General Sales Terms and Conditions

Business information

• Arne Govaerts, doing business as ScallopShells.com
• Registered office address: Onze-Lieve-Vrouwstraat 14, 9280 Lebbeke, Belgium
• Phone: +32 471 304 608
• Email: info@scallopshells.com
• Enterprise number: BTW BE 0730.909.549

Article 1: General provisions

The e-commerce website of ScallopShells.com, a sole proprietorship with registered office at Onze-Lieve-Vrouwstraat 14, 9280 Lebbeke, Belgium, VAT BE 0730.909.549 (hereinafter ScallopShells.com) offers its customers the opportunity to purchase the products from its webshop online.

These General Terms and Conditions (Terms and Conditions) apply to every order placed by a visitor to this e-commerce website (Customer). When placing an order via the webshop of ScallopShells.com, the Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions.

Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by by ScallopShells.com are.

Article 2: Price

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

If delivery, reservation or administrative costs are charged, this will be stated separately. Any customs fees and import taxes may still be due.

The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

Article 3: Availability

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for ScallopShells.com. With respect to the accuracy and completeness of the provided information, ScallopShells.com is solely bound to obligation of means. ScallopShells.com is in no way liable in event of obvious material or printing errors.

If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.

The product selection is valid while stocks last and may at any time be changed or withdrawn by ScallopShells.com. ScallopShells.com cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

On the order page, the Customer fills in the quantity, the preferred currency and the country of destination, after which an indicative price is displayed. Upon confirmation the Customer is redirected to an external checkout page, where he can complete his details and proceed to payment.

The Customer may choose between the following payment methods:

• by credit card
• by debit card

ScallopShells.com is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

Article 5: Delivery and execution of the agreement

Items ordered via this webshop are delivered in Belgium, the Netherlands and the United Kingdom. Other countries are only possible after contacting the Customer Service.

Delivery is made by Bpost, PostNL or DPD, or their foreign partners. Unless otherwise agreed or expressly stipulated, the goods will be delivered to the Customer’s place of residence within 30 days of receipt of the order.

Delivery fees:

• Belgium: 7.71 EUR
• Netherlands: 7.71 EUR
• United Kingdom: 15.00 EUR
• Other: on demand

Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to ScallopShells.com.

The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by ScallopShells.com.

Article 6: Retention of title

Delivered articles remain the exclusive property of ScallopShells.com until the moment the Customer pays for the goods in full. If necessary, the Customer undertakes to inform third parties of the retention of title belonging to ScallopShells.com, e.g. to anyone who would attempt to seize articles that are not fully paid for.

Article 7: Right of withdrawal

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from ScallopShells.com.

If the right of withdrawal is applicable:

The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.

The withdrawal period expires 14 calendar days after the date when the last of the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.

To exercise the right of withdrawal, the Customer must notify ScallopShells.com (Onze-Lieve-Vrouwstraat 14, 9280 Lebbeke, Belgium, info@scallopshells.com) in an unambiguous statement (e.g. in writing by post or email) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.

To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.

In any event, the Customer has no later than 14 calendar days from the day that they notify ScallopShells.com of their decision to withdraw from the agreement to send back or hand over the goods to ScallopShells.com. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

The direct costs for returning the goods shall be borne by the Customer.

If the returned product is reduced in value in any way, ScallopShells.com is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.

Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.

If the Customer withdraws from the agreement, ScallopShells.com shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that ScallopShells.com was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, ScallopShells.com may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.

Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by ScallopShells.com will not be refunded.

ScallopShells.com shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.

The Customer may not exercise the right of withdrawal for:

• service contracts after the provision of service has been completed in its entirety;
• the provision or supply of goods or services whose price depends on fluctuations in the financial market that ScallopShells.com has no influence upon and that may occur within the withdrawal period;
• the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person;
• the delivery of goods that spoil quickly or that have a limited shelf life;
• the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery;
• the delivery of goods that are irrevocably mixed with other products after delivery due to the nature of the goods;
• the delivery of alcoholic beverages where the price is agreed upon when entering into the sales agreement, but where the delivery can only occur after 30 days, and where the actual value is dependent on fluctuations in the market that the business has no influence over;
• agreements where the Customer specifically requests ScallopShells.com to carry out urgent repairs or maintenance;
• the delivery of sealed audio and video recordings and sealed computer software where the seal is broken after delivery;
• the delivery of newspapers, journals or magazines with the exception of agreements for a subscription to such publications;
• agreements that were entered into in a public sale;
• the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities when the agreement stipulates a specific date or period of execution;
• the supply of digital content that is not supplied on a tangible medium when the service has started with the explicit prior consent of the Customer and provided the Customer has confirmed that he thereby lost his right of withdrawal (e.g. downloading of music, software, etc.).

Article 8: Guarantee

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.

To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.

For articles purchased online and are delivered to the home of the Customer, the Customer must contact the ScallopShells.com customer service and to return the product to ScallopShells.com.

Upon detection of a deficiency, the Customer must inform ScallopShells.com as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.

The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.

Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.

Article 9: Customer service

ScallopShells.com customer service can be reached via email at info@scallopshells.com or by mail at the following address Onze-Lieve-Vrouwstraat 14, 9280 Lebbeke, Belgium. Any complaints can be made through the aforementioned customer services contact methods.

Article 10: Penalties for non-payment

Unless expressly agreed otherwise in writing, the invoice is payable in cash. In the event of non-payment of all or part of the price, the provisions of Book XIX of the Code of Economic Law will apply, and the seller will send the customer a free reminder to pay the amount due within 14 calendar days. If the customer does not pay within that period, the outstanding amount will be increased by an annual interest calculated at the reference interest rate plus eight percentage points referred to in Article 5, paragraph 2, of the law of 2 August 2002 on the fight against theft. payment arrears in commercial transactions calculated from the calendar day following the day on which the free reminder was sent to the customer, as well as a fixed amount of:

1. 20 euros if the balance due is less than or equal to 150 euros;
2. 30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
3. 65 euros plus 5% of the amount due on the tranche above 500 euros with a maximum of 2000 euros if the balance due exceeds 500 euros.

Without prejudice to the foregoing, ScallopShells.com is entitled to take back the unpaid or incompletely paid for articles.

Article 11: Privacy

The responsible party for processing personal data, ScallopShells.com respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.

The personal data you share with us is used only for the following purposes:

• the execution of the agreement entered into,
• the processing of the order,
• sending of newsletters, and advertising and/or marketing purpose.

The legal bases are:

• performance of the contract,
• consent,
• compliance with legal and regulatory obligations and/or
• the legitimate interest of the company.

You have a statutory right to access, correct, supplement or remove your personal data. In a number of cases listed in the GDPR, you may also ask us to limit the processing of your personal data. You have the right to object to the processing of your Personal Data if you have serious and legitimate reasons that exceed our need to process your data. You have the right to request your Personal Data in digital and readable form and/or to have them transferred to another service provider of your choice. Insofar as our processing is based on your prior consent, you have the right to revoke that consent at any time.

In the case when information is used for direct marketing purposes, you may preclude the use of your information for direct marketing purposes at no cost to yourself.

To exercise your rights you can always contact us in the aforementioned manner at ScallopShells.com (Onze-Lieve-Vrouwstraat 14, 9280 Lebbeke, Belgium, info@scallopshells.com).

We treat your information as confidential and shall not communicate, rent or sell it to third parties. It is possible that the personal information received from you may be communicated to our collaborating businesses:

• Stripe as payment processor based on the execution of the contract

For more information, see our Privacy Policy.

Article 12: Use of cookies

This site does not use cookies itself. However, this site can refer to websites that use cookies. A cookie is a text file that is placed in the browser of your computer or mobile device by a website’s server when you visit a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.

Article 13: Invalidation - non-relinquishment

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

Failure at any time by ScallopShells.com to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 14: Amendments to the Terms

These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of ScallopShells.com. In case of inconsistencies, the present Terms take precedence.

Article 15: Proof

The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

Article 16: Applicable law - jurisdiction

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the ScallopShells.com district have jurisdiction in the case of any disputes.

Appendix 1: Template - withdrawal form

Dear Customer, you should only complete this form and return it should you want to withdraw from the agreement.

To ScallopShells.com, Onze-Lieve-Vrouwstraat 14, 9280 Lebbeke, Belgium:

I/We (*) hereby inform you that I/we (*) want to withdraw from the agreement concerning the sale of the following goods/delivery of the following service (*):

Ordered on (*)/Received on (*):

Name/Names of consumer(s): Address of consumer(s):

Signature of consumer(s) [only when this form will be submitted on paper]: Date:

(*) = strike out what is not applicable.