SEC is the commercial name of a webshop managed by

Steven Albrecht, a sole proprietorship under Belgian law, based at Ter Varentstraat 37, 2640 Mortsel (Belgium), and registered with the Crossroads Bank for Enterprises under company number BE 0833 640 962 (hereinafter referred to as “Sec”), a company specializing in the sale of clothing inspired by the surf world.

Sec can be reached via info@secclothing.be

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 acquires products marketed for non-professional purposes only (hereinafter referred to as the “Consumer”) via www.secclothing.be (hereinafter referred to as the “Webshop”).

 

Article 1 - Application

Unless otherwise agreed in writing, these general terms and conditions apply to all purchases and orders placed via the Webshop.

Placing an order on the Webshop implies the complete acknowledgment and the full and unconditional acceptance of the general terms and conditions of ‘Sec’.

‘Sec’ reserves the right to amend these general terms and conditions at any time. The amended general terms and conditions will apply to every order placed thereafter 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 specific) 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 to enable an informed order by the Customer. It is possible that certain non-substantial characteristics of a product may differ upon delivery from the descriptions and images shown on the Webshop. Colors may also vary, taking into account the lighting and the settings of the screen used. ‘Sec’ is not bound by product descriptions that are clearly affected by a mistake or inaccuracy, including but not limited to obvious errors in price.

Products are available as long as stock lasts. 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 via email, and the Customer will have the right to cancel the order with a refund of the price. ‘Sec’ is in no way 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 required to continue offering 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 18 years of age, the relevant order will not be fulfilled.

Orders can only be processed if the Customer clearly identifies themselves by filling in their address and billing details in the contact form. These details 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 they wish to purchase to the shopping cart and then proceed to checkout;

in the event that the Customer is a new customer of ‘Sec’, they will have the opportunity to create an account and log in before checking out the order. However, creating an account is not mandatory but will simplify future orders;

in the event that the Customer has an account on the Webshop, they can enter their login credentials to sign in, which will facilitate the handling of the order;

as soon as the Customer is signed in or indicates they wish to complete the order without signing in, the Customer will have to select the desired delivery method;

subsequently, the Customer must confirm acknowledgment of and agreement with the general terms and conditions, which are presented to them in PDF format with the option to download and save;

next, the Customer must confirm the order;

the Customer will be redirected to the website of ‘Sec’s payment service provider, which will handle the payment for ‘Sec’;

as soon as ‘Sec’ receives the payment, it will confirm the order via email to the email address provided by the Customer during the order process. At this moment, a binding agreement is created between the Customer and ‘Sec’.

‘Sec’ and the Customer expressly agree that a binding agreement can be concluded via electronic communication. The absence of a signature does not detract from the binding force of the offer and its acceptance. The electronic files of ‘Sec’ serve as proof, insofar as the law permits.

 

 

Article 4 - Right of withdrawal

This Article 4 applies only to Consumers who place an order via the Webshop.

In such cases, the Consumer has the right to change their mind without any fee or statement of reasons within a period of 14 (fourteen) calendar days after they have physically received the product, provided that the product was only unpacked to the extent necessary to determine the nature and characteristics of the product, as would be possible in a physical store.

If the Consumer wishes to exercise their right of withdrawal, they must inform ‘Sec’ of this using the withdrawal form, which is available on the Webshop, or by email to info@secclothing.be, stating the order number, the product the Consumer wishes to return, and whether the Consumer wishes to return or exchange this product.

The Consumer then has a period of 14 (fourteen) calendar days, starting 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 its original, complete, undamaged, and unused condition. All enclosed documentation, (a copy of) the order form, and packaging materials must be included with the return. If the Consumer does not comply with these conditions, ‘Sec’ will refund the price of the returned product, minus any 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 made with a discount (greater than or equal to 20%) must be returned within 7 (seven) calendar days. These purchases are not refunded but compensated with a voucher.

The costs associated with returning the product are borne by the Consumer.

‘Sec’ is not liable for damage, theft, or loss of the product resulting from returning it.

Provided that the Consumer has exercised the right of withdrawal in accordance with the preceding paragraphs, ‘Sec’ will refund the price paid by the Consumer (with the exception, for clarity, 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, using the same payment method used by the 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 proceeding to the purchase.

The prices are expressed in EURO.

Except in the case of errors, the prices charged are those stated at the time the order is placed. In the event of a pricing error, ‘Sec’ will inform the Customer of this as soon as possible after confirmation of the order via email. In such cases, 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. If no response is received from the Customer after a period of 7 (seven) calendar days following notification, the order will be automatically canceled.

‘Sec’ can adjust the prices displayed on the Webshop at any time without notice. A price change will not, however, apply to orders that have already been placed.

 

Article 6 - Payment

 Unless otherwise agreed in writing, ‘Sec’s invoices are payable immediately by bank transfer to ‘Sec’s bank account. Products will be shipped after receipt of payment.

Payment must be made using one of the following payment methods (specifying any costs associated with their 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 credit card payment method 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 at all times indicative. A 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 entered into an agreement with a Consumer, the delivery date indicated by ‘Sec’ is binding and, insofar as no delivery date has been agreed, there is always a maximum delivery period of 30 (thirty) calendar days from the day the order was confirmed by ‘Sec’.

If ‘Sec’ fails to meet the agreed term with regard to a Consumer, for any reason or cause, the Consumer is entitled to request that delivery take place within an additional term that is appropriate given the circumstances. If ‘Sec’ does not deliver the products within this additional term, the Consumer has the right to cancel the order and receive a refund.

Delivery of the ordered products takes place at the address provided by the Customer. ‘Sec’ will, however, only deliver products to addresses within Europe.

Delivery is deemed to take place at the moment the products are first offered at the specified address and, in the case of a Consumer, at the moment the Consumer has physical possession of the products. If delivery is unsuccessful due to the Customer’s actions, any costs of new delivery attempts are 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 multiple products are ordered in one order, ‘Sec’ reserves the right to deliver the products separately. However, ‘Sec’ will make its best efforts to deliver all products in one package.

 

Article 8 – Warranty and complaints 

‘Sec’ guarantees to deliver products that conform to the description and specifications as stated on the Webshop, taking into account the limitations as included in Article 1.

The Customer undertakes to examine the products immediately after delivery for their conformity with the agreement and visible defects. Any lack of conformity between the agreed products and the products delivered must be communicated to ‘Sec’ in writing immediately, and no later than 8 (eight) calendar days after delivery.

Complaints based on hidden defects must be communicated by the Customer to ‘Sec’ by registered letter immediately after their discovery and no later than 2 (two) years after delivery, under penalty of forfeiture. 

The complaints must be described very precisely.

In the event that products delivered by ‘Sec’ show defects within the framework of the agreement with the Customer, the Customer can exclusively claim a repair, replacement, or price reduction, at the discretion of ‘Sec’, without the Customer being able to claim any form of compensation.

With regard to Consumers, in the event of complaints, it applies that (i) defective products are repaired in kind, namely by replacement or repair, (ii) if ‘Sec’ cannot perform the replacement or repair within a reasonable period or without serious inconvenience to the Consumer, the Consumer can demand a price reduction or dissolution of the agreement, and (iii) the Consumer may, if applicable, claim additional compensation, provided that the damage can be demonstrated objectively.

 The Customer is obliged to enable ‘Sec’ to investigate the complaint and must therefore provide their full cooperation.

Unconditional acceptance of the products delivered by ‘Sec’ will be evidenced by the unreserved use 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 regarding 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.

If the Customer wishes more information regarding ‘Sec’s privacy policy, they can contact ‘Sec’ via email info@secclothing.be or consult ‘Sec’s privacy statement on the Webshop.

 

Article 10 – Intellectual property rights 

‘Sec’ reserves all intellectual property rights on the Webshop and all its components, including but not limited to all texts, images, layout, 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, transmitted, sold, transferred to third parties, or used in any form or by any means without the prior written consent of ‘Sec’.

  

Article 11 - Force majeure 

Neither party is liable for any delay or non-performance of obligations if this delay or non-performance is the result of a situation of force majeure. The party concerned will inform the other party thereof, where applicable, within a period of 5 (five) calendar days after the commencement of the force majeure situation. Force majeure is understood to mean the situation in which the performance of the agreement is prevented, whether temporarily or not, by circumstances beyond the control of the relevant party, even if the cause was foreseeable. Without aiming to be exhaustive, the following are considered cases of force majeure: stock shortages, delays due to third parties, defective machinery, strikes, lockout, fire, riot, war, epidemic, flood, electrical failures, and decisions or interventions by government authorities.

If the force majeure situation results in an interruption of the performance, the obligations of the party concerned shall be suspended by operation of law. In such a case, the parties shall make all reasonable efforts to limit the consequences of the force majeure situation. If the force majeure situation lasts longer than 30 (thirty) calendar days, the other party is entitled to terminate the agreement without judicial intervention, without the other party being held to pay any compensation to the first party.

 

Article 12 - Liability

Except in cases of fraud or gross negligence, ‘Sec’ shall never be liable for or held to compensate any non-material, indirect, or consequential damage, including but not limited to loss of profit, loss of turnover, business interruption, loss of income, loss of clientele, or any other form of damage.

Furthermore, ‘Sec’ shall never be liable for damage that does not result from a fault on its part, including but not limited to cases of force majeure or a fault of the Client or third parties.

The total liability of ‘Sec’ for direct damage shall at all times be limited to the amount (including VAT) of the ordered product to which ‘Sec’'s liability relates.

Nothing in this Article 12 excludes any liability for death or personal injury resulting from negligence. 

 

Article 13 - Assignment

The Client acknowledges that ‘Sec’ may assign or subcontract its rights and/or obligations under the agreement with the Client.

The Client is not entitled to assign or subcontract his or her rights and/or obligations under these general terms and conditions to a third party without the prior written consent of ‘Sec’.

 

Article 14 – No Waiver

A waiver of any provision of these general terms and conditions shall only be valid if it has been communicated in writing to the other party.

A waiver of a specific provision of these general terms and conditions shall in no case be read as a waiver of any other provision, nor shall it be interpreted as a continuing waiver.

 

Article 15 – Severability 

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 shall not affect the validity and enforceability of the other provisions of these general terms and conditions. In such a case, ‘Sec’ and the Client shall negotiate in good faith to replace the relevant provision with an enforceable and legally valid provision that aligns as closely as possible with the intention of the original provision.

 

Article 16 – Governing Law and Competent Court

These general terms and conditions are subject to Belgian law.

Any dispute arising from or related to these general terms and conditions shall fall under the exclusive jurisdiction of the courts of Antwerp, Antwerp division, unless the law mandatorily prescribes another court.