GENERAL CONDITIONS OF SALE

Business information 

GYMP nv,
hereinafter referred to as ‘Gymp’, ‘we’, ‘us’, ‘ours’ and ‘gymp.be’

Waregemstraat 14 – 8792 Desselgem – Belgium

Company identification number: BE 0447.149.808
Telephone : 0032 56 65 06 82
Email: webshop@gympflags.be
IBAN: BE56363205441188

COC Kortrijk

Article 1: General provisions

Our webshop offers consumers the opportunity to buy products online. These General Terms and Conditions of Sale apply to every order placed. When placing an order, the customer must expressly accept the General Terms and Conditions of Sale, by which he agrees to their applicability to the exclusion of all other terms and conditions of sale. Additional terms and conditions of the customer are excluded, unless they have been accepted by us beforehand, in writing and expressly.

Other conditions concerning privacy, cookies, intellectual property are mentioned on the website.

Article 2: Price

All prices quoted are in EURO including VAT, taxes or duties.

If delivery, reservation or administrative costs are charged, these will be stated separately.

The price refers exclusively to the articles as described verbatim. The accompanying photos are indicative and may contain elements that are not included in the price.

Article 3: Availability

The webshop is composed with the greatest possible care, yet it is possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer are not binding on us. We are bound by an obligation of means with regard to the correctness and completeness of the information offered. Under no circumstances shall we be liable for manifest material errors, publication or printing errors.

If the customer has specific questions about e.g. sizes, colour, availability, delivery time or method of delivery, our customer service can be contacted in advance.

The offer is always valid as long as stocks last and can be adjusted or withdrawn at any time. We cannot be held liable for the unavailability of a product.

In the event that a product is out of stock, customer service will inform the consumer and propose an alternative such as an alternative article, refund or delivery at a later date.

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated.

Article 4: Online purchases

The order is placed by going through the steps on the website. The order is considered placed when the last step of the ordering process has been completed and the payment process has been approved.

The customer has the choice between the payment methods listed on the payment page. The payment only becomes effective when the customer's bank gives its approval. In the event of refusal, the order is considered not to have been placed.

We are entitled to refuse an order due to a serious shortcoming on the part of the customer.

Article 5: Delivery and execution of the agreement

The shipping costs for Belgium, Netherlands, Luxembourg, and Germany are 4.95 euros for orders below 75 euros. The shipping costs for continental France, Austria and Denmark are 9.95 euros for orders below 100 euros. The shipping cost for continental Italy and Poland is 17.95 euros for orders below 150 euros. The shipping cost for Spain and Ireland is 14.95 euros for orders below 150 euros. The shipping cost for Sweden is 19,95 euros for orders below 200 euros. For other countries and places that are part of the territory of these countries but are outside mainland Europe, e.g., islands, different conditions apply, contact our customer service for this.

Your order will be processed the next working day. Below you will find the details of deliveries per country. The number of days for delivery is indicative.

• Belgium, Netherlands, Germany, Luxembourg: 1 - 3 days
• Austria, France, Denmark: 2 - 4 days
• Italy, Spain, Poland, Ireland, Sweden: 3 - 5 days

If the delivery time is exceeded, the consumer will first be notified of a new delivery time. The consumer then has the right to accept this delivery time or to terminate the agreement.

Orders are delivered to the specified address. If the courier cannot deliver your order, for example, because the address is not accessible or there is no one to accept the delivery, our customer service will contact you to arrange a new delivery, and additional delivery costs may be charged. In case of loss of a delivery by the courier, we will resend your order at no cost. If this is not possible, we will refund the full amount, including any transportation costs. Any visible damage, qualitative deficiency, or incorrect delivery must be reported immediately to our customer service. The risk of loss or damage passes to the customer as soon as they physically receive the goods. 

Article 6: Right of withdrawal

The provisions of this article apply only to consumers who purchase items online.

The consumer has the right to withdraw from the contract within a period of 14 calendar days without giving any reason. The withdrawal period expires 14 calendar days after the day the consumer physically receives the goods.

To exercise the right of withdrawal, the consumer must inform our customer service of their decision to withdraw from the contract through an unequivocal statement. The consumer must return the goods without delay, but in any case no later than 14 calendar days after the day they informed their decision to withdraw from the contract.

Customer service provides the customer with the necessary documents and instructions for returning the goods. The cost of returning the goods is 4.95 euros, borne by the consumer, and will be deducted from a refund. The refund will be made using the same payment method that the consumer used, unless the consumer agrees to a different method. All payments made by the consumer, including any delivery costs, will be refunded in case of a full return. For example, if the consumer returns 1 of the 5 ordered goods, the refund of the delivery costs is excluded.

Returning is possible if the items are unworn and in their original condition. Hygienic fitting of items is of course allowed. If you want to return the item, make sure to return it to us in its original condition. If an item has decreased in value due to use by the customer, this will be charged to the customer. The consumer is only liable for the decrease in value of the goods resulting from the use of the goods, which goes beyond what is necessary to determine the nature, characteristics, and functioning of the goods.

If the consumer withdraws from the contract, we will refund the customer within a maximum of 14 calendar days after all returned goods have been received, or from the moment the consumer has demonstrated that they have returned the goods. The consumer will be refunded using the same payment method as they used for the original transaction.

To exercise the right of withdrawal, the Buyer must notify the GYMP Customer Service of his/her decision to withdraw from the contract through an unequivocal statement. This can also be done by using the model form provided for in Annex 2 of Book VI of the Economic Law Code.

The consumer cannot exercise the right of withdrawal for gift vouchers.

 

Article 7: Guarantee

In accordance with the law of September 21, 2004, concerning the protection of consumers in the sale of consumer goods, the consumer has legal rights. The legal guarantee applies from the date of delivery to the first owner.

The customer must contact customer service and return the item at their expense.

As for the delivery of goods, we apply the statutory minimum warranty of two years if the item is not in conformity with the placed order. This means that in case of defects or defects in the item, free repair or replacement is possible up to two years after delivery. Where possible and reasonable, you have the choice between repair or replacement. Only in case repair or replacement is excessive or impossible or cannot be carried out within a reasonable period, you have the right to demand a price reduction or the dissolution of the sales agreement.

The legal guarantee never applies to defects arising from accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, adjustments or alterations to the item, rough handling, poor maintenance, or any other abnormal or incorrect use. Under no circumstances is a limitation placed on the guarantee you have under Belgian law.

Defects that manifest themselves after a period of 2 years following the date of delivery are presumed not to be hidden defects, unless proven otherwise by the customer.

 

Article 8: customer service

Our customer service is available:

- By email to webshop@gymp.be

- By phone on 0032 56 65 06 82 every working day on Monday to Thursday : 9h to 12h and 13h to 16h and on Friday : 9h to 13h

GYMPsaves the history of your orders and invoices, so you can find them in your account.

Article 9: Invalidation - non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 10: Proof

The customer accepts that electronic communications and backups shall serve as furnishing of proof.  

Article 11: Applicable law - jurisdiction

Belgian law applies, with the exception of the provisions of international private law regarding applicable law. The courts of the consumer's place of residence have jurisdiction in judicial disputes.

Both parties undertake, in case of possible discussions or disagreements regarding the application or interpretation of these General Sales Conditions, to first seek an amicable solution before initiating legal proceedings.

In the event of an out-of-court settlement of the dispute, the Consumer Ombudsman of the Federal Government is competent to receive any requests for an out-of-court settlement of consumer disputes. It will either handle the request itself or forward it to a qualified entity. You can reach the Consumer Ombudsman via this link: https://consumentenombudsdienst.be/nl.

Article 12: Complaints