GENERAL TERMS AND CONDITIONS OF SALE – IKONIC SADDLERY
ARTICLE 1 – PURPOSE
1.1. These general terms and conditions govern the contractual relationship between, on the one hand, IKONIC SADDLERY SRL (hereinafter ‘IKONIC’), BCE 806.205.135, with 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 persons who are consumers (hereinafter ‘the Consumer’) or companies within the meaning of Article I.1 of the Economic Law Code (hereinafter ‘the Company’).
1.2. Any order implies the Customer's irrevocable acceptance of these general terms and conditions of sale, which the Customer confirms having read.
1.3. The parties agree that their relations shall be governed exclusively by these general terms and conditions, which constitute the Contract between them, unless otherwise specified in any special conditions accepted by the parties. Any special conditions are always strictly limited to the subject matter or transaction to which they relate and are to be interpreted strictly. These general terms and conditions and any annexes thereto replace and cancel any agreement, communication, offer, proposal or correspondence, whether verbal or written, previously exchanged or concluded between the parties and relating to the subject matter hereof.
1.4. The Customer declares that they have the capacity to enter into this contract.
1.5. These general terms and conditions apply to both Consumers and Businesses. Resellers, shops and saddle fitters contract as professionals.
1.6. Failure by IKONIC to implement any of the provisions of these general terms and conditions shall in no way be construed or interpreted as a waiver of its subsequent application or of the application of the other provisions of these general terms and conditions by IKONIC.
ARTICLE 2 - PRODUCT OFFER
2.1. The products and conditions appearing on the IKONIC website, www.ikonicsaddlery.com, or in the IKONIC catalogue are subject to change and availability.
2.2. Any offer made by IKONIC, whether in paper or electronic form, is valid for a period of one month, unless otherwise stated in the offer.
2.3. All product offers and delivery terms are valid while stocks last. In the event that a product is unavailable after an offer has been issued, IKONIC undertakes to inform the Customer as soon as possible.
ARTICLE 3 - PRICES
3.1. Prices are quoted in euros, including taxes for private customers in the EU.
3.2. IKONIC reserves the right to change its prices. However, the prices applicable to a Customer are those in force at the time of the Customer's confirmed order.
3.3. Prices include VAT at the rate in force on the date of the order. IKONIC may pass on to the Customer any changes in VAT rates that occur before the delivery date, without prior notice to the Customer. The rules applicable to VAT under Directive 2019/1995 on the common system of value added tax are applicable in the case of delivery in Belgium or outside Belgium but within the territory of the European Union.
3.4. For all products shipped outside the European Union and to the French overseas departments and territories, VAT will not be applicable, but customs/import duties or other local or state taxes may be payable. These duties and sums are not the responsibility of IKONIC. They shall be borne by the Customer and are entirely the Customer's responsibility, both in terms of declarations and payments to the relevant authorities and bodies in their country/locality. We advise you to check with your local authorities about these aspects.
3.5. Prices do not include processing costs (postage, packaging and preparation of the parcel). Postage, packaging and preparation of the parcel are invoiced according to the weight and volume of the parcel (including any packaging and gifts), the place of delivery and the carrier or mode of transport chosen. IKONIC products are delivered by a third-party carrier, whose prices are indicated for information purposes on the IKONIC website. The actual costs are indicated to the Customer on the order form.
3.6. If the Customer requests a change in the delivery time or place, refuses to take delivery on the agreed date or provides IKONIC with incorrect information, IKONIC may charge the Customer additional costs, without prejudice to other penalties.
ARTICLE 4 - ORDER
4.1. The Customer places an order by completing 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 subject to the 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 log in with their email address and password.
4.4. The online order will only be definitively registered once the payment screen for the confirmed order has been validated. The Customer will receive an e-mail confirming that the order has been taken into account by IKONIC.
4.5. The validation of an order constitutes express and irrevocable acceptance of the price and descriptions of the products sold by both parties.
4.6. When an order relates to a personalised product or a product made to the Customer's specifications, the start of production makes any modification or cancellation difficult, if not impossible, due to the personalised nature of the manufacturing process. IKONIC will inform the Customer of the feasibility of any possible adaptation, without any guarantee being given at this stage.
ARTICLE 4bis – CUSTOMISED PRODUCTS
4bis.1. Customised products, within the meaning of Article 8.5, are considered to be all products manufactured or assembled according to the Customer's specifications, including, but not limited to, the choice of size, arch opening, colour, type of leather, technical options, panels, stitching, mounted accessories or any other specific characteristics requested by the Customer.
4bis.2. Customised products are not subject to any right of withdrawal or cancellation, in accordance with Article VI.53 of the Economic Law Code. All customised orders are final and binding upon confirmation by IKONIC.
4bis.3. A deposit paid for a customised product is irrevocable and cannot be refunded, except in the event of proven serious misconduct on the part of IKONIC.
ARTICLE 5 - PAYMENT BY THE CUSTOMER
5.1. IKONIC orders can be placed either directly by the Customer via the IKONIC website or through the Customer's designated sales representative, who enters the order into the IKONIC system in accordance with the requirements communicated by the Customer.
5.2. Payment shall be made either online at the time of ordering, using a secure payment system that complies with applicable standards, or by bank transfer before the goods are dispatched. In certain cases and on the basis of a specific agreement validated in advance, IKONIC may authorise the Customer to pay after receipt of the goods, provided that the Customer provides financial guarantees deemed sufficient.
5.3. Online payment is recommended in order to allow for rapid processing of the order and its inclusion in the logistics flow. When the Customer opts for payment by bank transfer, the order will only be prepared and/or shipped after actual receipt of payment in IKONIC's account, unless specifically agreed otherwise.
5.4. If the Customer fails to make the agreed payments, IKONIC may suspend the preparation or delivery of the products, without prejudice to the possibility of seeking enforcement or termination of the contract and payment of damages.
5.5. In the event of late payment of an invoice, the amounts due shall be increased, automatically and without prior notice, by late payment interest of 8% per annum calculated on the principal amount of the invoice, from the due date until full payment, as well as a fixed compensation of 10% of the invoice amount, with a minimum of £75, without prejudice to IKONIC's right to claim full compensation for its actual loss, if this is greater.
ARTICLE 6 - DELIVERY TO THE CUSTOMER
6.1. The delivery times announced by IKONIC on its website are calculated in working days and are provided for information purposes only, taking into account preparation, dispatch and delivery times.
6.2. The actual delivery date or time frame is communicated to the Customer in working days when the order is confirmed (subject to the Customer fulfilling their obligations).
6.3. For Consumers, these delivery times are strictly applicable, unless they cannot be met due to unforeseeable circumstances beyond IKONIC's control that make it impossible or substantially more difficult or costly for IKONIC to fulfil its obligations, and the purchaser has been informed of this no later than the delivery date, where applicable, by offering an extension of the deadline. If the Consumer accepts the proposed extension of the deadline, they may, in the event of this new deadline being exceeded, terminate the contract by simple registered letter, within one month of the end of the extension. In this case, any sums already paid will be refunded within 8 days of notification of termination.
6.4. For Businesses, delivery times are given as an indication only. No delay in relation to these times shall give rise to any deductions, penalties, compensation and/or damages by IKONIC.
6.5. If the Customer does not take delivery on the agreed date, IKONIC may, after formal notice, terminate the contract automatically, by simple registered letter, unless the failure to take delivery is due to a case of force majeure.
6.6. In the case referred to in Article 6.5. IKONIC may also claim compensation from the Customer for the loss suffered, set at a flat rate of 15% of the pre-tax sale price, without prejudice to IKONIC's right to claim full compensation for its loss.
6.7. If delivery becomes definitively impossible due to the occurrence of a case of force majeure, the sale shall be terminated automatically.
6.8. Customs duties and taxes payable on delivery outside the EU are the responsibility of the customer. These charges are payable to the carrier prior to delivery. Please check with the authorities in your country to see if any charges apply.
ARTICLE 6bis – LOGISTICS TERMS AND CROSS DOCK SYSTEM
6bis.1. Many IKONIC products are manufactured or assembled according to the Customer's specifications. Once the order has been sent to production, any modification or cancellation becomes difficult, if not impossible, due to the customised nature of the manufacturing process. IKONIC will inform the Customer of the feasibility of any possible adaptation, without any guarantee being given at this stage.
6bis.2. Once production is complete, orders are integrated into a cross dock logistics flow, consisting of the receipt of grouped batches, their sorting and individual re-shipment by a third-party logistics provider. Once the order has entered this logistics phase, no cancellation or modification is possible, as the shipping process is irreversible.
6bis.3. Orders are integrated into shipping batches according to the schedules and availability of logistics partners, regardless of the mode of transport used. Late payment may result in a delay in the inclusion of the order in a batch. IKONIC recommends the use of online payment to avoid any delays.
6bis.4. Information about the carrier responsible for the last mile and the tracking number are only available after the parcel has been finally taken over by the carrier.
6bis.5. IKONIC cannot be held responsible for delays, losses, additional costs or logistical difficulties for which the carrier responsible for the last mile or any other external party is responsible, once the latter has physically taken possession of the parcel.
ARTICLE 7 - TRANSFER OF OWNERSHIP AND RISKS
7.1. The transfer of ownership of IKONIC products to the Customer takes place on the day of full payment of the price, in principal and accessories, by the latter.
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 they designate) take physical possession of the products.
ARTICLE 8 - RIGHT OF WITHDRAWAL FOR CONSUMERS
8.1. The Consumer (non-professional BtoC) has a period of fourteen (14) days from the date of delivery of the order to return any item that does not suit them, in its original packaging and in perfect condition, suitable for resale, and to request an exchange or refund by returning the item, without penalty, except for the return shipping costs.
8.2. If the right of withdrawal is exercised, the Customer must send an email to info@ikonicsaddlery.com and the IKONIC products must be returned, accompanied by the delivery note found in the package, carefully completed, to the IKONIC headquarters: Brusselsesteenweg 99, 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 of the date of receipt of the products by IKONIC.
8.4. If only part of the IKONIC products are returned, the shipping costs shall remain the responsibility of the consumer.
8.5. IKONIC products returned incomplete, damaged or soiled by the user will not be accepted. Goods that have been personalised or made to the specifications of the website user or purchaser are also excluded from the right of withdrawal.
ARTICLE 8bis – SADDLE TRIALS
8bis.1. IKONIC may, where applicable, make trial products available to the Customer for a limited period. The duration of the trial, the amount of any deposit and the terms and conditions of return are set by IKONIC and communicated to the Customer before the product is sent.
8bis.2. The Customer is responsible for the storage, maintenance and normal use of the product throughout the trial period. Any deterioration, excessive soiling, modification, impact, deformation or damage noted upon return may result in an invoice for the necessary repairs or, in the event of irreversible damage, for the total price of the product.
8bis.3. At the end of the trial period, the Customer undertakes to return the product to the address indicated by IKONIC, at the Customer's expense, in a clean condition and in accordance with normal use. Any delay in returning the product may result in the application of a fixed compensation fee of £15 per day of delay.
8bis.4. If the product is not returned within fourteen (14) days after the end of the trial period, and after a written reminder, IKONIC reserves the right to automatically invoice the Customer for the total value of the product.
ARTICLE 9 - WARRANTY
9.1. The Customer is required to examine IKONIC products upon receipt and to notify IKONIC promptly, by registered letter and by email to info@ikonicsaddlery.com, of any apparent defects and any discrepancies with the contractual specifications, i.e. any defects that can be quickly detected by careful and thorough inspection, in particular those relating to the characteristics and functioning of the products.
If IKONIC products appear to have been opened or show obvious signs of damage, a complaint must be sent to the carrier and to IKONIC, by registered letter with acknowledgement of receipt, within three working days of 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 that exists at the time of delivery of the goods.
9.3. However, the defect referred to in Article 9.2 shall be deemed non-existent if, at the time of 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 originates in the materials supplied by the consumer.
9.4. It is agreed that the consumer must notify IKONIC of any lack of conformity by registered letter with acknowledgement of receipt and by email to info@ikonicsaddlery.com within a maximum period of two (2) months from the day on which the defect was discovered. Failure to comply with this obligation will result in the loss of the consumer's rights.
9.5. Upon expiry of the time limit for Consumers, and immediately upon sale for Businesses, the common law guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code shall apply, where applicable. In this case, the two (2) month notification period shall remain applicable.
9.6. The customer shall have no right to a warranty if the supplier's recommendations have not been followed, in the event of modification of the Product or in the event of abnormal use of the Product. Similarly, the warranty cannot be invoked in the event of normal wear and tear or accident.
9.7. In all cases, and without prejudice to the applicable mandatory provisions and Article 10, the warranty is limited to the repair or replacement of defective products, or to a price reduction or refund.
9.8. No product may be returned without the prior written authorisation of IKONIC, which may be requested by email at info@ikonicsaddlery.com. Such authorisation is in any event subject to all reservations and without any prejudicial acknowledgement by IKONIC.
9.9. IKONIC leather products are made from natural materials that may vary slightly in colour, texture or grain. These characteristics do not constitute a defect. The warranty does not cover damage resulting from improper care, storage in a damp or excessively hot environment, the use of non-recommended products, or excessive exposure to sunlight or the elements. The warranty is also excluded in the event of structural modification of the product, in particular the saddle tree, panels or foam, or when the adjustment or maintenance recommendations have not been followed. IKONIC cannot be held liable for damage resulting from incorrect adjustment, improper fitting or incorrect intervention by a retailer or independent saddle fitter.
ARTICLE 9bis – MANDATORY PRODUCT RETURNS
9bis.1. In the context of product replacements, sponsorship programmes or any commercial provision, the Customer undertakes to return the product(s) initially supplied within the period agreed with IKONIC. This period is specified by IKONIC at the time of dispatch of the new product(s).
9bis.2. Returned products must be properly cleaned, free of visible dirt, and in reasonable condition to allow for their subsequent resale. IKONIC reserves the right to refuse a product returned in a non-compliant condition or to apply a repair fee.
9bis.3. In the event of a delay exceeding fourteen (14) days after the expiry of the agreed period, IKONIC may apply a fixed compensation corresponding to the damage suffered, set at £15 per day of delay, without prejudice to IKONIC's right to invoice the value of the product in the event of prolonged non-return.
9bis.4. In the event of non-return or loss of the product, IKONIC may invoice the Customer for the value of the new product sent or the value of the replaced product, depending on the applicable situation.
ARTICLE 10 - LIABILITY
10.1. IKONIC has only an obligation of means for all stages of access to the site, the ordering process or subsequent services.
10.2. IKONIC cannot be held liable for any inconvenience or damage caused by the use of the Internet, including service interruption, external intrusion or the presence of computer viruses.
10.3. IKONIC shall not be liable for any breach of its contractual obligations due to force majeure, including, but not limited to, strikes, fires, disasters, breakdowns, etc.
10.4. Only the guarantees provided for in these terms and conditions shall apply, to the exclusion of any other liability on the part of IKONIC, except in the case of wilful misconduct on its part. With regard to Consumers, IKONIC shall only be liable, in addition to its fraud, in the event of gross negligence on its part or on the part of its employees or agents, in the event of non-performance of an obligation consisting of one of the main services of the contract (except in cases of force majeure) or in the event of the death of the consumer or bodily injury caused to the consumer resulting from an act or omission by IKONIC.
ARTICLE 11 - MODIFICATIONS
11.1. IKONIC reserves the right to modify these general terms and conditions of sale at any time. Any new version of these terms and conditions will be posted in advance on the website www.ikonicsaddlery.com or communicated to the buyer at the time of their order.
11.2. Customers who do not wish their contractual relations to be governed by the new version of the General Terms and Conditions of Sale applicable to any new order must cease placing orders with IKONIC.
ARTICLE 12 - COMPLAINTS
Any complaints or requests for information about IKONIC products, payment, orders or delivery may be submitted using the contact form available on the website www.ikonicsaddlery.com.
ARTICLE 13 - PRIVACY
13.1. All personal data collected by IKONIC is collected in accordance with the General Data Protection Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016.
13.2. In certain cases, this data is transferred (e.g. for payment methods to our service provider), or collected and then transferred for the various delivery methods with carriers, or for statistical purposes or to improve the use of the website. IKONIC may transfer the data collected to its carefully selected business partners located in Belgium or the European Union who collaborate with the data controller in the marketing of products or the provision of services. No transfer of personal data outside the European Union is carried out by the data controller.
13.3. Users have free access to their data and may request, if necessary, its rectification, modification or deletion by visiting the website www.ikonicsaddlery.com or by submitting a simple request in accordance with Article 12.
13.4. IKONIC may transfer its user database to a third party, where applicable, with the prior consent of the Customer. Customers may therefore exercise their right to object to this transfer by email or registered letter.
ARTICLE 14 - INVALIDITY
14.1. Any provisions that violate a legal or regulatory provision of public order or mandatory nature shall be deemed unwritten, without this invalidity affecting the validity of these general terms and conditions as a whole, unless the provision in question is decisive for the agreement itself.
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 with an equivalent economic effect or, at the very least, as close as possible to the effect of the invalid provision to the extent permitted by law. The same power shall be conferred on the judge in the event of a dispute.
ARTICLE 15 - APPLICABLE LAW AND DISPUTES
15.1. The relationship between IKONIC and the Customer is governed exclusively by the provisions of Belgian law.
15.2. The Customer shall first contact IKONIC to seek an amicable solution to the dispute between them.
15.3. Without prejudice to Article 15.2, any dispute concerning the existence, validity, performance, termination 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 shall fall within the exclusive jurisdiction of the courts of the judicial district of Walloon Brabant, without prejudice to any mandatory or public policy provisions that may govern the situation.
IKONIC also reserves the right to bring an action against the Client before the competent courts of the Client's domicile or registered office.