ARTICLE 1 - PURPOSE
1.1. The present general terms and conditions govern the contractual relationship between, on the one hand, IKONIC SADDLERY SRL (hereinafter "IKONIC"), BCE 806.205.135, having its registered office at Rue du Manypré, 2, 1325 Corroy-le-Grand, Belgium and, on the other hand, its customers (hereinafter "the Customer"), whether they are private individuals, natural consumer (hereinafter "the Consumer") or a business within the meaning of Article I.1 of the Economic Law Code (hereinafter "the Business").
1.2. All orders implies the Customer's irrevocable acceptance of these general terms and conditions of sale. The Customer confirms that they are aware of the latter.
1.3 The parties agree that their relations shall be governed exclusively by these general conditions, which constitute the Contract between them, except as otherwise provided in any special conditions agreed by the parties. Any special conditions are always strictly limited to the object or transaction they concern and are strictly interpreted. The present general conditions and any annexes thereto replace and cancel any agreement, communication, offer, proposal or correspondence, whether verbal or written, which was previously exchanged or concluded between the parties and which relates to the subject matter hereof.
1.4. The Customer declares they have the capacity to enter into this contract.
1.5. The Consumer declares that they are entering into a private contract and are not purchasing IKONIC products with a view to reselling them.
1.6. The failure of IKONIC to implement any of the provisions of these terms and conditions shall not be deemed or construed as a waiver of its subsequent application or of the application of the other provisions of these terms and conditions by IKONIC.
ARTICLE 2 - PRODUCT OFFER
2.1. The products and conditions listed on the IKONIC website, www.ikonicsaddlery.com or in the IKONIC catalogue are subject to change and availability.
2.2. All offers issued by IKONIC (whether in paper or electronic form) are valid for a period of one month unless otherwise stated in the offer.
2.3. All product offers and delivery terms are subject to availability. IKONIC undertakes to inform the Customer as soon as possible in the event that a product is not available after an offer has been made.
ARTICLE 3 - PRICE
3.1. The prices are in euros, including taxes.
3.2. IKONIC reserves the right to modify their prices. However, the prices applicable to a Customer are those in force at the time of the Customer's order as confirmed.
3.3. The prices include the VAT applicable on the day of the order. IKONIC may pass on to the Customer any changes in VAT rates which occur before the delivery date, without the Customer being informed thereof in advance. The VAT rules of Directive 2019/1995 on the common system of value added tax are applicable in the case of a supply in Belgium or outside Belgium but within the territory of the European Union.
3.4. The prices do not include a contribution to the processing costs (postage, packaging and preparation of the package). Postage, packing and package preparation costs are charged according to the weight and volume of the package (including packaging and any gifts), the place of delivery and the carrier or mode of transport chosen. The delivery of IKONIC products is carried out by a third- party carrier whose prices are indicated on the IKONIC website for information purposes. The actual costs are indicated to the Customer on the order form.
3.5. Without prejudice to any other penalties, IKONIC may charge the customer additional costs if the customer requests a change in the delivery time or place, refuses to accept the delivery on the agreed date or provides IKONIC with incorrect information.
ARTICLE 4 - ORDER
4.1. The order by the Customer is made by filling in and signing the document entitled "IKONIC Product Order Form" or on the IKONIC website.
4.2. All orders are subject to acceptance by IKONIC. IKONIC reserves the right to refuse any order from a Customer or to make it conditional upon payment of a deposit.
4.3. In order to place an order on the website www.ikonicsaddlery.com, the Customer must for their first order create an account and then identify themselves with their email address and password.
4.4. The internet order will only be definitively registered after the last validation of the payment screen of the validated order. The Customer will receive an email confirming that the order has been taken into account by IKONIC.
4.5. The validation of an order implies express and irrevocable acceptance by both parties of the price and descriptions of the products sold.
4.6. If the products ordered are sold out or unavailable, IKONIC will immediately inform the customer and offer to either cancel the order free of charge or replace it with an order of equivalent products.
ARTICLE 5 - PAYMENT BY THE CUSTOMER
5.1. When the Customer places a "paper" order which is validated by IKONIC, they must immediately make payment of the agreed deposit or price by bank transfer in accordance with the instructions mentioned on the Order Form.
5.2. When the Customer places an order on the IKONIC website, they then make the online payment by means of a credit/debit card according to the instructions of the website. IKONIC uses the secure payment service MOLLIE. The banking data entered by the user of the site are encrypted (SSL/MD5 security standard).
5.3. If the Customer fails to make the agreed payments, IKONIC may suspend the delivery of the products to them, without prejudice to the possibility of seeking compulsory execution or termination of the contract and the payment of damages.
5.4. In the event of late payment of an invoice, the sums due shall be increased automatically and without prior notice by late payment interest of 8% per year of the principal amount of the invoice, from the due date until full payment of the amounts due and a fixed collection fee of 10% of the amount of the invoice with a minimum of €75, without prejudice to the right of IKONIC to claim full compensation for its actual loss.
ARTICLE 6 - DELIVERY TO THE CUSTOMER
6.1. The delivery times announced by IKONIC on its website are calculated in working days and are given for information purposes, taking into account the preparation, dispatch and delivery times.
6.2. Subject to the Customer's compliance with their obligations, the actual delivery date or time is communicated to the Customer in working days when the order is validated.
6.3. These deadlines are strictly applicable for Consumers unless they cannot be met due to unforeseeable circumstances beyond IKONIC's control which make it impossible or substantially more difficult or onerous to fulfil IKONIC's obligations and the purchaser has been informed of this at the latest on the date of delivery, if applicable, by offering an extension of the delivery time. If the Consumer accepts the proposed extension of the delivery time, if the new delivery time is exceeded they may terminate the contract by registered letter within one month after the end of the extension. In this case, the sums already paid will be reimbursed to them within 8 days of the notification of his termination.
6.4. For Businesses, delivery times are given as an information purposes. Any delay in relation to these delivery times shall not give rise to any deductions, penalties, compensation and/or indemnification by IKONIC.
6.5. If the customer does not take delivery on the agreed date, IKONIC may after formal notice terminate the contract by registered letter, unless the failure to take delivery is due to force majeure.
6.6. In the case referred to in Article 6.5, IKONIC may also claim compensation from the Customer for the damage suffered, set at a flat rate of 15% of the sale price excluding taxes, without prejudice to the possibility for IKONIC to claim full compensation for its loss.
6.7. The sale shall be cancelled automatically if the delivery becomes definitively impossible due to force majeure.
ARTICLE 7 - TRANSFER OF OWNERSHIP AND OF RISKS
7.1. The transfer of ownership of the IKONIC products to the Customer is made on the date of full payment of the price by the latter in principal and ancillaries.
7.2. However, the risks are transferred to the Business Customer as soon as the order is placed and to the Consumer Customer as soon as they (or the third party designated by them) takes physical possession of the products.
ARTICLE 8 - RIGHT OF WITHDRAWAL FOR CONSUMERS
8.1. The Consumer has a period of fourteen (14) days from the date of delivery of the order to return any item which does not meet their expectations, in its original packaging and in perfect condition, suitable for resale, and to request an exchange or refund by returning the item, without any penalty excluding the cost of returning it.
8.2. To exercise the right of withdrawal, the Customer must send an email to email@example.com and the IKONIC products must be returned, together with the correctly completed delivery note included in the package to the IKONIC registered office: Brusselsesteenweg 99 in 1560 Hoeilaart - Belgium.
8.3. The Consumer's bank account will be credited with the amount of the returned IKONIC product(s) within fourteen (14) days from the date of receipt of the products by IKONIC.
8.4. The shipping costs remain at the expense of the consumer in the event of return of only part of the IKONIC products.
8.5. IKONIC products which are returned incomplete, damaged or soiled by the user will not be accepted. Articles which are personalised or made to the specifications of the website user or the purchaser are also excluded from the right of withdrawal.
ARTICLE 9 - WARRANTY
9.1. The customer is obliged to examine the IKONIC products immediately upon receipt and to notify IKONIC without delay by registered letter and by email to firstname.lastname@example.org . The customer shall promptly notify IKONIC of any apparent defects and any deviations from the contractual specifications, i.e. any defects which can be quickly detected by careful and thorough inspection, in particular those relating to the characteristics and functioning of the products.
If the IKONIC products seem to have been opened or if they show obvious signs of deterioration, a complaint must be addressed to the carrier and to IKONIC by registered letter with acknowledgement of receipt within three working days following the delivery of the products.
9.2. In accordance with Articles 1649 bis to 1649 octies of the Civil Code, IKONIC shall be liable to Consumers for any lack of conformity which exists at the time of delivery of the goods and which appears within a period of two years after delivery.
9.3. The defect referred to in Article 9.2 shall however be deemed not to exist if at the time of the conclusion of the contract the consumer was aware of the defect or could not reasonably have been unaware of it or if the lack of conformity has its origin in materials supplied by the consumer.
9.4. It is agreed that the consumer must notify IKONIC of any lack of conformity by registered mail with acknowledgement of receipt and by email to email@example.com within a maximum of two (2) months from the day they noticed the defect. Failure to comply with this obligation will result in the loss of the consumer's rights.
9.5. Where applicable, the common law of the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code will apply at the end of the two-year period for Consumers, and from the time of sale for Businesses. In this case, the two (2) month period of notification of defect will still apply.
9.6. The customer shall have no warranty rights if the supplier's recommendations have not been followed, if the Product has been modified or in the event of abnormal use of the Product. Likewise, the warranty cannot be invoked in the event of normal wear and tear or an accident.
9.7. The warranty is limited to the repair or replacement of the defective products, or to a price reduction or reimbursement in all cases, and without prejudice to the applicable mandatory provisions and to Article 10.
9.8. No product may be returned without the prior written permission of IKONIC, which can be requested by email at firstname.lastname@example.org . Such permission is in any case subject to all reservations and without any acknowledgment which is prejudicial to IKONIC.
ARTICLE 10 - LIABILITY
10.1. IKONIC has only an obligation of means for all stages of access to the website, the ordering process and the subsequent services.
10.2. IKONIC cannot be held liable for any inconvenience or damage caused by the use of the Internet, in particular an interruption of service, an external intrusion or the presence of computer viruses.
10.3. IKONIC shall not be liable for failure to fulfil its contractual obligations due to force majeure, including but not limited to strikes, fire, disasters, breakdowns, etc.
10.4 Unless IKONIC is guilty of fraud, only the warranties set forth in these terms and conditions shall apply, to the exclusion of any other liability of IKONIC. IKONIC shall only be liable to Consumers for gross negligence on its part or on the part of its employees or agents, for the non-performance of an obligation consisting of one of the main services of the contract (except in the case of force majeure) or in the event of the death of the Consumer or personal injury to the latter resulting from an act or omission of IKONIC.
ARTICLE 11 - MODIFICATIONS
11.1. IKONIC reserves the right to modify the present Terms and Conditions of the sale any time. Any new version of the latter will be announced in advance on the website www.ikonicsaddlery.com or communicated to the purchaser at the time of ordering.
11.2. Customers who do not desire the contractual relationship to be governed by the new version of the General Terms and Conditions of Sale applicable to all new orders must stop placing orders with IKONIC.
Article 12 - COMPLAINTS
Any complaint or request for information about IKONIC products, payments, orders or delivery can be made through the contact form on the website www.ikonicsaddlery.com.
ARTICLE 13 - PRIVACY
13.1. All personal data collected by IKONIC are collected in compliance with the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016.
13.2. This data is transferred in some cases (e.g. for payment methods to our service provider MOLLIE), or collected and then transferred for different delivery methods with carriers, or for statistical purposes or to improve the use of the website. Ikonic may transfer the collected data to its carefully selected business partners, located in Belgium or in the European Union, who collaborate with the responsible in the marketing of products or the provision of services. No transfer of personal data outside the European Union is made by the responsible.
13.3. The user has free access to their data to request, if necessary, rectification, modification or deletion by visiting www.ikonicsaddlery.com or by submitting a simple request in accordance with Article 12.
13.4. If necessary, IKONIC may transfer its user database to a third party, subject to the prior agreement of the Customer. Customers may then exercise their right to object to this transfer by email or by registered letter.
Article 14 - NULLITY
14.1. Provisions which violate a legal or regulatory provision of public policy or mandatory law shall be deemed unwritten, without this nullity affecting the validity of the said general conditions as a whole, unless the provision criticised is decisive for the agreement as a whole.
14.2. In the event that the provision in question affects the very nature of the contractual relationship, each party shall endeavour to negotiate immediately and in good faith a valid provision of equivalent economic effect or, at the least as close as possible to the effect of the annulled provision to the extent permitted by law. The same power will be given to the judge in case of a dispute.
ARTICLE 15 - APPLICABLE LAW AND DISPUTES
15.1. The relationship between IKONIC and the Customer is exclusively governed by the provisions of Belgian law.
15.2. The Customer shall first contact IKONIC to obtain an amicable solution to the dispute.
15.3. Without prejudice to Article 15.2, any dispute as to the existence, validity, performance, breach or interpretation of this agreement shall, prior to any legal action, be submitted to mediation, in accordance with Articles 1724 et seq. of the Judicial Code.
15.4. If this mediation procedure fails, the dispute will fall under the exclusive jurisdiction of the courts of the judicial district of Walloon Brabant, without prejudice to any mandatory or public order provisions which may govern the situation.