The e-commerce website www.fragile.be is a website (hereinafter the “Site”) for the online sale of clothing and accessories under the trademark “Fragile” (the “Product”) which belong to BVBA FROM FOETUS TO HERO having its registered office at Kammenstraat 82, 2000 Antwerp, Belgium and with company number BE 0891.629.641, phone +32 3 202 50 70 (hereinafter referred to as “From foetus to hero”).
The internet user wishing to buy a Product will be referred to as the “Customer” in the present General Terms and Conditions.
Each order of a Product offered on the Site presumes the preliminary consultation and the express acceptance by the Customer of the General Terms and Conditions, as set out in article 2.
The validation of the order form is equal to an electronic signature which, between Parties, has the same value as a written signature and which serves as evidence of the entire order and the right to claim the amounts due in the execution of the aforementioned order.
The sales agreement can be closed in English.
Article 1 - Scope
The present General Terms and Conditions determine the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site belonging to the company FROM FOETUS TO HERO, Belgium. Although the Site is directed towards Customers in Belgium, France, the Netherlands and Luxembourg, all services by From foetus to hero are rendered from Belgium and the agreement between Parties is deemed to be executed in Belgium, with shipment to the aforementioned countries.
The General Terms and Conditions apply to all sales of Products performed through the Site and shall prevail all other conditions of From foetus to hero or the Customer. Any deviation from these General Terms and Conditions shall be subject to From foetus to hero’s prior, express and written approval.
Article 2 – Capacity and Acceptance
The person who wishes to buy a Product of From foetus to hero should have contractual capacity. Should a person be declared incapable, he can not buy Products on the Site and as a consequence obtain the capacity of Customer. This person should perform its purchases through its legal representative.
The Customer explicitly accepts these General Terms and Conditions by clicking the box next to the phrase “I accept the general terms and conditions”.
The Customer has the possibility to save and print the General Terms and Conditions.
Article 3 – The Products
The Products offered by From foetus to hero are those as presented on the Site at the moment on which the Customer places its order, within the limits of availability of these Products.
From foetus to hero shall take all reasonable measures to deliver all orders.
However, From foetus to hero will not be responsible for the fact that a Product is not available, nor for any damages as a result thereof. In case one or more Products of an order would not be available, the Customer shall be notified by e-mail or in writing by From foetus to hero about the fact that his/her order is entirely or partially cancelled, or split up.
In case the unavailability is established and communicated after payment by the Customer for the Products, From foetus to hero shall immediately request its bank to refund the paid amount. The Customer shall be informed by e-mail. The term within which the actual reimbursement will take place, depends on the method of payment used by the Customer for its purchase. In case of a purchase by credit card, the reimbursement shall be visible on the next monthly excerpt of the credit card. If the Customer is of the opinion that the reimbursement is taking an abnormal long time, it is recommended that the Customer contacts his/her bank.
In any case, From foetus to hero shall execute the reimbursement within 30 days.
All Product offered for sale on the Site are described in good faith and as accurate as possible. Nevertheless, the photos shown on the Site have no contractual value. From foetus to hero rejects all liability for any error in the description of the Products or the photos, among others in case of a slight deviation in colour or size.
Article 4 – Prices and Invoice
The prices are those as indicated on the Site at the moment the Customer places its order. The prices which apply to the Customer are those as mentioned on the Site directed towards the country from which the Customer places its order. The Customer shall place its order from the country in which his usual residence is located. It is not possible to place an order from one country and have the order delivered in another country.
The prices mentioned during the process of purchase are expressed in Euro and include VAT and administration costs, unless explicitly mentioned otherwise.
The prices of the Products and services do not include costs of transport. These costs are charged separately to the Customer in addition to the purchase price. In case a Customer is allowed a discount, this will be deducted separately from the price.
From foetus to hero reserves the right to modify the purchase prices and costs of transport at any moment. However, the purchased Products and costs shall always be invoiced at the prices as mentioned in the e-mail confirming the order. These are prices which applied at the moment of purchase, in as far as the Products are available.
The Products remain property of From foetus to hero until full payment by the Customer, this is full payment of the purchase price and costs.
Article 5 – Methods of payment
The purchases can be paid exclusively online, via Bancontact, Maestro, Visa & Mastercard. The Customer’s bank account shall be debited after confirmation of the purchase, and the payment becomes effective only at the moment the Customer’s bank has given its consent to From foetus to hero. In case the Customer’s bank would refuse payment, the order is automatically refused.
The Customer warrants that he is authorized to perform online payments through one of the abovementioned methods of payment and that there is sufficient coverage on the bank account linked to the credit card or Bancontact card in order to cover all costs resulting from the transaction. If not, From foetus to hero can refuse the order.
With regard to the conclusion of the online payments, From foetus to hero is in cooperation with Ogone. Ogone is the market leader in Europe for secured online payments. The secured system used by Ogone is one of the most reliable and secured systems worldwide. From foetus to hero does not have access to the confidential payment details of its Customers. These can also not be stored by From foetus to hero.
From foetus to hero reserves the right to refuse each order by a Customer with whom there is a pending conflict, or has been a conflict in the past. From foetus to hero can also refuse an order in case of non payment or partial payment by the Customer of any previous order.
Article 6 – Order of the Products
Regardless any written proof in possession of the Customer, it is explicitly agreed that only the details registered by the computer system of From foetus to hero, its ‘hosting´ partner, or online payment partner, form the evidence of the communication, the content of the order and the whole of the transactions taking place between the Parties.
In order to place an order, the Customer selects the item of its choice, chooses the colour and size, and consequently clicks on “Add to Shopping cart”. The chosen item will then be added to the “Shopping cart”. The Customer can modify its order as long as the items are in the “Shopping cart”. If the Customer wants to confirm its order, he should choose the method of delivery and payment. During the entire process it is clearly indicated what total amount would be payable by the Customer. By executing the payment process, the order will become definite and can no longer be modified.
Shipping costs are the following:
Shipping within the BeNeLux costs € 5, free shipping for orders from € 100.
Shipping to France, Germany and UK costs € 10.
Shipping to other EU countries: € 15.
For shipping to non-EU countries: custom rate.
The Customer receives in any case a first e-mail, upon purchase, confirming the order. All contractual information with regard to the order shall be communicated to the Customer at the moment of confirmation of the order.
Article 7 - Deliveries
While confirming the order, the Customer can choose delivery at a certain address (residence, place of work or others).
From foetus to hero shall use its best effort to send the order to that address as soon as possible after payment confirmation of the order. Standard delivery time is within 5 business days, exceptions due to location are possible. The carrier shall present himself at the address during business days between 8am and 6pm and shall deliver the package to the addressee or any other person present at that address. In case of absence, a notice will be left in the mailbox mentioning the address of the nearest post office, where the Customer can collect its order.
If the Customer does not collect its order within the term given by the postal services, the order will automatically be returned to From foetus to hero who will then contact the Customer in order to arrange the delivery of the order. In that case, additional delivery costs can be charged to the Customer.
The ordered Products are delivered at the delivery address as indicated by the Customer during the order process and according to the conditions described during that process.
The orders can only be delivered on addresses located in the European Union.
From foetus to hero reserves the right to split up the order in one or more deliveries depending on the availability of the Products. Each delivery will be announced by e-mail. The delivery is accompanied with a purchase note, on which the details of the delivered goods are also mentioned.
In case a delivery would be lost during the delivery process, and the conditions of this article have been respected, From foetus to hero shall, at its own costs, send a new delivery if the Product is still available or refund the amount of the order, including the costs of transport. The transfer of risk of loss and/or damages to the Customer occurs upon delivery.
Article 8 – Right of revocation and modalities of return
Unless explicitly mentioned on the Site, the Customer has the right, within 14 calendar days following the day on which the Customer has received the Product, to notify From foetus to hero of its wish to use its right of revocation, without having to pay any damages and without having to motivate such decision.
If a Customer wants to notify From foetus to hero of the fact that he wishes to revoke its purchase, he must do so within the term of 14 calendar days following the day on which the Customer has received the Product.
The Customer can start a 'Return Shipment' with the 'Returns form', included with every delivery.
The right of revocation for the delivered Products is only valid in as far as the Product is actually returned within 14 calendar days after the delivery date.
The revoked product can only be returned when:
- in impeccable condition
- in the original packaging including the tag with product information
- unworn and unwashed
- complete (including all accompanying items, such as belt etc.)
- accompanied by the original sales invoice (of which the customer retains a copy)
- accompanied by a fully completed return document
Each return of which the sender can not be identified, shall be refused. As soon as the 14 calendar days after delivery have passed, Fragile shall no longer accept the return and shall return the package to sender.
The customer can return goods in the physical Fragile shop in Antwerp too, following the same conditions as described above.
The return must be sent to the following address, which is also clearly mentioned on the return document:
Fragile - Webshop returns
The risks connected to the return shipment lie entirely with the Customer.
The reimbursement of the purchase shall take place within 30 calendar days after timely receipt of the return by From foetus to hero on the condition that all conditions as mentioned above are strictly met. In any case, the amount which shall be reimbursed shall not exceed the amount actually paid by the Customer.
This reimbursement shall take place in the following way:
If the Customer has paid his order via credit card, a credit will be performed on the Customer’s credit card upon verification of the returned Products, with deduction of the amounts due or voucher or discounts used to pay for the order. The reimbursement of the Customer shall take place in accordance with the agreed modalities with the bank who issued the credit card. If the Customer has paid its order via another method of payment, the reimbursement shall take place via transfer to the bank account number mentioned by the Customer on the return document.
Article 9 – Legal guarantee
From foetus to hero guarantees that the Products offered do not contain any visible or hidden defects which would render normal use of the Product impossible or dangerous.
The Customer obtains a guarantee for each defect which would exist at the time of delivery of the Product and which manifests itself within a period of two years from the date of the aforementioned delivery. The two year term is suspended during the period which is required for the repair or replacement of the Product or in case of negotiations between From foetus to hero and the Customer in the light of an amicable settlement.
In case the Customer wishes to invoke this guarantee, he shall immediately contact the customer service through webshop [at] fragile.be . In any case, the Customer shall notify From foetus to hero through the customer service of the lack of conformity within a period of maximum 14 days from the establishment of the defect by the Customer.
The contacting should be in written form through email to webshop [at] fragile.be
The guarantee shall in any event not apply to Products which were damaged on purpose or as a result of negligence by the Customer. Accordingly, the guarantee shall not apply to damages resulting from wear and tear, faulty washing, transport or inappropriate use.
For all questions related to the guarantee, Customers can contact webshop [at] fragile.be
Article 10 – Intellectual Property Rights
All elements (hereinafter the “Elements”), including but not limited to texts, the database containing all details which are published on the Site, the layout and graphical design of the webpages, the sales catalogue, the photos, pictures, video and music on the Site are protected worldwide by copyright, database rights, trade mark rights, patent rights and all other types of intellectual property rights. They all remain the exclusive property of From foetus to hero at all time. Therefore each form of copying, publishing, counterfeit or any other form of use, under any form whatsoever, is prohibited without prior written approval by From foetus to hero. Such approval shall be obtained in writing, unless From foetus to hero itself has provided the possibility of sharing certain Elements via social networks. In such case the approval shall be limited to those specific Elements and those specific social networks for which From foetus to hero has provided the possibility of sharing. Each infraction against this clause shall be legally prosecuted.
Article 11 - Liability
From foetus to hero shall in no event be liable for direct or indirect damages (interruption of exploitation, loss of profit, loss of opportunities,…) resulting from the use or unavailability of the Site. It is not liable for any damages to systems of the Customer as a consequence of visting the Site such as by the presence of an intruding external virus or computer viruses.
From foetus to hero shall not be liable for occasional errors in photos or texts used to describe the Products on the Site.
From foetus to hero shall not be liable for the impossibility to deliver orders due to the exhaustion of stock or reasons beyond its control, including situations of force majeure, such as disruption or strike of transport, postal or communication services, in case of floods or fire, discomfort or damages inherent in the use of the network.
In all cases in which the liability of From foetus to hero is or could be withheld, this liability of From foetus to hero is limited to the amount actually paid by the Customer for the relevant order.
Article 12 – Competent court and applicable law
In case of dispute between the Parties with regard to the agreement, the courts of Brussels shall be exclusively competent in order to address the dispute.
Belgian law shall apply to the agreement between the Parties.
Article 13 - Contact and dispute settlement
In case of questions relating to its purchase, the Customer can contact From foetus to hero via webshop [at] fragile.be . From foetus to hero will answer the Customer within a term of maximum 5 business days.
Article 14 – Modification of the General Terms and Conditions and Nullity
From foetus to hero may modify the present General Terms and Conditions at any moment, among others in order to conform itself with legal obligations. Any modification communicated via the Site shall enter into force on all following offers or orders.
From foetus to hero reserves the right to modify the layout and content of the Site at any moment.
If by a court order, one or more provisions or paragraphs of these General Terms and Conditions would be deemed null or not opposable, this will not affect the validity and applicability of the other articles and paragraphs of these present General Terms and Conditions, nor of the agreement between the Parties.