General terms and conditions of use for e-store 'Sober&Sober' 

Business information

Company name:                   Dench BV

Trade name:                          Sober&Sober

Business address:                 Generaal Belliardstraat 44, 2000 Antwerpen

E-mail address:                      hereforyou@soberandsober.com

Business phone                     +32 477 93 52 62 

VAT number:                          BE0727833758

Legal form:                            Private Company

RPR:                                      RPR Antwerpen

 

Article 1: General provisions

The e-commerce website of Dench BV, a Private Company with registered office at Generaal Belliardstraat 44, 2000 Antwerpen, VAT BE0727833758 hereinafter “Sober&Sober”, offers its customers the opportunity to purchase the products from its web shop online.

These General Terms and Conditions ("Terms") apply to any order placed by a visitor to this e-commerce website ("Customer"). When placing an order through the “Sober&Sober” web shop, the Customer accept these Conditions explicitly, thereby agreeing to the applicability of these conditions, to the exclusion of all other conditions. Additional conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by “Sober&Sober”.

Article 2: Price

All stated prices are expressed in EURO, always including VAT and all other duties or taxes that are obligatory to be borne by the Customer.

The indication of price only refers to the articles as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price.

Article 3: Offer

Despite the fact that the online catalog and the e-commerce website are compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind “Sober&Sober”. The correctness and completeness of the information provided means that “Sober&Sober” is merely bound to an obligation of means. “Sober&Sober” is in no way liable in the event of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the Customer to contact us in advance.

The offer is valid while stocks last and can be adjusted or withdrawn at any time by “Sober&Sober”. “Sober&Sober” cannot be held liable for the unavailability of a product. It will be explicitly stated If an offer has a limited period of validity or is made subject to conditions. 

Article 4: Online purchases

The Customer can choose between the several payment methods, which will be mentioned at the time of purchase online.

“Sober&Sober” is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved. 

Article 5: Delivery and execution of the agreement

Items ordered through this Sober&Sober web shop are delivered in Europe. Delivery methods will be offered at the time of purchase online. Unless otherwise agreed or expressly stated otherwise, the goods are delivered to the Customer's shipping address within 30 days of receipt of the order.

Any visible damage and / or qualitative shortcoming of an article or other shortcoming in delivery must be reported immediately by the Customer to “Sober&Sober”.

The risk of loss or damage is transferred to the Customer as soon as he / she (or a third party designated by him/her, who is not the carrier) has physically taken possession of the goods. However, the risk is transferred to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by “Sober&Sober”. 

Article 6: Retention of property

The delivered items remain the exclusive property of “Sober&Sober” until full payment has been made by the Customer. The Customer undertakes, if necessary, to inform third parties of the retention of property of “Sober&Sober”, e.g. to anyone who would seize the articles not yet fully paid for. 

Article 7: Warranty

Pursuant to the law of September 21, 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.

In order to invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer's home, the Customer must contact “Sober&Sober” and return the item to “Sober&Sober” at his expense.

If a defect is found, the Customer must inform “Sober&Sober” as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 weeks after it has been established. Afterwards, any right to repair or replacement lapses.

The (commercial and / or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to purpose.

Defects that manifest themselves after a period of 2 months following the date of purchase, are deemed not to be hidden defects, unless the Customer can prove otherwise.

 Article 8: Customer service

The customer service of “Sober&Sober” can be reached at telephone number +32 477 93 52 62, by e-mail at hereforyou@soberandsober.com. Any complaints can also be directed through any of the above.

 

Article 9: Penalties for non-payment

Without prejudice to the exercise of other rights that “Sober&Sober” has, in case of non-payment or late payment from the date of the breach of contract, the Customer is liable and without notice to pay an interest of 10% per year on the unpaid amount. In addition, the Customer is legally obliged to pay a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.

Without prejudice to the foregoing, “Sober&Sober” reserves the right to take back the unpaid or partially unpaid items.

 

Article 10: Infringement of validity - non-renunciation

If any provision of these Terms is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by “Sober&Sober” to enforce or exercise any right of any of the rights listed in these Terms will never be considered a waiver of such provision and will never invalidate or affect these rights.

 

Article 11: Change of conditions

These Conditions are supplemented by any other conditions to which explicit reference is made, and the General Terms and Conditions of sale of “Sober&Sober”. In the event of any conflict, these Conditions will prevail.

 

Article 12: Evidence

The Customer accepts that electronic communications and backups can serve as evidence.

 

Article 13: Applicable law - Disputes

Belgian law is applicable, with the exception of the provisions of private international law regarding applicable law.

 

The courts of the residence of the “Sober&Sober” (Antwerp) are competent in legal disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).