Terms and Conditions
SEC is the commercial name of a webshop managed by
Steven Albrecht, sole proprietorship under Belgian law, established in 2640 Mortsel (Belgium), Ter Varentstraat 37 and registered in the Crossroads Bank for Enterprises with enterprise number BE 0833 640 962 (hereinafter referred to as “Sec”), is a company specialized in the sale of clothing inspired by the world of surfing.
Sec can be reached via firstname.lastname@example.org
The customer can be any natural or legal person who enters into a contractual relationship of any kind with 'Sec' (hereinafter referred to as the “Customer”) or any person who, exclusively for non-professional purposes, acquires products (hereinafter referred to as the “Consumer”) via www.secclothing.be (hereinafter referred to as the “Webshop”).
Article 1 - Application
Unless agreed otherwise in writing, these general terms and conditions apply to all purchases and orders made via the Webshop.
Placing an order on the Webshop entails full acknowledgment as well as full and unconditional acceptance of the general terms and conditions of 'Sec'.
'Sec' reserves the right to change these terms and conditions at any time. The modified terms and conditions will apply to any order placed hereafter and will in no way affect orders already confirmed by 'Sec'.
The application of the general terms and conditions of 'Sec' excludes the application of any other (general or special) terms and conditions of the Customer.
Article 2 – Offer
The Webshop contains an accurate description and as accurate as possible images of the products offered in order to enable an informed order by the Customer. It is possible that certain non-substantial features of a product upon delivery deviate from the descriptions and images as shown on the Webshop. Colors may also differ, taking into account the lighting and the settings of the screen used. 'Sec' is not bound by product descriptions that are clearly affected by an error or inaccuracy, including but not limited to obvious errors in the price.
Products are available while supplies last. If the Customer orders a product via the Webshop that is no longer in stock, 'Sec' will inform the Customer of this as soon as possible by e-mail and the Customer will have the right to cancel the order against a refund of the price . 'Sec' is under no circumstances liable for damage resulting from the unavailability of a product.
'Sec' is free to periodically change the products available on the Webshop and is not obliged to continue to offer any specific product or type of product.
To place an order, the Customer must be at least 18 years old. If 'Sec' determines that the Customer is under the age of 18, the relevant order will not be fulfilled.
Orders can only be processed if the Customer clearly identifies himself by entering his or her address and billing details in the contact form. This information must always be up-to-date and truthful.
Article 3 - Agreement
To enter into an agreement with 'Sec' via the Webshop, the following steps must be taken: the Customer must add the products he or she wishes to purchase to the shopping cart and then pay;
in the event that the Customer is a new customer of 'Sec', he or she will be given the opportunity to create an account and log in before paying for the order. However, creating an account is not mandatory, but will simplify a future order;
in the event that the Customer has an account on the Webshop, he or she can enter the login details to register himself, which will facilitate the processing of the order;
as soon as the Customer is registered q. indicates that he wishes to complete the order without registering, the Customer will have to select the desired delivery method;
then the Customer will have to confirm that he has read and agreed to the general terms and conditions, which will be presented to him or her in PDF format with the option of downloading and saving;
the Customer will then have to confirm the order;
the Customer is redirected to the website of the payment service provider of 'Sec', which will handle the payment of 'Sec';
as soon as 'Sec' receives the payment, it will confirm the order by e-mail to the e-mail address provided by the Customer when going through the order process. At this point, a binding agreement is created between the Customer and 'Sec'.
'Sec' and the Customer expressly agree that a binding agreement can be established by means of electronic communication. The absence of a signature does not affect the binding force of the offer and its acceptance. The electronic files of 'Sec' serve as evidence, to the extent permitted by law.
Article 4 - Right of withdrawal
This Article 4 only applies to Consumers who place an order via the Webshop.
Where applicable, the Consumer will have the right to change his mind without any compensation or giving any reason, within a period of 14 (fourteen) calendar days after he or she has physically received the product, provided that the product has only been used in that extent was unpacked to establish the nature and characteristics of the product as would be possible in a physical store.
If the Consumer wishes to make use of his or her right of withdrawal, he or she must inform 'Sec' of this by means of the withdrawal form, which is available on the Webshop, or by e-mail to email@example.com, with stating the order number, the product that the Consumer wishes to return and whether the Consumer wishes to return or exchange this product.
The Consumer has a period of 14 (fourteen) calendar days, counting from the day on which the decision to withdraw was communicated to 'Sec', to return the product in question to 'Sec'. The product must be returned in an original, complete, undamaged and unused condition. All accompanying documentation, (a copy of) the order form and packaging materials must be included with the return shipment. If the Consumer does not meet these conditions, 'Sec' will refund the price of the returned product, less the associated costs.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the Consumer.
Purchases that were purchased with a discount (greater than or equal to 20%) must be returned within 7 (seven) calendar days. These purchases are not refundable but reimbursed with a voucher.
The costs associated with the return of the product are borne by the Consumer.
'Sec' is not liable for damage, theft or loss of the product, as a result of returning it.
Provided the Consumer has exercised the right of withdrawal in accordance with the previous paragraphs, 'Sec' will refund the price paid by the Consumer (with the exception, for the record, of the costs associated with returning the product and, if applicable, , the costs for any damage to the product) within a period of 14 (fourteen) calendar days after receipt of the product or, if earlier, after the Consumer has demonstrated that the product has been returned, with the payment method that corresponds to the Payment method used by consumer.
Article 5 - Prices
The prices displayed on the Webshop include VAT.
The prices do not include shipping costs, which are always borne by the Customer. The shipping costs are indicated before the purchase is made.
The prices are expressed in EURO.
Except in the case of errors, the prices are charged as stated at the time of placing the order. In the event of a price error, 'Sec' will inform the Customer by e-mail as soon as possible after confirmation of the order. In that case, the Customer will have the choice to accept the new (correct) price or to cancel the order and receive a refund of the price already paid. In the absence of a response from the Customer after a period of 7 (seven) calendar days after notification, the order will be automatically cancelled.
'Sec' may, at any time and without notice, adjust the prices as displayed on the Webshop. However, a price change will not apply to orders that have already been placed.
Article 6 - Payment
Unless otherwise agreed in writing, the invoices of 'Sec' are immediately payable by bank transfer to the bank account of 'Sec'. Products will be shipped after receipt of payment.
Payment must be made according to one of the following payment options (mentioning any costs associated with its use):
Bancontact, Visa, Mastercard, Maestro, and/or Payconiq
The general terms and conditions of the payment system 'Shopify Pay & Mollie payments' apply to the payment. If a payment method with a credit card is chosen, the conditions of the card issuer apply.
Article 7 - Delivery
Except in the case of an agreement with a Consumer, the delivery date indicated by 'Sec' is always indicative. Delay in delivery does not give rise to a right to any compensation on the part of the Customer, nor a right to terminate the agreement with 'Sec'.
If 'Sec' has concluded an agreement with a Consumer, the delivery date indicated by 'Sec' is binding and, insofar as no delivery date has been agreed, a maximum delivery period of 30 (thirty) calendar days applies from the day the order is placed. confirmed by 'Sec'.
If 'Sec' fails to meet the agreed term with regard to a Consumer, for whatever reason or from whatever cause, the Consumer is entitled to request delivery to take place within an additional term that is appropriate given the circumstances. If 'Sec' does not deliver the products within this additional period, the Consumer has the right to cancel the order and receive a refund.
The delivery of the ordered products takes place at the address specified by the Customer. However, 'Sec' will only deliver products to addresses within Europe.
Delivery is deemed to take place at the time the products are first offered at the specified address and, in the case of a Consumer, at the time the Consumer takes physical possession of the products. If the delivery is unsuccessful due to the fault of the Customer, any costs of new delivery attempts will be borne by the Customer.
The risk of damage to or loss of the ordered products passes to the Customer as soon as they are delivered to the Customer.
If several products are ordered in one order, 'Sec' reserves the right to deliver the products separately. However, 'Sec' does its utmost to deliver all products in one package.
Article 8 – Warranty and complaints
'Sec' guarantees to deliver products that correspond to the description and specifications as stated on the Webshop, taking into account the restrictions as included in article 1.
The Customer undertakes to immediately examine the products after delivery for their conformity with the agreement and visible defects. Any lack of conformity between the agreed products and the products that were delivered must be reported to 'Sec' in writing without delay and no later than 8 (eight) calendar days after delivery.
Complaints based on hidden defects must, under penalty of forfeiture, be communicated by the Customer to 'Sec' by registered letter immediately after discovery and no later than 2 (two) years after delivery.
The complaints must be described very precisely.
In the event that products delivered by 'Sec' in the context of the agreement with the Customer show defects, the Customer can only claim a repair, replacement or price reduction, at the option of 'Sec', without the Customer being able to claim to any form of compensation.
With regard to Consumers, in case of complaints, (i) the defective products will be repaired in kind, i.e. by replacement or repair, (ii) if 'Sec' does not make the replacement or repair within a reasonable period of time or without serious inconvenience to the Consumer. can perform, the Consumer can claim a price reduction or the dissolution of the agreement, and (iii) the Consumer can, if necessary, claim additional compensation, provided that the damage can be objectively demonstrated.
The Customer is obliged to enable 'Sec' to investigate the complaint and must therefore provide his or her full cooperation.
The unconditional acceptance of the products delivered by 'Sec' will be apparent from the unconditional commissioning of the delivered products.
Article 9 – Data Protection
'Sec' undertakes to treat all personal data it receives from the Customer in accordance with legal obligations relating to the processing of personal data, including Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Article 10 – Intellectual Property Rights
'Sec' reserves all intellectual property rights to the Webshop and all parts thereof, including but not limited to all texts, images, lay-out, data, software, names, brands, labels and logos, whether registered or not.
Neither the Webshop itself nor the information offered on the Webshop may be stored, modified, published, distributed, sent, sold, transferred to third parties or used in any form or in any way whatsoever without the prior written consent of 'Sec'.
Article 11 - Force majeure
Neither party shall be liable for any delay or non-performance of obligations if such delay or non-performance is the result of a force majeure situation. The relevant party will inform the other party of this within a period of 5 (five) calendar days after the start of the force majeure situation. Force majeure is understood to mean the situation in which the performance of the agreement, temporarily or otherwise, is prevented by circumstances beyond the control of the party concerned, even if the cause was foreseeable. Without aiming to be exhaustive, the following are considered as force majeure: stock shortages, delays due to third parties, defective machines, strikes, lockout, fire, riot, war, epidemic, flood, electrical failures and government decisions or interventions.
If the force majeure situation results in an interruption of the performance, the obligations of the party concerned will be suspended by operation of law. In such a case, the parties will make all reasonable efforts to limit the consequences of the force majeure situation. If the situation of force majeure lasts longer than 30 (thirty) calendar days, the other party is entitled to dissolve the agreement without judicial intervention, without the other party being obliged to pay any compensation to the first party.
Article 12 - Liability
Except in the case of fraud or gross negligence, 'Sec' is never liable for or obliged to pay compensation for immaterial, indirect or consequential damage, including but not limited to loss of profit, loss of turnover, business interruption, loss of income, loss of customers, or any other form of damage.
Moreover, 'Sec' is never liable for damage that does not follow from an error on its part, including but not limited to cases of force majeure or an error by the Customer or third parties.
The total liability of 'Sec' for direct damage is at all times limited to the amount (including VAT) of the ordered product to which the liability of 'Sec' relates.
Nothing in this clause 12 shall exclude any liability for death or personal injury resulting from negligence.
Article 13 - Transfer
The Customer acknowledges that 'Sec' may transfer or subcontract its rights and/or obligations under the agreement with the Customer.
The Customer is not entitled to transfer or subcontract his or her rights and/or obligations under these terms and conditions to a third party without the prior written agreement of 'Sec'.
Article 14 – No Waiver
Waiver of any provision of these terms and conditions will only be valid if notified in writing to the other party.
A waiver of any specific provision of these terms and conditions shall in no event be construed as a waiver of any other provision, nor shall it be construed as a continuing waiver.
Article 15 – Divisibility
If any provision (or part thereof) of these general terms and conditions should be unenforceable, void, inapplicable or contrary to a provision of mandatory law, this will not affect the validity and enforceability of the other provisions of these general terms and conditions. In such case, 'Secs' and Customer will negotiate in good faith to replace the provision in question with an enforceable and legally valid provision that most closely matches the intent of the original provision.
Article 16 – Applicable law and competent court
These general terms and conditions are subject to Belgian law.
Any dispute arising from or relating to these general terms and conditions will fall under the exclusive jurisdiction of the courts in Antwerp, Antwerp department, unless the law prescribes another court.