1. Validity of these General Terms and Conditions:
Growing Beans can change the General Terms and Conditions at any time. The placement of an order after a modification, implies that you have accepted that modification. The General Terms and Conditions may be supplemented by other terms and conditions if explicitly referred thereto. In the event of any conflict, the present General Terms and Conditions shall prevail.
1.2. We sell our products exclusively to consumers aged 18 or over and only in quantities that are customary for consumers.
2. Concluding an agreement:
2.2. The ordering procedure in the Mr Manchette webshop consists of the following steps:
* You can select individual products and collect them in an electronic basket by clicking on the “Basket” button. From the shopping cart you proceed to checkout by clicking on the button “Checkout”.
* Subsequently, you will need to register. If you haven’t used the Mr Manchette webshop yet, you will be asked to create a new user account by registering your contact details. If you are already a user, you will be asked to log in to your account. We require a minimum of personal data necessary to process your order.
* Afterwards you can choose the delivery method you prefer. You can have your order delivered free of charge to a Bpost store of your choice. Delivery is free of charge for orders of € 100 and up.
* Finally, you choose the desired payment method, enter the payment information and you will be asked to accept the General Terms and Conditions. By clicking on the “Place order” button you will then be redirected to the module of our payment provider (see below). Until you have clicked this button, you can modify the order and the details of your order at any time.
An order that is binding on you will only come into being once you have entered all the data required for the conclusion of the contract, when you have confirmed and accepted these general terms and conditions, when you have clicked on the “Order and pay safely” button and have successfully completed the payment via our payment provider’s module. The latter will be the case when the payment provider refers you to our website after payment.
At the end of this procedure you can print and/or save your order; an overview of your order can always be found in your personal account.
After you have placed your order, you will receive an automatically created confirmation of receipt of your order by e-mail. This confirmation of receipt only documents that your order has arrived with us; it is not an acceptance of the order and does not constitute a sales contract. The order is accepted by us through our delivery of the products. The order will be sent after receipt of your payment.
2.3. GROWING BEANS has the right to refuse orders due to, among others :
* when stocks are exhausted or a product is no longer available;
* in the event that an invalid presentation of products is found in the Mr Manchette webshop
* in the event of serious suspicions of abuse of justice or bad faith on the part of the Client;
* in case of force majeure;
* when it can be assumed that the Customer has the intention to resell the articles himself.
3. Products availability:
Should we find, during the processing of your order, that one or more of the products you ordered are not available, we will unfortunately not be able to fully process your order. We reserve the right to choose to partially carry out the order in such a case or to refuse it entirely. You will be notified immediately by e-mail in such a case. No agreement on the unavailable products is concluded, reimbursement is guaranteed.
4.1. Products are only delivered in the countries for which the Mr Manchette webshop allows delivery, namely Belgium and Europe.
4.2. You choose your preferred delivery method: pick-up at GROWING BEANS or home delivery.
You can pick up your order free of charge at GROWING BEANS. To this end, an appointment must be made in advance via email@example.com.
4.3. Delivery to a postal address:
For customers in Belgium, delivery is free of charge for orders of € 100 and up. Shipping costs are as follows: for neighbouring countries €16,40, for the rest of Europe €32,80.
During the ordering process you will receive an indication of the shipping costs. The shipping costs are definitively calculated in the final stage of the ordering procedure, before you complete it by clicking on the button “Order and pay safely” and before your payment is handled by our payment provider.
For customers in other countries:
4.4. The customer accepts the responsibility if the delivery addresses stated was incorrect and accepts that this can give rise to additional costs. PO Box addresses are not accepted.
4.5. Depending on the chosen delivery method, the order will, as far as possible and in the normal course of business, be shipped within approximately three to five working days of the order date, provided that your details are correct (for customers in countries other than Belgium and the Grand Duchy of Luxembourg, the delivery time may vary). Any potential delay cannot result in compensation.
4.6 Until we have started processing your order, you can cancel your order free of charge by contacting us. We will refund the price of the products ordered within 30 days. If your order has already been delivered, you can return it (see return policy).
4.7. If due to exceptional circumstances we are unable to deliver your order within 30 days after the automatically generated confirmation email, you can cancel this order free of charge by contacting us. We will refund you the full price of the products ordered (including the shipping costs already paid) within 30 days.
5. Price and payment:
5.1. The prices indicated at the time of the order are applicable. GROWING BEANS reserves the right to correct any errors (e.g. due to technical defects). The prices of the Mr Manchette webshop are valid as long as they are online and as long as stocks last. All prices are VAT included.
5.3. The payment of your order will be made according to the payment methods offered in the Mr Manchette webshop and the conditions mentioned there. Depending on the result of the verification of your data, we reserve the right to exclude certain payment methods. Please note that you may incur additional costs under your agreements with banks and other credit institutions.
6. Returns policy
6.1. Regardless of your right of withdrawal, we will give you the opportunity to return the products ordered from us. Provided the original price tags are still attached to the products, you can return all products that are complete and in unused and undamaged condition without giving any reason, within 30 calendar days of their receipt. It is only allowed to fit the products as is customary with fitting clothing in a shop. Products that do not comply with the above remain the property of the Customer. We return these products to you and will bill these expenses.
For customers in Belgium, the Grand Duchy of Luxembourg or the Netherlands:
You can exchange the products, obtain a voucher for their value or have the price of the returned products refunded, except for the shipping costs you have paid (this does not apply in case of delivery in a GROWING BEANS shop). Rebated products can only be exchanged in case of sufficient stock.
In case of an incorrect order, the customer is responsible for the costs of returning products. In case of an incorrect delivery, we will take care of the shipping costs.
If you have purchased a combined offer of products at a reduced price and you wish to return part of this order, we will pay you the difference between the amount paid by you for the entire combined offer and the sum of the unabated price of the products included in the combined offer that you do not return.
The return as described above does not apply to products that have been manufactured individually or according to your specifications.
7.1. If the delivered goods do not conform to the order placed, the statutory two-year warranty period applies. (art 1649bis et seq. of the Belgian Civil Code.)
If you wish to invoke the legal warranty, you must prove that you have purchased the delivered goods from GROWING BEANS. You may provide proof of your purchase by any means of common law.
Any defect in the product must be reported within two (2) months of its discovery. Afterwards, any right to repair or replacement expires.
7.2. In any case, you will not have the right to make any warranty claims:
* for normal wear and tear of the product;
* In case of improper or abnormal use of the product or use of the product in violation of the purpose for which it was designed;
* Failure to comply with the usage and / or maintenance instructions;
* In case of damage to the product by intent or negligence;
* If the product has been changed by you or through a third party designated by GROWING BEANS;
* in case of commercial use.
8.1. Use of the Mr Manchette webshop:
The information on the website is of a general nature. The information is not adapted to personal or specific circumstances, and can therefore not be considered as personal, professional or legal advice to the user.
GROWING BEANS has gone to great lengths to ensure that the information provided is complete, correct, accurate and up-to-date. Despite these efforts, errors may occur in the information provided. If the information provided contains inaccuracies or if certain information is unavailable on or through the site, GROWING BEANS will take great effort to ensure that this is rectified as soon as possible. However, GROWING BEANS cannot be held liable for direct or indirect damage arising from the use of the information on this site. If you find inaccuracies in the information made available via the site, you can contact the site manager (see contact details below).
Information of size and length in the products remain an estimate. Neither can we guarantee that each screen will display a colour exactly, or that the colour will not deviate slightly on receipt of the product.
GROWING BEANS does not accept liability for the loss or material or other damage, of any nature, which the customer or a third party would suffer by using or installing the goods.
The contents of the site (including links) may be adapted, modified or supplemented at any time, without announcement or notification. GROWING BEANS does not guarantee the proper functioning of the website and cannot be held liable in any way for the improper functioning or temporary (un)availability of the website or for any form of damage, direct or indirect, which may be the result of access to or use of the website. GROWING BEANS can under no circumstances be held liable towards anyone, directly or indirectly, in a special or any other way, for damages due to the use of this site or of another, and in particular as a result of links or hyperlinks, including, without limitation, all losses, work interruptions, damage to programs or other data on the computer system, of equipment, software or anything else of the user.
The website may contain hyperlinks to websites or pages of third parties or partners or refer to them indirectly. The placement of links to these websites or pages in no way implies an implicit approval of their content. GROWING BEANS expressly declares that it has no control over the content or other characteristics of these websites and can on by account be held liable for their contents or their characteristics or for any other form of damage as a result of its use.
8.2. In general regarding GROWING BEANS’ liability:
GROWING BEANS is not liable for any damage that it may cause by its fault or negligence, except in the case of intent or gross negligence. Any damage of any kind that cannot be foreseen at the time of the conclusion of the agreement, is excluded from compensation. The liability of GROWING BEANS is always limited to the direct, personal damage suffered and shall never exceed the purchase price of the product in question.
8.3. Use of material from the Mr Manchette webshop:
Information on the website can only be used elsewhere with the express permission of GROWING BEANS. It is forbidden to modify, copy, reproduce, download, distribute, transfer, commercially exploit and/or distribute the services, the pages of the Webshop or the computer codes relating thereto.
9. Authorship and intellectual property
9.1. We have developed the Mr Manchette webshop for the personal and non-commercial purposes of the Customer. The integral content of the Mr Manchette webshop (including layout and design of the website, texts, graphics, photographs, images, moving images, sounds, illustrations and software, etc.) is the property of GROWING BEANS or of related companies, licensees and/or content providers. All related rights, and in particular all intellectual property rights, are managed by GROWING BEANS.
The Customer may only download the content and make one copy for personal, non-commercial use only, provided that the content of the material to which the intellectual property rights apply remains in its original state. Copying or storing any content other than for personal, non-commercial use is prohibited.
9.2. All trademarks, trade names, logos and products used in the Webshop are protected and may not be used without the prior written consent of GROWING BEANS, its partners or the legal owners of these rights. All signs, illustrations, images or emblems appearing on our products, accessories or packaging are and remain the exclusive property of GROWING BEANS. Reproduction thereof, in whole or in part, for any reason or by any means whatsoever, is strictly prohibited. The use of any combination with any other sign, symbol, emblem or other distinctive sign is also prohibited.
10. Applicable law and jurisdiction
Only Belgian law applies. All disputes concerning the conclusion, validity, interpretation or execution of the contract or of these General Terms and Conditions shall fall under the exclusive jurisdiction of the Belgian courts. If one of the present conditions should be declared null and void or be inapplicable, the remaining conditions nevertheless remain in full force and effect.
11. Right of withdrawal.
You have the right to withdraw from the agreement within 14 days without giving any reason. To exercise this right, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). We will send you a confirmation of your withdrawal by email.
The withdrawal period expires after 14 days from the day on which you acquire physical possession of the product. To comply with this deadline, it is sufficient for you to send your message concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Without delay and at the latest within 14 days after we have been informed of your decision, we will refund the price paid including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us) by the same means of payment with which you have executed the payment. We may wait with refund until we have regained the goods, or you have indicated that you have returned the goods, whichever comes first.
You must return or hand over the goods to us without delay, but in any case no later than 14 days after the day on which you notify us of the decision to withdraw from the agreement, to the following address: .GROWING BEANS, Zenobe Grammestraat 63, Sint-Amandsberg, Belgium. The deadline is met if you send the goods back before the 14-day period has expired. We will bear the cost of returning the goods.
During the first 14 days after delivery we expect you to handle the products and packaging carefully. You shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. Returned goods may have been tried on as is customary for fitting clothing in the store, but may not have been worn. If the quality of the products is impaired by the use of the products in a more extensive manner than described above, GROWING BEANS reserves the right to claim compensation from you for any depreciation of value. The returned products must be returned with the original price tags and labels attached and in their packaging.
Withdrawal does not apply to products that have been produced individually or according to customer specifications, nor to sealed goods that are not suitable to be returned for hygienic reasons (e.g. underwear, swimwear, etc.).
13. Contact details:
In case you have further questions or complaints, you can reach Growing Beans, Zenobe Grammestraat 63,9040 Sint-Amandsberg, firstname.lastname@example.org