Terms & Conditions
i. ‘Sales Terms’ means these Sales Terms applicable to the relationship between You and Us when purchasing Products;
ii. “Contract”: any agreement whereby We undertake to supply the Products to You subject to compliance with the Conditions of Sale;
Consumer”: a consumer in the sense of article I.1,2° WER, being a natural person who acts for purposes which are outside his trade, business, craft or profession;
Professional Customer’: any natural or legal person who concludes an Agreement with Us and who acts for purposes that fall within his business or professional activity;
Product’ means any goods offered for sale on Our Website;
‘We/We/Our’: the company as mentioned in article two of these Terms of Sale.
You/Your”: a consumer in the sense of Article I.1,2° WER, being a natural person; who acts for purposes that are outside his/her trade, business, craft or profession and who acts in the capacity of Customer;
viii. Party/Parties”: You and/or We;
2 Our identification
Who we are:
Les Vilains BV
Ikaros Avenue 1
VAT BE 0779.979.968
Email address: email@example.com
3.1. These Sales Terms apply to all purchases of Our Products. By placing an order, You expressly accept and agree to be bound by these Sales Terms. These Conditions of Sale do not affect any legal rights conferred on You by mandatory Belgian legislation on consumer protection.
3.2. We reserve the right to amend these Terms of Sale from time to time. However, the version of these Terms of Sale in effect at the time of the order will continue to apply between You and Us with respect to the Contract.
4 Offer and acceptance
4.1. We make all reasonable efforts to ensure that information about the characteristics of the Products and illustrations of the Products is as accurate as possible, to the best of our technical ability. Certain non-substantial characteristics of a Product may differ on delivery from the photographs and descriptions displayed on the Site. However, this cannot constitute a ground for claiming non-conformity of delivery.
4.2. We cannot guarantee that all Products will always be available. Our offer is only valid while stocks last. If you order a Product on the Website that is out of stock, We will inform you as soon as possible by e-mail and you have the right to cancel your order. We are not liable for the temporary or non-availability of a Product on Our Website and/or for any damage resulting from the non-availability of a certain Product. We may apply specific conditions to a particular offer, such as a limited validity period. Such specific conditions are only applicable if expressly communicated prior to the order.
4.3. We are not bound by an offer if this offer is clearly affected by a mistake or error. Obvious or obvious errors in the quotation, such as obvious inaccuracies, can, insofar as permitted, also be corrected after the conclusion of the Agreement. We cannot be held liable for any (printing) errors in Our prices or conditions.
4.4. Your acceptance of Our offer is made by placing the order on Our Website. This purchase is binding. We will automatically send a confirmation of the order to the e-mail address You have provided.
4.5. It is Your responsibility to ensure that the details You provide to Us are correct. If there are any errors, please notify Us as soon as possible or, if possible, correct the errors yourself.
4.6. We reserve the right to refuse an order due to a serious fault on your part.
4.7. In accordance with the Code of Economic Law, the Parties expressly acknowledge that electronic forms of communication establish a valid Agreement. We may use any electronic files at our disposal, within the limits of the law, to prove the existence of the Agreement. An ordinary, digital or electronically qualified signature is not an essential requirement of proof.
4.8. The Contract will only come into effect once We send You confirmation of Your order to the email address You have provided. This confirmation will contain information about the Products ordered by You.
5 Our prices
5.1. The prices of Our Products are indicated on the Site and are fixed at the time of the order. The indication of the price only relates to the Products as verbally described. Any accompanying photographs are decorative and may contain elements not included in the price. All stated prices are in EURO and include VAT and any other taxes or duties. Any other charges will be stated separately.
5.2. We have the right to change prices at any time, but We undertake to charge You the rates shown on the Website at the time of Your order. If the price change is due to changes in VAT rates, this will be charged to You.
6.1. Each payment is in principle immediately and fully handled from the moment you place the order. For the payment of our products we accept Bancontact, Creditcard, Klarna Betaal Nu, KBC /CBC Payment, Belfius Direct net.
6.2. We may expand payment options in the future. We take all reasonable measures to ensure the security of your online transactions. We ensure this security by engaging specialized parties such as recognized credit card issuers and payment partners.
6.3. For the processing of payments we use the external payment platform of Mollie. Appropriate security measures are provided. These payments are subject to the Terms of Sale of Mollie, who bears sole responsibility for the correct execution of online payments.
6.4. We will defer Our delivery obligations until receipt of full payment of all sums due from You. We retain ownership of all Products ordered until full payment of all amounts due under the Contract has been received, whether or not delivery has already taken place.
7.1. We process every order as quickly as possible. We make every reasonable effort to deliver your order within 10 working days of confirming via email communication that your order is on its way.
7.2. It is Your responsibility to facilitate delivery at the agreed place in Your presence or in the presence of a third party appointed by You. Delivery shall be deemed to have taken place once the Products ordered have been presented to You. If an offered delivery is unsuccessful due to a failure on Your part or due to a failure on the part of a third party appointed by You, You will bear the entire cost of any further attempts at delivery.
7.3. We use reliable external parties for delivery, in particular Bpost. The use of external parties may affect delivery. Following a non-delivered order, an investigation is immediately started with the carrier. This will take several days, during which time no refund or re-dispatch will be possible.
7.4. If We fail to deliver the Products at the agreed time or within 30 calendar days, You will request delivery within an additional period of time appropriate to the circumstances. If We fail to deliver within the additional period You have the right to terminate the Contract. In such case of termination, We will promptly reimburse all amounts paid within fourteen (14) calendar days of termination. Exceeding the delivery period will not give rise to any other (compensation).
7.5. Until payment has been made in full, the Products delivered shall remain Our exclusive property. However, the risk of loss or damage passes to You once You (or a third party designated by You) have taken physical possession of the Products. Please note that although You retain ownership of the Product following payment in full, You do not retain ownership of Our intellectual property rights (as referred to in clause 14 (Intellectual Property). Such intellectual property rights will at all times remain vested in Us or Our licensors.
7.6. You undertake, if necessary, to inform third parties of Our retention of title as set forth above, e.g., to any third party who may come to seize items that have not yet been paid for in full. In this connection, You undertake to notify Us immediately in writing of any attachment levied by a third party on the Products delivered.
8 Non-fungible token (NFT)
8.1. With the purchase of some of Our Products, You will also receive an associated non-fungible token, which forms an integral part of the Product You have purchased.
8.2. As long as You hold the NFT provided by Us, You will enjoy a number of exclusive benefits as indicated in Your account on Our website. These benefits are limited in time, subject to change and in no way constitute an acquired right.
8.3. Once You have linked the NFT to Your personal crypto wallet, You can no longer invoke the right of withdrawal, as provided for in clause 9.10 below.
8.4. The NFT can be resold, but is subject to the conditions specified in the accompanying smart contract. If you resell the NFT, you no longer benefit from the lifetime warranty on Our Products (referred to in clause 10.6.).
9 Right of withdrawal
9.1. On the basis of the right of withdrawal, You may withdraw from the purchase within fourteen (14) days from the day following the delivery of the Product. You are not obliged to pay any compensation or provide a reason. We would like to hear your feedback so that we can improve our service.
9.2. If You have ordered multiple Products to be delivered separately, the withdrawal period will begin when You, or a third party other than the carrier and indicated by You, take physical possession of the last Product delivered.
9.3. If the Agreement is concluded for a regular delivery of Products during a defined period of time, the withdrawal period will begin as soon as You, or a third person other than the carrier and indicated by You, take physical possession of the first Product.
9.4. If You wish to exercise the right of withdrawal, You shall inform Us thereof before the expiry of the withdrawal period. For this purpose You may use the withdrawal form available here www.lesvilains.be/contact or You may send Us an unequivocal statement indicating Your wish to withdraw from the Agreement. This notice must be sent within fourteen (14) calendar days from the day following the day of (physical) receipt of the Products and can be sent to firstname.lastname@example.org.
9.5. As soon as You have notified Us of Your right of withdrawal, You must return the Products to Us in their original packaging within fourteen (14) calendar days from the day on which You gave notice to Us.
9.6. If You exercise Your right of withdrawal in accordance with these Sales Terms and the statutory provisions, We may withhold reimbursement until We have received the Products back or You have supplied evidence of having returned the Products, whichever is the earliest.
9.7. We will refund all payments received from You, including delivery charges, unless You have expressly chosen a method of delivery other than the cheapest standard delivery We offer.
9.8. We will reimburse You by the same means of payment used for the original transaction, unless You have expressly agreed otherwise. In any event, no fees will be charged for the refund.
9.9. If you exercise your right of withdrawal, you will bear the cost of returning the Products. Even if the Products, by their nature, cannot be returned by ordinary post, You will bear the cost of returning the Products. You will take all reasonable steps to ensure that the Products reach Us in good condition. You have fourteen (14) days from the date of notification to return the Products.
9.10. You have no right of withdrawal in the following cases:
o The delivery of goods made to the Consumer’s specifications or which are clearly intended for a specific person (Article VI.53.3° Code of Economic Law);
o The supply of digital content not supplied on a tangible medium, if the performance has begun with the Consumer’s prior express consent and provided that the Consumer has acknowledged that he thereby loses his right of withdrawal (Article VI.53.13° Code of Economic Law).
9.11. The Consumer shall be liable for any diminution in the value of the Products resulting from handling the Products beyond what is necessary to establish the nature, characteristics and operation of the Products. We are entitled to charge the cost of depreciation in proportion to the refund.
10.1. You have a legal guarantee of two years. You may exercise this right if the Product purchased does not correspond to the good requested. However, you may not invoke the legal warranty for changes of delivery date or place or for defects of which you were aware at the time of the sale.
10.2. The legal warranty may be invoked if the non-conformity of the Product delivered is established within 2 years from delivery of the Product. The legal warranty commences upon delivery of the Product to You.
10.3. If you wish to make use of your warranty, you must notify Us as soon as possible, and at the latest within two months of the discovery of the defect. This can be done via email@example.com. We request you to provide us with all necessary information (if necessary, pictures can be used).
10.4. This warranty includes the repair or replacement of the defective Product. If, however, the repair or replacement should prove impossible or disproportionate for Us or cause You serious inconvenience, We undertake to grant You an appropriate price reduction or, in the event of serious non-conformity, to rescind the Contract and refund the full price, subject to Your return of the Product.
10.5. The legal warranty as well as the warranty for hidden defects does not apply to:
o damage caused by normal wear and tear, accidental or deliberate changes made by You to the Products, including injudicious and misuse and exposure to moisture, fire, earthquake and other external causes;
o damage caused by installation and use in a manner inconsistent with the instructions and information provided;
o damage caused after the removal of seals on certain parts and after removal or defacement of the serial number and other product serial numbering. You must never remove these seals without Our express written permission.
10.6. In addition to the legal guarantee, We offer a lifetime commercial guarantee on our physical Products for damage caused by normal wear and tear, but only under the express condition that You still hold the accompanying NFT.
11 Customer service
11.1. We strive to keep our customers satisfied. Our customer service is therefore available to you by e-mail at firstname.lastname@example.org or by post at the following address Ikaroslaan 1, 1930 Zaventem. Any questions, complaints or comments about Products, the ordering process or the use of the webshop can be addressed to them.
12.1. To the extent permitted, We shall not be liable for indirect or consequential damages. Unless excluded by mandatory law, We shall only be liable for damage caused by non-compliance with Our obligations if and to the extent such damage is caused by Our wilful and gross negligence. We are not liable for other faults.
12.2. Nothing in these Terms of Sale is intended to exclude or restrict Your statutory rights. In addition, nothing in these Terms of Sale is intended to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees); or for fraud or fraudulent misrepresentation.
12.3. If We are found liable, the amount of compensation will be limited to the total amount You paid for the Products purchased.
13 Protection of personal data
13.1. The information You provide is necessary for the processing, handling and completion of Your orders, and the preparation of invoices. If this information is missing, Your order cannot be fulfilled. Providing incorrect or false personal data, is considered a breach of the present Terms of Sale. Your personal data will only be processed in accordance with Our Privacy Statement.
14 Intellectual property
14.1. We guarantee to have the necessary rights for offering Our Products. All intellectual property rights and derived rights to these Products remain with Us and/or the party entitled thereto. These intellectual property rights mean copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
14.2. The content of the Website is Our property. This includes texts, graphics, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is prohibited to copy, publish, reproduce or in any other way use this content without written permission from Us.
15 Force majeure
15.1. We are not responsible for the fulfilment of Our obligations under these Conditions of Sale in the event of force majeure. Force majeure means the situation in which the performance of Our obligations is prevented in whole or in part, temporarily or otherwise, by circumstances beyond Our control.
15.2. In the event of force majeure, these obligations shall be suspended and We shall make all reasonable efforts to limit the consequences of the force majeure situation. In the event that the Force Majeure Event lasts longer than two (2) months, either Party shall be entitled to terminate the Contract by giving written notice to the other Party, without either Party being liable to pay any compensation to the other (other than reimbursement of the Products paid for by You and not delivered).
16.1. If any provision of these Sales Terms (or part thereof) is held to be void, invalid or unenforceable, such invalidity, invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of these Sales Terms. In case of nullity, invalidity or unenforceability, the Parties will negotiate, to the extent possible, to replace the void, invalid or unenforceable provision (or part of it) by an equivalent provision that corresponds to the spirit of these Sales Terms.
16.2. Our failure to require the strict application of any of the provisions of these Terms of Sale shall not be construed as an implied waiver of Our rights and shall not prevent Us from subsequently requiring the strict application of these provisions.
16.3. These Terms of Sale, including any references included in the Terms of Sale, fully reflect the rights and obligations of the Parties and supersede all prior agreements and proposals, whether oral or written, including any terms and conditions of the Parties.
16.4. The Terms of Sale apply at all times and exclusively to all present and future Contracts between You and Us, except in case of an explicit deviation. An express deviation is valid only to the extent that it is the result of mutual agreement between You and Us expressly recorded in writing. Explicit deviations are valid only to replace or supplement the clauses to which they relate. The other provisions of these Sales Terms remain fully applicable.
17 Applicable law and competent court
17.1. To the extent permitted by law, all Contracts governed by these Sales Terms shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
17.2. You can also bring a dispute about these Conditions of Sale before an independent body. More information can be found at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
17.3. Any dispute concerning the interpretation or application of these Sales Terms will fall under the exclusive jurisdiction of the courts where Our head office is located, unless another court is mandatory by law.