ARTICLE 1 : PURPOSE
These General Sales Conditions will exclusively govern the framework of commercial relations that may arise between the Customer and the company Sandexy. They will prevail over any other general or special condition.
The term Customer is understood to mean any natural or legal person who starts a commercial relationship to purchase products offered by Sandexy online on its website www.junglesociety.com. Customers are considered legally empowered to place orders and able to conclude a commercial transaction with Sandexy.
Article 2 – ACCEPTANCE OF THE GENERAL SALES CONDITIONS
The use of the website www.junglesociety.com, as well as any order placed with Sandexy, necessary involves, as an essential and determining condition, the unconditional acceptance of these General Sales Conditions by the Customer.
The Customer may save these Sales Conditions as well as the contractual conditions of his/her order by downloading them and recording the order confirmation email addressed to him/her automatically after making the purchase at the email address indicated. This order confirmation contains the references of the order together with a link to consult these General Sales Conditions.
Article 3 – CONTACT DETAILS
Sandexy is a private limited liability company under Belgian law with registered offices in Belgium at 21, Drève des Tumuli, B-1170 Watermael Boitsfort.
Sandexy is registered in the Crossroads Bank for Enterprises (BCE) under number 670.666.809; Intra-community VAT No. 670.666.809.
Tel.: +32 (0)2 660 90 57 (from 09.00 to 16.00)
Article 4 – PLACING ORDERS
Products are available for purchase through the www.junglesociety.com website.
Orders are exclusively placed in the English language on the website.
To order an article, it is necessary to add it to the Customer’s basket. The Customer can choose the number of articles he/she wishes to order.
The Customer should then fill in the details of his/her customer account or create one, select the delivery method and the payment mode and insert any promotional code or gift voucher number. The Customer may then check the details of his/her order and, if necessary, correct any errors before confirming the order.
The “confirm order” button allows the Customer to confirm the order placed. It then becomes definitive, and a sale contract is concluded. Confirmation that the order has been received from the Customer is sent by email. Until the order has been confirmed, the Customer may cancel the contract.
The delivery of the products ordered is made against reception of full payment of the sale price, plus any possible delivery expenses.
Notwithstanding any written proof or one saved on another durable medium to which the Customer has access, it is agreed that the computerized records held in Sandexy’s IT systems, its host or payment partner constitute proof of communication, the content of the order and all the transactions between the parties.
Article 5 – SPECIAL PRODUCT OFFERS
If a product offer is accompanied by a limited period of validity (“flash sale”) or is accompanied by particular conditions, this will be explicitly indicated in the offer.
Article 6 – PRICES AND PAYMENT MODES
Prices are indicated in euros and include VAT. The VAT rate applied is the one in force in the country where the delivery address is located.
The prices indicated do not include delivery costs, which are mentioned separately. Any expenses related to payment for the order are the Customer’s responsibility.
Sandexy reserves the right to modify the sale price at any time. The purchased products will nevertheless be invoiced at the price indicated in the order confirmation email.
Sandexy reserves the right to reject any order from a Customer with whom there is a legal dispute, either present or past.
Purchases may only be made by credit card, bancontact or Paypal. The Customer guarantees that he/she is fully entitled to make credit card payments, and that the related credit card account has sufficient funds to cover the costs of the commercial transaction that arise from the order.
The Customer’s account will be debited after the order is validated, and the payment will become effective at the moment when the Customer’s bank confirms its acceptance to Sandexy’s bank. In the event of a rejection by the Customer’s bank, the order will be automatically cancelled.
Payment for purchases on Sandexy’s website is secure thanks to SSL encryption. Sandexy does not have direct access to the confidential data linked to payments; these data are not recorded by Sandexy.
The products remain the property of Sandexy until the price has been paid in full.
Article 7 – AVAILABILITY
The products on offer and their prices are valid within availability of stock.
In the event of the unavailability of a product or all the quantities included in a confirmed order, the Customer will be informed by email of the total or partial cancellation of his/her order. If the unavailability is notified to the Customer when the sum of the order has already been processed through his/her bank account, Sandexy will immediately present its bank with a refund request. The Customer will be informed of this by email. The speed of reimbursement will depend on the payment mode selected. If a credit card has been used, the refund will be indicated in the Customer’s next monthly expense statement.
Article 8 – DELIVERY
Sandexy takes the greatest possible care during the reception and preparation of orders for products.
Unless the Customer specifies a different delivery address, the place of delivery is considered to be the invoicing address that the Customer has notified when placing his/her order.
Sandexy will process accepted orders within 10 (ten) working days at the most, unless a longer delivery period has been stated when the order is placed.
If the delivery suffers a delay or if an order cannot be executed or may only be executed partially, the Customer will be informed in a clear and comprehensible manner 10 (ten) working days at the latest starting from the date the order is placed. In this case, the Customer is entitled to cancel his/her order and either request an equivalent product or a refund. In the latter case, Sandexy will return the sum paid by the Customer at the earliest possible opportunity, and at the latest within 30 working days starting from the date of cancellation.
Unless specifically stated otherwise, the risk of damage to and/or loss of products is Sandexy’s responsibility up to the moment when the products are delivered to the Customer.
Article 9 – RIGHT OF CANCELLATION (RETURN AND REIMBURSEMENT)
The Customer has the right to notify Sandexy that he/she is cancelling the purchase, without any penalisation or obligation to present a reason, within 14 (fourteen) calendar days starting from the day after the date when the Customer (or a third party nominated by the Customer) takes physical possession of the full delivery of an order or, in the event of the split delivery of an order, on the date when the Customer (or a third party nominated by the Customer) takes physical possession of the last goods item.
The notification of withdrawal must be made through the opt-out form provided by Sandexy on its website, duly completed and signed, or through an unambiguous statement explaining the Customer’s decision to withdraw.
The right to withdraw of the Customer is subject to the return of the full delivery within 14 (fourteen) calendar days starting from the date when the Customer exercises his/her right of cancellation. The products returned must be shipped as new, in their original packaging and in perfect condition, and must be accompanied by the invoice and the duly filled in return form.
Any return in which the sender cannot be identified will be rejected. After the period of 14 (fourteen) days, Sandexy will no longer be able to accept the return, and may return it to the sender. Returns will be sent to Sandexy’s address indicated in Article 3.
Only the shipping costs related to the return will be the Customer’s responsibility. The reimbursement of the order will be made within 14 (fourteen) days following that on which Sandexy is informed of the Customer’s decision to cancel under the terms of the present article, on condition that all the return modalities have been strictly observed and that Sandexy has recovered the product.
The right to opt out may also be exercised after the order is made and before it is sent. In this case, the refund will also be made within 14 (fourteen) days of the date when Sandexy is informed of the Customer’s decision to withdraw from the contract exercised under the terms of this article. Sandexy will send an email to inform the Customer of the reception of the return and the introduction of a claim for reimbursement.
Exception to the right to opt out: the Customer will not be able to exercise his/her right to opt out in the case of orders for products that cannot be returned for health or hygiene reasons (e.g. cosmetic and underwear products) of the packaging of these products has been unsealed after delivery.
Article 10 – CONFORMITY AND GUARANTEE
The basic characteristics and the prices of the products are indicated on the pages containing the detailed descriptions of the products. The description is sufficiently detailed to enable the Customer to make a correct evaluation of the product(s) on offer.
The illustrations of the products used by Sandexy are a faithful representation of the same. The images shown on its website do not, however, have any contractual value.
Sandexy accepts no liability for errors that may appear in descriptions of products and services. Nevertheless, and on condition that they have been notified to Sandexy in writing, the company undertakes to rectify any such errors at the earliest possible opportunity, within its possibilities and resources.
Article 11 – LIABILITY
Sandexy does not accept any liability regarding the content of third party websites to which it may establish a hypertext link, in particular with regard to personal data protection.
Sandexy accepts no liability in the event of damage arising from a malfunction or the inappropriate use of the products sold.
Sandexy shall not be held liable for a delay in the processing or non-processing of orders in cases of force majeure, such as, above all, disruption through total and partial strike action, particularly by postal, transport and/or communications services, flooding, fire, etc. In any event, Sandexy’s liability is restricted to the sums paid for the order that has led to a claim for liability of Sandexy.
Article 12 – USE OF DISCOUNT AND GIFT VOUCHERS
Discount vouchers may be distributed free of charge by Sandexy within the framework of promotional activities. They have an expiry date, may not be sold and are not transferable.
The discount vouchers are only valid for the indicated period and may be used once within the framework of a single order. Sandexy reserves the right to limit these discount vouchers to certain products. A discount voucher may not be used to purchase gift vouchers. A minimum purchase sum may be established for each discount voucher.
To be able to use a discount voucher, the value of the order must be at least equal to the sum of the discount. The difference between the sum of the discount voucher and the price of the order may be settled via any of the means of payment provided.
A payment made through the discount voucher is not refundable and does not generate interest. In the event of the total or partial return of products, the part of the price paid through the discount voucher will not be reimbursed.
To apply a discount voucher to an order, the Customer must enter the appropriate discount voucher code before sending the order. The application of discount vouchers to orders already sent is excluded. Unless otherwise indicated, it is not possible to accumulate several discount vouchers.
Gift vouchers are discount vouchers that the Customer may purchase.
Any differences between the sum of the gift voucher and the sum of the order may be settled via the means of payment provided by Sandexy. If the value of the gift voucher is higher than the total sum of the order, the difference will be credited to the Customer’s account with Sandexy.
To be able to use the credit corresponding to a gift voucher, the Customer must enter the code that appears on the gift voucher before sending an order.
The credit materialized by gift vouchers does not generate interest and cannot be reimbursed, even when the Customer exercises his/her right to opt out.
Article 13 – INTELLECTUAL PROPERTY RIGHTS
JUNGLE SOCIETY is a trademarked name. Sandexy prohibits anyone from disseminating, in whatever manner, the logo or the name JUNGLE SOCIETY, or terms including the JUNGLE SOCIETY brand without the express and prior written consent of Sandexy.
The www.junglesociety.com website is the exclusive property of Sandexy, the holder of all rights applicable to it. More broadly, all the texts, illustrations and images, music, brands, logos and distinguishing marks used on the www.junglesociety.com website are protected. All rights of reproduction, transmission or means of dissemination of its content are strictly reserved to Sandexy. The Customer undertakes to respect these rights and abstain from any illegal action that may be considered counterfeiting or unfair competition.
Article 14 – CLAIMS
On leaving its premises, every product put on sale by Sandexy is checked with the aim of guaranteeing the best possible quality.
However, if the product or service delivered does not correspond to the specifications stated on the delivery note (e.g., different size, different model, etc.) or it presents a defect, the Customer may return it within 14 (fourteen) calendar days starting from the day after the date of delivery of the order. Once this period has expired, no claim or return will be considered valid or accepted. It is understood that a product may not be considered non-conforming if it corresponds to the description provided by Sandexy.
For example, the fact that a Customer may have seen a colour or size that is different from the reality on the www.junglesociety.com website, this cannot be considered a case of non-conformity of the product.
In this case, the Customer may choose to exchange the product, have it repaired or receive reimbursement under the conditions stated in Article 9. The return costs will be reimbursed to the Customer by Sandexy in the form of a gift voucher to be used in his/her next purchase. A receipt for these return costs must be attached to the returned package. If this is not the case, these costs will not be reimbursed. Any return must be made by registered mail or by a transport/courier service, with the Customer keeping a copy of the proof of dispatch.
On the www.junglesociety.com website the Customer will find a section titled “how to take care of your bathing suit”. This section includes a series of measures to be taken in order to take care of Jungle Society products. We strongly recommend that you follow these instructions to ensure the good maintenance of the goods.
Article 15 – MISCELLANEOUS
In the event of one or more clauses of these General Sales Conditions being considered null and void, they will not affect the legitimacy of the other clauses, which will remain valid.
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Article 17 – MODIFICATIONS TO THE GENERAL CONDITIONS.
Any modifications made to these General Sales Conditions will only become effective after they have been published on the www.junglesociety.com website, it being understood that those in force during the placing of an order will continue to be applied to the sale contract between Sandexy and the Customer.
Article 18 – LITIGATION
Any dispute related to the application or interpretation of the present General Sales Conditions will be exclusively governed by Belgian law. The law courts of Brussels shall have sole jurisdiction.