General Terms of Sale
ARTICLE 1 – SUBJECT
1.1. The present general terms govern the contractual relations between, on the one hand, IKONIC SADDLERY, LTD (hereafter referred to as “IKONIC”), BCE 0846.205.135, based at Brusselsesteenweg 99, 1560 Hoeilaart, Belgium and on the other hand, all natural persons (consumers) wishing to purchase an IKONIC product without the intermediary of the website www.ikonicsaddlery.com (hereafter referred to as the buyer) or upon visiting and/or wishing to make a purchase on the website www.ikonicsaddlery.com (hereafter referred to as website user)
1.2. Every user of the website or buyer of IKONIC are considered contracting in their private capacity.
1.3. The present terms aim at defining the terms and conditions of remote selling between IKONIC and the website user or the buyer, of ordering products, payment, and delivery. They set all the necessary steps in the placing of an order and they ensure the monitoring of this order between the contracting parties on the website www.ikonicsaddlery.com.
1.4. Each order irrevocably binds the website user or the buyer to the general terms of sale. The parties recognize that their relations shall be governed exclusively by the terms that constitute the contract, except derogation in the possible particular conditions accepted by the user of the website or the buyer.
1.5. The website user or the buyer declare having the capacity to close the present agreement and to have the necessary majority.
1.6. The website user or the buyer likewise declare that he or she will not proceed to purchase IKONIC products in view of re-selling them, except in the case of having been explicitly authorized by IKONIC to do so.
1.7. The present general terms of sale form an integral part of the offers or of each agreement concluded between IKONIC and the website user or the buyer.
1.8. The contractual relations between IKONIC and the buyer or website user can be made in French, Dutch, English or German, upon the choice of the buyer or the website user and subsequent transactions may likewise be done in one of these three languages. In no circumstances the buyer or website user can invoke insufficient knowledge of their language of choice to claim the non-applicability of one or more of the conditions in the present general terms of sale. By default, the language used in the context of contractual relations between IKONIC and the buyer or website user shall be French.
1.9. The particular conditions proposed to the buyer or the website user are always strictly limited to the object or operation that concerns them. They admit only of strict interpretation and they do not otherwise prevent the application of these general terms.
1.10. The absence of the implementation by IKONIC of one of the provisions of these general terms is in no circumstance to be equated with or interpreted neither as (I) a renunciation of its later application, nor (ii) as a renunciation of the application of other provisions of these general terms by IKONIC.
ARTICLE 2 – PRODUCT OFFERING
2.1. Each offer issued by IKONIC to a buyer, whether made in paper or electronic form, is valid for the duration of one month, except in the case of a contrary stipulation mentioned in the offer.
2.2. The IKONIC website, www.ikonicsaddlery.com, is an internet site devoted to the sale of horse riding equipment for the cavalier and for the horse.
2.3. The products offered for sale by IKONIC are those that are featured on the website www.ikonicsaddlery.com on the day of the website user’s visit or those that are offered to the buyer as featured in the IKONIC catalogue on the day that the order form is signed by the same.
2.4. All product offerings and modes of delivery are available in Belgium, contingent upon the availability of stock.
2.5. In the event a product is unavailable after the execution of an order by a buyer or a website user, IKONIC shall inform the buyer or website user as soon as possible.
ARTICLE 3 - PRICE
3.1. Prices are drawn up in euros, taxes and fees included and are understood excluding processing fees (postage, packing, and packaging of parcels).
3.2. The port fees are calculated on the basis of the weight and volume of the parcel (packs and gifts possibly included), the place of delivery, the carrier, and the mode of transport chosen. These are provided to the website use or the buyer before the definitive placement of the order or on the purchase order.
3.2. The prices are in principle not subject to change and take the VAT in effect on the day of placing the order into account. IKONIC can pass on to the buyer or website user the VAT modifications that take place before the date of delivery, without having to inform the latter beforehand.
3.3. If the buyer or the website user requests the period or place of deliver to be modified, if he or she refuses to accept the delivery on the agreed upon day or communicates wrong information to IKONIC, IKONIC can charge him or her supplementary fees.
3.4. IKONIC reserves the right to modify its prices, but commits itself to the application of tariffs in effect made available to the website user at the moment of the placing of the order or, in the case of the buyer, at the moment of the confirmation of the order by IKONIC.
3.5. The rules applicable with regard to the VAT and in virtue of directive 2006/112/CE in relation to the communal tax system on the added value are applicable in the case of delivery in Belgium or outside of Belgium but within the territory of the EEA.
ARTICLE 4 – THE BUYER’S ORDER
4.1. The buyer’s order is made by filling out and signing the document called “Purchase order for IKONIC products”.
4.2. The buyer declares awareness and irrevocable acceptance of the present general terms of sale before the placing of the order. The validation of the order by IKONIC is tantamount to the express and irrevocable acceptance of the prices and descriptions of the products available for sale.
4.3. IKONIC reserves the right to refuse any order of a buyer.
4.4. After the purchase order has been validated by both the buyer and IKONIC, the buyer can no longer modify it but he or she may always make a new complimentary order if he or she so desires.
ARTICLE 5 – THE WEBSITE USER’S ORDER
5.1. For the purpose of placing an order on the website www.ikonicsaddlery.com, the website user should identify himself or herself beforehand with his/her email address and password. For all first time purchases, the website user should create a user account.
5.2. The user account permits the user to order online, follow his or her purchase history, and to print out his or her invoices.
5.3. For the purpose of creating a user account, the website user must complete a form containing the following information: title, first name, last name, date of birth, complete delivery address and invoice address, telephone number, an email address, and a password.
5.4. The creation of a user account is a precondition for the saving and dispatch of the order.
5.5. The website user declares having knowledge of and irrevocably accepts these general terms of sale before the placing of an order. The validation of the order is tantamount to the explicitly and irrevocable acceptance of the prices and the descriptions of the products available for purchase.
5.6. For the purpose of allowing the website user to cancel his or her order before its definitive validation, the validation and acceptance screens are expressly and deliberately at the end of the order process. The order shall only be definitively placed on the last validation of the payment screen of the confirmed order, that is to say upon the payment of the price.
5.7. The website use shall receive an email confirming that the order has been taken into account by IKONIC.
5.8. The set of givens furnished by the website user from the moment of the processing of the order and the saved confirmation of this order constitute proof of the online sale of IKONIC products to the website user.
5.9. IKONIC reserves the right to refuse any order of a website user.
5.10. At all times, even after having placed, definitively confirmed and paid the order, the website user may add products to his or her shopping cart or add them to a new cart of IKONIC products.
ARTICLE 6 – PAYMENT BY THE BUYER
6.1. When the buyer places an order that is validated by IKONIC, he or she should pay the price via bank transfer to the account of the IKONIC company opened with the bank:
IBAN : BE39 7320 4877 8119
BIC : CREGBEBB
6.2. Upon receipt of the payment by IKONIC, it shall proceed with the delivery of IKONIC products and the invoice pertaining to the address indicated on the purchase order by the buyer within 30 days of the confirmation by the two parties of the purchase order.
6.3. In the absence of payment IKONIC is not bound to deliver IKONIC products to the buyer; the transfer of goods is carried out only upon the complete payment of the price.
ARTICLE 7 – PAYMENT BY THE WEBSITE USER AND PAYMENT SECURITY
7.1. The website user shall proceed to online payment by means of one of the following credit cards: Visa, Mastercard, Carte Bleue, American Express,
7.2. From the moment of finalizing the order process as described in article 5 above, the website user is invited to type in his or her credit card number, the expiration date of the credit card and likewise the last 3 numbers of the card security code visible on the back of the card.
7.3. Following the date of the order, a debit request on the bank account of the website user shall be sent to his or her bank. The order shall be considered effective after the confirmation from the payment facility.
7.4. In order to ensure the security of payments, IKONIC uses the secure payment system OGONE.
7.5. The bank information typed by the website user are encrypted (in the SSL security protocol) and thus do not circulate on the internet network and is not accessible to IKONIC.
7.6. In all cases, the provision online of his/her credit card number and the final validation of the order constitute proof of the integrity of the order and the enforceability of the payment of the due sum pursuant to the said order.
7.7. The bank account of the website user shall not be debited except when dispatching the available articles. In case the products are out of stock or unavailable, debiting shall not be executed except for the number of products actually dispatched.
7.8. In certain cases, such as a wrong address, problems with the user account or non-payment, IKONIC reserves the right to block the website user’s order until the problem is resolved.
7.9. For the purpose of countering fraud and particularly combating the fraudulent use of credit card numbers, IKONIC enjoys the freedom to verify the personal data provided by the website user and to adopt measures deemed necessary (for verification or cancelation of the order) for confirming whether the person whose credit card has been debited is in fact the same one who placed the order.
ARTICLE 8 – DELIVERY TO THE BUYER
8.1. The date or period of delivery agreed upon are to be enforced strictly, except when they cannot be met because of unforeseen circumstances beyond IKONIC ’s control, and which render it impossible or substantially more difficult or onerous the execution of IKONIC’s obligations and about which the buyer would be informed not later than the date of delivery and where necessary, an extension of the delivery period shall be proposed.
8.2. If the buyer has accepted the proposed extension of the delivery period, he or she can, in case this new period is not met, cancel the contract via a simple registered letter.
8.3. If the agreement does not mention any specific date or period of delivery, the delivery time is fixed at 30 working days, taking into account the signing of the purchase order by the two parties.
8.4. If the buyer refuses to receive the deliver on the agreed upon date, IKONIC can, after a formal notice, cancel the transaction will full rights via a simple registered letter.
8.5. In the circumstances referred to in article 8.4, IKONIC can likewise demand indemnity against the buyer corresponding to damages suffered, fixed at a flat rate of 10 percent of the price without taxes, except in case the buyer establishes that failure to receive the delivery is due to a force majeure. In this case, he or she is liable to pay supplementary delivery charges that shall be demanded by IKONIC.
8.6. If the delivery is definitively impossible due to the occurrence of a force majeure, the sale shall be dissolved without further formality.
ARTICLE 9 – DELIVERY TO THE WEBSITE USER
9.1. All the delivery periods provided by IKONIC on its website are calculated in terms of working days, mentioned for information purposes and indicated as subject to the confirmation of the order by the website user.
9.2. The date of delivery is calculated on the basis of the period of the preparation and dispatch, plus the period of delivery by the transport service UPS.
9.3. The order is dispatched to the address indicated by the website user from the moment of the placing of the order and IKONIC shall not be held responsible for the delivery of the products to an erroneous address, if such error results from the information furnished by the website user in the course of making the order.
9.4. In case the impossibility of delivering IKONIC products to the website user results from IKONIC’s actions, the website user shall be refunded the value of the order, net of the costs of processing of the outgoing and return shipment of IKONIC products.
9.5. The delivery of IKONIC products is executed through the use of the UPS transport service and the prices thereof are indicated on the website www.ikonicsaddlery.com, which in all cases are made available to the website user before the definitive placing of the order.
9.6. In case of delay in the delivery of IKONIC products, if the delivery is not accomplished within the period of 30 working days taking into account the validation of the order by IKONIC, the website user can cancel the order via a registered letter, except when the delay is due to a force majeure.
9.7. In case the order is cancelled because of the delay in delivery as mentioned in article 9.6. above, IKONIC shall proceed to reimburse the website user.
9.8. Without prejudice to the right of retraction as mentioned in article 11 below and which is available to the website user, the website user is responsible for verifying the arrival of the delivery and for making all claims and reservations that would be justified in view of refusing the IKONIC products, if they have been opened or if they bear traces of manifest deterioration.
9.9. The claims mentioned in article 9.8. above should be made and addressed to the transport service via a registered letter including an acknowledgement of receipt within 3 working days following the delivery of the IKONIC products; a copy thereof should be addressed and sent to IKONIC.
ARTICLE 10 – TRANSFER OF RISKS
10.1. The transfer of ownership of IKONIC products in the favor of the website user or the buyer is realized on the day of the latter’s payment of the entire due amount and indeed on the date of the delivery of the said articles.
10.2. The transfer of risks of loss or deterioration of IKONIC products occurs upon the delivery and reception of IKONIC products by the website user or the buyer.
ARTICLE 11 – RIGHT OF WITHDRAWAL
11.1. The website user enjoys a period of 14 days from the date of the delivery of the order to return every article that he or she finds unsatisfactory, in its original packaging and in perfect state, as appropriate for its re-sale, and to ask for a replacement or reimbursement, on the condition of returning the article via UPS, without extra charge excepting the return shipping fees.
11.2. In the case of the exercise of the right of withdrawal, IKONIC products should be returned, along with the fully accomplished delivery invoice included in the parcel, to the address indicated in article 1.1 of these general terms of sale.
11.3. The bank account of the website user shall be refunded the amount of the returned IKONIC product or products within 14 working days from the date of the receipt of the IKONIC products.
11.4. In case of the return of only a part of the IKONIC products, the return delivery fees shall be borne by the website user.
11.5. Returned IKONIC products that are incomplete, partial, damaged, or soiled by the user shall not be taken back. Goods that have been personalized or made according to the user’s specifications are equally excluded from the right of withdrawal.
ARTICLE 12 – GUARANTEE
12.1. The buyer or website user is requested to examine the IKONIC products upon their receipt and to let IKONIC know as soon as possible of possible apparent defects and of the possible discrepancies in connection to the contractual specifications, that is, all defects that can possibly immediately be detected by a conscientious and attentive inspection, particularly those that concern the features and the functionality of the equipment.
12.2. In accordance with articles 1649bis to 1649 octies of the Civil Code, IKONIC shall answer for the lack of conformity that existed from the moment of the delivery of the product and which appeared within a period of two years starting from the time of delivery.
12.3. The defect mentioned in article 12.2 shall nevertheless be considered inexistent if at the moment of the conclusion of the contract, the consumer recognized this defect or could not have reasonably ignored it or if the lack of conformity originates from the materials provided by the consumer.
12.4. It is agreed that the website user shall notify IKONIC of any lack of conformity, preferably by writing, within a maximum period of 2 months from the day he or she observed the defect. Failure to fulfill this obligation shall lead to the loss of the rights of the consumer.
12.5. At the expiration of the period of 2 years, the common law of the guarantee of latent defects of common law as stated in articles 1641 to 1649 of the Civil Code shall be applicable as the case requires. Under these circumstances, the withdrawal of 2 months mentioned in article 12.4 remains applicable.
12.6. This warranty is provided without prejudice to the legal warranty stated by articles 1641 to 1649 of the Civil Code and to the legal obligation to issue in accordance with articles 1649 a to 1649 octies of the Civil Code.
ARTICLE 13 - RESPONSIBILITY
13.1. IKONIC only has an obligation of means for all the stages of access to the website, the ordering process, the delivery or subsequent services.
13.2. IKONIC shall not be held responsible for all the inconveniences or damages incurred by the use of the internet, such as breach in service, outside intrusion or the presence of a computer virus, or for any event considered to fall under force majeure.
13.3. IKONIC shall not be held responsible for the failure to meet its contractual obligations in cases of force majeure or unforeseeable circumstances, including, but not limited to, strikes, fire, catastrophes, breakdowns, and in a general manner, any event that prevents the proper execution of the website user or buyer’s order.
ARTICLE 14 – DURATION AND MODIFICATIONS
14.1. These terms of sale are applicable in the entire duration of time that the products offered for sale by IKONIC are made available online or of the remote selling of these products as regards the specific case of the buyer.
14.2. IKONIC reserves the right to modify at any moment these general conditions of sale. Each new version of the same will be announced on the website www.ikonicsaddlery.com.
14.3. The website users or the buyer who do not wish their contractual relations to be governed by the revised General Terms of Sale that shall be applicable to all new orders should cease using the services offered by the website www.ikonicsaddlery.com or the buyer should stop sending purchase orders to IKONIC.
ARTICLE 15 – COMPLAINTS
All complaints or request for information about IKONIC products, the payment, and the order or delivery can be communicated by email, by airmail :
Email : firstname.lastname@example.org
Courrier : IKONIC SADDLERY SPRL, Brusselsesteenweg 99, 1560 Hoeilaart, Belgium
ARTICLE 16 - PRIVACY
16.1. All the personal data are collected by IKONIC in full respect of the law of 8 December 1992 relative to the protection of privacy in the processing of personal data, as amended by the law of 11 December 1998.
16.2. The data are transferred in certain cases (for instance, for the purposes of methods of payment, to our service provider OGONE), or collected and then transferred for the purpose of the different modes of delivery with our service provider UPS, or again for statistical purposes or with a view to improving the use of the website, but in no circumstance are they to be used for purposes other than those relating to the activities of the website.
16.3. While IKONIC does not have access to the card numbers used, such information can nevertheless be processed in the context of a refund to the website user.
16.4. Each user is entitled to access his or her information for the purpose of requesting, in case necessary, the correction, amendment or elimination of these by visiting the website www.ikonicsaddlery.com.
16.5. IKONIC can transfer, if the case requires, its own users database to a third party, with their prior agreement. Users may exercise their right of opposition to this transfer, by expressing their intention to IKONIC via email or by registered airmail.
ARTICLE 17 - INTEGRITY
17.1. Except in case there is a derogation in the offers or propositions coming from IKONIC
17.2. Provisions that violate legal or those regulatory of public order or imperative provisions are considered non binding, without this invalidity affecting these general terms in their entirety, except when the provision in question is determinant of the agreement itself.
17.3. In cases where the provision at hand would affect the nature itself of the contractual relations, each of the parties shall endeavor to negotiate immediately and in good faith a valid provision of equivalent economic effect or, at least, as close as possible to the benefit of the annulled provision.
ARTICLE 18 – GOVERNING LAW AND DISPUTES
18.1. Only Belgian law applies in respect to these general terms.
18.2. The website user or buyer shall preferably first turn to IKONIC for finding an amicable resolution of disputes that concern them.
18.3. Without prejudice to article 18.2. and under the expressed agreement between the parties to resolve the dispute, in relation to the conclusion, interpretation and execution or the resolution/termination of contractual relations between IKONIC and the website user or buyer, pursued by mediation, only the justice of the peace or the court of first instance of the Brussels civil court, in French, shall have authority.
18.4. IKONIC reserves the right to take proceedings against the website user or the buyer before a court having a jurisdiction in the former’s domicile or its principal base of business.