Worldwide shipping, except Belgium

Terms & Conditions

 

www.gardeco.shop (the “Web Shop”/ the “Site”) is owned and operated by Gardeco Objects bv, Molendamstraat 12, 8210 Zedelgem, Belgium, registered under number 2092998296 with VAT number BE 0466 935 135 (hereinafter also referred to as “Us” or “We”). These terms and conditions are of exclusive application on your transaction as prospective purchaser and buyer (collectively, “Buyer” – hereinafter also referred to as “Customer(s)” or “You(r)”), and by accessing our website and accepting to purchase items from our Web Shop you have read, understood and explicitly agree to be exclusively bound by present return terms and conditions. In case you do not agree with these terms and conditions, you have the option of discontinuing the use of present Web Shop prior to placing any order.

I. AGREEMENT TO TERMS

In addition, You agree to have read the General Terms and Conditions of Sale of Gardeco bv, which can also be reviewed here.

Therefore, please read these terms and conditions carefully before ordering items online from the Web Shop.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the Site after the date such revised terms and conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

II. USER REPRESENTATIONS

By accessing and using the Site, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;]

(3) you have the legal capacity and you agree to comply with these Terms and Conditions;

(4) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;

(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

(6) you will not use the Site for any illegal or unauthorized purpose;

(7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse or cancel any orders as well as all current or future use of the Site (or any portion thereof).

III. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Belgium, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

IV. PRIVACY POLICY and GDPR

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in Belgium.

Through this privacy policy, Gardeco Objects bv informs you about the way in which your personal data is handled within our organization. We respect your privacy and adhere to the rules set by the AVG/GDPR. By providing your data you agree to our privacy statement. Our employees and third parties engaged by us are obliged to respect the confidentiality of your data.

If you access the Site from outside the European Union, or any region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Belgium, then through your continued use of the Site, you are transferring your data to Belgium, and you expressly consent to have your data transferred to and processed in Belgium.

V. CONDITIONS OF SALE

THE SALES PROCESS

When a Buyer identifies an Item for purchase, the Buyer may order the Item directly through the Web Shop’s checkout page. When making an order, the Buyer shall submit valid payment information to Gardeco Objects bv for payment of the Total Purchase Price. By making an order, the Buyer irrevocably agrees to pay the Total Purchase Price as defined under article III of present terms and conditions. Once an order is placed, it cannot be revoked except in case of prior and express agreement thereto by Us. We are not obliged in any manner to accept a request for order cancellations, neither are we obliged to explain our refusal.

All information on the website only constitutes an invitation to purchase. In other words, the information is not an offer or binding contract. The Buyer agrees that his purchase order is a request to purchase the products listed in the order.

Gardeco Objects bv is entitled to verify any order in advance at all times, and/or to refuse to accept an order, and/or to request the Buyer to adhere to additional conditions, requirements or payments without having to provide reasons for such decision and without any liability to the Buyer or any third parties. All orders submitted by the Buyer are subject to acceptance by Gardeco Objects bv.

Gardeco Objects bv may reserve the right in their sole and absolute discretion to rescind an order and purchase of the item without liability, compensation or penalty to the Buyer. (Non-limitative) examples of when We may not accept your order are:

  • If products are shown on the website but are not or no longer available;
  • If We are unable to obtain authorization of your payment;
  • If certain shipping restrictions or additional dues may apply to products;
  • If products shown on the website contain a manifest error such as being incorrectly priced or otherwise incorrectly described.

After your order has been placed, We will send you an order acknowledgement email with your order number and details of the products you have requested to purchase, together with the shipping details.

All products will remain the property of Gardeco Objects bv until the Buyer has paid all amounts owing to Us in full under any agreement, including the payment of (extra) costs, earlier or later deliveries or partial deliveries. You may therefore at your own risk and peril not sell or dispose of any products without prior agreement of Gardeco Objects bv.

  1. DESIGNS AND MATERIALS

Small irregularities and differences may occur to the items sold because each piece of the collection is handmade and therefore unique. The Buyer accepts that the items can show small differences in colour, weight and slight surface variations, which are inherent characteristics of the natural materials that are being used. Complaints that address variations of this kind will not be accepted as valid and do not allow for refunds, rejection of the goods or cancellation of the purchase.

  • PRICE

The “Total Purchase Price” is defined as the agreed price on the Webshop between Buyer and Seller, and includes: (i) the final, agreed price of the Item (the “Purchase Price”); (ii) any applicable shipping fees; and (iii) any sales tax, use tax, VAT, Internet sales tax and/or any other taxes, costs, duties or levies that the Seller is required to collect from the Buyer under applicable law at the time of sale. By making an order, the Buyer irrevocably agrees to pay the Total Purchase Price. All prices are quoted in Euro.

The Buyer shall pay the Seller such Taxes as the Seller is required to collect, but failure of the Seller to collect the Taxes will not relieve the Buyer’s obligation. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into the country of destination or any other country. In the event that an exemption applies, it is the Buyer’s sole responsibility to establish and/or document any applicable exemption from Taxes.

In addition to article I of present conditions of sale, Gardeco Objects bv reserves the right to make price changes prior to an order being placed by You. Gardeco Objects bv also reserves the right to change, limit or terminate any special offers or discounts at any time.

  1. PAYMENT TERMS AND CONDITIONS

Immediately upon confirming the order, the Buyer shall proceed with the payment of an amount equal to the full amount (100%) of the Total Purchase Price.

For the settlement of the payment transaction, Gardeco Objects bv works with an external service provider, namely Mollie www.mollie.com. The processing of the payment transaction and the storage of the credit card, debit card or other payment method data is done by Mollie. By placing their order, the Customer(s) of the Web Shop declare(s) and accept(s) that he/she/they have taken due note of and agree to Mollie’s general terms and conditions, which can be consulted at https://www.mollie.com/en/privacy, as well as to any other terms and conditions which Mollie may impose as part of the payment process. The Customers themselves are responsible for passing on their payment details to Mollie. Gardeco Objects bv disclaims any and all liability in this regard, insofar and to the maximum extent permitted by law.

If Gardeco Objects bv suspects fraud or malpractice of any kind whatsoever, Gardeco Objects bv can proceed to blocking the current payment transactions pending further investigation. Identity and fraud checks may be conducted. This involves checks on details provided during the order process including the address details. This may involve your details being passed to a third-party fraud investigating company. On occasion, We may ask for additional information in order to process your order. We will conduct this process as quickly and discretely as possible, however on occasion the dispatch of goods may be delayed. We cannot be held responsible for such eventual delays.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You herewith agree to the use of electronic signatures, contracts, orders and other records, and to the electronic delivery of notices, policies, terms and records of transactions initiated or completed by Us or via the Site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. INVOICING

Where We choose, or are required by applicable law, to issue or make an invoice, Gardeco Objects bv reserves the right to issue or make electronic invoices and you agree to such form of invoicing. An invoice on a company entity can be requested when completing the order online.

  1. DELIVERY

Gardeco Objects bv will deliver to the address indicated by the Buyer. Gardeco Objects bv only delivers to a home or office address, not to PO boxes. Deliveries will take place on normal business days, not being a public holiday in your country or in the area in which our distribution centre is located.

Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to any compensation. Gardeco Objects bv is entitled, in so far as reasonably possible, to make split deliveries so that you receive your products as soon as possible. There are no additional costs associated with such split deliveries.

If, prior to entering into the sales contract, Gardeco Objects bv discovers that it can no longer deliver the standard products ordered, We may offer you an equivalent product in terms of quality, price and function. You are not obliged to accept the replacement standard products. In the unlikely event that, after entering into the sales contract, Gardeco Objects bv can no longer deliver your products and is not responsible for this situation, Gardeco Objects bv will be entitled to terminate the sales contract. Gardeco Objects bv will, of course, inform you as soon as reasonably practicable and reimburse any payments made.

Gardeco Objects bv reserves the right to correct or cancel any transaction if an error is made in calculating shipping.

Gardeco Objects bv delivers worldwide with exception of Belgium. Should you have any questions, please contact Us at shop@gardeco.eu.

  • RETURN OF PRODUCTS – EU COUNTRIES

If the Buyer is not fully satisfied with the standard Gardeco Objects bv products, the Buyer may request to return the ordered items as indicated below, and, in case of acceptance of Buyers’ request, We will ensure that the Buyer obtains a refund. Simply follow the guidelines explained below.

Subject to the provisions of these purchase terms, the Buyer may return the standard products received without specifying any reasons when done in writing within 3 days after delivery of the goods. If the return falls outside of this period, or the item is used beyond normal use, damaged or not in its original state and packaging, Gardeco Objects bv cannot accept the returned items and cannot give a refund.

If the Buyer would like to withdraw from the sales contract with Us, the Buyer simply returns the standard products to Us. To ensure proper insurance coverage, all return shipments must go through Gardeco Objects bv (read IX. return guidelines). Any international customs duties and taxes will not be refunded. Return shipping costs are for the exclusive account of the Buyer and may be higher than the original shipping cost.

In the event of a valid return in accordance with these purchase terms, Gardeco Objects bv will reimburse the purchase price received by you minus 15% of the total amount of the invoice within fourteen days after receipt by Gardeco Objects bv of a notification that you wish to exercise your right of withdrawal. The Purchase Price being the total amount, the Buyer has paid minus 15% for transport and handling cost. This is provided however, only after Gardeco Objects bv has taken physical receipt of the returned products in good order.

The length of time of the return transit is beyond our control; although We will process it as quickly as reasonably possible, We need at least fourteen days to receive and to process your return. Although Gardeco Objects bv will refund the money within approximately 2 days after processing your return, the Buyer’s bank or credit card company may require additional time to process your refund and transfer it back to your account. We’ll notify you via e-mail once We’ve received and processed the returned product(s). Refunds will be given in the same form of payment as the original purchase.

If a standard product is returned and Gardeco Objects bv believes that it has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, Gardeco Objects bv will be entitled to deduct the decrease in value of the returned products as a result of this damage from the amount to be repaid to you.

  • RETURN OF PRODUCTS – NON-EU COUNTRIES

You can contact shop@gardeco.eu to see under which conditions you can withdraw from the sales contract.

  1. RETURN GUIDELINES

To ensure proper insurance coverage, all return shipments must go through Gardeco Objects bv. In order to organize a return please send an email to shop@gardeco.eu. The Buyer will be contacted within 2 workdays to handle the return. A specific procedure on how to handle the return will be emailed to you. It will contain the following specific steps:

  • Send an email to shop@gardeco.eu with in attachment the original order confirmation or invoice. Clearly mention the order number, name. In case of damage, share pictures that clearly show the damaged products with its original packaging (see damaged or defective products).
  • Gardeco Objects bv will confirm receipt of this email within 2 working days and have transport arranged.
  • The Buyer will be contacted by either Gardeco Objects bv or the Transport company to inform about the selected drop-off point.
  • Once the products have been picked up and inspected in the warehouse, Gardeco Objects bv will refund the Buyer. Please note that all elements mentioned in X. Returns of Products will apply.
  1. DAMAGED OR DEFECTIVE PRODUCTS

Returned products are inspected by Gardeco Objects bv and refunded if the damage is the result of a manufacturing defect or material quality. We commit to fully refund the purchase cost of any defective products.

If the problem was caused by reasons other than a manufacturing defect or material quality, the original product is returned to you. We do not refund products:

  • Obtained from a source other than the website;
  • Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, extreme weather circumstances, etc.);
  • Damaged by misuse or activities other than the intended purpose.

Please note the life expectancy of any Gardeco Objects bv product depends on the individual using of the products and the conditions of use. Products that are damaged by normal wear and tear or that have exceeded the reasonable lifespan of the products are not replaced.

  1. LIMITATIONS OF LIABILITY

In no event or circumstance will Gardeco Objects bv, its directors, employees, partners or agents be liable to You or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including amongst others lost profit, lost revenue, loss of data, or any other costs or expenses which exceed the amount of the net purchase price of the ordered item (excluding shipping costs, taxes, dues, levies…).

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  •  APPLICABLE LAW AND DISPUTES

Belgian law applies to all our transactions as well as to all disputes between Gardeco Objects bv and its Customers. All disputes that cannot be settled amicably will resort under the exclusive jurisdiction of the court of enterprises (Ondernemingsrechtbank) of Ghent, department Bruges (Brugge).

  • MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between You and Us.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and conditions, and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms and conditions or use of the Site. You agree that these terms and conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these terms and conditions and the lack of signing by the parties hereto to execute these terms and conditions.

Vi. CONTACT INFORMATION

Questions about the Terms & conditions should be sent to Us at shop@gardeco.eu.

 

Gardeco Objects bv

Molendamstraat 12, 8210 Zedelgem, Belgium