Terms and conditions

Article 1 – Identity

Company: Soulwatcher
Sole proprietorship (eenmanszaak)

Eendenpoel 1 bu 34
B-3600 Genk

Contact

VAT: BE0886.399.856
Bank account : BE85 9792 4027 8806
BIC : ARSPBE22XXX

Article 2 – Applicability of general terms and conditions

These conditions apply to all quotations, offers, agreements and deliveries of services and goods by or on behalf of Soulwatcher. It is only possible to deviate from these conditions if this has been expressly agreed in writing by all the parties.

Article 3 – General provisions

The e-commerce website of Soulwatcher offers its customers the opportunity to purchase the products from its webshop online. These General Terms and Conditions (“Terms”) apply to any order placed by a visitor to this e-commerce website (“Customer”). Placing an order via the webshop means that the Customer has consulted these Conditions and expressly accepts the applicability of these Conditions, to the exclusion of all other conditions. Additional conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by Soulwatcher.

Article 4 – Price

All prices stated are expressed in EURO, always including VAT and all other taxes that are obligatory to be paid by the Customer. For customers outside of Belgium it is possible that extra costs have to be paid to import products into their country. The fulfillment of the necessary paperwork and payment are the responsibility of the customer. If delivery costs are charged, this will be stated separately. The price indication refers only to the articles as they are verbatim described. The accompanying photos are decorative and may contain elements that are not included in the price.

Article 5 – Offer

Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors or is not up-to-date. Apparent mistakes or errors in the offer do not bind Soulwatcher. As far as the accuracy and completeness of the information provided is concerned, Soulwatcher is only bound by a obligation of means. Soulwatcher is in no way liable in the event of material errors, typesetting or printing errors. If the Customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance. The offer is valid as long as supplies last and can be modified or withdrawn at any time by Soulwatcher. Soulwatcher cannot be held liable for the unavailability of a product.

Article 6 – Online purchases

The Customer selects the items and places them in the shopping cart.
When the order is complete, the Customer goes to the shopping cart where he gets an overview of the order.
On the next page, the Customer can register or log in if the Customer is already known. The Customer can also adjust his delivery address here.
The Customer can choose between the several payment methods.
The products offered through this e-commerce website constitute an offer subject to the condition of acceptance by Soulwatcher. Soulwatcher is entitled to refuse an order, due to a serious shortcoming of the Customer with regard to the order or any other order or agreement involving the Customer.

Article 7 – Delivery

Soulwatcher ships using several delivery companies. The delivery time for shipping depends on the location of the customer.
The stated delivery times are not binding, but are merely indicative. No delay can lead to cancellation of the purchase or payment of damages for the benefit of the Customer, except in case of deliberate delay. In the event of non-delivery of the goods, any sums paid by the Customer will be refunded without interest or other compensation. If the Buyer has provided an incorrect address, the responsibility falls entirely to the Customer and additional costs may be charged.

Article 8 – Reservation of ownership

The delivered items remain the exclusive property of Soulwatcher until full payment by the Customer. The Customer undertakes, if necessary, third parties to retain the reservation of ownership of Soulwatcher, eg to anyone who would seize the items that have not yet been paid in full.

Article 9 – Revocation period

The provisions of this article only apply to Customers who, in their capacity as consumers, purchase articles online from Soulwatcher. If the right of Revocation applies: The Customer has the right to withdraw from the contract within 14 calendar days without giving any reason. The withdrawal 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, physically takes possession of the last shipment or the last part. In order to exercise the right of withdrawal, the Customer must inform Soulwatcher by means of an unequivocal statement (eg in writing by post or e-mail) of his decision to withdraw from the contract. In order to comply with the Revocation period, the Customer must notify Soulwatcher before the withdrawal period has expired. The Customer must return the goods without delay, but in any case no later than 14 calendar days after the day on which he decides to withdraw from the contract to Soulwatcher. The Customer is on time if he returns the goods before the period of 14 calendar days has expired. The direct costs of returning the goods are for the account of the Customer. Shipping must be insured at all times! If the returned product is in any way diminished in value, Soulwatcher reserves the right to hold the Customer liable and to claim damages for any depreciation of the goods resulting from the use of the goods by the Customer which goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. The Customer has to use the original packaging to return the products. Only items that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back. If the Customer revokes the agreement, Soulwatcher will refund all payments received from the Customer up to that time, including the cost of the standard delivery costs, to the Customer within a maximum of 14 calendar days after Soulwatcher has been informed of the Customer’s decision to withdraw from the contract. All purchase costs will be refunded using the same payment method the Customer used. In sales contracts, Soulwatcher can wait with the refund until he has received all the goods back, or until the Customer has demonstrated that he has returned the goods, whichever comes first. Any additional costs resulting from the Customer’s choice for a different delivery method than the cheapest standard delivery offered by Soulwatcher will not be refunded. For customized products there is NO possibility to return the ordered goods.
See https://Soulwatcher.art/customer_service/return-policy/ for the steps to take.

Article 10 – Warranty

Under the Act of 21 September 2004 on the protection of consumers when selling consumer goods, consumers have statutory rights. This legal warranty applies from the date of purchase by (if applicable delivery to) the first owner. Any commercial warranty is without prejudice to these rights. To invoke the warranty, the Customer must be able to present the proof of purchase. Customers are advised to keep the original packaging of the goods. For items purchased online and delivered to the Customer’s home, the Customer must contact Soulwatcher customer service in advance, after which the Customer must return the article to Soulwatcher at his expense. When establishing a defect, the Customer must inform Soulwatcher as soon as possible. In any case, any defect must be reported by the Customer within 2 months of its discovery. Afterwards, any right to repair or replacement lapses. The (commercial and / or legal) warranty never applies to defects arising from accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, modifications or changes to the item, heavy use, poor maintenance, or any other abnormal or incorrect use. Nor does it apply to articles with a shorter life, or wear items. Defects that manifest themselves after a period of 2 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Client proves otherwise. The warranty is not transferable.

Article 11 – Customer service

The Soulwatcher customer service can be reached by e-mail at https://soulwatcher.art/contact/ or by post at the following address:Eendenpoel 1 bu 34, B-3600 Genk. Any complaints can be directed here.

Article 12 – Penalties for non-payment

Without prejudice to the exercise of other rights available to Soulwatcher, the Customer owes interest of 10% per year on the unpaid amount in the event of late or non-payment from the date of the default by law and without reminder. In addition, the Customer is legally and without reminder owing a fixed compensation of 10% on the amount involved, with a minimum of 25 euros per invoice. Notwithstanding the foregoing, Soulwatcher reserves the right to take back unpaid or not fully paid items.

Article 13 – Privacy

The person responsible for the processing, Soulwatcher respects the Belgian law of 8 December 1992 regarding the protection of private life in the processing of personal data. The personal data provided by you will only be used for the following purposes: processing and delivering the order, sending newsletters, advertising and / or marketing purposes. You have a legal right to inspect and possibly correct your personal data. Subject to proof of identity (copy of identity card), you can obtain a written notification of your personal data free of charge via a written, dated and signed request to Soulwatcher, Eendenpoel 1 bu 34, B-3600 Genk. If necessary, you can also ask to correct the data that is incorrect, incomplete or pertinent. In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. For this you can always contact Soulwatcher. We treat your data as confidential information and will not pass it on, rent or sell it to third parties. The customer is responsible for keeping his login details and the use of his password confidential. Your password is stored encrypted, so Soulwatcher has no access to your password. Soulwatcher keeps online (anonymous) visitor statistics to see which pages of the website are visited to what extent. If you have any questions about this privacy statement, please contact us.
We strive to let you know at all times before we collect personal information via the internet. This website keeps track of the number of visitors, the websites from which they originate and through which provider one has access to the internet. The results will only be used in aggregated form that cannot be traced back to individuals.
Collected (personal) data is not sold or made available to third parties. This is subject to special circumstances, for example if required by law. You can also request to have your data removed from our files at any time.
More details on the data is collection is to be found on:
https://soulwatcher.art/customer_service/privacy-policy/

Article 14 – Use of cookies

During a visit to the site, “cookies” can be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify people, a cookie can only identify one machine. We use both First Party cookies and Third Party cookies. You can set your internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements may not appear correctly, or that you will not be able to use certain applications. By using our website, you agree to our use of cookies.
More details on the use of cookies is to be found on:
https://soulwatcher.art/customer_service/cookie-policy/

Article 15 – Affect of validity – non-renunciation

If any provision of these Terms is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions. Failure at any time by Soulwatcher to enforce, or exercise any right to, any of the rights set forth in these Terms will never be construed as such and will never affect the validity of these rights.

Article 16 – Change of conditions

These Conditions are supplemented by other conditions that are explicitly referred to, and the general sales conditions of Soulwatcher. In the event of contradiction, the present Conditions prevail. Soulwatcher may change these Conditions at any time without further notice. Each purchase after the change implies acceptance by the Customer of these new Terms.

Article 17 – Evidence

The Customer accepts that electronic communications and backups can serve as evidence.

Article 18 – Property right

Photos, texts, video, the Soulwatcher logo and other content are strictly forbidden to be copied or imitated.

Copyrights and intellectual property rights: The copyright on this website rests with Soulwatcher or third parties who have made this (image) material available to Soulwatcher with permission.

Article 19 – Applicable law – Competent court

Belgian law applies, with the exception of the provisions of private international law on applicable law and the Rome-I regulation on international sales contracts for movable property. In case of any disputes, only the courts of Hasselt, Belgium is competent.
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
https://consumerombudsman.be/en

Article 20 – Exclusion of liability

All information on this web page is intended for personal use. No rights can be derived from the information. Modifications and typographical errors reserved. We make every effort to ensure that the information on this web page is as complete and accurate as possible.
Soulwatcher accepts no responsibility for damage in any way arising from the use, incompleteness or inaccuracy of the information offered on this website.

Article 21 – Availabilty

The information and recommendations on this website are subject to change without prior warning or notification. We endeavor to make this web page available as much as possible, but we do not accept any liability for any consequences of (temporary) unavailability.