General terms and conditions
Identity and contact details of the company
Company name: VDV CONSULT
Commercial name: SERATA
Legal form: Private limited company (BV)
Registered office: Populierenlaan 67, 3621 Lanaken (Belgium)
Company number: 0547.709.312
VAT number: BE 0547.709.312
E-mail: info@serata.be
Tel: +32 89 43 01 06
Validity, acknowledgment, and acceptance
2.1
These general terms and conditions apply to all products, orders, purchases, and offers via the webshop (https://www.serata.be/) operated by VDV CONSULT BV, trading under the commercial name "SERATA", with company number 0547.709.312 and registered office at Populierenlaan 67, 3621 Lanaken (hereinafter "SERATA"), excluding any general terms and conditions of the customer (hereinafter "the customer").
2.2
By placing an order, the customer expressly declares to have knowledge of these general terms and conditions and to accept them. SERATA strives to provide the customer with sufficient opportunity to consult and thus accept the general terms and conditions. The customer can freely view these general terms and conditions via the website or request a copy by sending an email to info@serata.beSERATA will, where possible, also explicitly refer to the terms and conditions in order confirmations and payments as well as when using the website, whether or not via a clickable link and/or with a mandatory click action by the customer.
2.3
Any nullity or invalidity of any of these terms shall not affect the validity of the other provisions or the agreement. The invalid or null provisions shall be read as a valid provision whose result is as close as possible to the intended result of the invalid or null provision.
2.4
If SERATA and the customer enter into a separate written agreement, the provisions of that separate agreement shall take precedence over these general terms and conditions. These general terms and conditions shall then serve as supplementary law, insofar as applicable.
Offer and conclusion of the agreement
3.1
The offer is valid while supplies last and may be adjusted or withdrawn at any time by SERATA. If a product or promotion has a limited validity period or is subject to specific conditions, this will be explicitly stated in the offer.
3.2
SERATA is not responsible for incorrect displays of offers, services, or prices due to incomplete information, printing errors, differing color representation, or outdated information. Although the online catalog on the website is compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind SERATA. SERATA is in no case liable for manifest material errors, typesetting, or printing errors. Images may contain elements not included in the price, and colors may differ from reality because they depend, among other things, on the user's screen settings.
3.3
When the customer places an order via the webshop, he/she is redirected to the payment environment. The agreement is concluded after SERATA has received confirmation of payment and sends the customer an order acceptance. Accepted orders are confirmed by SERATA by means of an order and payment confirmation by email.
3.4
SERATA reserves the right to accept or refuse orders at its sole discretion. Orders from a customer with whom there is a dispute, from a profile appearing fraudulent, or from which a serious shortcoming of the customer appears, may be canceled or refused by SERATA.
Delivery of orders
4.1
SERATA always exercises the greatest possible care in the execution and delivery of orders. SERATA always works with recognized courier services (DPD, Bpost, or PostNL) for delivery.
4.2
The place of delivery is the address provided by the customer when placing the order. Incorrectly provided delivery addresses are the responsibility of the customer and may result in additional costs.
4.3
The delivery of the products will, as far as possible, take place within the time specified in the individual order confirmation. SERATA always strives to deliver the products as quickly as possible, in any case no later than 30 (thirty) days after the customer places the order.
4.4
If the customer has not received the products within 30 (thirty) days after placing the order, the customer must notify SERATA in writing. The customer can do this by email to info@serata.be or by registered letter. An additional delivery period will then be agreed upon that is reasonable given the circumstances. If SERATA is still unable to deliver the goods within that additional period, the customer has the right to cancel the order. SERATA will then reimburse all costs already paid, including any standard shipping costs paid.
4.5
SERATA reserves the right to make partial deliveries.
4.6
SERATA reserves the right to charge shipping costs. If these costs are charged, they will always be clearly displayed before the customer places an order.
4.7
The risk of the product passes at the moment the customer, or a third party designated by the customer who is not the carrier (for example, a neighbor), physically takes possession of the products.
Legal right of withdrawal (return policy)
5.1
When purchasing goods, a customer who is a consumer within the meaning of Article I.1,2° of the Economic Law Code has the option to dissolve the agreement without giving reasons within 14 (fourteen) days. This period starts the day after the product is received by or on behalf of the customer.
Uncollected shipments at a pickup point
If an order is delivered to a pickup point chosen by the customer and the shipment is not collected within the period provided by the carrier, the package will be automatically returned to us.
In that case, we reserve the right to:
- the shipping and return costs incurred will be charged to the customer depending on the country.
- €8 in administration and processing fees will be charged.
- or to consider the order as canceled and processed.
A refund of the order will only be made after receipt of the return shipment and will be reduced by the costs incurred for shipping, return transport, and processing.
If the customer wishes to receive the order again, additional shipping costs may be charged for a second shipment.
The right of withdrawal generally begins only from the moment the customer actually takes possession of the goods.
5.2
The customer must notify SERATA of their decision to withdraw before the withdrawal period expires, using an unambiguous statement. The customer can do this by filling out the return form on the website (https://serata-ybqpsa.returnless.com).
5.3
The customer must return the products within 14 (fourteen) days after notifying their decision to withdraw from the agreement to SERATA (Populierenlaan 67, 3621 Lanaken (Belgium)). The products must be returned at the customer's expense, undamaged, in their original condition, and in the original packaging.
5.4
All free items sent with the order must also be returned by the customer. If the free items are not returned, they will be deducted from the total refund amount.
5.5
We do not offer free returns due to the high cost of return labels within Europe. This allows us to keep our prices fair and competitive.
Prevent a return: use our size calculator for your order to choose the right size. Still unsure? Feel free to contact us, we are happy to help you with personal sizing advice.
Is your item damaged, defective, or does it show a manufacturing fault? Then we will of course cover the return costs. In that case, please contact us as soon as possible so we can offer a suitable solution together.
5.6
SERATA reserves the right to first inspect the returned products and to charge for any depreciation resulting from handling the goods by the customer beyond what was necessary to establish the nature, characteristics, and functioning of the goods.
5.7
In case of withdrawal and return of the purchased products, SERATA will refund all payments received up to that moment (including standard shipping costs) to the customer within a maximum of 14 (fourteen) days after SERATA has received all products, or after the customer has proven that they were returned (for example via track-and-trace), whichever occurs first. The refund will be made using the same payment method chosen by the customer when paying for the original order.
5.8
Any additional costs resulting from the customer's choice of a delivery method other than the cheapest standard delivery offered by SERATA will not be refunded.
5.9 Package deals:
If the customer has purchased a package deal and returns only part of it, the customer will be charged the normal price of the product minus the package deal discount percentage for the items they keep. For example: a package deal normally costs €200 (normal price without discount) and is now offered for only €150 (a 25% discount), then each item kept will have a 25% discount applied.
5.10 Exception: The right of withdrawal applies in accordance with article VI.53 WER not for:
- the delivery of goods manufactured according to consumer specifications, or clearly intended for a specific person (such as, but not limited to, custom-made clothing, personalized clothing e.g. with printed/embroidered initials, etc.);
- the delivery of goods that spoil quickly or have a limited shelf life;
- the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (such as, but not limited to, catsuits, latex clothing, sex toys, thongs, bodystockings, pantyhose, and stockings, massage products, perfume, etc.)
- the delivery of goods that are irrevocably mixed with other products after delivery due to their nature;
- digital products such as online courses, e-books, whitepapers, webinars, online coaching programs, and online training, when the customer has expressly agreed prior to delivery to the commencement of the performance of the agreement before the end of the withdrawal period and has acknowledged losing the right of withdrawal by giving this consent.
Attention! This also applies to package deals. If a package deal contains products covered by Article 5.6, those specific products in the package are non-returnable and the customer is deemed to have paid for them.
5.11
The right of withdrawal applies not for customers who are not consumers within the meaning of Article I.1,2° of the Economic Law Code (i.e., professional buyers and businesses). If a professional buyer wishes to return an order, he/she must contact SERATA via the contact details in Article 1.
5.12 Exchanges:
For exchanges, we will refund the amount of the returned item. Then place a new order for the desired item or the correct size.
Conformity and legal warranty
6.1
SERATA guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded.
6.2
The customer is entitled to a warranty of 2 (two) years, starting from the delivery of the products.
6.3
The customer must notify SERATA of the non-conformity within 2 (two) months from the day he/she discovered the defect. The customer is then entitled to free repair or free replacement of the ordered product. If free repair or replacement is impossible or would involve disproportionate costs, the customer is entitled to a refund of the amount paid.
6.4
The statutory warranty never applies to defects that arise after delivery and as a result of accidents, neglect, drops, use of the item contrary to its intended purpose, failure to follow usage instructions or manuals, modifications or alterations to the item, rough handling, poor maintenance, or any other abnormal or incorrect use.
6.5
The statutory warranty applies not for customers who are not consumers within the meaning of Article I.1,2° of the Economic Law Code (i.e., professional buyers and businesses). If a professional buyer experiences an issue with their order, they must contact SERATA using the contact details in Article 1.
Gift vouchers
7.1
SERATA offers the option to purchase gift cards via the website. Gift cards are valid for a period of 1 (one) year from the date of purchase. Redemption for cash or refund in case of loss or damage is not possible.
7.2
Gift cards can be redeemed on the website for the purchase of eligible products – if a product is not eligible, this will always be indicated on the respective product page on the website. A gift card cannot be used to purchase another gift card.
7.3
Gift cards can only be used before placing an order and cannot be applied retroactively.
7.4
If the customer cancels an order or returns products for which a gift card was redeemed, the amount paid will be refunded via a gift card and made available for future purchases. If the customer returns products partially paid for with a gift card, the purchase price of all goods the customer keeps and that qualified for purchase with a gift card will first be paid by redeeming the gift card. The remaining refund amount will be reimbursed via the other payment method used by the customer.
Prices, payment, and invoice terms
8.1
All prices communicated by SERATA to the customer, whether verbally or via the website, social media, email, or any other channel, are in euros and include VAT. Temporary offers, shipping costs, import duties, taxes, excise duties, and any other additional costs or offers subject to specific conditions are not included in the price and are shown separately.
8.2
Orders must be paid immediately via the website at the time of placing the order using one of the available payment methods, unless otherwise agreed. The customer can request an invoice for the order by sending an email to info@serata.be.
8.3
Unless otherwise agreed in article 8.2, invoices must be paid within the term stated on the invoice. SERATA also reserves the right to request advances.
8.4 Collection from businesses:
If an invoice is not paid on the due date by a customer who is a business, the amounts due will automatically and without notice of default be increased by interest. This is the interest at the reference interest rate plus eight percentage points, rounded up to the nearest half percent. In addition, the amounts due on the due date but not paid will automatically and without notice of default be increased by a fixed compensation of 10% of the outstanding invoice amount, with a minimum of €40, to cover collection costs. This does not affect SERATA’s right to claim higher compensation for any other costs related to non-payment.
8.5 Collection from consumers:
After exceeding the payment term, the consumer customer will receive a free payment reminder and a period of 14 (fourteen) calendar days to pay the amount due. No costs will be charged for this first payment reminder. If the deadline stated in the payment reminder is exceeded, the following collection costs become payable:
- Default interest: This is the interest at the reference interest rate plus eight percentage points, rounded up to the nearest half percent.
-
One-time fixed compensation clause:
- €20.00 for claims less than or equal to €150.00
- €30.00 + 10% on the outstanding amount in the bracket between €150.01 and €500.00
- €65.00 + 5% on the outstanding amount in the bracket between €500.01 with a maximum of €2,000.00
8.6
If an invoice is not paid on the due date, all outstanding invoices become immediately and fully payable, and SERATA reserves the right to suspend its further contractual obligations without any notice of default or judicial intervention until full payment is received, or to consider the agreement terminated, without prejudice to its claim for compensation.
8.7
Invoices must be disputed within 8 (eight) calendar days after receipt, under penalty of forfeiture. The customer can do this by sending an email to SERATA. In that email, the customer must clearly state that it is a dispute, as well as the reason for the dispute and the details of the relevant invoice.
Force majeure and termination
9.1
SERATA may terminate the agreement if it cannot fulfill its obligations due to temporary or permanent force majeure or another cause beyond its control. Force majeure includes all circumstances that SERATA cannot reasonably influence, such as but not limited to: pandemic, strikes, traffic obstructions, exceptional weather conditions, fire, delayed or incorrect delivery by third parties, etc. In that case, the customer is entitled to a refund of amounts already paid to SERATA, without additional compensation, for ordered products not yet delivered.
9.2
SERATA may suspend the continuation of an agreement or terminate it extrajudicially without owing compensation if the customer fails to meet the payment obligation.
9.3
Parties may terminate the agreement extrajudicially and free of charge if the other party fails to fulfill its contractual obligations. Parties confirm any intention to terminate in writing, with reasons, and as soon as possible to each other.
9.4
The customer remains obliged to pay debts incurred before the date of termination. If ordered products were only partially delivered, regardless of the time, these will be charged separately.
Liability
10.1
SERATA and/or its employees are not liable for damage that may occur during or after the execution of the agreement, unless there is
- its intent, gross negligence, or that of its employees or agents,
- or, except in cases of force majeure, for failure to perform an obligation that constitutes one of the main performances of the agreement,
- damage caused by a product that is non-compliant upon delivery, in accordance with statutory product liability,
- or other cases of mandatory law where liability cannot be excluded.
10.2
SERATA is never liable for or obliged to compensate immaterial, indirect damage, damage resulting from non-compliant use and/or maintenance of a product (as specified in article 6.4), or consequential damage, including (but not limited to) loss of profit, loss of turnover, loss of income, production limitations, administrative or personnel costs, an increase in general expenses, loss of clientele, or claims from third parties.
These provisions and all other provisions in these general terms and conditions that limit the liability of SERATA apply both contractually and non-contractually, and benefit SERATA (VDV CONSULT BV), its staff, and directors.
10.3
Unless otherwise stipulated by mandatory law, SERATA (VDV CONSULT BV), its staff, and directors cannot be held (directly) liable outside of contract.
10.4
SERATA’s contractual and non-contractual liability is at all times limited to the amount paid by the customer for the purchased products (including VAT).
10.5
If one of the parties does not perform the agreement, only partially performs it, or performs it incorrectly, the party that has suffered damage must notify the other party in writing within 14 (fourteen) calendar days, stating the reason and an estimate of the damage suffered. In no case does this release the customer from the obligation to pay invoices that do not directly relate to the damage.
10.6
Following a notice of default from the customer, SERATA always has the right to remedy the breach.
10.7
If the customer jeopardizes SERATA’s liability due to a contractual or non-contractual breach on their part, they must take all necessary measures to indemnify SERATA against any damage it may suffer as a result.
Retention of title
11.1
SERATA remains the full owner of the delivered goods until full payment of the prices charged by it, including any interest, damages, and costs.
11.2
SERATA expressly reserves the right to reclaim unpaid deliveries, wherever they may be, without any recourse or objection from the customer. When SERATA wishes to exercise this right, it will notify the customer.
11.3
During this period of retention of title, the customer assumes the duties and responsibility of custodian for the delivered goods and therefore commits to safeguarding and insuring them against all causes of damage, destruction, theft, fire, loss, etc. The customer is not authorized to pledge or otherwise encumber the goods subject to retention of title.
11.4
The risk of loss, damage, or theft of the delivered goods transfers to the customer from the moment of delivery, regardless of whether ownership has already been transferred.
Website
12.1
SERATA may modify, limit, or expand the form and content of its website at its own discretion. Although SERATA strives to ensure the website functions optimally and is secure, any malfunctions, interruptions, data loss, or unintended spread of viruses or malware cannot be ruled out. SERATA cannot be held liable for these.
12.2
SERATA is not liable for damage caused by phishing, farming, or other forms of internet fraud or other criminal activities.
Processing of personal data
13.1
SERATA and its appointee(s) collect and/or process the personal data they receive from the customer for the purpose of executing the agreement, fulfilling orders, delivering goods, handling complaints, processing payments, invoicing, promotional or informational communication, customer management, accounting, and direct marketing activities in accordance with the General Data Protection Regulation (GDPR) and Belgian legislation on the matter. The legal grounds are the execution of the agreement, consent, compliance with legal and regulatory obligations, and/or legitimate interest. Want to know more? Read the privacy policy on the website (https://www.serata.be/privacy-policy).
Intellectual property rights
14.1
All works created and used by SERATA, including images, texts, designs, the website, and all other intellectual creations, regardless of form, are the property of SERATA or are used by SERATA under a valid license from third parties. The customer is not allowed to use, share with third parties, distribute, copy, or disclose these works, whether created by SERATA or used under license, by themselves or with the help of third parties, without explicit prior permission from SERATA. Any infringement of these intellectual rights may lead to civil and criminal prosecution.
Complaints
15.1
Any complaints about the services of SERATA or the products must reach SERATA in writing (e.g., by email) within 14 (fourteen) calendar days, after which SERATA will confirm receipt of the complaint within 30 (thirty) days and then handle it as quickly as possible and to the best of its ability.
Disputes and applicable law
16.1
In case of disputes arising from or related to these general terms and conditions, the validity, execution, or interpretation of the agreement, the products, or the services, the parties will strive for an amicable solution.
16.2
Only Belgian law applies to disputes relating to these general terms and conditions, the validity, execution, or interpretation of the agreement or the products or services, which cannot be resolved amicably, except when mandatory provisions regarding applicable law for consumers apply and designate another law. In case of legal disputes, the Belgian courts of Antwerp, Tongeren division, have exclusive jurisdiction, except when mandatory provisions regarding applicable law for consumers apply and designate another law.