Home - General terms & conditions

General terms & conditions

The English version of the Soak By Anne Lynn general terms and conditions can only be used to better understand the Dutch general terms and conditions. Only the Dutch version of the general terms & conditions of Soak By Anne Lynn has legal value. You can consult the Dutch version here

 

  1. Definitions
  • “General Terms and Conditions”: These general terms and conditions that apply to all offers, orders, quotations, agreements and deliveries of products by the Seller to the Buyer.
  • “Seller”: Natural person Jozefien Marsboom  under the brand “Soak By Anne Lynn” as defined in article 2 of these General Terms and Conditions.
  • “Buyer”: any natural or legal person who purchases one or more product(s) by e-mail addressed to Jozefien Marsboom and/or via the Website.
  • “Website” means the Seller’s Website, https://www.soakbyannelynn.com
  • “Letter of Complaint”: a letter (either electronically or otherwise) stating the products purchased, a detailed complaint, the defect and/or non-conformity.
  • “The electronic purchase confirmation”: The proof of purchase of products from Jozefien Marsboom, which is sent to the e-mail address provided by the Buyer.

 

  1. The identity of the Seller
  • The Website is managed by a natural person Jozefien Marsboom, with registered office at B3010 Kessel-Lo, registered in the register of legal entities of Leuven under number 0757.614.738 and known to the VAT administration under number BE0757.614.738, judicial district of Leuven.
  • If you have any questions or comments, you can always contact Jozefien Marsboom by email (info@soakbyannelynn.com) or by phone (0477032196).

 

  1. Applicability
  • Unless otherwise agreed in writing, these General Terms and Conditions apply to all offers, orders, quotations, agreements and deliveries of products by Jozefien Marsboom to the Buyer.
  • By using the Website, creating an account on the Website, placing products in the digital shopping cart and/or placing orders via the Website or by e-mail, the Buyer declares to have read these General Terms and Conditions and to accept these General Terms and Conditions . In this case, the Buyer is bound by these General Terms and Conditions with the rights and obligations stated on the Website. Additional terms and conditions of the Buyer are excluded, unless these have been expressly accepted by Jozefien Marsboom in advance, in writing.
  • Jozefien Marsboom has the right at all times to change and/or supplement the General Terms and Conditions. The Buyer is responsible for consulting the Terms and Conditions.
  • In the event that one or more provisions and/or articles of these General Terms and Conditions should be wholly or partly illegal, invalid and/or unenforceable, this shall in no way affect the validity, legality and applicability of the other provisions and articles.
  • The document with the Dutch General Terms and Conditions is the only legally valid document.

 

  1. Establishment of online purchase and offers
  • The agreement between Jozefien Marsboom and the Buyer is concluded when the order has been confirmed to the Buyer by email and as soon as Jozefien Marsboom has received approval for the payment transaction from the issuer of the payment card.
  • Jozefien Marsboom may change or withdraw the offers on the Website, official social media channels and other communication channels at any time.
  • Offers are valid while stocks last. Jozefien Marsboom is not liable in the event of material errors, typesetting or printing errors.
  • The Buyer who purchases products on the Website or by e-mail is the end consumer: the products may not be resold in any way, unless this has been expressly determined otherwise in advance by Jozefien Marsboom.
  • Jozefien Marsboom reserves the right to refuse orders without stating reasons.
  • Jozefien Marsboom reserves the right to cancel the order and/or the agreement with the Buyer, in whole or in part, without any form of compensation, if certain products are not in stock.
  • Jozefien Marsboom can always cancel an order free of charge before it has been sent by contacting Jozefien Marsboom via info@soakbyannelynn.com. The withdrawal of an order by the Buyer after it has been sent must be made in accordance with the withdrawal procedure, as provided for in clause 5 of these General Terms and Conditions.

 

  1. Right of withdrawal
  • The Buyer has the right to cancel the purchase of product(s) via the Website and/or by e-mail within the withdrawal period, without giving any reason(s) on the condition that:
  • The product(s) has not been used in whole or in part
  • The product(s) is/are in the same condition as at the time of delivery
  • The product(s) is/are custom made or modified especially for the Buyer
  • The product(s) show/show signs of poor storage. The product(s) must be stored in a dry place in the original packaging.
  • In order to revoke a purchase, the Buyer must inform Jozefien Marsboom by post (Wijnbergenstraat 104, B3010 Kessel-Lo) or by e-mail (info@soakbyannelynn.com) of his/her decision to cancel the agreement by means of an unambiguous statement. revoke. The Buyer can use the attached model withdrawal form for this, but is not obliged to do so.
  • The withdrawal period expires 14 calendar days after the day on which the Buyer or a third party designated by the Buyer who is not the carrier takes physical possession of the product. The Buyer must return the product(s) no later than 14 calendar days after the day on which he or she took physical possession of the product(s).
  • The product(s) and accessories supplied must be returned to Jozefien Marsboom in their original condition and packaging, with all accessories supplied and instructions for use. The Buyer must stick the return label on the delivery box and bring the delivery box to a parcel shop recognized by Bpost.
  • If the Buyer withdraws from the agreement, Jozefien Marsboom will refund all payments made by the Buyer to Jozefien Marsboom with regard to the product(s) concerned. Jozefien Marsboom will withhold €5.72 during the refund of your order amount so that you do not have to pay anything at the post office.
  • The refund will take place within a maximum of 14 calendar days after Jozefien Marsboom has received the product(s) back. An exception to this are any additional costs as a result of the Buyer’s free choice for a method of delivery other than the standard delivery offered by Jozefien Marsboom.
  • Under no circumstances can a professional Buyer exercise the right of withdrawal.

 

  1. Price and costs
  • Prices on the Website are expressed in Euro, including VAT and all other duties and taxes required by the customer. However, the prices on the Website do not include delivery and/or shipping costs.
  • As a Buyer, you owe the total amount that can be found on the electronic purchase confirmation. Obvious inaccuracies can also be corrected by Jozefien Marsboom after the agreement has been concluded.
  • Jozefien Marsboom reserves the right to change the prices stated on the Website at any time. However, the purchase of product(s) will be invoiced at the prices in effect at the time the agreement is concluded.
  • Additional costs associated with the payment method chosen by the Buyer can be charged to the Buyer by Jozefien Marsboom.
  • The delivery and/or shipping costs depend on the chosen place of delivery, the total amount of products ordered and the chosen shipping method. During the ordering process, the Website will indicate how much the delivery and shipping costs are.
  • The displayed price refers to the product(s) as described. Accessories and decorations that are not mentioned in the information about the product(s) are not included.

 

  1. Payments and invoicing
  • For orders by mail and/or via the Website, the customer has the choice between the following payment methods:
  • Via credit card (Visa)
  • Via bank card (Bancontact)
  • By bank transfer to account number BE67001897542187
  • By ordering product(s) via the Website and/or by e-mail, the Buyer expressly agrees to the use of electronic invoicing by Jozefien Marsboom.
  • The Buyer must always pay the invoices in full in advance and bear any costs associated with the payment, unless Jozefien Marsboom expressly states otherwise in advance, in writing.
  • In the event of non-payment, incomplete payment or late payment, the Buyer owes an interest of 15% per year on the purchase price from the date of default by operation of law and without notice or prior notice of default. In addition, the Buyer owes a fixed compensation of 15% of the amount concerned, with a minimum of 25 euros per invoice, by operation of law and without notice or prior notice of default. The Buyer is obliged to pay all extrajudicial and judicial collection costs without prior notice of default. Jozefien Marsboom has the right to dissolve other agreements with the Buyer without prior notice of default or judicial intervention.
  • If the issuer of the payment card does not agree to the payment, Jozefien Marsboom cannot be held responsible for delays in delivery and/or non-delivery of the order by the Buyer. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.

 

  1. Delivery of the purchased products
  • Products purchased by the Buyer are shipped from the moment that Jozefien Marsboom has received payment from the Buyer, unless stated otherwise.
  • If a delivery term is exceeded, this does not give rise to payment of compensation nor to the dissolution of the agreement between Jozefien Marsboom and the Buyer. However, the delay will be communicated to the Buyer by e-mail within 14 days by Jozefien Marsboom.
  • Orders are delivered to the delivery address specified by the Buyer. In the event that no one is at home, orders will be delivered to the reserve address specified by the Buyer (such as to the neighbors or the nearest recognized parcel shop). The transfer of risk of theft, destruction and/or damage with regard to the product(s) is therefore transferred at the moment the physical delivery takes place at one of the addresses. Jozefien Marsboom is currently released from her delivery obligation.
  • However, the risk of theft, destruction and/or damage with regard to the product(s) already transfers to the Buyer upon delivery to the carrier, if the carrier has been ordered by the Buyer to deliver the product(s). and this choice was not offered by the Seller.
  • Jozefien Marsboom cannot be held liable for delays caused by the Buyer or third parties. Any changes to the order may result in the expiry of the proposed delivery period.
  • If the Buyer does not collect the delivered products from the recognized parcel shop within the period of 7 calendar days after physical delivery, the products will be returned to the registered office of Jozefien Marsboom. The costs of this return as well as the associated costs (such as but not limited to VAT and storage costs) are payable by the Buyer. In this case, the agreement between the Seller and the Buyer is dissolved, with no right of recourse on the part of the Buyer with regard to Jozefien Marsboom. The price paid by the Buyer for the product will be refunded by Jozefien Marsboom, after deduction of the costs mentioned above.
  • Jozefien Marsboom reserves the right to split deliveries or to attach other conditions to the delivery.

 

  1. Retention of property
  • The right of ownership transfers from the Seller to the Buyer after the payment due from the Buyer for the product(s) has been paid in full and physical delivery has taken place.
  • In the event of no or incomplete payment on the due date of one of the invoices, Jozefien Marsboom has the right to reclaim the products already delivered from the Buyer.
  • If necessary, the Buyer undertakes to point out to third parties the retention of title of Jozefien Marsboom, e.g. anyone who would seize the product(s) that have not been paid and/or partially paid for.

 

  1. Acceptance, warranty and complaints
  • After the physical delivery of the purchased product(s), the Buyer must inspect the order. The Buyer must report possible defects, dissatisfaction and/or deviations in writing within 48 hours after the physical delivery in a letter of complaint by mail (info@soakbyannelynn.com) or by post (Wijnbergenstraat 104, B3010 Kessel-Lo).
  • Complete or partial commissioning, modification and/or repackaging of the product(s) delivered by Jozefien Marsboom is regarded as approval and acceptance. In this case, the delivery is considered final and Jozefien Marsboom is released from her responsibilities.
  • In the event of complaints, Jozefien Marsboom will, at his or her own discretion:
  • Replace defective products if they are in stock or;
  • Credit the erroneous portion to the price shown in the agreement or electronic purchase confirmation
  • Complete or partial replacement of the product(s) does not give rise to the acceptance of liability by Jozefien Marsboom, payment of any compensation, nor to the dissolution of the agreement between Jozefien Marsboom and the Buyer.
  • Complaints and (partial) replacement of the product(s) in no way release the Buyer from its payment obligation within the written agreement and invoice.
  • The Buyer is obliged to reimburse costs incurred as a result of unjustified complaints.

 

  1. Liability
  • Belgian law is exclusively applicable to all orders, quotations, offers and agreements. The Buyer accepts that Jozefien Marsboom only guarantees that the products purchased comply with the regulations or requirements applicable in Belgium at the time of purchase. Jozefien Marsboom cannot be held responsible in the context of legislation from other countries and/or for subsequent legislative changes.
  • The total liability of Jozefien Marsboom in the event of shortcomings in its obligations will in no case exceed the purchase amount of the product(s) in question.
  • The liability of Jozefien Marsboom towards the Buyer is limited to the liability imposed by law and is in any case limited to the lower of the following 2 amounts:
  • The respective invoice and/or purchase amount excluding VAT
  • The amount that Jozefien Marsboom receives from her insurer in the context of the respective liability file under the BA liability policy entered into by Jozefien Marsboom.
  • Jozefien Marsboom is not liable for:
  • Indirect damage (such as, but not limited to damage to third parties)
  • Defects that are directly or indirectly caused by the act of the Buyer and/or a third party, regardless of whether there is error or negligence.
  • Damage as a result of incorrect or inappropriate use of the purchased products, nor for an unintended and/or undesired interaction as a result of simultaneous use of the product with other products
  • Damage as a result of the Buyer’s and/or the end user’s failure to comply with legal and/or other obligations and/or instructions.
  • The Buyer accepts that electronic communications and backups may serve as evidence.

 

  1. Disclaimer
  • The Buyer indemnifies Jozefien Marsboom against all claims and proceedings, including the claims and proceedings of third parties, that may arise from any act or omission of the Buyer that is contrary to the written agreement.

 

  1. Promotions
  • Promotional endowments by Jozefien Marsboom such as, but not limited to price reductions and/or discount coupons cannot be cumulated.
  • In the event that the Buyer makes use of the right of withdrawal for products purchased that were under promotion at the time of purchase, Jozefien Marsboom reserves the right to review the price of the products that were not the subject of the withdrawal.

 

  1. Force of the majority
  • Force majeure is understood to mean any circumstance beyond the will and control of Jozefien Marsboom that prevents the fulfillment of its obligations in whole or in part. Forms of force majeure include, but are not limited to, scarcity of raw materials and/or certain materials, fire, currency fluctuations, fluctuations in levies and/or tax rates, wage increases; salaries and/or social charges, fluctuations in transport costs, special weather conditions, strikes, illness, communication and information failures, government measures, breakdowns, traffic jams, energy failures, late delivery from suppliers and/or other third parties engaged.
  • Jozefien Marsboom is not liable for shortcomings in its obligation(s) caused by force majeure.
  • In case of force majeure, Jozefien Marsboom can freely choose:
  • Propose the Buyer to replace the missing products
  • Temporarily suspend the performance of its obligations
  • To dissolve the agreement between Jozefien Marsboom and the Buyer extrajudicially without compensation

 

  1. Suspension and dissolution
  • Jozefien Marsboom reserves the right to suspend the execution of 1 or more agreements with the Buyer if there is a change in the Buyer’s condition. The execution of 1 or more agreements can in this case be resumed when the Buyer can offer more security for his or her payment. Indicative examples, but not limited to, are death, merger, cessation of payment, cessation of activity or any other indication for Jozefien Marsboom that may damage the confidence in the Buyer’s creditworthiness.

 

  1. Intellectual property
  • Jozefien Marsboom remains the exclusive holder of all intellectual property rights that it holds on the products it supplies.
  • Intellectual property rights include but are not limited to patent law, copyright, trademark and/or other property rights.
  • It is illegal to use and/or make changes to the intellectual property rights of Jozefien Marsboom. Reproduction without the express prior written permission of Jozefien Marsboom is not permitted.

 

  1. Applicable law – disputes
  • Any dispute between the Buyer and Jozefien Marsboom falls under the exclusive jurisdiction of the competent courts of the registered office of Jozefien Marsboom, unless Jozefien Marsboom chooses to bring a dispute before the court of the registered office or domicile of the Buyer.

 

Model form for returns:

To Jozefien Marsboom with registered office at Wijnbergenstraat 104, B3010 Kessel-Lo,

  • I/We (*) share (*) with you that I/we (*) recal our agreement concerning the purchase of the follwing goods/delivery of the following service (*)
  • Ordered on (*)/Received on (*)
  • Name /Names consumer(s)
  • Address consumer(s)
  • Signature of consumer(s) (Only when this form is turned in on paper)
  • Date

(*) Scratch what is incorrect

 

Last update 15/09/2021

Stay informed

Subscribe to our newsletter and we will keep you informed of the latest promotions

"*" indicates required fields

This field is for validation purposes and should be left unchanged.