Article 1: General information

These general terms and conditions of sale govern the contractual relations between the purchaser and Caroline Swolfs/Communication Gear SPRL, the seller, within the framework of products sold on the www.carolineswolfs.com website.

The purchaser acknowledges that they have familiarised themselves with these general terms and conditions of sale and declares that they expressly agree to them by placing an order. Validation of the order implies acceptance of the general terms and conditions of sale.

Caroline Swolfs/Communication Gear SPRL reserves the right to adapt or alter these terms and conditions at any time, in part or in full, and with no prior notice. When the purchaser places an order on the website, the applicable general terms and conditions of sale shall be those in force on the website at the time the order is accepted.

The option of purchasing items online on the www.carolineswolfs.com website is reserved for any private individual or company legally entitled to do so. These general terms and conditions of sale are the only ones that apply, excluding any general or special terms and conditions issued by the purchaser that the vendor has not expressly agreed to in writing.

Article 2: Ordering

To place an order, the purchaser shall supply all the information required to identify them, by filling in the available form. Caroline Swolfs/Communication Gear SPRL cannot be held responsible for any mistakes made by the purchaser in the details provided regarding the recipient of the order (delivery address, billing address, etc.), and for any delivery delays, or for the inability to deliver the products ordered as a result of these errors.

By confirming their order, the purchaser accepts the description of the products and their price, and declares and acknowledges their acceptance of the general terms and conditions of sale.
The purchaser shall subsequently receive a confirmation of all orders via an acknowledgement of receipt, sent via email and confirming their full details, the description of the product, the quantity ordered, the price (inclusive of VAT), the delivery charges, and the payment and delivery method.

Caroline Swolfs/Communication Gear SPRL reserves the right to suspend, cancel, or refuse the purchaser’s order, including in the event where the information disclosed by the purchaser proves to be evidently inaccurate or incomplete, or where there is a dispute relating to payment for a previous order.

Article 3: Pricing

The prices of our products are shown in euros, inclusive of VAT (21%) and exclusive of delivery charges, which will be shown when the order is placed and before it is finally confirmed. The purchaser shall automatically be liable for any increase in VAT or a new tax that may be imposed between the time of the order and the time of delivery.

The purchaser shall be responsible for the shared costs involved in preparing and dispatching the order and which are identified when the order is placed, before its approval.

Caroline Swolfs/Communication Gear SPRL reserves the right to alter its prices at any time and with no notice, primarily due to fluctuations in the price of supplies. The price applied shall be the price in force at the time the order is recorded, subject to availability at that date.

For deliveries outside the European Union, the price shall be calculated exclusive of VAT when the total order amount is calculated, before it is approved. Customs duties, local taxes, and import duties are likely to be charged; the purchaser is liable for these taxes and duties and is responsible for them. Purchasers are advised to seek advice from the competent authorities in their country.

Article 4: Payment

All orders are payable in euros by secure online payment.
Transactions are performed via Visa, Mastercard and Maestro credit cards. Bancontact and/or Mistercash transactions are also possible in Belgium. Transactions performed on the Caroline Swolfs/Communication Gear SPRL website are secured by the Ingenico payment system (www.payment-services.ingenico.com). Any information exchanged in order to process the payment is encrypted via the TLS protocol. The data cannot be detected, intercepted, or used by third parties, nor are they stored on our information systems.

Ingenico provides technical services, and does not handle claims relating to orders. These claims must be settled directly with Caroline Swolfs/Communication Gear SPRL and/or your bank.

For more information about Ingenico, please go to the www.payment-services.ingenico.com website.

The organisation responsible for the security of the payment mentioned at the transaction stage is likely to change without prior notice.

Purchases are payable at the time the order is placed, and shall only be dispatched to the purchaser if the full price, including VAT (exclusive of VAT for deliveries outside the European Union) and delivery charges, has been paid.

Likewise, any order or delivery may be stopped in the event that the financial bodies that authorise the payment refuse to pay.

Article 5: Products

Our range of products and their prices are valid as long as they are offered on the website, within the limit of available stocks.

The descriptions, photographs and dimensions relating to the products are provided for information purposes, and no technical or typographical error may give rise to any claim from the buyer, or result in Caroline Swolfs/Communication Gear SPRL being held responsible.

The dimensions of the products may slightly differ, as each piece is handmade.

Article 6: Delivery

Most of the items shown on the Caroline Swolfs/Communication Gear SPRL website are made to order. The item shall be made and sent to the delivery address specified by the purchaser within a reasonable timeframe (usually 30 calendar days as from the date when the order is paid in full, including 2 to 8 business days for shipment).

An estimated delivery timeframe shall be provided to the purchaser in the email confirming the order. This estimate is provided for information purposes, and is not binding on Caroline Swolfs/Communication Gear SPRL. Accordingly, any delay in the delivery of the order shall not give rise to any compensation, damages, interest, the termination of the agreement and/or suspension of the purchaser’s obligations under any circumstances. A new email notification shall be provided in the event of earlier delivery.
In the event that the item is out of stock, the purchaser shall be informed that the delivery timeframe may be extended. In that event, they shall either have the option to cancel their order and request full repayment, or to order a product or other products as a replacement for the unavailable product, or to wait until the product(s) concerned is/are back andin stopck. If no reply is received within seven days following the sending of the email informing the purchaser of the delay, they shall be deemed to have agreed to the order and the new deadline.

Products purchased on the Caroline Swolfs/Communication Gear SPRL website are delivered via Bpost or another carrier to the specified delivery address in Belgium, countries of the European Union, and most countries outside the European Union. The goods shall be delivered in exchange for the signing of a delivery slip by the person receiving the goods.

In the event that the purchaser is out when the item is delivered, an attempted delivery notice will be left in their letter box, asking them to request a second delivery or to collect their parcel from the post office or the carrier. The delivery shall be considered as having been made on the date when the products are presented at the delivery address for the first time. Beyond that date, Caroline Swolfs/Communication Gear SPRL can no longer be held responsible for the delivery of the items ordered, and for the fees requested by the carrier for presenting them again.

The purchaser is required to check that the goods delivered match their order when they receive them, before signing the delivery slip.
Any damage relating to shipping conditions noticed at the time of delivery, or any failure of the product delivered to match the purchase order must be mentioned on the delivery slip (missing or damaged product, etc.).
Caroline Swolfs/Communication Gear SPRL must be notified of any delivery problems (missing or damaged items) via an email addressed to caroline@carolineswolfs.be within two working days following receipt of the products. The returned item in question must then reach Caroline Swolfs/Communication Gear SPRL within 14 days of receipt, with a request for exchange or refund, at the following address: Caroline Swolfs/Communication Gear SPRL, c/o POY Worldwide, Mechelsesteenweg 455 box 7, 1950 Kraainem, Belgium.

Caroline Swolfs/Communication Gear SPRL cannot be held liable in the event that a delivery deadline is not met, or delivery proves impossible, if this is due to a force majeure event. All events and circumstances that are unforeseeable and beyond the parties’ control, such as strikes, fire, flooding, theft, or all exceptional circumstances that would result in the delivery being delayed, or in rendering it impossible, are considered as force majeure events.

If, due to circumstances beyond Caroline Swolfs/Communication Gear SPRL, its obligations cannot be fulfilled or simply made more costly or difficult, Caroline Swolfs/Communication Gear SPRL and the purchaser undertake to negotiate an amendment to the contractual conditions within a reasonable timeframe in good faith and fairly, in order to restore the import of those conditions. If no agreement can be reached within a reasonable timeframe, each party may request the termination of the contractual relations between the parties, with no damages or compensation of any kind.

Article 7: Transfer of ownership – Transfer of risk

The transfer of ownership of the products ordered occurs at the time the price is paid in full, including dispatch costs and VAT. Accordingly, the purchaser is informed that they are exclusively liable for the risks relating to delivery. All risks relating to the products delivered are transferred to the purchaser at the time of delivery.

Article 8: Cancellation right

In accordance with legal provisions, the purchaser has a cancellation right. The purchaser has 14 calendar days from the day following the item delivery date to inform the seller that they are cancelling the purchase, without incurring any penalties or having to provide any grounds for their decision.
Beyond this 14-day period, the products delivered shall be deemed to match the order and to have been accepted by the purchaser.

Any cancellation right must be exercised via an email addressed to caroline@carolineswolfs.be.

The products must be returned to the following address: Caroline Swolfs/Communication Gear SPRL, c/o POY Worldwide, Mechelsesteenweg 455 box 7, 1950 Kraainem, Belgium. The purchaser is liable for the shipping fees involved in returning the product to Caroline Swolfs/Communication Gear SPRL. Any returned item must be accompanied by a copy of the original purchase invoice.

Returned products must be in perfect condition, and sent back in their original packaging. They must be carefully wrapped, in order to avoid any damage during their return. The purchaser is responsible for the return of the products. The following are neither taken back nor exchanged:

  • incomplete, damaged, or dirty items, or items of jewellery with marks showing that they have been worn under other circumstances than when just trying them on, without the original packaging.
  • items made especially to order (a size that is not featured on the website, or a customised item).

In the event that a customer exercises their right to cancel, they will receive a refund (excluding shipping and return costs) within a maximum period of 30 days following their cancellation, subject to compliance with the terms and conditions for returning items.

Article 9: Guarantee and liability

The products offered are guaranteed against hidden defects, which make the products unfit for the purpose for which they are intended, or limit that usage to such an extent that the purchaser would not have purchased them allor would have paid a lower price for them if they had been familiar with the defects. In the event that a hidden defect is found, the purchaser must act quickly, in accordance with Article 1648 of the Belgian Civil Code, and shall have the choice between returning the product that is affected by a hidden defect in exchange for full repayment, or of keeping the product in exchange for partial repayment. Caroline Swolfs/Communication Gear SPRL is not required to guarantee the products against apparent defects of which the client should have taken notice at the moment of purchase. Caroline Swolfs/Communication Gear SPRL is only required to guarantee the products against hidden defects of which it was aware at the time of sale, and about which it refrained from warning the purchaser. Defects or damage due to improper use, such as oxidation, falls or impact, negligence, and wear are not covered by the guarantee.

Caroline Swolfs/Communication Gear SPRL cannot be held liable for any damage that may result from improper use of the products, and any other damage resulting from a delay in fulfilling an order, when that delay is due to a force majeure event, or to exceptional events like strikes, natural disasters, etc. Caroline Swolfs/Communication Gear SPRL’s contractual and non-contractual liability shall always be limited to the amount of the order. Any complaints must be notified via registered letter within a period of seven business days as from the delivery of the goods. If the complaint is considered as valid, Caroline Swolfs/Communication Gear SPRL ‘s liability shall be limited to repairing or replacing the goods delivered.

All the products shown on www.carolineswolfs.com are described as accurately as possible. However, the descriptions and photographs are provided for information purposes, and cannot result in Caroline Swolfs/Communication Gear SPRL being held responsible. No claims regarding colour and description shall be accepted.

Article 10: Personal data processing purpose limitation principle

Caroline Swolfs/Communication Gear SPRL (Permekedreef 10 at 3090 Overijse, Belgium, caroline@carolineswolfs.be) gathers personal data when you visit our website and order our products online.

The data that you disclose to us when you order our products and services online are used to process your request and to fulfil your agreement.

All recorded customer profile data are retained in order to process your subsequent orders.

The personal data that we ask you for are required for the processing of your order. We will not be able to process your request if you do not fill in these required fields.

Subject to your authorisation, your email address shall be used to inform you about new products, services and promotional offers, as well as those of our partners, always via our intermediary company. Likewise, subject to your express consent, your other data, like your postal address and your telephone number, may be forwarded to third parties, who will let you know about their bespoke offers, without going through the intermediary of Caroline Swolfs/Communication Gear SPRL.

You can object to your data being used for promotional purposes at any time by sending a written request to Caroline Swolfs/Communication Gear SPRL (Permekedreef 10 at 3090 Overijse, Belgium, caroline@carolineswolfs.be).

In the event that you choose to have the products that you ordered on our website delivered by our carrier, we will disclose the data required for delivery to our carrier.

We do not process or record any financial data (credit card number and expiry date) that concerns you. These data are recorded directly on the website of our secure payment partner, who applies their own personal data protection policy.

Connection data (IP address, country, date, time and length of connection, pages viewed, etc.) are processed for statistical purposes, and in order to improve the website and service that we offer.

Article 11: Intellectual property

All items on this website (brands, logos, photographs, text, illustrations, descriptions, etc.), and in the newsletters sent via email are protected by copyright and intellectual property rights, and shall remain the exclusive intellectual property of Caroline Swolfs/Communication Gear SPRL. Any reproduction or dissemination of these items without the prior written agreement of Caroline Swolfs/Communication Gear SPRL is strictly prohibited.

Article 12: Applicable law and competent jurisdiction

These general terms and conditions of sale are governed by Belgian law. Any dispute regarding the products delivered by Caroline Swolfs/Communication Gear SPRL, and any dispute regarding the validity, interpretation or execution of these general terms and conditions of sale shall be governed by Belgian law, and shall be heard exclusively by the courts in the Brussels Judicial District.

Identification of the seller
Caroline Swolfs
Communication Gear sprl
Permekedreef 10
3090 Overijse
Belgium
caroline@carolineswolfs.be
Company No : BE0453 914 864