Terms and Conditions
1. Definitions
Terms and Conditions: The provisions set out below, applicable to your purchase of our Products.
Agreement: Any contract under which we agree to supply Products to you, provided these Terms and Conditions have been met.
Party/Parties: You and/or us.
Product: Any goods offered for sale on our Website.
You/your: The customer who is a consumer under Belgian law (article I.1, 2° WER), i.e., a natural person acting for purposes outside their trade, business, craft, or profession.
Website: www.byguessing.com.
We/us/our: The company indicated in Article 2 of these Terms and Conditions.
2. Our identification
Company Name: VONDOU SRL
Address: Rue Baron de Castro 37, 1040, Brussels, Belgium
VAT/Company Number: BE758.768.048
Email: contact@byguessing.com
Phone: +32470873552
Availability: business hours
3. Application
3.1 These Terms and Conditions apply to all purchases of our Products. When placing an order, you explicitly accept these Terms and Conditions and agree to their application, to the exclusion of any other terms and conditions unless we have accepted them in writing. These Terms and Conditions do not affect the legal rights granted to you under Belgian consumer protection legislation.
3.2 We reserve the right to amend these Terms and Conditions at any time. The version in effect at the time of your order remains applicable.
4. Offer and acceptance
4.1 We make reasonable efforts to ensure accurate information regarding Product characteristics and visuals. Minor deviations in color or appearance can occur due to screen settings or technical constraints.
4.2 Our Products are offered subject to availability. If a Product you order is out of stock, we will notify you promptly by email, and you may cancel that portion of your order.
4.3 We are not bound by offers clearly affected by a typographical or pricing error.
4.4 Your acceptance of an offer occurs when you place an order on our Website. We will confirm your order via email within two (2) working days.
4.5 We may refuse an order if a serious breach by you has previously occurred.
4.6 Parties acknowledge that electronic communication can create a valid Agreement. We may use electronic files within legal boundaries to prove the existence of the Agreement.
5. Prices
5.1 Prices listed on our Website are binding at the time of order. Each price applies only to the described Product. All prices are in euros and include VAT. Any additional charges (e.g., shipping) will be displayed separately.
5.2 We may adjust prices, but we commit to the price indicated on the Website at the time of order. Adjustments due to changes in VAT rates will be reflected in your total amount.
6. Payment
6.1 Payment is due immediately and in full at the moment of placing an order.
6.2 We take reasonable measures to secure online transactions, using reputable payment platforms and encryption technologies.
6.3 Our payments are processed by an external provider (Stripe, Paypal), subject to the provider’s terms and conditions.
6.4 We reserve the right to delay delivery until full payment is received. Ownership of all ordered Products remains with us until payment is settled in full.
7. Delivery
7.1 We aim to ship orders as promptly as possible, typically within 1–3 business days within the EU and 3–5 business days outside the EU, but no later than seven (7) working days, barring unforeseen circumstances.
7.2 You must ensure delivery can occur at the agreed address, either in person or through a designated third party. If delivery fails due to reasons attributable to you, any additional delivery costs may be charged to you.
7.3 Delivery is made by reliable carriers (DHL). We will initiate an investigation if a shipped order does not arrive. Refunds or reshipments are not possible until that investigation concludes.
7.4 If delivery within the normal timeline becomes impossible, we will propose an additional reasonable timeframe or allow you to cancel the Agreement. Should cancellation occur, any amounts already paid will be refunded within fourteen (14) calendar days.
7.5 The Products remain our property until fully paid. However, risk passes to you once you or your designated third party takes physical possession of the Products.
7.6 You are obliged to inform any relevant third parties (e.g., bailiffs in the event of seizure) of our retention of title if necessary.
8. Right of withdrawal (returns)
8.1 You have a statutory right of withdrawal allowing you to cancel your purchase within fourteen (14) days from the day after receiving the Product, without needing to provide a reason.
8.2 To exercise this right, you must notify us via email at contact@byguessing.com within fourteen (14) days of receipt.
8.3 If you properly exercise your right of withdrawal, we will refund the amounts paid within fourteen (14) days of your notification, using the same payment method, unless otherwise agreed.
8.4 You are responsible for returning the Product in its original condition and packaging. You may handle the Product only to determine its nature, characteristics, or function as you would in a physical shop.
8.5 You are liable for any diminished value of the Product due to handling beyond what is necessary to establish its nature, characteristics, and functioning.
8.6 Exceptions to withdrawal (e.g., sealed goods unsuitable for return due to health or hygiene reasons once unsealed) are governed by Article VI.53 of the Belgian Economic Law Code.
9. Legal guarantee
You have rights under Belgian law regarding defective Products. We ensure compliance with the statutory warranty obligations.
10. Customer Service
If you have questions, complaints, or feedback, please contact us at contact@byguessing.com. We value open communication and will do our best to assist you promptly.
11. Liability
11.1 Except as prohibited by law, we shall not be liable for indirect or consequential damages. Our liability for direct damages shall be limited to cases of willful misconduct or gross negligence.
11.2 Nothing in these Terms and Conditions excludes or limits the legal rights you have under Belgian consumer legislation.
12. Personal data
Your personal information is processed in accordance with our Privacy Policy and in compliance with the General Data Protection Regulation (GDPR). Submitting incorrect or false data is considered a breach of these Terms and Conditions. For more details, please see our Privacy Policy at www.byguessing.com/privacy-policy.
13. Intellectual property
All intellectual property rights to our Products and Website content remain our exclusive property or that of our licensors. This includes copyrights, trademarks, designs, and related proprietary rights.
14. Force majeure
We are not liable for failure to fulfill our obligations due to force majeure (unforeseen events beyond our control). If force majeure persists for more than two (2) months, either Party may terminate the Agreement in writing without owing compensation, apart from refunds for undelivered Products.
15. General
15.1 If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions shall remain effective.
15.2 A failure by us to enforce any provision shall not be considered a waiver of our right to enforce it in the future.
16. Applicable law and jurisdiction
16.1 These Terms and Conditions are governed by Belgian law, excluding the Vienna Convention on Contracts for the International Sale of Goods.
16.2 In case of disputes, you may seek an out-of-court settlement via https://ec.europa.eu/consumers/odr/.
16.3 Any dispute that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts where our registered office is located, unless otherwise mandated by law.
For any questions about these Terms and Conditions, please email us at contact@byguessing.com.