General Sales Conditions

Contents:

Article 1 – Definitions
Article 2 – Identity of the company
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Compliance and Warranty
Article 11 – Delivery and implementation
Article 12 – Payment
Article 13 – Complaints
Article 14 – Disputes
Article 15 – Additional or different terms
Article 16 – Amendment of the terms and conditions

Article 1 – Definitions

In these conditions shall apply:

1. Withdrawal Deadline: the deadline by which the consumer can exercise his
right of withdrawal.

2. Consumer: means a natural person that acts exclusively for non-professional purposes and engages in a distance contract with the company.

3. Day: calendar day.

4. Durable medium: any appliance that the consumer or enterprise enables to store
information directed to him personally, in a way that makes future consultation with the stored information possible.

5. Right of withdrawal: the ability for consumers to not continue with the distance contract within the withdrawal period.

6. Company: Pirate Piercing / Supreme Supply detail as identified under Article 2, which offers goods and /or remote services to the consumer or any natural or legal person expressly authorized in the name and /or on behalf of Pirate Piercing / Supreme Supply that offers goods and /or remote services to consumers.

7. Distance contract means an agreement in the context of a system by the company organized for distance selling of goods and /or services. Until the conclusion of the agreement, exclusive use of one or more means of distance communication.

8. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and enterprise simultaneously being together in the same area.

Article 2 – Identity of the company

Registered name:

Pirate Piercing / Supreme Supply
trading as: www.arrr.be

Headquarters:

Vredestraat 9
2300 Turnhout
Belgium

Company registration number and VAT number:

BE 0561923374

Telephone:

+32 (0) 14 72.78.19
(Available from Monday to Saturday from 11h to 18h)

E-mail:

webshop@piratepiercing.be
Article 3 – Applicability

1. These general conditions apply to each offer from the company and any agreement reached at a distance between company and consumer.

2. These conditions always take precedence over the terms of the other party.

3. Before the distance contract is concluded, the text of these general conditions will be made available. If this is not reasonably possible, before the distance contract is closed, it will be
indicated that the general conditions can be looked into at the company or at request of the consumer a copy can be sent as soon as possible without extra charge.

4. If the distance contract is concluded electronically, in exception of the preceding paragraph and before the distance contract is concluded, the text of these terms can be made electronically available to the consumer in such a manner that these can be stored in a simple way on a durable medium. If this is not reasonably possible, before concluding the distance contract it will be indicated where the general conditions can be looked into electronically and that at the request of the consumer these general conditions can be sent electronically without extra charge.

5. In the event that besides these terms and conditions specific goods or service conditions apply, the second and third paragraphs of mutatis mutandis, i.e. current agreement takes precedence. In case of doubt about the meaning of a clause, prevail for the most favorable
interpretation for the consumer.

Article 4 – The offer

Each offer contains such information that the consumer is clear what the rights and
obligations are attached to the acceptance of the offer. This concerns in specifically:

o the identity of the company and its geographic address;
o the main characteristics of the goods or service;
o The price includes all taxes, duties and services that should be required to pay extra by consumers;
o any potential delivery costs ;
o the method of payment, delivery and execution of the contract;
o the existence of a right of withdrawal;
o the method of any reversal and return of the property, including any of the related costs;
o the cost for the use of the technique of distance communication, when calculated on a basis other than the base rate;
o the validity of the offer or the price;
o The minimum duration of the contract in case of contracts for permanent or periodic supply of goods or services.
o the languages in which the contract, in addition to Dutch, can be closed;
o the different technical steps to follow to come to closure of the contract;
o the technical means by which input errors can be detected and corrected before the order is placed;
o the possible filing of the agreement and, where appropriate, conditions for access to this archive after placing the order;

Article 5 – The agreement

1. The agreement is established under proviso to the specified in section 4 , at the time of acceptance by the consumer of the offer and meeting the corresponding conditions.

2. If the consumer has accepted the offer electronically, the enterprise confirms the accepted offer as soon as possible by electronic means.

3. If the agreement is created electronically, the company will match technical and  organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the company will take suitable security measures.

4. The company can – within the law – inform itself if the consumer will be able to suffice to payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance agreement. If the enterprise finds good reasons, on the basis of this study, they are justified not to agree with the order or they are entitled to attach special conditions to this order.

5. The enterprise will send the consumer, after placing the order, a written receipt or another durable medium that is available to the consumer  and accessible by him. This receipt is a summary of the order and the following information:

a. The identity of the company and its geographic address.
b. The price includes all taxes, duties that should be required to pay extra.
c. Any delivery costs.
d. The method of payment, delivery and execution of the contract.
e. The validity of the contract, in case of permanent or periodic services or delivery of goods.
f. The minimum duration of the contract in case of contracts for permanent or periodic supply of goods or services.
g. The geographic address of the establishment of the company where the consumer needs to address his complaints to.
h. The information regarding the existing after sales services and commercial safeguards.
i. The conditions for terminating the agreement if this is of indefinite duration or a duration exceeding one year.
j. The existence of a right of withdrawal.
k. The conditions and manner of exercise of any right of withdrawal, together with the following clause, in bold letters in a box separate from the text, on the first page:

“The consumer has the right to renounce from the purchase without payment of penalty and without giving any reason within 14 calendar days from the day following the delivery of the goods or the conclusion of the service contract.”

l. In the absence of any right of withdrawal, the following clause in bold letters in a box separate from the text, on the first page:

“The consumer does not have the right to renounce from the purchase.”

Article 6 – Right of withdrawal and the conditions and manner of exercise

Upon delivery of goods:

1. When purchasing goods, the consumer has the possibility to renounce from the order for 14 days without having to pay a penalty and without giving a reason. This cancellation period commences on the day after the delivery of the goods to the consumer or a pre-designated representative by the consumer.

2. During the withdrawal period, the consumer will carefully handle the goods and the
packaging. He will unpack the goods only so far needed to assess whether he wishes to retain the goods or not. Goods can only be returned in their sealed original packaging due to hygiene concerns.

3. The exercise of the right of withdrawal by the consumer is only possible on the
following manner and under the following strict conditions.

-The consumer must return the order within 14 calendar days from the day following the delivery of the property.
-Due to the nature of the goods, returned items will be only accepted if they are in the original condition and clear sealed packaging it was delivered in.
-Returns need to be done by registered mail as the consumer is responsible for the goods while in transit.
-The barcode labels that are printed on the packaging must also be present and intact.
-Only unused items will be accepted. Stained, damaged, washed or severely wrinkled items are not accepted.

4. When returning goods, the consumer shall bear the responsibility for damage or loss.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the direct cost of return is for the consumer. The shipping that the consumer has paid to receive his/her order, are not refundable. The consumers will be entitled to reimbursement of the price of the purchased good.

2. If the consumer has paid an amount, the company will repay this amount as
soon as possible but no later than 30 days after the return or cancellation.

Article 8 – Exclusion of right of withdrawal

1. The company may exclude the right of withdrawal from the consumer to the extent
provided in paragraph 2. The exclusion of the right of withdrawal applies only if the
company has warned consumers of the absence of a right of withdrawal.

2. Exclusion of the right of withdrawal is only possible:

a. On a supply of services if the execution of the agreement with the consumer started before the end of the withdrawal period.
b. Concerning the supply of goods that are created according to the specifications of the
consumer or clearly personalized for the consumer or which by their nature can not be returned, spoil or is aging.
c. On the delivery of audio and video recordings and computer software of which the seal is broken by the consumer;
d. On the supply of newspapers, periodicals and magazines.
e. For services for betting and lotteries.
f. Concerning the delivery, the place of residence or workplace of the consumer, food, beverages or other goods for current household use by frequent and regular passing
deliverers.

Article 9 – The price

1. During the period mentioned in the offer, prices of goods and / or services are not increased, except for price changes due to changes in V.A.T. rates.

2. Notwithstanding the preceding paragraph, the enterprise’s goods or services whose
prices are subject to fluctuations in the financial market and where the company has no control over, may be offered with variable prices. These fluctuations and the fact that the prices shown might be target prices, must be announced in the offer.

3. The price of supply of goods or services mentioned include all taxes, fees and services should be required to be paid extra.

4. The consumer may be asked to take the shipping charge. It is possible that the amount will be previously communicated to the consumer. In case of implementation of the right of withdrawal, these costs can not be refunded.

Article 10 – Compliance and Warranty

1. The company guarantees that the goods and/or services meet the contract, the specifications listed in the offer and the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the company also guarantees that the goods are well suited for other than normal use.

2. The consumer is aware that the color on a digital image, in limited extent, may differ from reality. The consumer will check the goods’ conformity during the period of revocation. Aside from this possibility, anomalies with the digital image can never be the reason for dissolution, termination or compensation. The company has no obligation to accept returned goods, nor to refund the purchase price paid.
3. Warranty given by the company, manufacturer or importer does not detract from the
legal rights and claims that the consumer can enforce under the agreement towards the company.

Article 11 – Delivery and implementation

1. The company will make sure to receive and handle orders of goods with care.

2. The place of delivery is the address that the consumer communicated to the enterprise.

3. The company will execute accepted orders within 30 days, to count from the day following the day that the consumer’s order has been sent to the company, unless a longer delivery time is agreed. If the company does not implement the agreement in time, the consumer has the
right to cancel the contract without judicial intervention but do need to send a registered notification to the company, provided that at that time the company’s ordered goods
have not been sent yet or not yet commenced with the provision of the service ordered. No fee and no expenses to the consumer can be charged for such dissolution.

4. In case of dissolution in accordance with the preceding paragraph, the company ensures that the amount that the consumers paid, will be refunded within 30 days counting from the day after the dissolution.

5. The shipment of goods and titles that represent services is at the risk of the person who has contracted with the consumer. Unless otherwise noted.

Article 12 – Payment

1. The amounts owed by the consumer need to be paid immediately and in full at the time of closing of the agreement unless otherwise agreed.

2. The consumer has the duty to immediately report inaccuracies in supplied or specified payment data to the company.

3. In case of default of payment by the consumer the company has, except
statutory limitations, the right to claim interest at 10% per year and a
compensation of 10% of the invoice amount (with a minimum of €30.00).

Article 13 – Complaints

1. Complaints about the execution of the contract must be fully and clearly described and submitted to the company within 30 days, after the consumer has found the defects or was able to determine after carefully inspecting  the received goods. The complaint must be made by registered mail or a receipt. The date of receipt counts as proof of timely complaint.

2. The company handles complaints within a reasonable time from the date of receipt. If a complaint has a foreseeable longer processing time, the company will respond with a message within a reasonable time to confirm receiving the complaint and if possible an indication of when the consumer can expect a more detailed answer.

3. If the complaint cannot be resolved by mutual agreement this results in a dispute that is susceptible to the dispute arrangement.

Article 14 – Disputes

1. On all agreements between the company and the consumer only the Belgian law is applicable.

2. All disputes arising out of contracts between the company and the consumers fall within the exclusive jurisdiction of the courts in Turnhout or Antwerp, both located in Belgium. The company will however include all other courts that have jurisdiction under the law, including the court of the place of the consumer.

Article 15 Additional or different terms

Additional or different terms should be recorded in writing or in such a way that this is accessible by the consumer and in a way it can be stored on a durable medium.

Article 16 – Amendment of the terms and conditions

Changes in these conditions are only effective after they were disclosed by the appropriate
method.