General terms and conditions

Company identification and contact details

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

Email: info@serata.be

Tel: +32 89 43 01 06

Validity, acknowledgement 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"), to the exclusion of any general terms and conditions of the customer (hereinafter "the customer").

2.2

By placing an order, the customer expressly declares that they have read and accepted these general terms and conditions. SERATA aims to give the customer sufficient opportunity to consult and thereby accept the general terms and conditions. The customer may freely consult these general terms and conditions via the website or request a copy by sending an email to info@serata.be. Where possible, SERATA will also explicitly refer to the terms and conditions in order confirmations and payment confirmations, as well as when using the website, whether or not via a clickable link and/or a mandatory click action by the customer.

2.3

Any invalidity or nullity of one of these conditions shall not result in the nullity of the other provisions or of the agreement. The invalid or void provisions shall then be read as a valid provision whose result is as close as possible to the intended result of the invalid or void provision.

2.4

If SERATA and the customer conclude 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 apply as supplementary provisions, insofar as applicable.

Offer and conclusion of the agreement

3.1

The offer is valid while stocks last and may be amended or withdrawn at any time by SERATA. If a product or promotion has a limited period of validity or is subject to specific conditions, this will be clearly stated with the offer.

3.2

SERATA is not responsible for incorrect displays of offers, services or prices due to incomplete information, printing errors, variations in colour display, or outdated information. Although the online catalogue on the website is compiled with the utmost care, the information provided may nevertheless be incomplete, contain material errors, or not be up to date. Obvious mistakes or errors in the offer do not bind SERATA. SERATA is in no way liable for manifest material errors, typographical or printing errors. Images may contain elements that are not included in the price, and colours 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, they are 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 email with an order and payment confirmation.

3.4

SERATA reserves the right to accept or refuse orders at its own discretion. Orders from a customer with whom a dispute exists, from a profile that appears fraudulent, or from which a serious breach by the customer is evident, may be cancelled or refused by SERATA.

Delivery of orders

4.1

SERATA always exercises the utmost care when processing and delivering orders. SERATA always works with recognized courier services for delivery (DPD and PostNL).

4.2

The delivery address is the address provided by the customer when placing the order. Incorrectly provided delivery addresses are the customer's responsibility and may result in additional costs.

4.3

The products will, insofar as possible, be delivered within the timeframe specified in the individual order confirmation. SERATA always endeavours to deliver the products as soon as possible 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 of this in writing. The customer can do so by email at info@serata.be or by registered letter. An additional delivery period will then be agreed that is reasonable in view of the circumstances. If SERATA has still been unable to deliver the goods within this 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 associated with the product passes to the customer, or to a third party designated by the customer who is not the carrier (for example, a neighbour), when they physically take possession of the products.

Statutory right of withdrawal (right to return)

5.1

When purchasing goods, a customer who is a consumer within the meaning of Article I.1,2° of the Code of Economic Law has the option to withdraw from the agreement without giving reasons within 14 (fourteen) days. This period begins on the day after the product is received by or on behalf of the customer.

Shipments not collected from a collection point

If an order is delivered to a collection point chosen by the customer and the shipment is not collected within the period specified by the carrier, the parcel will automatically be returned to us.

In that case, we reserve the right to:

• to charge the customer for the shipping and return costs incurred, depending on the country.
• €8 in administration and processing costs will be charged
• or to consider the order cancelled and settled.

The order will only be refunded after the return shipment has been received, less the costs incurred for shipping, return transport and processing.

If the customer nevertheless wishes to receive the order again, additional shipping costs may be charged for a second shipment.

In principle, the right of withdrawal only begins when the customer actually takes receipt of the goods.

5.2

The customer must notify SERATA of their decision to withdraw in any event before the withdrawal period has expired, by means of an unequivocal statement. The customer can do this by completing the return form on the website (https://serata-ybqpsa.returnless.com). 

5.3

The customer must return the products to SERATA (Populierenlaan 67, 3621 Lanaken (Belgium)) within 14 (fourteen) days after notifying SERATA of their decision to withdraw from the agreement. The products must be returned at the customer's expense, undamaged, in their original condition and in their original packaging.

5.4

All free items included with the order must also be returned by the customer. If the free items are not returned, their value 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.

Avoid a return: use our size calculator for your order to choose the right size. Still unsure? Feel free to contact us; we will be happy to help you with personalised sizing advice.

Is your item damaged, defective or does it have a manufacturing defect? In that case, we will of course cover the return costs. Please contact us as soon as possible so that together we can provide a suitable solution.

5.6

SERATA reserves the right to inspect the returned products first and charge any reduction in value resulting from the customer's handling of the goods beyond what was necessary to establish their nature, characteristics and functioning.

5.7

In the event of withdrawal and return of the purchased products, SERATA will refund all payments received up to that point (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 demonstrated that they have been returned (for example, via tracking and tracing), whichever occurs first. The refund will be made using the same payment method as the one 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 Bundle deals:

If the customer has purchased a bundle deal and returns only part of it, the customer will be charged the normal price of the products they keep, minus the discount percentage of the bundle deal. For example: a bundle deal normally costs €200 (the normal price without a discount) and is now offered for only €150 (i.e. with a 25% discount), then each item kept will have a discount of 25%.

5.10 Exception: The right of withdrawal applies in accordance with Article VI.53 of the Belgian Code of Economic Law not for:

• the delivery of goods manufactured according to the consumer's specifications or that are clearly intended for a specific person (such as, but not limited to, made-to-measure clothing, personalised clothing, e.g. with initials printed or embroidered, etc.);
• the delivery of goods that deteriorate rapidly or have a limited shelf life;
• the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (including, but not limited to, catsuits, latex clothing, sex toys, thongs, bodystockings, tights, and stockings, massage products, perfume, etc.)
• the delivery of goods that, after delivery, are irrevocably mixed with other products by their nature;
• digital products such as online courses, e-books, white papers, webinars, online coaching programs and online training, when the customer has expressly agreed before delivery to begin performance of the agreement before the end of the withdrawal period and has acknowledged that they will lose the right of withdrawal upon giving this consent.

Please note! This also applies to bundle deals. If a bundle deal contains products covered by Article 5.6, those specific products in the bundle cannot be returned and the customer is deemed to have accepted payment 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 Code of Economic Law (i.e. professional buyers and companies). If a professional buyer wishes to return an order, they must contact SERATA using the contact details in Article 1.

5.12 Exchanges:

In the event of an exchange, we will refund the amount for the returned item. Then place a new order for the desired item or the correct size.

Conformity and statutory guarantee

6.1

SERATA guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded.

6.2

The customer is entitled to a 2 (two)-year guarantee, starting from the delivery of the products.

6.3

The customer must notify SERATA of the lack of conformity within 2 (two) months from the day on which they discovered the defect. The customer is then entitled to the free repair or free replacement of the ordered product. If free repair or replacement is impossible or would entail 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 as a result of accidents, negligence, falls, use of the item contrary to the purpose for which it was designed, failure to follow the instructions for use or manual, adaptations or modifications 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 Code of Economic Law (i.e. professional buyers and companies). If a professional buyer experiences a problem 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 vouchers via the website. Gift vouchers are valid for a period of 1 (one) year from the date of purchase. Cash redemption or refunds in the event of loss or damage are not possible.

7.2

Gift vouchers can be redeemed on the website for the purchase of eligible products - if a product is not eligible, this will always be indicated for the relevant product on the website. A gift voucher cannot be used to purchase another gift voucher.

7.3

Gift vouchers may only be used before the order is placed and cannot be applied retroactively.

7.4

If the customer cancels an order or returns products for which a gift voucher was redeemed, the amount paid will be refunded via a gift voucher and made available for future purchases. If the customer returns products that were partially paid for with a gift voucher, the purchase price of all goods the customer keeps and that were eligible for purchase with a gift voucher will first be paid by redeeming the gift voucher. The remaining refund amount will be refunded via the other payment method used by the customer.

Prices, payment and invoicing 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

Unless otherwise agreed, orders must be paid for immediately via the website when the order is placed, using one of the available payment methods. The customer may request an invoice for the order by sending an email to info@serata.be.

8.3

Unless otherwise agreed as set out in Article 8.2, invoices must be paid within the period stated on the invoice. SERATA also reserves the right to request advance payments.

8.4 Collection from businesses:

If an invoice is not paid by its due date by a customer who is a business, the amounts due shall automatically and without notice of default be increased by interest. This is the interest at the reference interest rate increased by eight percentage points and rounded up to the next half percentage point. In addition, the amounts due on the due date but not paid shall automatically and without notice of default be increased by fixed compensation of 10% of the outstanding invoice amount, with a minimum of 40 euros, to cover collection costs. This shall not prejudice SERATA's right to claim higher compensation for any other costs associated with non-payment.

8.5 Collection from consumers:

After the payment deadline has passed, 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 shall become due:

• Late-payment interest: This is the interest at the reference interest rate increased by eight percentage points and rounded up to the next half percentage point.
• One-time fixed compensation clause:
  • €20.00 for claims less than or equal to €150.00
  • €30.00 + 10% of the outstanding amount in the bracket between €150.01 and €500.00
  • €65.00 + 5% of the outstanding amount in the bracket between €500.01, with a maximum of €2,000.00

8.6

If an invoice is not paid by its due date, all outstanding invoices shall become immediately and fully due and payable, and SERATA reserves the right, without any notice of default or court intervention, to suspend its further contractual obligations until full payment has been received or to consider the agreement terminated, without prejudice to its right to compensation.

8.7

Invoices must be disputed within 8 (eight) calendar days of receipt, failing which the right to dispute them is forfeited. The customer may do so by sending an email to SERATA. In that email, the customer must clearly indicate that it constitutes 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 fulfil its obligations due to temporary or permanent force majeure or another cause beyond its control. Force majeure means all circumstances that SERATA could not reasonably influence, including but not limited to: pandemics, 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 that have not yet been delivered.

9.2

SERATA may suspend the continuation of an agreement or terminate it out of court, without owing compensation, if the customer fails to comply with its payment obligation.

9.3

The parties may terminate the agreement out of court and free of charge if the other party fails to fulfil its contractual obligations. The parties confirm any intention to terminate in writing, with reasons, and as soon as possible to each other.

9.4

The customer remains liable for payment of debts incurred before the date of termination. If ordered products have only been partially delivered, regardless of when, these will be invoiced separately.

Liability

10.1

SERATA and/or its appointees are not liable for damage that may occur during or after performance of the agreement, unless there is

• its intent, gross negligence, or that of its appointees or agents,
• or, except in cases of force majeure, for failure to perform an obligation that constitutes one of the agreement's principal obligations,
• damage caused by a product that was non-compliant upon delivery, in accordance with statutory product liability,
• or other cases of mandatory law in which liability cannot be excluded.

10.2

SERATA is never liable or required to compensate for non-material or indirect damage, damage resulting from non-compliant use and/or maintenance of a product (as provided in Article 6.4), or consequential damage, including but not limited to loss of profit, loss of turnover, loss of income, production restrictions, administrative or personnel costs, an increase in general costs, loss of clientele, or claims by third parties.

These provisions and all other provisions in these general terms and conditions that limit SERATA's liability apply both contractually and extracontractually, and apply for the benefit of SERATA (VDV CONSULT BV), its staff and directors.

10.3

Unless otherwise required by mandatory law, SERATA (VDV CONSULT BV), its staff and directors cannot be held directly or indirectly liable in tort.

10.4

SERATA's contractual and non-contractual liability is at all times limited to the amount paid by the customer for the products purchased (including VAT).

10.5

If either party fails to perform the agreement, performs it only partially, or performs it incorrectly, the party that has suffered damage must notify the other party of this in writing within 14 (fourteen) calendar days, stating the reason and providing an estimate of the damage suffered. Under no circumstances 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 to the customer, SERATA always has the right to remedy the breach.

10.7

If, due to a contractual or non-contractual breach attributable to the customer, SERATA's liability is jeopardized, the customer 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 has been made of the prices charged by it, any interest, damages, and costs.

11.2

SERATA expressly reserves the right to reclaim unpaid deliveries, wherever they may be located, 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 consequently undertakes to safeguard and insure 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 the retention of title.

11.4

The risk of loss, damage, or theft of the delivered goods passes to the customer from the moment of delivery, regardless of whether ownership has already been transferred.

Website

12.1

SERATA may modify, restrict, or expand the format and content of its website at its own discretion. Although SERATA makes every effort to ensure that the website functions optimally and is secure, malfunctions, interruptions, data loss, or the unintended distribution of viruses or malware can never be completely ruled out. SERATA cannot be held liable for this.

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 appointees collect and/or process the personal data they receive from the customer for the purpose of performing the agreement, fulfilling orders, delivering goods, handling complaints, processing payments, collecting invoices, promotional or informational communications, customer management, accounting and direct marketing activities in accordance with the General Data Protection Regulation (GDPR) and the relevant Belgian legislation. The legal bases are performance 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 their form, are owned by SERATA or are used by SERATA under a valid licence from third parties. The customer is not permitted to use, share with third parties, distribute, copy or disclose these works, whether created by SERATA or used under licence, either personally or with the assistance of third parties, without SERATA's explicit prior consent. Any infringement of these intellectual property rights may give rise to civil and criminal proceedings.

Complaints

15.1

Any complaints about SERATA's services or 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 subsequently handle it as soon as possible and to the best of its ability.

Disputes and applicable law

16.1

In the event of disputes arising from or relating to these general terms and conditions, the validity, performance or interpretation of the agreement, the products or services, the parties shall seek an amicable solution.

16.2

Belgian law shall apply exclusively to disputes relating to these general terms and conditions, the validity, performance or interpretation of the agreement, or the products or services, which cannot be resolved amicably, except where mandatory provisions on applicable law for consumers apply and designate another law. In judicial disputes, the Belgian courts of Antwerp, Tongeren division, shall have exclusive jurisdiction, except where mandatory provisions on applicable law for consumers apply and designate another law.