TERMS OF USE
GENERAL TERMS AND CONDITIONS OF SALE
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The present general terms and conditions of sale (the “Terms and Conditions”) apply to all orders and all sales transactions on the website www.dropeverythingand.com (the “Site”) concerning the products offered for sale on the website www.dropeverythingand.com (“Products”). The website is owned and operated by Drop Everything BV, Korte Schipstraat 11/2, 2800 Mechelen, Belgium, with company number BE 0766.542.993 (the "Seller", "We", "Our" or "Us", as the case may be), that acts as the Seller of the Products.
The placing of an order on www.dropeverythingand.com implies full acceptance without reservation of these Terms and Conditions. The Seller reserves the right to modify these Terms and Conditions from time to time. Any changes to the Terms and Conditions will only apply to orders placed on or after the date of modification.
Where specified, the provisions of these Terms and Conditions shall apply only to purchases made by a consumer; that is to say, any natural person who is acting for purposes which are outside his trade, business, craft or profession (the “Consumer”, "You" or "Your", as the case may be).
We advise You to print or save a copy of the Terms and Conditions on Your hard disk when You decide to place an order on the Site.
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PLACING AN ORDER
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To place an order on www.dropeverythingand.com, you should meet the following conditions:
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You informed us of Your name, address, email address, payment information and other required information;
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You are at least 18 years old;
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In case You paid using a payment card, You should be the rightful owner or authorized holder of a valid payment card to purchase any Products.
When You create a personal account, you must also create a personal user name (Your email address) and password. Protect Your password at all times and don’t pass it on. You will be held responsible for all purchases made through your user name and password.
Orders on www.dropeverythingand.com have the following process:
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You choose the Products;
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You enter your payment information and choose a delivery address;
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Authorization of payment;
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We send you a confirmation of the receipt of the order by email as soon as the payment has been processed;
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We collect the payment from your bank account;
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We dispatch the Products;
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You receive the Products.
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PROCESSING OF THE ORDER
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Orders placed on www.dropeverythingand.com are not binding to the Seller. They only become binding to the Seller once the Seller has accepted Your order. We have the right to reject your order for any reason.
After receiving your order, we will send you a confirmation email of the receipt of your order with your order number and details of the ordered Products. This confirmation of receipt does not imply that your order has been accepted. The acceptation of your order and the conclusion of the sales contract will take place if and once the ordered Products are sent to you. After shipping the Products, we reserve the right to cancel your order as long as you haven’t received the Products yet.
We have the right to decline your order if:
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A technical or pricing error occurred on the Site at the moment of ordering;
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The ordered Product is not available (in case the ordered Product is not available, we will inform you via email);
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The provided payment information is incorrect or non-verifiable.
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Our security systems indicate that the order is abnormal or possibly fraudulent;
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We have reason to believe that the Consumer is younger than 18 years old.
In case we reject or cancel an order for any of the aforementioned reasons, we will – as the case may arise – refund the price paid for the product and the paid delivery charges.
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PRICES, DELIVERY AND PROCESSING EXPENSES AND TAXES
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The prices mentioned on the Site are inclusive of VAT. They only apply to orders placed on the Site.
Although we have constructed the Site carefully, the prices shown may be in error. Any prices shown in error shall be modified as soon as possible and shall not be binding on us.
Costs for reservation, delivery, processing and applicable taxes will be shown when placing the order. The delivery charges will be shown in the Shopping Cart.
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AVAILABILITY AND DELIVERY OF PRODUCTS
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The Seller does not guarantee that all Products shown on the Site are available. The Seller reserves the right, at any time and without prior notice, to change certain Products, to remove them from the assortment or to no longer make them available for sale.
We try to deliver ordered Products on time. Instances can, however, occur wherein we are prevented from dispatching the Products on time and from meeting our indicated delivery time. Any delivery time specified by us should therefore be considered as a non-binding estimate and not as an obligation to achieve the result of delivering the Products on the estimated delivery date.
Unless otherwise agreed or expressly provided, the place of delivery is the address that the customer has made known to the Seller.
Within a reasonable period from delivery, you, the Consumer, should verify whether you have received the Products in good condition and whether the contents of the delivered package are complete. It is your responsibility to inform us within 48 hours after delivery of any visible defects or non-conformity of the Products and/or any shortages in the Products delivered.
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You must report any hidden defect to Us by registered letter at the latest within 8 days from the discovery of the hidden defect. Failing this, you, the Consumer, can no longer rely on this defect. In addition, a claim on the basis of a hidden defect must be instituted at the latest within the year following the delivery, under penalty of forfeiture.
In any case, the obligations of the Seller will no longer be able to be anything other than the replacement of the defective goods, or - at the Seller's choice - the delivery of a voucher or the payment of the price paid by the Consumer for the delivered Products. The Consumer will not be entitled to any other compensation.
For Products purchased online, all written notices should be directed to the Seller's customer service as stated under 'Contact Details' at the bottom of this page.
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In case you postpone the delivery or the receipt of the Products for an unreasonably long time (max ...days) after we have informed you that we have attempted to deliver the Products to you, or in case you have provided with an incorrect delivery address as a result of which the Products have been returned to us after the first attempt to make delivery, we will assume that you have exercised your right of withdrawal and we will refund the price paid for the Products in accordance with our return policy and the relevant applicable legal provisions.
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OFFER OF PRODUCTS
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The Seller gives a complete and accurate description of the Products, digital content and/ or services being offered on the Site. The description is sufficiently detailed to enable the Consumer to properly assess the offer.
The presentation of the colours of the Products on the Site depends amongst others on the settings of your monitor and the graphic card of the visitor of the website. The colours presented may therefore differ from the actual colours of the Products.
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Obvious mistakes or errors in the offer do not bind the Seller. The Seller is as far as the accuracy and completeness of the information provided, merely bound to an obligation of means. The Seller is under no circumstances liable in the event of manifest material errors, typesetting or printing errors.
If the Consumer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we ask the Consumer to contact our customer service before placing an order.
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PAYMENT
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For settlement of online payments we cooperate with OGONE. OGONE is the market leader in Europe in the field of secured (safe) online payments. We do not have access to the confidential details of payment of our customers. Payment can only be made by authorized credit or debit cards. The authorized cards are mentioned on the Site. You will need to provide the details of the card when you place your order. The costs will be charged when the ordered Products are dispatched. We will only dispatch the Products after the issuer of the card has authorized the use of the card for the payment of the ordered Products.
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RETURNS
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When purchasing Products on our Site, the Consumer has the option to withdraw from the agreement, without giving reasons, during 14 days upon presentation of a receipt or invoice.
This period of 14 days starts on the day after receipt of the Product(s) by or on behalf of the Consumer.
If the Consumer has ordered several goods in the same order that are delivered separately, this period starts on the day after receipt of the last good.
If the delivery consists of several shipments or parts, the term starts on the day on which the consumer takes possession of the last shipment or the last part.
For contracts for regular delivery of goods during a certain period, the period starts on the day on which the consumer takes physical possession of the first good.
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To exercise the right of withdrawal, the Consumer must inform the Seller,
- Drop Everything BV, Korte Schipstraat 11/2, 2800 Mechelen
via an unambiguous statement (e.g. in writing by post, fax or e-mail) of its decision to withdraw from the contract. The Consumer can use the attached model withdrawal form, but is not obliged to do so.
The Consumer must send his communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
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The Seller will, in any case, only approve requests for return if it concerns a complete Product (for example, the two elements of a pair must be returned together), the Product has not been washed or used in any way (other than to the extent necessary to asses whether the Consumer wishes to keep the Product), and the Products are returned with all accessories supplied and - if reasonably possible- in the original condition and packaging to the Seller, in accordance with the instructions provided by the Seller.
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The Consumer must return or hand over the Products to the Seller immediately, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to the Seller.
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The Consumer is on time if he returns the Products before the period of 14 calendar days has expired. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
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The direct costs of returning the goods are borne by the Consumer.
If the Products cannot be returned by post, the Consumer will be responsible for the costs of the return, which will amount to a maximum of [***].
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If the returned Product is in any way diminished in value, the Seller reserves the right to hold the Consumer liable and claim damages for any loss in value of the Products resulting from the Consumer's use of the Products that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
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If the Consumer withdraws from the agreement, the Seller will refund all payments received from the Consumer up to that point, including the standard delivery costs, to the Consumer within a maximum of 14 calendar days after the Seller has been informed of the Consumer's decision to revoke the agreement. The Seller can wait with the refund until it has received all the goods back, or until the Consumer has demonstrated that he has returned the goods, whichever comes first.
Any additional costs as a result of the Consumer's choice of a method of delivery other than the cheapest standard delivery offered by the Seller will not be refunded.
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The Seller reimburses the Consumer with the same payment method with which the consumer made the original transaction, unless the Consumer has expressly agreed otherwise; in any case, the Consumer will not be charged for such reimbursement.
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It is the Consumer's responsibility to ensure that the Products remain safe and protected while under his custody. Treat the Products with care and return them in the condition in which they had been delivered to the Consumer. Please ensure that the Products are packaged appropriately.
Return or replacement of the Products can only take place after We have received all of the Products to be returned.
In case you return Products which you
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were not authorized to return,
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that spoil quickly or with a limited shelf life,
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which were manufactured according to the Consumer's specifications,
or which are clearly intended for a specific person, -
which are not suitable for return for reasons of health protection or hygiene,
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of which the seal has been broken after delivery,
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which are no longer in their original state,
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which have not been packaged appropriately,
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which are incomplete,
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for which you have not paid for the delivery
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or in relation to which you have not exercised the care required for returning the Products in good condition,
we reserve the right to reject your return and to reject the requested refund or to charge you for the costs required to undertake the necessary repairs, re-stocking or similar direct costs arising out of or in connection with the payments which need to be refunded to you (without prejudice to the applicable legal provisions).
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REFUND
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Refunds can only take place after all Products have been returned to us in their original state. When you chose to pay with credit card, you will be refunded on this card. When you chose to pay with bank transfer, we will deposit the refund on this account. All refunds are made within 14 days after receiving the returned Products.
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CIRCUMSTANCES OUTSIDE OF OUR REASONABLE CONTROL
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We will do everything necessary to fulfil Our obligations. We can, however, not be held liable for a delay or non-performance of Our obligations in case this has been caused by circumstances outside Our reasonable control. In case of delay, We will perform as soon as reasonably possible.
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LIABILITY
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These Terms and Conditions set out the full extent of the Seller’s obligations and liabilities in respect of the supply of Products. To the maximum extent permitted by applicable law, there are no warranties, conditions or terms that are binding on the Seller except as expressly stated in these Terms and Conditions.
We are not liable on the basis of breach of contract, tort, indemnity or otherwise for any economic loss (including, but not limited to, any loss of income, profits and/or turnover or expected savings), loss of data, loss of goodwill or reputation damages, or any other indirect, unforeseeable, special or consequential damages, regardless how caused. Nothing in these Terms and Conditions shall limit your legal rights and nothing in these Terms and Conditions is intended to limit or exclude liability for fraud or wilful misconduct.
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PROOF
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The Consumer accepts that electronic communications and backups can serve as evidence.
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PERSONAL DATA
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With the aim of offering the best services to its Consumers, the Seller collects personal data of its Consumers and does this in accordance with the currently applicable privacy legislation (including the General Data Protection Regulation (EU) 2016/679).
Find an extensive explanation here.
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SEVERABILITY
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A term or part of a term of these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining terms or parts of the term of these Terms and Conditions continue in force.
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CONTACT DETAILS
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In case you would have further questions, comments or complaints regarding purchasing Products through the Site, you can contact our customer service through contact details bellow.
Complaints submitted to the Seller will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Seller will respond within 14 days with a confirmation of receipt and an indication when the Consumer can expect a more detailed answer.
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You can contact us at:
Drop Everything BV
Korte Schipstraat 11/2
2800 Mechelen
BELGIUM
T: +32 (0)479 40 74 73
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APPLICABLE LAW
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Belgian law applies to all legal relationships between the parties. In the event of a dispute the Seller and the Consumer, the Courts of Antwerp have exclusive jurisdiction.
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