as a consumer, in line with our obligations at law, we will be responsible for delivering items to you that :
(i) comply with the description given by us and possess the qualities that we have presented in this website,
(ii) are fit for the purposes for which items of their kind are normally used and
(iii) show the quality and performance which are normal in items of thesame type and can which can reasonably be expected.
We warrant to you that any item purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which items of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the items available on this website. Items (including handicraft items) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed item. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these naturalcharacteristics should be expected and appreciated. We select only items of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the item. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
18. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shallremain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
19. VIRUSES, HACKERING AND OTHER CYBERCRIMES
You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately. We will use reasonable care and skill to ensure that this website and App are safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.
20. LINKS FROM OUR WEBSITE
We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
21. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that allcontracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
22. NOTICES
All notices given by you to us should be given to us by post to Bjäste. Subject to and as otherwise specified in Clause 21, we may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent. However, you may transfer our guarantee in respect of defective products, which is stated at clause 15, to a person who has acquired the item. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item, for example by providing proof of purchase or producing a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the item in question. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
24. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following :
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.
25. WAIVER
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
26. SEVERABILITY
If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
27. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies andTerms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
28. LAW AND JURISDICTION
The use of our website and the Contracts for the purchase of items through such website will be governed by Belgian law. Any dispute arising from, or related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Belgian courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.
29. FEEDBACK
We welcome your comments and feedback. Please send all feedback and comments to us via our live Whatsapp chat available 24/7 or use Contact Form via our website.
If you as a buyer consider your rights have been breached, you can address your complaints to us in same methods.
If you purchased from us through our website, you may be entitled to seek to settle the consumer dispute with us out-of court, through the EU platform for online dispute resolution which is available at http://ec.europa.eu/consumers/odr/.
