ARTICLE 1. DEFINITIONS
1.1 The following terminology and definitions apply to the terms and conditions:- HOUSE OF NINOH, Nieuwpoortsesteenweg 495/0302, 8400 Oostende, België- Customer/Client: The person who does not trade in occupation or business, who reaches an agreement with HOUSE OF NINOH. - Product: All business offered and presented by HOUSE OF NINOH on its website.
ARTICLE 2. RELEVANCE
2.1 The general Terms and Conditions of Sale (“Terms and Conditions”) apply to all HOUSE OF NINOH sales, orders and agreements. HOUSE OF NINOH reserves the right to agree, in writing, to other Terms and Conditions. Any deviation to the general Terms and Conditions made with the consumer/client do not apply to future sales, future orders, and/or future agreements.
2.2 The acceptance of an offer or making a purchase entails the customer/client agrees to, and accepts the Terms and Conditions.
2.3 Any deviation to the Terms and Condition must be made in writing, in which case the remaining stipulations are unabbreviated valid.
ARTICLE 3. OFFERS/AGREEMENTS
3.1 All HOUSE OF NINOH offers are without commitment and HOUSE OF NINOH reserves the right to modify prices, in particular when (legal) regulations necessitate this.
3.2 An agreement is solely established after acceptance of the order by HOUSE OF NINOH.
3.3 HOUSE OF NINOH is authorized to decline orders or attach certain conditions to the delivery. In the event HOUSE OF NINOH declines an order, HOUSE OF NINOH will communicate this within one (1) week after receipt of the order.
ARTICLE 4. PRICES AND PAYMENTS
4.1 The prices listed for offered products and services are in Euro’s including sales tax.
4.2 For delivery in Belgium costs are €5,70.
4.3 For delivery outside Belgium shipping costs are adjusted accordingly.
4.4 After making an order, the customer/client receives an email confirmation immediately containing the total costs, including shipping costs. Payment is made by means Molly Payment, Bancontact or Paypal.
4.5 Custom clearance and/or import/export duties are not included in the price and are the responsibility and on account of the customer/client.
ARTICLE 5. DELIVERY
5.1 All orders will be shipped to the shipping address within 7-14 days of receipt of payment, unless otherwise mentioned (for custom orders). In the event of shipping changes the customer/client will always be notified.
5.2 A breach of the agreed delivery times does not give the customer/client the right to damages, termination of the agreement or dishonor any obligations set forth in this agreement or any other related agreement.
5.3 The product will be shipped to the customer/client, at the latest, 30 days after receipt of payment. In case of a breach of this term, the customer/client may terminate the agreement without additional costs. The language in this article does not affect the option for parties to agree to a longer delivery term.
5.4 Delivery in parts or multiple shipments is permitted.
5.5 In the event a customer/client orders a no longer deliverable (an undeliverable) product, this will be communicated within a reasonable time to customer/client. HOUSE OF NINOH will attempt to offer a suitable replacement product.
ARTICLE 6. RETURNS
6.1 In the event the delivered product does not meet the agreement, the customer/client shall notify HOUSE OF NINOH by email within five (5) business days of receipt of the order. If the customer/client fails to notify HOUSE OF NINOH within this timeframe, HOUSE OF NINOH has fulfilled its obligations with respect to the delivered goods.
6.2 Customer/Client has the right to terminate the agreement without reason within seven (7) days of receipt of the order. This timeframe commences the day after receipt of the order. Returns are only accepted when the product packaging is undamaged, and the product is unworn, unwashed and undamaged.
6.3 In case of termination of the agreement based on article 6.2, the order shall be returned and received by HOUSE OF NINOH within 14 days of termination of the agreement.
6.4 The shipping costs for returned products are on account of the customer/client. After receipt of returned orders in good condition, HOUSE OF NINOH will deposit the paid amount directly to your bank account, with any shipping costs deducted from the transferred amount.
ARTICLE 7. RETENTION OF (PROPERTY) OWNERSHIP
7.1 All delivered goods and services remain ownership of HOUSE OF NINOH until the customer/client has satisfied all obligations set forth in the agreement(s) signed and closed with HOUSE OF NINOH.
7.2 Delivered goods and services by HOUSE OF NINOH, pursuant to paragraph 7.1, may not be resold and may not be used as a method of payment. The customer/client is not authorized under the retention of ownership clause, to plight or pledge any HOUSE OF NINOH products and/or services.
7.3 It is expected from the the customer/client to, within reason, safeguard HOUSE OF NINOH’s ownership rights at all times.
7.4 In case a third party confiscates, or attempts to draw rights from, under the retention of ownership clause protected HOUSE OF NINOH goods and/or services, the customer/client is obligated to inform HOUSE OF NINOH immediately.
7.5 In case HOUSE OF NINOH chooses to exercise its retention of ownership rights, designated in this article, the customer/client gives HOUSE OF NINOH irrevocably and unconditionally permission to enter those third party places and take back property of HOUSE OF NINOH.
ARTICLE 8: LIABILITY (RESPONSIBILITY)
8.1 Every liability to HOUSE OF NINOH, its personnel and its products for all damage, of any nature, direct or indirect, including business damage(loss), consequential loss, damage to real property or persons, is explicitly excluded.
8.2 HOUSE OF NINOHi assumes no liability for damage resulting from the use of HOUSE OF NINOH products.
8.3 For misunderstanding, mutilation, delays or not properly delivered orders and announcements resulting from the use of the Internet, or any other form of communication between you and HOUSE OF NINOH, or between HOUSE OF NINOH and third parties, in so far as they relate to the relationship between you and HOUSE OF NINOH, HOUSE OF NINOH is not liable, unless there is a case of intention or gross negligence on HOUSE OF NINOH’s behalf.
8.4 Every liability of HOUSE OF NINOH towards the buyer is in every case limited to not more than the invoiced amount the buyer owes HOUSE OF NINOH in respect to the concerning agreement.
ARTICLE 9. FORCE MAJEURE
9.1 HOUSE OF NINOH reserves the right in the case of force majeure to suspend or cancel the execution of your order or the agreement without judicial intervention, such by written announcement and such that HOUSE OF NINOH is not liable for damages, unless under the circumstances this is unacceptable to criteria of reason and equity.
9.2 Force majeure means every shortcoming that can not be allocated to HOUSE OF NINOH, because it is not due to her fault and beyond her control and according to the law, an act of law or a commercially legal concept not accounted to her.
ARTICLE 10. PRIVACY
10.1 All personal information is used exclusively for processing of the order and will never be shared with or available to third parties.
ARTICLE 11. MISCELLANEOUS
11.1 In case you declare an address to HOUSE OF NINOH in writing, HOUSE OF NINOH is authorized to send all orders to that address, unless you submit to HOUSE OF NINOH, in writing, a change of address notification, where orders should be delivered instead.
11.2 HOUSE OF NINOH is authorized, during a shorter or longer time period, and without notification, to deviate from the terms and conditions. Any deviation does not affect HOUSE OF NINOH’s right to require strict compliance with the original terms and conditions.
11.3 In case one or more of the terms and conditions or any agreement with HOUSE OF NINOH is in opposition to any applicable law, the concerning term will be replaced with a comparable permissible law or stipulation determined by HOUSE OF NINOH.
11.4 HOUSE OF NINOH is authorized to use third parties for processing and executing of your order(s).
ARTICLE 12. APPLICABLE LAW AND COMPETENT COURT
12.1 To all laws, obligations, proposals, offers, orders, and agreements, to which these terms and conditions are applicable, as well as these conditions, solely Belgian law is applicable.
12.2 All disputes between parties will exclusively be presented to the competent court in Bruges.