General Terms and Conditions FORZE BV
August 10th, 2021
These terms and conditions apply when you, as a customer or prospective customer, enter into or wish to enter into an agreement with Five Orange Zebras BV. Contact us if you are a merchant and received this version incorrectly.
Please read these terms carefully; they govern what we expect from you and how we treat you. Please contact us if any provision of these terms is unclear. This can be done by email at firstname.lastname@example.org or by post to Five Orange Zebras BV, Stefaan De Jonghestraat 91 c, 9300 Aalst, Belgium.
- CONCLUSION of AGREEMENT
- DELIVERY - RECEPTION
- PrICE AND PAYMENT
- RIGHT OF WITHDRAWAL
- INTELLECTUAL PROPERTY
- FORCE MAJEURE
- PROCESSING OF PERSONAL DATA
- APPLICABLE LAW AND COMPETENT COURT
The following definitions apply in this document:
“FORZE”: Five Orange Zebras BV, with registered office at Stefaan De Jonghestraat 91 c, 9300 Aalst, Belgium and with company number 0752.712.773.
"CUSTOMER": the natural person, consumer, who enters into, entered into, or wishes to enter into an agreement with FORZE in order to obtain products or professional services from FORZE.
"TERMS": FORZE's current terms and conditions.
"WEBSITE": FORZE's website being https://www.miokoo.com/ or any sub-domain thereof.
These terms and conditions apply to all quotations, deliveries, works, activities, and agreements between the Customer and FORZE.
The Dutch version will prevail where these terms and conditions have been drawn up or translated into a language other than Dutch.
In the event that one or more clauses or parts of these Terms and Conditions are held to be invalid or void under a legal or administrative decision or the decision of a judicial body, the other clauses and parts of these terms and conditions will remain in full force and effect.
Substantial changes to these terms and conditions will be notified to the customer in writing (possibly by electronic means.
3. Conclusion of agreement
An order can only be placed via the website. The order is final upon acceptance of the product's description, the offer, the price, and these conditions, notwithstanding the second paragraph of this article.
Offers on the website are only valid while stocks last. When a part is out of stock when ordering multiple products, the remaining part will be delivered.
4. Delivery - reception
Delivery takes place exclusively within Belgium, France, Germany, the Netherlands, and Luxembourg. A courier company selected by FORZE carries out the delivery. FORZE undertakes to ship orders within 14 days of receipt of payment, barring force majeure.
Any delivery date stated is only approximate and provided for simple information. No delay can give rise to the dissolution of the agreement to the detriment of FORZE, nor compensation. FORZE is not liable for delays in delivery or loss of a shipment by the courier company.
The customer is obliged to facilitate the receipt of the ordered products. In particular, the customer must be present and reachable at the time agreed with the courier company. If delivery at the agreed time is not possible, the product will be refunded. The delivery costs will not be refunded in this case. Where the customer enjoyed free shipping, a fixed amount of 8 euros will be deducted.
5. Price and payment
All prices are expressed in euros and include VAT unless stated otherwise. Prices are exclusive of other taxes and duties.
Payment must be made before delivery and is made via one of the following payment options: Belfius Direct Net, credit card, iDeal, KBC/CBC Payment Button, Bancontact.
Payment using a gift card/voucher is only accepted within the gift card/voucher term. When an order with a value lower than the gift card/voucher amount is placed, the customer is not entitled to payment in specimen.
Complaints regarding the deliveries cannot be accepted if they do not reach FORZE in writing within seven (7) calendar days after delivery. Complaints can be sent by email to email@example.com or by registered mail to Five Orange Zebras BV, Stefaan De Jonghestraat 91 c, 9300 Aalst, Belgium. Hidden defects must be reported within a short period of their discovery, no later than two months.
Deliveries accepted "subject to inspection," or similar are deemed accepted at the latest five days after delivery.
That statutory warranty period of 2 years applies. If the customer invokes this, he must demonstrate that the delivered goods were purchased on the website.
The customer accepts that minor deviations in quality, size, color, finish, and absorbency are inherent to the product and cannot give rise to a justified complaint.
7. Right of withdrawal
The customer has a period of 60 days to withdraw from the distance contract without stating reasons. However, this only applies if the products are unworn and in the original packaging. (for health and hygiene reasons).
TO exercise the right of withdrawal, we ask the customer to send an email to firstname.lastname@example.org, with the subject "cancellation of a distance sale." The customer bears the direct costs for returning the goods. The customer is responsible for any return shipment via a courier service other than that used for the initial shipment. Any refund will be made in the same way as the initial payment.
FORZE offers legal guarantees. FORZE is not liable for damage resulting from normal wear and tear, leaks, or possible blood or urine stains. FORZE is not liable for cases of force majeure or accident, nor incorrect use or incorrect treatment of an article by the customer. FORZE's product liability shall never extend beyond the statutory liability.
FORZE only has a best-efforts obligation concerning access, the ordering process, the delivery, or the other services on the website. FORZE has the right to suspend or discontinue the website in whole or in part at any time for maintenance, updates, or any other reason, even without prior warning. FORZE cannot be held liable for any hindrance or damage caused using the internet due to technical failures, nor for any information placed or processed by third parties on the website, or for any fact regarding the website that can be regarded as force majeure.
FORZE is not liable for the content of websites linked from the website. The use of linked websites is at the user's own risk.
The delivered items remain the property of FORZE until complete payment.
The customer expressly acknowledges the full ownership of FORZE of the brand names, FORZE, FIVE ORANGE ZEBRAS en MIOKOO, EU trademark registration n° 018270151, MIOKOO, the trade name MIOKOO, the company name FIVE ORANGE ZEBRAS, the domain names, MIOKOO.COM and FORZE.BUSINESS and the copyright and other intellectual property rights in the names FORZE, FIVE ORANGE ZEBRAS and MIOKOO the logos and other graphic branding of FORZE and MIOKOO and the contents of the website https://miokoo.com.
12. Force Majeure
All strikes, technical failures, pandemics, traffic congestion, other transport problems, permit requirements and other legal and administrative requirements, and all adverse weather conditions that directly or indirectly prevent the normal performance of the agreement will be considered as cases of force majeure.
14. Applicable law and competent court
All offers and agreements are governed by Belgian law.
All disputes arising from this agreement will be settled by the courts of FORZE’s registered office, in particular the Ondernemingsrechtbank Ghent – Dendermonde or the Rechtbank van Eerste Aanleg oost-Vlaanderen – Dendermonde or the Vredegerecht Tweede Kanton Aalst.