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GENERAL TERMS AND CONDITIONS "Sago SWIMWEAR" (version March 2021)
1.Applicability and Opposability
1.1 The activities of Sago Swimwear (hereinafter "Sago Swimwear"), a trade name/company of SUMMER SOMEWHERE BV, with registered office at 1880 KAPELLE-OP-DEN-BOS, Tisseltstraat 31 and with company number 0761.466. 034; and the legal relationship with the person who uses the webshop and/or makes purchases through the webshop (hereinafter the "Customer") are exclusively governed by these general conditions for purchases from Sago Swimwear in general and purchases via the webshop of Sago Swimwear www.sagoswimwear.com (hereinafter the "Webshop") in particular, unless otherwise agreed in writing and mutually recognized. The most recent and applicable version of the general conditions is always available on the Webshop. The general terms and conditions included at any time in the Webshop apply at that time to the use of the Webshop and the activities of Sago Swimwear.
1.2 By using the webshop, filling the digital basket in the webshop, placing an order and/or concluding an agreement via the webshop, the customer declares to have read and agreed to these general terms and conditions and all other rights and obligations as they are mentioned in the webshop. The Customer is therefore bound by these general terms and conditions and the aforementioned rights and obligations
1.3 These conditions may be changed from time to time by Sago Swimwear. Under no circumstances will other general conditions apply to the webshop and/or the activities of Sago Swimwear and the general conditions of Sago Swimwear always prevail over other general conditions.
1.4 The non-claiming of a right or the non-application of a sanction by Sago Swimwear never implies a waiver of right. The possible invalidity of one of the provisions of these general terms and conditions shall not result in the invalidity of all of its provisions or of that part of the provision that is enforceable and does not conflict with mandatory law. In such a case, the parties will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that most closely matches the purpose and intent of the original provision.
2. Offer, Order and Prices
2.1 Every offer is made by Sago Swimwear without obligation, can be adapted or withdrawn by Sago Swimwear and is valid while supplies last. A contract is only validly concluded when the Customer expressly accepts the offer of Sago Swimwear, or when the Customer receives, when placing or forwarding the order electronically, online, by e-mail or otherwise, an order confirmation from Sago Swimwear. Sago Swimwear can not be held liable for the unavailability or no longer available of a particular product.
2.2 The prices mentioned on the webshop or elsewhere are for information purposes and are indicated in euros. Sago Swimwear reserves the right to change the prices mentioned in the webshop at any time. Nevertheless, the products are charged based on the rates in effect at the time the order was accepted. The prices shown in the Web Shop are generally inclusive of VAT. The prices listed are the total price or rate to be paid by the Customer including any delivery or shipping costs for deliveries within the EU. Additional costs associated with the Customer's choice of payment option may be charged by Sago Swimwear
2.3 No rights can be derived from apparent misprints or typographical errors in (online) catalogs or price lists. Regarding the accuracy and completeness of the information offered, Sago Swimwear is only bound to a means commitment.
2.4 All taxes, duties and/or levies, of any kind, relating to the delivered products, including new taxes, duties or levies that may be introduced after the conclusion of the agreement, shall be borne in full by the Customer. Under no circumstances shall the application of new taxes, duties or charges give the Customer the right to terminate the agreement.
3.1 Unless expressly agreed otherwise, payment is made electronically when placing the order through the payment module(s) made available to the Customer in Sago Swimwear's Webshop. If payment is thus made through the intervention of a third-party service provider, only the conditions of this third-party service provider apply and Sago Swimwear bears no responsibility in this regard. The final execution of the order starts after full payment by the customer of all that is owed in return to Sago Swimwear. Only in exceptional cases, and with the prior written agreement of Sago Swimwear, payment can be made afterwards, in which case Sago Swimwear reserves the right to charge the Customer an advance. In case of subsequent payment, the invoices are payable no later than 15 days after the invoice date. Costs associated with payment shall be borne solely by the Customer.
3.2 If the Customer does not meet his or her payment obligation(s), he or she shall, after being reminded by Sago Swimwear and after the Customer was offered a period of 14 days to still meet the payment obligations, after the non-payment of the amount still due, owe default interest at the statutory interest rate and Sago Swimwear is entitled to charge the extrajudicial collection costs incurred by Sago Swimwear. These collection costs amount to a maximum of: 15% on outstanding amounts up to EUR 2,500.00; 10% on the following EUR 2,500.00 and 5% on the following EUR 5,000.00 with a minimum of EUR 40.00.
4. Retention of title
Ownership of the products sold by Sago Swimwear will only be transferred to the Customer after full payment by the Customer of all that is owed to Sago Swimwear as consideration, including payment of the agreed price, costs, interest and any damages. Nevertheless, the risks of loss or destruction of the sold good shall be borne in full by the Customer from the moment the sold good has left the premises of Sago Swimwear or a third party appointed by Sago Swimwear. Until the ownership of the sold good is effectively transferred to the Customer, the Customer is expressly prohibited from using the delivered products as a means of payment, pledging or encumbering them with any other security right. To the extent necessary, this clause shall be deemed to be repeated for each delivery.
5. Revocation of an order by the consumer
5.1 The provisions of this article apply only to the Customer who, in the capacity of consumer (i.e. as a natural person acting for purposes outside his trade, business, craft or profession), concludes a contract with Sago Swimwear via the Webshop, at a distance or outside Sago Swimwear's premises. The Customer who acts as a consumer and concludes a contract with Sago Swimwear via the Webshop (remote or outside the company of Sago Swimwear) has the right to withdraw from the contract within a period of 14 calendar days without giving any reason. The revocation period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, receives physical possession of the product. If the Customer orders several products in one order, the withdrawal period will expire 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the last product.
5.2 The right of withdrawal does not apply to (i) the delivery of products manufactured according to the Customer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the Customer, or which are clearly intended for a specific person; as well as (ii) the delivery of sealed products which are not suitable to be returned for reasons of health protection or hygiene (as is the case, for example, in the case of the sale of swimwear or lingerie) and whose seal has been broken after delivery.
5.3 To exercise the right of withdrawal, the Customer must inform Sago Swimwear of the decision to withdraw from the contract by means of an unequivocal statement (by registered mail, by e-mail and preferably by using the model form made available on the Webshop). In order to comply with the withdrawal period, the Customer must send his communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
5.4 The Customer must return or hand over the product to Sago Swimwear or a third party designated by Sago Swimwear without delay and in any case no later than 14 calendar days after the day on which he or she communicated the decision to withdraw from the contract. The direct cost of returning the product may be charged to the Customer, unless otherwise agreed. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
5.5 During the aforementioned cooling-off period days, the Customer will treat the product and packaging as received from Sago Swimwear with the utmost care and handle and inspect them as he could in a store. The Customer shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The Customer shall be liable for any depreciation in the value of the product resulting from a manner of handling the product beyond that permitted above. Therefore, if the returned product is in any way impaired in value (for example, due to damage or removal of the covers provided for reasons of hygiene), Sago Swimwear reserves the right to hold the Customer liable and claim compensation for any impairment of the products resulting from the Customer's use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product.
5.6 If the Customer withdraws from the contract, Sago Swimwear will refund to the Customer all payments received from the Customer up to that time, in respect of the returned product, and that unless otherwise agreed by means of the same means of payment with which the Customer had paid. In case of sales contracts, Sago Swimwear will wait with the refund until Sago Swimwear has received all products back. If, as a result of a choice of the Customer for a different mode of delivery than the one proposed by Sago Swimwear, additional costs are caused, they will not be refunded by Sago Swimwear.
5.7 Only the product that is in its original state of shipment and packaging, together with all accessories, instructions for use, proof of purchase and delivery documents can be taken back by Sago Swimwear. This means that the product must be returned in its original packaging and that all original Sago Swimwear labels must still be attached to the product. In addition, the product must not have been worn and/or washed during the period the Customer disposes of it.
6.1 Sago Swimwear delivers the ordered products at the time, place and under the circumstances specified in the order confirmation and only after full payment of the price. The place of delivery is in principle the address that the Customer has made known to Sago Swimwear at the time of the order and more specifically a room on the ground floor.
6.2 Sago Swimwear strives to ship the ordered products within a period of 5 working days after receipt of payment by Sago Swimwear. The by Sago Swimwear communicated implementation deadlines are informative and guiding unless explicitly departed from in writing. Delay in execution can never give rise to any compensation, nor to dissolution of the contract. Unless otherwise agreed in writing, any term of execution is determined in working days. This does not include (Saturdays, Sundays, legal holidays, annual vacations and compensation rest days, as well as the days on which weather conditions or the consequences thereof make or would make work impossible for at least 4 hours).
6.3 Deliveries are shipped at the expense and risk (including storage, loading, transportation and unloading) of the Customer. The Customer agrees to be available to receive the ordered products in an appropriate manner, without undue delay at any time determined by Sago Swimwear. If the Customer is unavailable for receipt or pickup, a notice will be left at the delivery address containing the necessary instructions for a second delivery attempt or pickup. When delivery or pickup is delayed by the Customer by not accepting the delivery, then Sago Swimwear is entitled to charge storage fees and other reasonably incurred costs.
7.1 Any visible defects concerning the delivered products must be reported to Sago Swimwear by registered mail immediately and at the latest within 8 days after delivery. These complaints are only valid and will only be examined on the condition that the sold products have not yet been put into use by the Customer. Complaints for visible defects submitted after the expiration of this term are not accepted by Sago Swimwear.
7.2 Possible hidden defects concerning the delivered products must be immediately and within 8 working days after their discovery reported in writing and in detail to Sago Swimwear.
7.3 Unless explicitly agreed otherwise between the parties, Sago Swimwear is not deemed to have knowledge of or taken into account the specific application that the Customer will make of the purchased products and therefore Sago Swimwear can not be held liable for this. Only the Customer is liable for the specific use he makes of the purchased products and/or the purposes for which he uses these products.
7.4 The Customer accepts and acknowledges that Sago Swimwear can also invoke against the Customer the exceptions, exonerations and warranty limitations that the manufacturer can invoke against Sago Swimwear.
7.5 Regardless of the term, the Customer cannot make any indemnification claim on account of visible or hidden defects when he has transformed and/or changed the products and/or repaired the products himself or had them repaired by a third party, all this without the approval of Sago Swimwear. Likewise, the Customer forfeits his right of complaint in case the damage is the result of not observing the professional standards and usual instructions (e.g. the lack of timely recharging of the batteries, ...), as well as by an improper use that he has made of the work
7.6 A product sold by Sago Swimwear with a defect accepted by it will be replaced or repaired if necessary. If the cost of repair is disproportionate, Sago Swimwear reserves the right to replace the product with a similar article or to refund the Customer under deduction of costs incurred.
8.1 Sago Swimwear is not liable for any damages that would result directly or indirectly from the products sold by Sago Swimwear.
8.2 Should the liability of Sago Swimwear be established, Sago Swimwear's liability will be limited to direct and material damage, excluding amongst others loss of profit, turnover, loss of income, production limitations, administration or staff costs and/or claims from third parties. Sago Swimwear's liability will in any case be limited to the replacement of the delivered goods, to the refund of the invoiced amount per delivery or to the coverage limit of the liability insurance minus incurred costs.
8.3 Sago Swimwear is legally released and not obliged to fulfill any commitment/indemnification in case of force majeure. Force majeure means the situation in which the implementation of the agreement, in whole or in part, temporarily or otherwise, is prevented by circumstances beyond the control of the parties, even if these circumstances were already foreseeable at the time of the conclusion of the agreement. Sago Swimwear is not obliged to prove the unaccountable and unforeseeable nature of the circumstance constituting the force majeure.
9. Intellectual Rights
The products and services provided by Sago Swimwear as well as the content and all parts of the Webshop (including brands, logos, designs, drawings, data, product and / or company names, texts, images, software, etc.) are protected by intellectual rights (including copyright and trademark rights) belonging to Sago Swimwear or third parties who have authorized their use to Sago Swimwear. The Customer is not entitled for any reason whatsoever to modify, copy, distribute, transmit, distribute, re-offer, reproduce, publish, license, transfer or sell any information or content obtained nor to create derivative works from the aforementioned elements. The provision of products or services by Sago Swimwear does not imply any transfer or making available of its intellectual rights. Any infringement of the intellectual rights may be prosecuted under civil and criminal law in accordance with the applicable legislation.
10. Applicable law & choice of forum
These general conditions, as well as all other agreements between Sago Swimwear and the Customer, are exclusively governed by Belgian law, with the exclusion of the Vienna Sales Convention. All disputes between parties regarding this agreement, and all other agreements resulting from it, fall under the exclusive jurisdiction of the Dutch courts of the judicial district of Brussels.