Terms and conditions

 

General Information

Article 1

These general terms and conditions aim to regulate the contractual relationship between the customer and Stéphane Sacré, trading under the business name Hole-It Consulting, with its registered office at Koudenberglaan 8, 1652 Beersel, registered with the Crossroads Bank for Enterprises under number BE 0798.386.907, hereinafter referred to as "Hole It" or "the company."

Article 2

• 1. These general terms and conditions apply to all activities listed below carried out by Hole It and for which the customer has given their consent, in accordance with Article 6 of these general terms and conditions.

These activities include but are not limited to:

• - The sale in a pop-up store and private sale of Scottish wool and cashmere sweaters and accessories;
• - The online sale of Scottish wool and cashmere sweaters and accessories;
• - Business consulting services;

Hereinafter referred to as "the articles" or "the orders" in general terms.

 

• 2. These general terms and conditions also apply to any service not mentioned above and provided by Hole It within the scope of its business, expressly communicated to the customer.

 

• 3. By "customer," we mean an individual or a professional placing an order for items offered for sale or consulting services provided by Hole It.

 

• 4. In any case, the customer using the website must be of legal age (i.e., 18 years or older). Furthermore, the visitor to the aforementioned website is referred to in general terms as the "customer" for the purpose of simplifying the terms used in these general terms and conditions.

 

• 5. By "order," we mean the purchase made by the customer on the website www.myprecious.be, or in the case of in-store purchases, the purchase made directly at a physical Hole It location (e.g., a pop-up store or private sale).

 

• 6. These general terms and conditions apply to sales made both in Belgium and abroad and cover the entire contractual relationship between Hole It and the customer, from order placement to payment and delivery.

Application of the General Terms and Conditions

Article 3

• 1. These general terms and conditions take precedence over any other general or specific terms and conditions. They may be modified at any time by Hole It. Hole It undertakes to inform the customer of any changes as soon as possible.

The new version of the general terms and conditions will only apply to contracts concluded after they come into effect.

Exceptions to these general terms and conditions are possible through specific or contractual conditions. In case of contradiction between these general terms and conditions and specific or contractual conditions, the latter prevail.

 

• 2. The customer is bound by these general terms and conditions upon payment for their purchases in the pop-up store or private sale, or upon confirmation of their order on the www.myprecious.be online sales site, as described in Article 6 of these general terms and conditions. To this end, the customer is invited to check the box indicating their awareness of these general terms and conditions. Failure to do so will render the order impossible.

When an offer is made, the customer declares to have read and understood these general terms and conditions by signing the offer, as mentioned above. In case of electronic or phone confirmation of the offer, the customer is bound by these general terms and conditions upon electronic agreement transmission to Hole It or written confirmation by Hole It.

Electronic Documents

Article 4

In the event that the offer or any other communication between the parties involves electronic exchange (e.g., via email) between the customer and Hole It, and as a result, the sale is concluded outside the www.myprecious.be website, the customer acknowledges the validity of the contract.

 

The customer hereby waives the right to challenge the validity or probative value of these contracts based on the sole fact that they are electronic.

Offers and Orders

Article 5

• 1. The offers and prices are only valid as long as they are visible on the www.myprecious.be website.

When you place an order on the website, the offer's price will be specified. After completing the order, you will receive an order confirmation by email. This order confirmation will specify the total price of the order, including taxes and shipping costs.

 

• 2. The prices indicated include all taxes but do not include delivery costs.

For orders placed on the website, the delivery costs will be specified separately during the order process.

 

• 3. Hole It reserves the right to change the prices at any time. However, products will be billed based on the rates in effect at the time the order is placed, subject to product availability on this date.

Should there be a price change between the date of order placement and delivery, the customer is guaranteed to be billed based on the rates applicable on the order placement date, as long as the customer has received the order confirmation and fulfilled the conditions for it.

 

Conclusion of the Contract

Article 6

• 1. The contract is formed when the customer confirms their order and fulfills the conditions required for it.

For in-store purchases, the contract is formed when the customer pays for the items in the pop-up store or private sale.

For online purchases, the contract is formed when the customer places an order on the website and fulfills the payment conditions. The customer will receive an order confirmation by email.

 

• 2. Hole It reserves the right to refuse an order in case of serious doubt regarding the customer's solvency or if the customer fails to meet their payment obligations from previous orders.

The customer will be informed of this refusal by email.

 

In case of non-payment or late payment, Hole It reserves the right to cancel the contract without prior notice.

 

Payment

Article 7

• 1. Payment can be made by credit card (Visa, MasterCard, American Express) or through other payment methods indicated on the website.

For in-store purchases, payment can be made by cash or card.

 

• 2. Payment by credit card is made through a secure payment platform.

For in-store purchases, payment is made through the available payment methods at the pop-up store or private sale.

 

• 3. The customer will receive an order confirmation by email after successful payment.

 

• 4. In the event of non-payment or late payment, the customer will be charged interest at the statutory rate, without prior notice, from the due date.

In addition, the customer will be charged a lump-sum indemnity of 10% of the unpaid amount, with a minimum of €50, without prejudice to the right of Hole It to claim higher compensation based on actual damages incurred.

Delivery

Article 8

• 1. Delivery times are provided for information purposes only and may vary depending on product availability.

For online purchases, the estimated delivery times will be specified during the order process.

 

• 2. The delivery will be made to the address provided by the customer when placing the order.

For in-store purchases, the delivery will be made directly to the customer at the pop-up store or private sale location, as the case may be.

 

• 3. If the customer is not present at the delivery address at the time of delivery, a second delivery attempt will be made.

If the second delivery attempt is unsuccessful, the customer will be informed by email and may need to pick up the order at a designated location or arrange for a new delivery at their expense.

 

Right of Withdrawal

Article 9

• 1. The customer has the right to withdraw from the contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which the customer acquires, or a third party other than the carrier and indicated by the customer acquires, physical possession of the last good.

 

• 2. To exercise the right of withdrawal, the customer must inform Hole It of their decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post or email).

The customer may use the model withdrawal form provided on the website, but it is not obligatory.

 

• 3. To meet the withdrawal deadline, it is sufficient for the customer to send their communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.

 

• 4. If the customer withdraws from the contract, Hole It shall reimburse to the customer all payments received from the customer, including the costs of delivery (with the exception of the supplementary costs resulting from the customer's choice of a type of delivery other than the least expensive type of standard delivery offered by Hole It), without undue delay and in any event not later than 14 days from the day on which Hole It is informed about the customer's decision to withdraw from this contract.

Hole It will carry out such reimbursement using the same means of payment as the customer used for the initial transaction unless the customer has expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement.

 

Exceptions to the Right of Withdrawal

Article 10

• 1. The right of withdrawal does not apply to the following contracts:

a) Contracts for the supply of goods that are made to the customer's specifications or are clearly personalized;

b) Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

c) Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

d) Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;

e) Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;

f) Contracts concluded at a public auction;

g) Contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and the consumer has acknowledged that they thereby lose their right of withdrawal.

 

Returns and Exchanges

Article 11

• 1. If the customer wishes to return or exchange a product, they must contact Hole It within 14 days of receiving the product and indicate their intention to return or exchange it.

Hole It will provide the customer with instructions on how to proceed with the return or exchange.

 

• 2. Returned products must be in their original condition, with all labels and packaging intact. The customer is responsible for the return shipping costs unless otherwise agreed upon with Hole It.

 

• 3. Hole It reserves the right to refuse returns or exchanges if the products are not in their original condition or if the customer fails to comply with the return or exchange instructions provided by Hole It.

 

Warranty

Article 12

• 1. Hole It warrants that the products comply with the contract, are free from defects, and conform to the specifications mentioned on the website.

 

• 2. The customer is responsible for verifying the conformity of the products with the contract upon receipt.

If the customer believes that a product does not conform to the contract, they must contact Hole It within a reasonable time after discovering the defect and provide details of the non-conformity.

 

• 3. The legal warranty period is two years from the delivery of the product.

If a product is found to be defective within the warranty period, the customer is entitled to a repair, replacement, or refund, at the discretion of Hole It, unless such a remedy is impossible or disproportionate.

 

Liability

Article 13

• 1. Hole It shall not be liable for any indirect or consequential damage suffered by the customer or any third party, including but not limited to loss of business, loss of profit, loss of data, or any other financial loss.

 

• 2. Hole It's liability towards the customer is limited to the amount paid by the customer for the product giving rise to the liability.

 

• 3. Hole It shall not be liable for any damage resulting from the customer's improper use of the products.

 

Force Majeure

Article 14

• 1. Hole It shall not be liable for any failure or delay in the performance of its obligations under the contract to the extent that such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, civil unrest, government action, strikes, labor disputes, fire, flood, earthquake, or other natural disasters.

 

• 2. Hole It will promptly notify the customer of the existence and cause of any force majeure event and will use its reasonable efforts to minimize the impact of such an event on the performance of its obligations under the contract.

 

Privacy Policy

Article 15

• 1. Hole It collects and processes the customer's personal data in accordance with its Privacy Policy, which can be found on the website.

 

Governing Law and Jurisdiction

Article 16

• 1. These general terms and conditions, as well as any contract between Hole It and the customer, are governed by Belgian law.

 

• 2. In the event of a dispute, the courts of the judicial district of Brussels have exclusive jurisdiction, unless otherwise provided by mandatory legal provisions.

 

Contact Information

Article 17

For any questions or concerns regarding these general terms and conditions or any contract with Hole It, the customer may contact Hole It at the following address:

Hole-It Consulting
Koudenberglaan 8
1652 Beersel
Belgium

Email: info@myprecious.be

 

Last Updated

Article 18

These general terms and conditions were last updated on [Date].

 

Appendix

Article 19

The customer may download and save a copy of these general terms and conditions for their records. A downloadable version of these general terms and conditions is available on the website.

 

• 2. In case of refusal of a payment request by the client's bank agency, the client will be informed that the sale is canceled, and the selected item(s) will be put back for sale on the relevant website.

Article 12

• 1. Items ordered online remain the property of the company until full payment is received.

 

• 2. When placing an order, payment for the items is made through highly secure service providers, namely Shopify Payments. Therefore, payments are secure, and all confidential credit card data is encrypted in accordance with current standards.

Right of withdrawal for distance selling

Article 13

• 1. The client, covered by the Consumer Protection Act integrated into the Economic Code, has a withdrawal period of 14 days.

This right of withdrawal must be exercised in accordance with Articles VI.47 and VI.53 of the Economic Code and is therefore applicable only subject to the following conditions:

• the order meets the "distance selling" condition, i.e., a sale made on the online sales website myprecious.be;
• the order is not a "custom-made" item, i.e., made by Hole It to meet a specific and exclusive customer need.

 

• 2. In addition to the above, this right of withdrawal can only be invoked if the ordered items have not been used or modified in any way and if the item is in its original condition (original packaging and label).

 

• 3. This right of withdrawal allows the client to return the items to Hole It at their own expense. Hole It undertakes to refund the returned items, provided they are returned in their original condition (if applicable, in their original packaging), and subject to the application of paragraphs 2 and 3 of this article.

The client must include their name, address, email address, order number, and specify which item(s) will be returned in their withdrawal request. The client then has a period of 7 days to return the item(s) at their own expense.

 

• 4. Provided that the right of withdrawal is exercised in the forms and conditions required by this article, Hole It undertakes to refund the amount paid by the client for the items as soon as possible, to the bank account provided by the client. Hole It only refunds the items and does not cover the return costs.

 

• 5. In any case, in the event of abuse of the right of withdrawal by the client, Hole It reserves the right to refuse any subsequent orders placed by the client.

Delivery Times and Methods for Items

Article 14

• 1. The order confirmation specifies a delivery time. In general, the delivery time is 2 to 10 working days after order confirmation. This time frame is indicative and does not bind Hole It insofar as delivery is provided by third-party carriers for purchases on the online sales website www.myprecious.be. Therefore, Hole It is not responsible for delays due to the carrier or third parties.

In case of a delay of more than 30 days from the order confirmation by the company to the client, the client has the option to cancel the order. The amount paid is then fully refunded within 30 days.

 

• 2. A flat rate covering delivery costs is added to the order amount as stated in article 10. Delivery costs are calculated definitively at the end of the ordering process, before the payment step. The delivery costs are:
• completely free for deliveries made in Belgium
• chargeable for deliveries outside of Belgium and calculated based on carrier rates.

The client expressly agrees to third-party carrier delivery for online sales on the website www.myprecious.be.

Transport-related risks are solely the responsibility of the carriers from the time of order pick-up by the carriers.

 

• 3. Pickup at a physical Hole It retail location is free. The client has 7 working days to pick up their items from a Hole It retail location starting from the reservation of these items. If the client fails to pick up the items within the specified timeframe, they will be automatically put back for sale by the company.

 

• 4. Delivery for purchases on the online sales website www.myprecious.be is carried out

in Belgium or in any other Hole It delivery country via Ups to the address provided by the client or to an Ups pick-up point;

 

• 5. Items remain available for 7 days at a pick-up/relay point. If the client fails to pick up the items within the specified timeframe, they will be automatically returned to the company. The costs of a new delivery and additional administrative fees of €10.00 are solely the responsibility of the client.

 

• 6. Upon receipt of the order, the client is required to verify it before the carrier's departure or upon taking possession and no later than 24 hours after receipt of the order. Any defects must be immediately reported to the relevant carrier, and the order must be refused. Rejected items will be returned to the company's headquarters, which will examine whether its liability can be engaged and, if necessary, send a new order.

 

• 7. In any case, in the event of a lost order, the client is invited to contact Hole It by email at stephanes@myprecious.be or via the online contact form available via the link https://myprecious.be/pages/contact. The client and Hole It commit to finding an amicable solution to this loss, not exceeding the value of the items not received.

Warranty and Return of Defective Items

Article 15

• 1. In case of non-compliance, and in cases where the sales relationship is subject to consumer protection legislation, the client must inform Hole It of the existence of this non-compliance within 7 calendar days starting from the day of discovering the non-compliance, by email at stephanes@myprecious.be or via the online contact form available at the following link https://myprecious.be/pages/contact.

 

• 2. In case of non-compliance, and in cases where the sales relationship is not subject to consumer protection legislation, the client expressly acknowledges that the delivered items conform to their order and are free from any apparent defects. The client must inform Hole It of any other defects in writing via email at stephanes@myprecious.be or via the online contact form available at the following link https://myprecious.be/pages/contact, within 7 days of their discovery.

 

• 3. Any return of item(s), for any reason, is at the exclusive expense of the client.

 

Article 16

• 1. If, after receiving the items, the client discovers a hidden defect, the legal warranty applies. The warranty consists of replacement or, in the absence of similar items, a refund of the items provided that the client has not intervened in any way and has not used the items. Any intervention on the items by the client or any third party removes the warranty.

Clause de non-responsabilité

Article 26

• 1. Hole It se réserve le droit de modifier à tout moment et sans préavis les présentes conditions générales. Les conditions générales applicables à la vente d'un article sont celles en vigueur à la date de la commande.

Informations de contact

Article 27

• 1. Pour toute question ou réclamation concernant les présentes conditions générales ou les produits et services proposés par Hole It, vous pouvez contacter Hole It aux coordonnées suivantes :

Hole It

Adresse : [Adresse de Hole It]

Téléphone : [Numéro de téléphone de Hole It]

Email : stephanes@myprecious.be

Site Web : https://myprecious.be/

Conclusion

Les présentes conditions générales définissent les règles applicables aux ventes de produits et services proposés par Hole It. En passant une commande sur le site Web de Hole It, vous acceptez de vous conformer à ces conditions générales. Hole It se réserve le droit de les modifier à tout moment, il est donc recommandé de les consulter régulièrement.