EVERYBODY AGREES

 

Terms & Conditions

Please read these Terms and Conditionscarefully before ordering any products from the seller.  

1.     The seller

The seller is Mrs Katherine Wanet, duly registered with the Belgian Crossroad Bank of Enterprises under VAT number BE0678527173 and with registered address at 27 Avenue Adolphe Buyl 1050 Ixelles here in after referred to as « the Seller ».

2.     The terms and Conditions 

This page contains the terms and conditions (the “Terms and Conditions”) on which the Seller supplies any of the Products (each a “Product”) listed on the website www.everybodyagrees.com to you. Everybody Agrees is an exclusive online shopping platform offering fairtrade and eco-responsible Products from selected partners. The offers on Everybody Agrees are only available for a limited time and while stocks last.

These Terms and Conditions govern the supply by the Seller of any Product ordered by you on Everybody Agrees. By ordering a Product, you agree to be legally bound by these Terms and Conditions.

English shall be the language for all negotiations and contracts. The following terms and conditions shall also apply exclusively for all foreign transactions.

 3. Conclusion of contract

The offers of the Seller are subject to confirmation and are non-binding. The presentations on the website represent as such no legally binding offer. ou can order from us by email or via our website (Internet). When ordering via our website in the E-shop, by clicking on the button “buy now” you will issue a binding offer to conclude a purchase contract for the desired goods.

The Seller is entitled to accept your offer within 2 calendar days by sending a confirmation of the contract (by post or email), as well as by carrying out the order. If your offer is not accepted by The Seller within 2 calendar days, the offer shall be deemed to be rejected. No contract is concluded for products that are not listed in the order confirmation.

4.  Delivery

The Seller ships goods to you domestically which are in stock no later than 1-5 working days after conclusion of the contract via Bpost.

Goods shipped from outside BELGIUM (in Europe) are normally delivered within 5-14 working days. For shipments to non-European countries, the delivery time depends on the type of shipping (airmail / overland / maritime) and the location of the recipient.

If you order a product that was available in accordance with the article description, and The Seller has not been supplied with this product from his suppliers with no fault of his own, he may withdraw from the contract. In this case, he will inform you immediately and, if applicable, suggest an alternative similar product. If no comparable product is available, or you do not want delivery of a comparable product, he will refund any amounts which have already been paid without delay. The right to withdraw from the contract shall also apply in this case.

The Seller is entitled to make partial shipments and/or services, as far as this does not affect any conflict of interests unreasonably. Should a partial delivery become necessary, The Seller shall, of course, accept the additional shipping costs. No further costs shall arise for you.

The delivery time is extended appropriately if the delivery is affected by a force majeure situation. Force majeure shall be deemed to be, for example, subsequent material procurement difficulties, riot, strike, lockout, malfunction, fire, natural disasters, transportation disruptions, change to the statutory provisions, official measures or regulations or the occurrence of other unforeseeable events, which are beyond our control and which - taking an objective point of view – have not been caused by any culpable conduct on our part. Should one of the above described cases arise, we shall inform you immediately. If this hindrance to performance should last longer than four weeks, you are entitled to withdraw from the contract. In this case, further claims, in particular for damages, do not exist. This does not apply as far as in cases of wilful intent or gross negligence, in case of assurances, or due to breach of essential contractual obligations caused by simple negligence or if compulsory liability applies in foreseeable damage typical for contracts for legal reasons, due to mandatory liability.

5.  Prices

All prices are amounts in Euros and include value added tax. Postage and shipping costs shall be added according to the following list :

- Shipping costs (domestic and foreign)

Here you will find all information about shipping costs for returns and postage and shipping costs for deliveries[s3] 

6. Terms of payment

The payment of the purchase price is due immediately with the conclusion of the contract. If the due date of payment on the invoice is determined according to the calendar, you will already be in default by non-observance of the date. In the event of default, The Seller is entitled to charge interest at the rate of 5 percentage points above the respective base interest rate for the year. In the case of legal transactions, in which a consumer is not involved, the Seller reserves the right to demand interest on compensation claims in the event of default at a rate of 8 percentage points above the base interest rate. The Seller reserve sthe right to prove higher default losses caused by delay.

The Seller accept payment by Maestro, Mastercard, Visa, PayPal, and direct debit. In order to process your payments, the Seller will transmit your data upon completion of your order via a safe connection to his payment service provider ING. If your place of residence is outside of Belgium, payment is only possible in advance, by credit card and PayPal.

a) Payment in advance: when paying in advance, you have to transfer the invoiced amount upon completion of your order within 7 days to our account. With payment in advance, the specified delivery time shall apply from receipt of payment in our account. If the amount due is not in our account within 7 days, we can withdraw from the contract.

b) Payment via PayPal: here you pay the invoiced amount via the online service provider PayPal. You have to register with PayPal and/or be registered, so that you can legitimize your access data and confirm the payment instruction to us (exception is in the case of guest access, if applicable). You will receive further instructions in the course of the order process. After the amount has been received in our bank account, the goods will be sent.

c) Payment by credit card: your credit card account will be debited immediately after completing the payment process. All entries and control checks relating to your payments will be carried out and saved by the payment processor.

d) Payment by direct debit: when paying by direct debit, we are revocably authorized to collect the invoiced amount from your specified account. If the direct debit cannot be redeemed due to lack of funds or because of false details provided about the bank account, or you object to the debit, although you are not entitled to this, you will have to bear the costs and fees of the chargeback if you are responsible for this. The debit of the account shall be carried out before shipment of the goods.

All payments are to be made without deductions to the Seller. A payment shall be deemed to have been made only after the amount is freely available to him.

A set-off shall be excluded, unless the set-off claim is undisputed or has been legally established or acknowledged by us in writing. You can only exercise a right of retention insofar as the claims arise from the same contractual relationship. Exclusions do not apply if a counter-claim is made which emerges from a justified non-cash claim from a refusal of performance, or asserted rights due to a deficiency.

General discount clause:

  • a) discount codes cannot be taken into account in hindsight, unfortunately.
  • b) discount codes do not apply for reduced articles.

7. Warranty & liability

Warranty shall be dependent upon the statutory provisions. In case of a complaint, the Seller asks for proof of the purchase date by means of the invoice and sending the article complained about together with a copy of the invoice to the Seller. Normal wear and tear of the goods do not justify a warranty claim.

The right to subsequent fulfilment as well as the right to withdraw from the contract or to reduce the purchase price shall be available to the extent provided by law.

The Seller assumes no liability for damage and defects that arise from improper use, handling and storage, negligent or faulty care and maintenance, by overuse or improper repair by a non-authorized service partner.

The Seller assusmes no liability for the quality and composition of Products which are the liability of the Manufacturer, unless a deficiency is evident at the time of reception

In such a case,  the customer has to inspect the services provided immediately after delivery and has to notify the Seller of this immediately. If the customer fails to make this notification, the performance shall be deemed as approved. The rules on the obligation to give notification shall not apply if a defect has been fraudulently concealed or the customer is a consumer.

Further claims, in particular for consequential damage, shall be fundamentally excluded. This does not apply in cases of intent, gross negligence or breach of essential contractual obligations the Seller, as well as in the case of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those, the fulfilment of which allows the proper execution of the contract to be possible at all, and upon whose compliance you can regularly trust and can rely on.

The risk of incidental loss and incidental deterioration of goods for sales shipments shall pass to you or a recipient chosen by you with the delivery of the goods. If you are not a consumer, and have not purchased the goods only for private use, the risk of incidental loss and incidental deterioration of the goods shall pass to you upon delivery to the responsible person for shipment.

The Seller exclude his liability for slightly negligent breaches of duty, provided that no essential contractual duties, damages arising from injury to life, body or health, or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by his vicarious agents. In the case of damage caused in any other way, The Seller is  liable for intent and gross negligence, also for our vicarious agents, according to the statutory provisions. The same applies to negligent damage from injury to life, body or health. For damage to property and pecuniary loss, The Seller is only liable for negligence caused by a breach of an essential contractual obligation, however the amount is limited to damage which is foreseeable upon conclusion of and typical for contracts. Essential contractual obligations are those, the fulfilment of which characterises the contract and upon which the customer can rely on.

8.  Care

Please take note of the washing instructions, which you can find on the labels of the articles. If care instructions are not properly followed, modifications to the products have been made or care materials are used which the Seller has discouraged, and/or were explicitly declared by the Seller as non-compatible with the purchased item, or do not meet the minimum average quality claim, no warranty shall be granted.

9 Reservation of title

The delivered goods shall remain in the Seller’s ownership until full payment has been made. If you come in arrears with the purchase price payment, the Seller have the right to withdraw from the contract and to demand the surrender of the goods which have not yet been paid. You are obligated to handle the goods which have not yet been paid with care.

10.  Exercise of the right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform the Seller hello@everybodyagrees.com 27 Avenue Adolphe Buyl 1050 Ixelles of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired

If you withdraw from this contract, we shall reimburse to you all payments received from you, with the exception of the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we receive the Product back We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.   

You shall send back the goods or hand them over to the Seller, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods if you use the provided return documents.

You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

10.  Data protection

The Seller adheres strictly to the privacy laws. You agree to the storage, processing and use of personal data you have submitted by your order according to the provisions of the Belgian Privacy Act for processing your order. The Seller will save your order and address data for use in the context of order processing (including transmission to the order processing or shipping partner used), for any warranty claims and product recommendations to customers in accordance with the content of the Seller’s privacy policy and the applicable laws on data protection.

You have the right to information, as well as under certain circumstances a right to correction, freezing/blocking and deletion of your data stored in our systems.

Furthermore, you have a right to object to the processing or use of your personal data for advertising purposes or for market and opinion research, as well as for the trade with addresses and commercial data processing.

You can always also object to the compilation, processing or use of your personal data if an evaluation shows that your legitimate interest because of your particular personal situation outweighs the interest of the responsible authority involved in the collection, processing or use of such data. This does not apply if legislation entitles or obliges this collection, processing or use of data.

Furthermore, you basically still have the right to revoke a previously granted consent to collect, process and use your personal data at any time with effect for the future.

11. Applicable law and jurisdiction

For all disputes arising from or as a result of this agreement, the law of Belgium  will apply under exclusion of the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory provisions of in particular the State in which the customer as a consumer is ordinarily resident, shall remain unaffected.

The place of jurisdiction for all claims arising from or due to this relationship, including those from bills of exchange, is Brussels. Before going to Brussels Courts, the Parties will try to solve the conflict by non-judicial proceedings such as mediation by a Belgian mediator.

12. Final provisions

Even if individual conditions should be or become invalid, the contract shall remain binding in its other parts. Should a provision be wholly or partially ineffective, the Contracting Parties shall endeavour to achieve without delay the desired economic success despite the invalid provision in another legally permitted way.