1. DESCRIPTION
1.1 The GTC define the rights and obligations of the parties in the context of the sale of products/services (hereinafter the “ products/services”), via the website www.designforresilience.be (hereinafter referred to as the “site”). These GTC govern any sale of products made on the site.
1.2. The GTC are concluded between, on the one hand, COLIGNON Vanessa, Founder of Design for Resilience, Activity 14163, admin[AT]designforresilience.be, 0032 28 80 87 06, affiliated with PRODUCTIONS ASSOCIEES ASBL, registered with the Belgian Crossroads Bank for Enterprises under number 0896.755.397 (VAT BE 0896.755.397) whose registered office is located at 72, Coenraets Street in 1060 Brussels, Belgium, hereinafter referred to as the “seller” and, on the other hand, the person placing an order, hereinafter referred to as the “buyer”. The buyer and the seller are hereinafter jointly referred to as the “parties.”
1.3 Any order implies prior consultation and express acceptance of the T&Cs by the buyer, without this acceptance being conditional on a handwritten signature from the buyer. In accordance with the provisions of the law of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures, the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and serves as proof of the completeness of the order and the enforceability of the sums due in execution of the order.
1.4 The buyer declares to have full legal capacity.
2. THE PRODUCTS/SERVICES FOR SALE
The products/services offered for sale are those listed on the site, with a description of their essential characteristics, at the date and time of the buyer's consultation of the site, and within the limits of available stock. The seller makes all reasonable efforts to display the availability of the products/services in real time on the site, but cannot be held responsible if a product is no longer available to fulfil the order. In the event of unavailability of any of the products/services ordered, the buyer will be informed, and will have the option to either modify their order or cancel it, in which case they will be refunded the amount of their order if they have already made the payment.
3. SALE PRICE OF DISPLAYED PRODUCTS/SERVICES
3.2 When placing an order, the buyer agrees to pay, in addition to the purchase price of the ordered products/services, the preparation and delivery charges (hereinafter referred to as the "charges"). These charges vary depending on the type and quantity of products/services ordered, and the chosen delivery method, and are inclusive of VAT. The buyer can check the amount of these charges on the site by consulting their "Basket", where a calculation of the total amount corresponding to the purchase price of the products/services and the charges is displayed. The seller reserves the right to change the amount of the charges at any time, but the charges will be invoiced based on the rates in effect at the time of the order. These charges remain due and will not be refunded if the buyer returns all or part of the order under their right of withdrawal.
3.3 The products/services are only delivered to the countries for which the site allows delivery. Any incorrect delivery address is the responsibility of the buyer and may incur additional charges. The indicated delivery times are not binding but are provided for purely indicative purposes. No delay in delivery shall give rise to the payment of damages to the benefit of the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer will be refunded without interest or compensation.
4. ORDER TERMS
4.2 The seller will confirm each order by sending an email mentioning in particular:
1° the main characteristics of the good or service ordered;
2° the identity of the seller, including their business number and trading name;
3° the geographical address of the seller as well as their phone number and email address;
4° the total price of the goods or services including all taxes and any additional transport, delivery, and other charges;
5° the terms of payment, delivery and execution and the date on which the company commits to deliver the goods or to perform the services ;
6° the terms provided by the company for handling complaints;
7° the conditions, time frame and methods for exercising the right of withdrawal;
8° the conditions under which the consumer will not benefit from the right of withdrawal, as outlined in art. 7 of the T&Cs;
9° the existence of a two-year conformity guarantee (one year if it concerns second-hand products), as provided by articles 1649bis to 1649octies of the Civil Code, and a guarantee against hidden defects, provided by articles 1641 to 1649 of the Civil Code, and by art. 10 of the T&Cs;
10° the possibility of addressing the European platform for dispute resolution, to initiate an amicable settlement procedure.
The data recorded by the seller, as well as the order confirmation, will constitute proof of the contractual relationships that have occurred between the parties.
4.3 The seller reserves the right to refuse or cancel any order or delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order, refusal of credit card payment authorisation by banking institutions or for any other valid reason. In this case, the seller's liability could not, in any case, be engaged.
5. PAYMENT TERMS
5.2 The ordered products remain the property of the seller until full payment of the purchase price and the fees indicated at the time of the order.
6. DELIVERIES
6.2 The order is delivered to the address provided by the buyer.
6.3 For a delivery in Belgium, the seller will make every effort to ensure that the order is dispatched to the delivery address within thirty working days following the validation of the order and receipt of payment. The delivery person will arrive at this address between 8 am and 6 pm on working days and will hand over the package(s) to the recipient or to any other person present at the indicated address. In case of absence, a notice will be left at the delivery address. It will then be the buyer's responsibility to contact the delivery person to agree on either a new delivery date to the same address, a new delivery date to a new address, or a collection at the nearest Post Office. Failure to do so within 15 days from the date of the notice left by the delivery person, or if the buyer is absent during the new delivery, the order will be automatically returned to the seller, who will contact the buyer to schedule a new delivery of the order. In this case, additional delivery charges may be billed to the buyer.
6.4 For a delivery outside of Belgium, the seller will make every effort to ensure that the order is delivered within 45 days for the European Union and 60 days for countries outside the European Union, following the validation of the order. The delivery methods will be specific to the postal services of the relevant country.
6.5 If the buyer has designated the carrier, the transfer of risks to the buyer occurs at the moment when the ordered products are made available to the carrier. Proof of this availability will be evidenced by the control system used by the carrier.
6.6 It is the buyer's responsibility to check the shipments upon arrival and to formulate any reservations and claims that may appear justified, or even to refuse the package if it is likely to have been opened or shows obvious signs of damage. If there are any claims following the receipt of the order, it is essential to send an email to the address sav[AT]designforresilience.be, subject “Delivery Claim”, with supporting photos, within 48 hours after receipt of the order.
Send my Delivery Claim via an online form
7. RIGHT OF WITHDRAWAL AND RETURN TERMS
Within this period, the buyer must notify the seller of their intention to exercise their right of withdrawal, in the following manner:
- Send an email to sav[AT]designforresilience.be
- Notify the name and surname of the buyer
- Provide a detailed description of the item(s) concerned, with reference to the invoice number and date issued
or
- fill in the form available on the SPF Economy website (downloadable via our website as well)
Send my form
7.2 The return to the seller will be made to the address referenced on the package, unless otherwise instructed to the buyer, who must keep proof of shipment.
7.3 If the buyer wishes to exchange instead of a refund, they should specify this in the email and the seller will inform them, in addition to the availability of the item, of any additional payment required or partial refund if applicable.
7.4 All costs and risks associated with the return shipment of the items are the responsibility of the buyer.
7.5 In the event of the buyer exercising their right of withdrawal and returning the products no later than fourteen (14) days following the communication of their decision to withdraw according to the terms agreed in the previous paragraphs, the seller commits to refund the purchase price to the buyer upon receipt of the products by the seller.
7.6 In the case of a refund for returned products/services, the seller will credit the credit card used for the payment of said products with an amount equivalent to the purchase price of those products, minus the amount of any vouchers or discounts applied at the time of the order. The buyer's refund will be processed according to the terms agreed with the issuing bank of the card.
7.7 The buyer may not exercise their right of withdrawal if the delivered products have been used, have been damaged, contain missing parts, or if the labels have been removed.
7.8 The products must be returned properly protected, in their original packaging, in perfect resale condition, accompanied by any accessories, user manual, etc. Otherwise, they cannot be returned or exchanged.
7.9 Custom-made or personalised products/services or pre-ordered items cannot be returned or exchanged under any circumstances. Learn more about the Rules relating to and specific to pre-order sales.
7.10 Products returned but not accepted for return by the seller are held at the buyer's disposal with the seller. The buyer remains obliged to pay the price. In the case of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.
7.11 The seller states on the site the conditions, time frame, and terms of the right of withdrawal, as well as the model withdrawal form.
7.12 Possible existence and conditions of after-sales assistance, after-sales service, or additional commercial warranty.
Design for Resilience offers a paid repair service for sportswear, clothing items, as well as household linen.
This service does not apply to products that undergo daily wear, such as textile maintenance products like dish sponges. Indeed, the natural property of our felting materials prevents the sponge from unraveling when it starts to wear out.
However, if it is a matter of replacing a label that allows you to hang your accessory, we could replace it to ensure comfort of use and effective drying. It is also possible to re-sew your dish sponge in the event of a break in the sewing thread.
Our repair rates, reserved exclusively for our clients and for textile products from the Design for Resilience brand purchased on our eshop, are at an hourly rate of €38.5 including VAT/h, excluding supply costs. These repair rates will be indexed each year.
In addition to these costs, shipping fees for the package will be added, to be defined before sending the item to be repaired, via the shipping form available on the customer service tab. You can of course come and drop off your item to be repaired at our workshop, by appointment.
To ensure the health of the seamstress or tailor, please send us only your items that have been previously washed, using an eco-friendly liquid detergent, without synthetic fragrance or fabric softener, and dried to avoid any possible skin or respiratory complications. If the instruction (prior cleaning) is not followed, we reserve the right to refuse your request, increasing treatment fees by €10 + shipping costs to be borne by the customer, or to apply a flat fee for cleaning costs of €4.50 including VAT. These rates will be indexed each year.
To order a repair, you must fill out the online contact form of our customer service (after-sales service), provide us with one or more photographs of the area(s) to be repaired; clear, high-quality and taken in daylight. You can obviously make an appointment at our workshop. If we can repair your item, we will submit a quote to you as soon as possible and carry out your repair within a period of 1 to 3 weeks, starting from the receipt of a deposit of at least 50% of the repair price.
8. PRIVACY PROTECTION REGARDING THE PERSONAL DATA OF BUYERS
8.2 The seller therefore does not sell, market, or rent to third parties the information concerning buyers. In the event of the transfer or use by third parties of personal data, the seller commits to inform the buyer in advance and to allow them to exercise their right to object. The seller may also provide statistics relating to their buyers, their sales, the structure of exchanges, and information on the site to third parties, but these statistics will not contain any personal data. However, this article shall not prevent the transfer or assignment of activities to a third party.
8.3. The seller retains personal data only for as long as necessary to achieve the specific purposes for which the processing is carried out. To determine the appropriate duration, account is taken of the quantity, nature and sensitivity of the personal data, the purposes for which they are processed, and the possibility of achieving those purposes by other means. It is also taken into account the necessity to comply with its legal and regulatory obligations. When the data is no longer necessary, it is subject to destruction.
8.4. Provided that the legal conditions are met, the buyer has the right to:
• request information to know if the seller holds personal information and, if so, what that information is and for what purposes it is processed;
• access their personal data and, if necessary, rectify it;
• obtain the erasure of such data or the restriction of its processing, which allows;
• lodge a complaint with the Data Protection Authority.
The buyer can exercise the above-mentioned rights by means of a dated and signed request accompanied, for security reasons, by a copy of their identity card. The request can be sent to the seller by post to the address Design for Resilience, Avenue de la Couronne 227, 1050 Ixelles, Belgium, and by email to the address sale[AT]designforresilience.be If the request is manifestly unfounded, access may be refused and reasonable fees may be charged.
9. LIABILITY
10. WARRANTY OF CONFORMITY
For certain products, particularly hemp sponges, the buyer acknowledges being informed of the specific characteristics of the materials that make them up. Design for Resilience works with irregular materials by their nature and natural properties, which may lead over time to random breakage of certain threads during use. The frequency of use of the hemp sponges, as well as the way in which customers use and maintain them, will determine their rate of degradation. In these circumstances, the guarantee of conformity cannot be invoked regarding this product.
11. INTELLECTUAL PROPERTY
The content of the site, including the underlying technology, may be protected by copyright, trademark law, or other intellectual property rights. The seller allows the buyer to place a simple link on their own site that directly refers to the seller's site. However, any hyperlink referring to the site and using framing or in-line or deep linking techniques is prohibited. In all cases, any link must be removed at the seller's simple request.