TERMS OF SERVICE
 
INTRODUCTION
 
This Website is operated by Die Stijl. Throughout the site, the terms “we”, “us” and “our” refer to Die Stijl. The following documents set out Your and our rights and obligations in relation to the sale of Products:
  • The Terms of Service;
  • The Return Policy;
  • The Refund Policy and Return Instructions;
  • The Privacy & Cookie Policy;
  • The Size Guide;
  • The Shipping Info.
 
Please read these documents carefully when You use our Website and when You place an Order.
 
These documents may be amended from time to time, as set out in clause 18. These Terms of Service were most recently updated on [23/01/2018].
 
These Terms of Service, and any Contract between us, are only in the English language. By entering into the Contract, You certify that You understand the English language. In the event that You have trouble understanding any part of these Terms of Service, You can e-mail us at diestijl@gmail.com.
 
SECTION 1 – DEFINITIONS
 
In these Terms of Service the following definitions are applicable:
 
“Business Day”: Every day, except Saturday or Sunday and national holidays.
 
“Customer” or “You”: Every natural person who acts for purposes that fall outside of his commercial, corporate, crafts or professional activities and who purchases or will potentially purchase Products via the Website of Die Stijl.
 
“Contract”: The agreement concluded between Die Stijl and You for the purchase of Products via the Website of Die Stijl. The Contract shall be governed by these Terms of Service and the other documents as listed in the introduction of these Terms of Service.
 
“Day”: calendar day.
 
“Dispatch Confirmation”: The e-mail sent by Die Stijl to You to confirm their Order and accept the Contract.
 
“Model Form”: The from available for all Customers who wish to withdraw the Contract they concluded at a distance.
 
“Offer”: The offer of the Products via the Website of Die Stijl.
 
“Order”: Every order of Products by You via the Website of Die Stijl.
 
“Order Confirmation”: an automatic confirmation that confirms that we have received Your order and that appears on Your screen after You have placed Your Order via the Website and/or is sent to You via e-mail.
 
“Product”: All the goods available for purchase on the Website of Die Stijl.
 
“Right of withdrawal”: Your right to cancel the Contract for any reason, concluded between us and You within a period of thirty (30) Days after receipt of the Products, as further set out in clause 11.
 
“Site/Website”: The Website of Die Stijl.
 
Supplier”: Every natural person or corporate who is not part of the Contract between Die Stijl and You but who supplies the Products to You.
 
SECTION 2 - INFORMATION ABOUT US
 
2.1. We operate the Website DIE STIJL. We are Prospect – Die Stijl Comm.V., a company registered in Belgium under company and VAT number (BE)0644.755.238 and with our registered office at Nachtegaalstraat 5, 9040 Gent.
 
2.2. Contacting us:
                                                                                                 
  1. To withdraw a Contract in accordance with Your legal right to do so as set out in clause 11, You just need to let us know that You have decided to withdraw. easiest way to do this is to e-mail us at diesstijl@gmail. If You are emailing us or writing to us please include details of Your Order to help us to identify it. If You send us Your cancellation notice by e-mail, then Your cancellation is effective from the date You send us the e-mail.
  2. If You wish to contact us for any other reason, including because You have any complaints, You can contact us by e-mailing us at diestijl@gmail.com.
  3. If we have to contact You or give You notice in writing, we will do so by e-mail to the address You provide to us in Your Order.
 
2.3. We are available between these hours: Monday-Friday 8am-6pm.
 
SECTION 3 – APPLICABILITY
 
3.1. Those Terms of Service are applicable to every Offer of Die Stijl and to every Contract concluded at a distance between Die Stijl and You.
 
3.2. The Terms of Service will be made available to You electronically, before entering into a Contract (by clear hyperlinks placed throughout our Website and by asking You to accept the Terms of Service prior to entering into the Contract). The Terms of Service will be made available to You in a manner that will allow You to save the Terms of Service on a durable electronic data carrier (e.g. in a .pdf file, that will be included in our Dispatch Confirmation). In case this is reasonably not possible, the Consumer will be informed, before entering into a Contract, of the possibility to consult the Terms of Service and to request a copy of the Terms via an electronic way or via any other way, without costs.
 
SECTION 4 – OUR PRODUCTS
 
4.1. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that Your computer's display of the colors accurately reflects the color of the Products. Your Products may vary slightly from those images.
 
4.2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
 
4.3. The packaging of the Products may vary from that shown on images on our Site.
 
4.4. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any Offer for any Product made on this Site is void where prohibited. The foregoing shall not affect any Offer definitively placed by You.
 
SECTION 5 – USE OF OUR SITE
 
5.1. To place an order via the Website You must be of legal age in Your jurisdiction.
 
5.2. The use of our Site is governed by these Terms of Service. When placing an Order, the following purchase procedure shall be followed:
  1. Search for the Product that You want and put it in Your shopping cart;
  2. Prior to clicking check-out, You can review the items in Your cart and add to or modify if necessary;
  3. You will then be asked to provide Your customer information and shipping address, or, if You have an account, You can log in to Your account;
  4. Next, You will be asked to select the shipping method. The cost of shipping will be clearly indicated;
  5. Then, You will be asked to select the appropriate payment method;
  6. Finally, You will be able to review Your order and modify any of the aforementioned elements, if necessary. To finalize Your order, You must click the button ‘complete order’. You will also be asked to accept our Terms of Service.
 
5.3. As soon as You click on the button ‘complete order’, You have the obligation to pay the total price that appears in the overview of Your Order.
 
5.4. As soon as we have received Your Order, an automatic Order Confirmation will appear on Your screen. Within a reasonable time after You’ve placed Your order on the Website, You will receive a Dispatch Confirmation. After receipt of the Dispatch Confirmation, the Contract is formed.
 
SECTION 6 – FORMATION AND DURATION OF THE CONTRACT
 
6.1. As set out in clause 5, our shopping pages will guide You through the steps You need to take to place an Order with us. Our order process allows You to check and amend any errors before submitting Your order to us. Please take the time to read and check Your Order at each page of the order process.
 
6.2. After You place an Order, an automatic Order Confirmation will appear on Your screen and will be e-mailed to you. The Contract will enter into force at the moment You receive the Order Confirmation and will remain in force until our obligations have been executed.
 
 
 
SECTION 7 – PRICES
 
7.1. The prices of the Products will be as quoted on our Site at the time You submit Your Order. We use our best efforts to ensure that the prices of the Products are correct at the time when the relevant information was entered into the system. However please see clause 7.6 for what happens if we discover an error in the price of Product(s) You ordered.
 
7.2. Prices for our Products may change from time to time, but changes will not affect any Order You have already placed.
 
7.3. The price of a Product includes VAT at the applicable current rate in Your country of residence. However, if the rate of VAT changes between the date of Your Order and the date of delivery, we will adjust the VAT You pay, unless You have already paid for the Products in full before the change in VAT takes effect.
 
7.4. The price of a Product does not include delivery charges. Our delivery charges are as advised to You during the check-out process before You confirm Your order and depend on the country to where the Products must be shipped.
 
7.5. The total price will be mentioned in the payment window and is inclusive of any taxes, delivery costs, etc. This price will be mentioned in the Dispatch Confirmation. We recommend You print out or download the Dispatch Confirmation. In case You pay by credit card, the total amount will be in Your local currency.
 
7.6. Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products You have ordered we will contact You in writing to inform You of this error and we will give You the option of continuing to purchase the Product at the correct price or cancelling Your order. We will not process Your order until we have Your instructions. If we are unable to contact You, using the contact details You provided during the order process, we will treat the Order as cancelled and notify You in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as a mispricing, we do not have to provide the Products to You at the incorrect (lower) price.
 
SECTION 8 – PAYMENT AND MEANS OF PAYMENT
 
8.1.      You can pay for the Products via the following means of payment:
  1. American Express;
  2. Master card;
  3. Maestro;
  4. Visa;
 
8.2. The payment takes place at the moment of the placement of the Order.
 
8.3. In case You pay by credit card, we detain the amount due by You from Your account at the moment Your order leaves the premises of the Supplier.
 
8.4. In case You pay via bank transfer, we will start the delivery process the moment we receive Your payment. This may take a few Days. In case we do not receive Your payment within 12 Days after You have placed Your order, Your order will be cancelled automatically.
 
SECTION 9  – SHIPPING AND DELIVERY
 
9.1. At the moment of placement of the Order, we will give You an estimated delivery date. This date is not binding and can be modified during the processing of Your Order. You will receive an e-mail with the Dispatch Confirmation (with tracking number and a new estimated delivery date) as soon as the Order leaves the premises of our Suppliers and within 3-5 Business Days after the date of the Dispatch Confirmation.
 
9.2. We only deliver on Business Days, unless our appointed subcontractor also delivers on any other Day. This will be indicated in the Dispatch Confirmation. We can only deliver to a home address or office address in one of the countries as mentioned in the Shipping Info.
 
9.3. In case there is no one available at Your address during the delivery, we will leave You a note [.
 
9.4. We reserve the right to make partial deliveries of the ordered Products, for example in case part of Your Order is delayed or unavailable. In case of partial delivery, we will notify You by sending an e-mail to the e-mail address provided by You at the moment of the placement of Your Order.
 
9.5. We rely on third party subcontractors (worldwide) to deliver the Products. We cannot be held liable for any damages arising out of late delivery due to a shortcoming by such shortcoming. This does not affect the rights awarded to You by the applicable consumer legislation.
 
9.6. Please check the packaging at the moment of delivery/collection for possible damage. In case Your Products are damaged, You must not accept the delivery and notify us immediately via the following or e-mail address diestijl@gmail.com
 
9.7. If we miss the notified delivery deadline, from the moment of the Dispatch Confirmation, for any Products then You may cancel Your Order straight away if any of the following apply:
  1. we have refused to deliver the Products;
  2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
  3. You told us before we accepted Your Order that delivery within the delivery deadline was essential.
 
9.8. If You do not wish to cancel Your Order straight away, or do not have the right to do so under clause 9.7, You must give us a new deadline for delivery, which must be reasonable. If we miss the deadline again, You can cancel Your Order.
 
9.10. If You do choose to cancel Your Order for late delivery, You can only cancel the entire Order. If the Products have been delivered to You, You must follow the procedure as set out in clause 11.
 
SECTION 10 – YOUR RIGHT TO CANCEL YOUR ORDER BEFORE DELIVERY
 
10.1. You may cancel the Contract without a reason and without costs prior to the shipment of Your Order.
 
10.2. Please check Your ‘Order Status’ before cancelling Your Order. You can check Your ‘Order Status’ via a link in the Dispatch Confirmation.
 
10.3. If the status of Your Order is ‘pending or ‘on hold’, You can cancel Your Order by sending an e-mail to diestijl@gmail.com. Your Order will be cancelled and You will receive an e-mail to confirm Your cancellation. In case it was not possible to cancel Your Order, the Product will be delivered and You can return the Product following the procedure as set out in clause 11.
 
10.4. In case Your order status is ‘processed’ it is no longer possible to cancel Your Order. Your Product will be delivered and You can return the Product by following the procedure as set out in clause 11.
 
SECTION 11 – YOUR RIGHT OF WITHDRAWAL AND REFUND
 
11.1. As a consumer, You have a legal right to withdraw the Contract during the term as set out in clause 11.3. This means that if You change Your mind or decide for any other reason that You do not want to keep a Product during the relevant period, You can notify us of Your decision to withdraw and receive a refund. You do not have to provide a reason for Your withdrawal.
 
11.2. You may only withdraw the Contract if the Products:
 
  1. have not been worn, washed or used in any other way. However, it is permitted to try on the clothes, shoes, etc.;
  2. Are complete, and;
  3. Have their original labels.
  4. If the products are not discounted 
 
11.3. You have 14 Days to withdraw the Contract. The starting point of the term to exercise Your right to withdrawal may vary. The following rules apply:
 
  1. In case Your Contract is for the delivery of a single Product, the term of 14 Days will start the Day after You receive the Product.
  2. In case Your Contract is for the delivery of multiple Products which are delivered on separate Days, the term will start the Day after You have received the last of the separate Products ordered.
  3. In case Your Contract is for the regular delivery of a Product over a set period, the term will start the Day following the Day on which You receive the first delivery of the Products.

 
11.4. You must notify us of Your decision to withdraw the Contract by contacting us at returns.diestijl@gmail.com. If You use this method, we will e-mail You to confirm Your withdrawal. Your withdrawal will be effective from the date You emaill us.
 
 
 
 
 
11.5. If You withdraw the Contract, we will:
(a)        refund You the price You paid for the Products. However, please note we are permitted by law to reduce Your refund to reflect any reduction in the value of the Products, if this has been caused by You handling them in a way which would not be permitted in a shop. All discounted items ar olny refundable with a giftcard.
All shipping fees to return the item, and the original shipping fees, are non-refundable. unless a customer received a wrong item or the item was faulty.
(b)       make any refunds due to You within 10 to 30 business days after we received the Products.
 
11.6. If You have returned the Products to us under this clause 11 because they are faulty or not as described, we will refund the price of the Products in full, together with any applicable delivery charges.
 
11.7. All shipping fees to return the item, and the original shipping fees, are paid by the customer. Unless a customer received a wrong item or the item was faulty.
 
11.8. We will refund You on the credit card or debit card used by You to pay. If You used vouchers to pay for the Product, we may refund You in vouchers.
 
11.9. If a Product has been delivered to You, and You wish to withdraw the Contract:
 

  1. then You must return the Products to us without undue delay and in any event not later than 14 Days after the Day on which You let us know that You wish to withdraw the Contract. You can either send it back, by handing it to our authorised carrier. Our returns address is nachtegaal straat 5 / 9040 Sint-Amandsberg;
  2. All shipping fees to return the item, and the original shipping fees, are non-refundable. unless a customer received a wrong item or the item was faulty.
 
11.10. Because You are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, You have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by Your right of return and refund in this clause 11 or anything else in these Terms.
 
11.11. It is not possible to change Your Product. However, it is possible to return Your Product by following the procedure as set out in this clause 11.
 
SECTION 12 – WARRANTY AND COMMERCIAL GUARANTEE
 
12.1. You have the right to a legal warranty of two (2) years. The legal warranty covers every defect or lack of conformity of the Products that manifests itself within the period of two (2) years from the date of delivery of the Products. However, You must inform us of the defective Products within a period of two (2) months after the defect becomes known to You or could have reasonably become known to You.
 
12.2 In case a defect occurs within the period of two (2) years, You must follow the procedure as set out in clause 11. After the return of the defective Product, we will send You a new Product and we will carry all the costs in relation to the exchange of the Products. The Product can only be delivered in so far they are still available/In stock at the premises of our Suppliers. In case the Product is no longer available/in stock we will refund You all the costs You have made and of the price of the Product, except those costs You made for the return of the defective Product.
 
12.3. The warranty in clause 12.1 does not apply to any defect in the Products arising from:
  1. normal wear and tear;
  2. wilful damage, abnormal storage or working conditions, accident, negligence by You or by any third party;
  3. if You fail to operate or use the Products in accordance with the user instructions;
  4. any alteration or repair by You or by a third party who is not one of our authorised repairers; or
  5. any specification provided by You.
 
12.4. Some of the Products we sell to You may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. If You are a Consumer, a manufacturer's guarantee is in addition to Your legal rights in relation to Products that are faulty or not as described.
 
12.5. In order to invoke Your right of warranty, You must be able to submit Your purchase receipt or Your receipt or the invoice stating the purchase date of the Products.
 
SECTION 13 – USE OF YOUR PERSONAL DATA
 
13.1. We only use Your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to You.
 
SECTION 14 – EVENTS OUTSIDE OUR CONTROL
 
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
 
14.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation: acts of God, strikes, lock-outs or other industrial action by third parties, ‘bugs’ in third party software or hardware, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
 
14.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
  1. we will contact You, via e-mail, as soon as reasonably possible to notify You; and;
  2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to You, we will arrange a new delivery date with You after the Event Outside Our Control is over.
 
14.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than (30) thirty Days. To cancel please contact us via the following e-mail address diestijl@gmail.com. If You opt to cancel, You will have to return (at Your cost) any relevant Products You have already received and we will refund the price You have paid.
 
SECTION 15 – TRANSFER AND SUBCONTRACTORS
 
15.1. We may transfer our rights and obligations under a Contract to a Supplier (e.g. for the delivery of the Product), but this will not affect Your rights or our obligations under these Terms of Service.
 
15.2. You may only transfer Your rights or Your obligations under these Terms of Service to another person if we agree in writing. However, if You have purchased a Product as a gift, You may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
 
SECTION 16 – COMPLAINT PROCEDURE
 
16.1. If You have any complaints, You can contact us via diestijl@gmail.com. We will handle Your complaint as quickly as possible.
 
16.2. In case of disputes that cannot be settled amicably, the Consumer Mediation Service can be contacted to settle the dispute out of court. The Consumer Mediation Service can be contacted via https://www.consumerombudsman.be/en (for Belgium).
 
16.3. In case of cross-border complaints, You can submit Your complaint to the Online Dispute Resolution platform provided by the European Union, http://ec.europa.eu/odr.
 
SECTION 17 – GOVERNING LAW AND COMPETENT JURISDICTION
 
17.1 These Terms of Service are governed by Belgian Law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by Belgian law. You and us both agree to that the courts of Antwerp, division Antwerp (Belgium) will have exclusive jurisdiction in case the dispute cannot be settled outside of the court.
 
SECTION 18 - OUR RIGHT TO VARY THESE TERMS
 
18.1. We may amend these Terms from time to time. Please look at the top of this page to see when these Terms of Service were last updated.
 
18.2. Every time You order Products from us, the Terms of Service in force at the time of Your order will apply to the Contract between You and us.
 
18.3. Any new Products, features or tools which are added to the current store shall also be subject to these Terms of Service.
 
SECTION 19 – MISCELLANEOUS
 
19.1. Without prejudice to any of the rights and remedies granted to You by the applicable law or these Terms of Service, our liability for direct damages will be limited to the value of Your Order.
 
19.2. The nullity of any provision or part of a provision under this Contract will in no way affect the validity of the remaining portion of the provision or the rest of the provisions and clauses.
 
19.3. Certain content, Products and services available via our Service may include materials from third parties.
Third party links on this site may direct You to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.