Terms & conditions
For any question regarding the General Terms and Conditions or the Data Protection Policy, you are requested to contact us via email@example.com COMPANY INFORMATION The sale of products through this site is organized by Bvba De MEISJES, a company governed by Belgian law, registered with the Kruispuntbank van Ondernemingen (KBO) under number 0887481803, with its registered office at Loofblommestraat 23, B- 9051 Sint-Denijs-Westrem To contact us:Email: firstname.lastname@example.org
These Terms and Conditions may be the subject of changes. You should therefore consult them regularly, since the applicable General Terms and Conditions are those that apply at the time of using this site or when concluding the Agreement (as described below).
For any question regarding the General Terms and Conditions or the Data Protection Policy, you are requested to contact us via email@example.com
The sale of products through this site is organized by Bvba De MEISJES, a company governed by Belgian law, registered with the Kruispuntbank van Ondernemingen (KBO) under number 0887481803, with its registered office at Loofblommestraat 23, B- 9051 Sint-Denijs-Westrem
To contact us:
The customer is responsible for keeping his login details confidential and the use of his password. Your password is stored encrypted, so CLOSE-UP does not have access to your password.Close-Up strictly respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.
By using this site and by placing orders on it, you expressly undertake:
1. Use this site only to conduct consultations or place legally valid orders.
2. Do not place false or fraudulent orders. If it can be reasonably assumed that similar orders have been placed, we are entitled to cancel these and to inform the competent authorities.
3. Inform us of your electronic address, your postal address and / or other correct and correct information. You also give us permission to use this data in order to be able to contact you if necessary. You will not be able to place an order if you do not provide us with all your required informationBy placing an order on this site, you confirm that you are over 18 years old and that you have the legal capacity to conclude agreements.
AVAILABILITY OF THE SERVICES
The delivery service for the proposed products on this site is only available in Belgium and the Netherlands. Customers from other countries must first send an email to firstname.lastname@example.org, each request will then be viewed and processed separately.
VALIDATION OF THE CONTRACT
The information stated in the current General Terms and Conditions and the data stated on the CLOSE-UP site do not constitute a sales offer but an invitation to negotiate. As long as we have not explicitly accepted your order, no agreement will have been concluded between you and us with regard to the products. If your order is not accepted and the amount has already been debited, you will receive a full refund.To place an order, you must follow the online purchase procedure and click on "Approve payment". You will then receive an email confirming receipt of your order ("Order Confirmation"). Note that this does not mean that your order has been accepted. Your order does indeed constitute an offer that you submit to us with a view to purchasing one or more products. All orders are subject to our acceptance. We will inform you of this acceptance by sending you an email confirming that the order has been sent ("Delivery Confirmation"). The purchase contract between the parties of a product (the "Agreement") is only validated from the dispatch of the delivery confirmation.Only the products subject to the Delivery Confirmation will be the subject of the Agreement. We will not be obliged to deliver any other product that was not the subject of an order until we confirm the dispatch of the order in a Delivery Confirmation.
AVAILABILITY OF PRODUCTS
All product orders depend on their availability. In this sense and in the event of supply difficulties, or if the products are no longer in stock, we reserve the right to inform you about the possibility of ordering replacement products of equal or higher quality or value. If you do not wish to order these replacement products, we will refund any amount deposited.
All prices quoted are always inclusive of VAT and all other taxes to be paid by the customer. If transport, reservation or administrative costs are charged, these will be stated separately. The quotation refers exclusively to the article as it is described verbally. The accompanying photo is intended for decorative purposes and may contain elements or articles that are not part of the product and are therefore not included in the price.
REFUSAL TO HANDLE AN ORDER
We reserve the right to withdraw any product from this site at any time and to replace or change any content or information contained therein. Although we always make every effort to comply with all orders, exceptional circumstances may arise that oblige us to refuse the handling of an order after we have sent You Order Confirmation. We reserve this right at any time.We will not be liable to you or a third party by virtue of our decision to withdraw a product from our site, from our decision to replace or change any content or information on this site or from our refusal to place an order. process after having sent Order Confirmation.
Subject to the aforementioned clause regarding the 'availability of the products', and barring exceptional circumstances, we do everything we can to execute your order of the product or products referred to in each Delivery Confirmation before the delivery date specified in the latter or, if no delivery date has been determined, within the estimated period indicated at the time of the choice of the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
However, delays may occur for reasons related to the personalization of our products, unforeseen circumstances beyond our control or the delivery area.If for any reason we are unable to meet the delivery date, we will inform you of this and propose that you either continue the purchase process with a new delivery date, or cancel your order and reimburse you the total amount that you paid. The gift vouchers will be delivered on the date that you specify when placing your order. Please note that no delivery will be made on Saturday or Sunday.For the purposes of these Terms and Conditions, the "delivery" will be deemed to have been carried out or the order will be considered to be "delivered" at the time that You, or a third party whom You have designated, acquires the material possession of the products , which will materialize by signing the receipt of the order at the agreed delivery address
UNABLE TO DELIVER
In case of inability to deliver your order, our shipping partner will attempt to find a secure place to deposit your package. If they do not find a secure location, your order will return to their storage location. They will also leave a message that you specify the place where your order is located. If the order could still not be delivered, for reasons beyond our control, after a period of 30 days following the date on which your order was available with a view to its delivery, we will assume that You have a wish to end the Agreement and it will be terminated. As a result of the termination of the Agreement, we will refund you all amounts paid with the exception of the delivery costs (as well as with the exception of the additional costs associated with the choice of a delivery method other than the normal and less expensive delivery method offered by us), this within the shortest possible term and, in any case, within a period of 14 days from the time the Agreement is considered terminated.Please note that we are allowed to invoice you for any additional transportation costs associated with the termination of the Contract.
TRANSFER OF RISKS AND PROPERTY OF PRODUCTS
The risks associated with the product fall under your responsibility from the time of delivery within the meaning of the provisions of clause 9 above. Ownership of the products transfers to You at the time that we receive your full payment of all amounts due in this regard including delivery costs, or at the time of delivery (within the meaning of clause 9 above ) if it took place at a later date.
PRICE AND PAYMENT
The price of the products will be as indicated at any time on our website, except in case of obvious error. Mistakes may occur despite all our efforts to assure us that the prices indicated on the site are correct. If we discover a mistake in the price of the product or products you ordered, we will inform you of this as soon as possible and propose that you either confirm your order at the correct price or cancel your order. If we cannot contact you, the order will be considered canceled and you will refund the totality of the amounts paid.
We are not obliged to sell you a product at an incorrect lower price (and this even after we have sent you the Delivery Confirmation), if the error is manifest and unambiguous and if you are reasonably able to identify it.The prices on our site include VAT, with the exception of the delivery costs, which will come on top of the total amount to be paid.The prices can be changed at any time. However, no change will have any effect on the orders for which an Order Confirmation has already been sent.
AFTER YOU WILL CHOSE ALL THE PRODUCTS YOU WANT TO BUY, THESE WILL BE ADDED TO YOUR SHOPPING BASKET. AFTER WE WILL PROCESS YOUR ORDER AND YOU WILL BE INVITED TO MAKE THE PAYMENT. THEN YOU WILL NEED TO FOLLOW THE DIFFERENT STEPS OF THE PURCHASE PROCESS BY INDEPENDENTLY INFILLING OR VERIFYING THE NECESSARY INFORMATION. DURING THE PURCHASE PROCESS, YOU ALWAYS HAVE THE POSSIBILITY TO CHANGE THE INFORMATION RELATING TO YOUR ORDER BEFORE PAYING. FURTHERMORE, IF YOU WERE INCLUDED IN OUR SYSTEM AS A REGISTERED USER, ALL INFORMATION REGARDING YOUR ORDERS PLACED BY YOU ARE AVAILABLE TO US IN THE «REGISTERED CUSTOMERS» HEADING.
You can make the payment using the following bank cards: Visa, Mastercard and Bankcontact.
The data from your card will be encrypted in order to limit any unauthorized access risk. The corresponding amount will be taken from your card at the moment that the products, object of your order, leave our storage location.
By clicking on "Authorize payment" you confirm that the credit card is your property. The credit cards are subject to validity checks and to an authorization from the issuing body. If we do not obtain the necessary payment authorization, we will not be responsible for the delay and / or the lack of delivery of the products and we will not be obliged to enter into an Agreement with you.
VALUE ADDED TAX
In accordance with the legislation in force, every purchase made on the CLOSE-UP website is subject to value added tax (VAT).
EXCHANGE AND RETURN POLICY
1. Legal right of withdrawal
Right of withdrawal You have the right to withdraw from the agreement within a period of 14 days without giving a reason.
The withdrawal period expires 14 days after the date on which You or a third party other than a carrier designated by You presents yourself as the acquirer of the material possession of the products or, in the case of several products that are part of the same order but are delivered separately, within 14 days from the date from which You or a third party other than the carrier that You have designated offers as the acquirer of the material possession of the last product. The withdrawal period will be observed if your order is sent back before the expiry of this withdrawal period, whereby you inform us of your decision to exercise your right of withdrawal.
Consequences of the cancellation
If You decide to cancel the Agreement, we will refund You all paid payments with the exception of the delivery costs, as well as the additional costs associated with a delivery method you have chosen, and this within the shortest possible time and, in any case, within a period of 14 days from the moment we were informed of your decision to withdraw from the Agreement. We will proceed with this repayment using the same payment method that you used for the initial transaction.
In any case, this repayment by yourself will not entail any costs. Notwithstanding the foregoing, we may postpone the reimbursement until we have received the returned products or that you have given us proof of the return of the latter, taking the most recent date.We thank you for returning the products concerned by sending them back to the following address: Tulpenstraat 17 in 9810 Eke-Nazareth with the appropriate return ticket attached to the Order Confirmation. Do you want to return them to us in any case within the shortest possible time and, in any case, within a period of 14 days. The period is observed if you send us back the products before the period of 14 days has expired.
The direct costs incurred as a result of the return of the products are at your expense except in the cases where CLOSE-UP sent you the wrong products. In that case, do not forget to indicate this on the Order Confirmation together with the returned products. You only assume responsibility for the depreciation of the products resulting from manipulations other than those that are necessary to ensure the nature, quality and functioning of the latter.
2. Contractual right of withdrawal
In addition to the legal right of withdrawal of consumers and users mentioned in clause (1) above, you have the option of returning any product to us (with the exception of the products mentioned in clause 3 below, for which the right of withdrawal is excluded) within a period of 30 days. from the date that You received the Delivery Confirmation. In case of return of the products in application of the Contractual right of withdrawal after the expiry of the legal withdrawal period, the refund will only apply to the amount paid for these products. The direct costs incurred as a result of the return of these products are at your expense. In that case, do not forget to use the return ticket attached to the Order Confirmation, together with the returned products. If you inform us of your decision to assert your right of withdrawal in application of the provisions of clause (1) above, after the expiry of the legal withdrawal period, you are in any case obliged to return the products to us within a period of 30 days from the date You received the Delivery Confirmation
3. Common provisions
You do not have the right to terminate the Agreement if it relates to the delivery of the following products: i. Personalized items ii. Music CDs / DVDs without original packaging. iii. The goods that you have stripped of the "return label" * after delivery and / or that cannot be returned for reasons of hygiene or health protection. (* return label = label with the message: careful returns will not be accepted if this label has been removed *** Returns will only be accepted if this remains attached) Your right of withdrawal from the Agreement only applies to the products that are returned in the same condition as those in which you received them. No refund will be made if the products were used after opening / receipt, if they are not in the same condition as those in which they were delivered, or if they are damaged. We therefore advise you to take care of it as long as they are in your possession. We thank you for returning the products by using their original packaging, as well as following the return instructions and, if applicable, sending the other attached documents.
Within the framework of this cancellation, the products are returned as follows: (1) Returns If you wish to return the product or products via Bpost, use the return label provided for this. We would like to thank you for delivering the product in the same original packaging in accordance with the instructions in the "EXCHANGE AND RETURN" section of the Website. Please note that if you decide to return the product (s), we will be entitled to charge you for all costs that we have borne. After checking the article you will be informed if you are not entitled to a refund of the amounts paid. The delivery costs will not be reimbursed. The reimbursement will be made as quickly as possible and, in any case, within 14 days from the date that you inform us of your intention to cancel the order. Notwithstanding, we may postpone the refund until we have received the products or until you have provided proof of shipment of the items to be returned. The reimbursement will always be made using the same payment method as that used for purchase.
You bear the cost and risk of returning the products, as indicated above. In that case, do not forget to present the return ticket attached to the Order Confirmation, together with the returned products.For all questions you can contact us via our contact form on the website.
4. Returns of defective products
If, on delivery of the goods, you are of the opinion that the product does not conform to your order, please contact us immediately at the address email@example.com by providing us with the references. Any visible damage and / or qualitative shortcoming of an item or other shortcoming in the delivery must be reported immediately, otherwise any right to compensation will lapse. You must return the product to the address stated in article (1) above (along with the return ticket attached to the Order Confirmation) We are entitled to request proof of purchase, such as a copy of the Order Confirmation.We will carefully examine the returned product and will inform you within a reasonable period of time by e-mail whether the product can be refunded or replaced (if applicable).
Products with the following characteristics are not reimbursed:
• used, soiled, damaged or incomplete items
• articles with the label removed
• articles that contain fragrances of perfumes or others
• articles that are tailor-made for the customer
• items that cannot be returned due to their nature.
The reimbursement or replacement of the item will take place as soon as possible and, in any case, within 14 days from the date of receipt of the goods and from the e-mail confirming that the reimbursement or replacement of the product has been approved. The amounts paid for the returned products due to damage or defect, if these are fixed, will be refunded in full, including the delivery costs associated with the shipment of the item as well as those you paid to return it to us. The reimbursement will be made using the same payment method as that used for purchase. This is subject to your statutory rights.
5 Change of size
Regardless of your guaranteed legal and contractual right of withdrawal, if you decide that the item you have purchased is the wrong size for you, you can request a change, provided you return the original item to us. You can purchase the correct size on this website in the same way as the first time. You must select the new size of your item provided that it is still available on the website then you will be able to purchase the new size.
Once you have made the purchase, you must return the original item. You must return the item without unnecessary delay and in any case within a period of 14 calendar days from the request. The reimbursement of the returned item will be made in accordance with the provisions in (1) return.
We will send your new order with the item in the new size, within 3-5 business days from the date of purchase, and in any case within a maximum of 30 days from that date. This new order is governed by the provisions of the General Terms and Conditions, including the exercise of the right of withdrawal LIABILITY AND NON-LIABILITY CLAUSESUnless explicitly stated otherwise in these Terms and Conditions, our liability with regard to every product purchased on our site is strictly limited to its purchase price.Without prejudice to the above, our liability will not be the subject of any exclusion or limitation in the following cases:
1. The death or physical damage caused by our negligence
2. Fraud or deception; or
3. At least where it would be illegal to exclude or limit our liability, or attempt to do so. Given the open nature of this website and the possibility of errors regarding the storage and transfer of digital information, we guarantee neither the accuracy nor the safety of the information transmitted or obtained through this site, unless explicitly stated otherwise.
All documents, descriptions and information with regard to the products on this site are given «as such», without any guarantee, explicit or implicit, with the exception of guarantees provided by law. In this sense, and if you are a party to the Agreement in the capacity of consumer or user, we are obliged to deliver products that conform to the Contractual provisions and we are liable to you in the event of a lack of conformity. determined at the time of delivery. The products are deemed to be in conformity with the Contractual provisions if the following Conditions are united: (1) they must be in accordance with the description that we have proposed and have the characteristics that we have given on this site; (2) they must be adapted to the purpose for which such products are generally conceived; (3) they must meet the criteria of quality and performance that are generally accepted for similar products and that can be reasonably expected.
To the extent provided for by law, all guarantees are excluded with the exception of those in favor of consumers and users who cannot legally be the subject of an exclusion (thus the legal conformity guarantee stipulated in articles 1649 bis to 1649octions of the Belgian Civil Code). The products that we sell, including the artisan items, often have characteristics that are specific to the natural materials used in their manufacture. These characteristics can be the subject of variations on the level of the fibers, the texture, the knots or the color. Under no circumstances can these variations be considered as defects or damage. On the contrary, you must be aware of the existence of these variations and be able to appreciate them. We only choose quality products, but the natural characteristics are inherent in some products and should be accepted as part of the intrinsic aspect of the latter. The provisions of this clause in no way affect your rights as a consumer and user, nor the right to cancel the Agreement.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You may not improperly use this Website by deliberately introducing viruses, Trojan horses, worms, logic bombs, other software or other malicious or technologically harmful material. It is forbidden to gain unauthorized access to this site, the server on which this site is located or any other server, computer or database connected to the CLOSE-UP Website. You agree not to attack this Website through a denial of service or a dispersed denial of services.Any infringement of this provision is equivalent to a violation as described in the applicable legislation. We will report any non-compliance to the competent authorities in order to find out the identity of the attacker. In case of non-compliance with this clause, the permission to use this site is withdrawn immediately.We cannot be held liable for any damage or disadvantages resulting from a denial of service attack, virus or any other software or technologically harmful or adverse material that may affect your computer, equipment, data or material as a result of using this Website or downloading its content or from other sites to which this site directs you.
LINKS FROM OUR WEBSITEIf our site contains links to other sites and data from third parties, these links will only be provided for informational purposes without our being able to exercise any control over the content or data of these sites. We therefore accept no liability whatsoever in the event of loss or hindrance resulting from the use of these links.WRITTEN COMMUNICATIONSAs a result of the applicable legislation, we are obliged to provide you with certain information or communications in writing. By using this site, you accept that your communication with us and our subcontractors is mainly electronic. We will contact you by email or inform you via notifications on our site. For Contractual reasons, You agree to the use of this electronic means of communication and you accept that all agreements, communications, information and other messages that we send to You electronically conform to the legal provisions that require such communications to be in writing. This provision does not affect your statutory rights under any circumstances.
IN order to contact us we would prefer that you contact us trough the contact form. Unless otherwise stated, we may make you notifications at the mail or mailing address that you have communicated to us with your order. Notifications are deemed to have been received and properly made at the time they are posted on our site, 48 hours after sending an email, or three days from the stamp of any letter. As proof that a communication has indeed been sent, it is sufficient to show in the case of a letter that it has been correctly addressed, stamped and properly posted; in the case of an email, it is sufficient to prove that the latter was indeed sent to the email address specified by the addressee.
You acknowledge and agree that any copyright, registered trademark and intellectual property right with regard to information or content appearing on this site will be and remain our property at any time or that of our licensors. You can only use this information to the extent that You or our licensors have expressly authorized you to do so. This does not prevent you from using this site to the extent that this is necessary in order to copy information regarding your order or your contact details.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract is binding on both parties as well as on their respective legal successors, assigns and assigns. You may not transfer, transfer or tax an Agreement or the rights or obligations arising from it, outsource or otherwise transfer without our prior written consent. We may at any time transfer, transfer, tax, outsource or otherwise transfer an Agreement or any rights or obligations arising therefrom at any time during the validity of the contract. For the avoidance of doubt, such transfers, assignments and other distances should not affect the rights you may have as a consumer and may not limit, limit or exclude in any way the express and implied warranties we have given you.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above
If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If one of these Terms or one of the provisions of the contract is declared void in application of a final decision by a competentauthority, the other terms and conditions continue to apply without being affected by the said cancellation.
These Terms and all documents referred to in these Terms and Conditions constitute the entire Agreement between the parties with regard to the subject of the latter and replace any prior agreement, promise or arrangement made orally or in writing between the parties.
The parties agree that neither of them has relied on a statement or promise made by the other party or that may result from any verbal or written statement during the negotiations between the parties prior to entering into the Agreement with the exception of the provisions that expressly defined in these Terms. Each party waives any recourse with regard to any false statements made by the other party, verbally or in writing, before the date of signing the Agreement (unless these false statements were made fraudulently). The only redress that the other party can exercise will be the termination of the Contract, as stipulated in these Terms and Conditions.
OUR RIGHT TO CHANGE THESE TERMS
APPLICABLE LAW AND JUSTICE
The use of the CLOSE-UP Website and the Agreement for the purchase of our products on our site are governed by Belgian law. Any dispute arising from or related with the use of our website or with such Agreements falls under the jurisdiction of the Belgian courts.
Last updated on 15 April 2020