GENERAL CONDITIONS OF SALE

ARTICLE 1 – OBJECT AND SCOPE BY THESE GENERAL CONDITIONS

1.1. These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) apply application on the tied contractual relationships between it company Unpleasant Belgian law NEW DIFFUSION BV with registered office Blankenbergsesteenweg 19, 8377 Zuienkerke registered with the KBO under number 429.226.582, hereinafter referred to as “Billie Ocean” and the “Customer” who meets the definition of “consumer” within the meaning of the Economic Code Right, and this via the website: www.billieocean.com (hereinafter the “Website”).

1.2. These General Terms and Conditions aim to determine the conditions and modalities for the online sale of products sold on its Website (the “Products”).

1.3. These General Terms and Conditions apply to all orders for the Products (the “Order(s)”).

1.4. Billie Ocean retains himself It straight for to present General Conditions to adjust or change at any time. The version of the General Terms and Conditions That by application is on An sale is That That online occurs on the website billieocean.com on It moment by the Order.

ARTICLE 2 -ACCEPTANCE, VALIDITY AND DURATION BY THE GENERAL CONDITIONS

2.1. The fact of entering into a contract with Billie Ocean means full acceptance of these General Terms and Conditions to the exclusion of any other document.

2.2. Online acceptance of these General Terms and Conditions is confirmed by checking the mandatory boxes when completing the Order on the Website.

2.3. The Customer can consult, register and print the text of the General Terms and Conditions at any time from the Website. If this is not possible due to a technical problem, it is possible to request the General Terms and Conditions at the following e-mail address: info@billieocean.com

2.4. Present General Conditions apply from 01/01/2023.

ARTICLE 3 – PRODUCTS ON THE WEBSITE

3.1. The at buy offered Products are That That become described on the Website at the day by It visit On the Website Through the Customer, if these are in stock. This indications become automatically updated. But An wrong bee this side effect regardless of the cause of it leads not until only one liability of Billie Ocean. Like this can Billie Ocean not responsible become stated for the cancellation of An Order by An product Through exhaustion by the supplies.

3.2. Billie Ocean takes the utmost care in the performance and the description of its Products to Like this Good possible information at to give On the Customer. However is it is possible that material errors may occur on the Website, which the Customer acknowledges and accepts.

3.3. Billie Ocean does not guarantee the precise information provided or obtained through the Website. Therefore become photos, Graphs and descriptions by the te buy offered Products only datum ter information and to lead she until Not a single one liability by Billie Ocean. More certain be able to the photos by the Products light differences by the reality Through the institution by It screen by the customer or the exposure bee It to take by the photos.

3.4. Certain items on the Website are not intended for sale. They are introduced in It frame by An photo composition and Billie Ocean connects himself total not with relation until their availability for the sale.

3.5. It is possible that after an Order the Customer receives a piece that was previously returned Through someone otherwise. Thereby is becoming clearly stated that Billie Ocean only accepts the return of intact and unworn pieces. These two conditions become checked for the sent back Products again are placed in stock.

ARTICLE 4 – A ORDER PLACE ON THE WEBSITE

4.1. The Customer declares that he is of legal age (at least 18 years old) or has the permission of his parents or guardians to place an Order on the Website. The Customer also declares (i) that he is fully authorized to use the to use payment methods for the payment of the Order and (ii) that these payment methods provide access to sufficient funds to cover all costs for the purchase of the Products. The Customer is financially liable for every Order placed, both in his own name and on behalf of third parties, including minors.

Creation of the Customer's account

4.2. To easily place the Order via the Website, Billie Ocean also gives its Customers the option to create a customer account. This is not mandatory, but the Customer does not have to provide his details with every Order.

4.3. To create a customer account, the Customer must provide his name, first name and email address.

4.4. The Customer guarantees the authenticity and correctness by the information that he gives.

4.5. Billie Ocean can the customer account complete Unpleasant own choice on each delete moment, without that this leads until only one liability in That sentence.

Places by the Order

4.6. The Customer can place an Order on the Website for any product that is available and depending on the availability of these Products in Billie Ocean's inventories .

4.7. For completing the Order a summary screen will be displayed with all the details of the selected Products so that the Customer can check the detailed Order and correct any errors. Billie Ocean therefore invites the Customer to check whether all information in this summary screen corresponds to the desired Order. This cannot be changed after confirmation of the Order.

4.8. The Order is only effective after full payment of the price including VAT and after acceptance of the General Terms and Conditions of Sale in force when placing the Order via a box to be checked, as described in Article 2.

Confirmation of the Order

4.9. After placing the Order, the Customer will receive an email with confirmation and all details regarding the Order, the price paid including VAT, the amount of the postage costs, as well as all information regarding delivery. Also the contact details by Billie Ocean are mentioned in it in the in case of a possible complaint.

4.10. The Customer formally accepts the use of electronic mail for Billie Ocean's confirmation of the contents of his Order.

4.11. Billie Ocean retains himself It straight for to on each moment each product on the website out the sale at to take and the contents of it or the on top common information at to replace or at change. Despite the Best efforts by Billie Ocean to at to fulfil On the expectations by are customers can It to happen that the processing by An Order is becoming refused after An confirmation email On the customer with a summary of the Order, especially in the event of unavailable stocks.

 

4.12. Billie Ocean can not responsible become stated opposite the Customer or An third party for the harmful consequences of the withdrawal of a Product from the Website, or its replacement or change by the contents or information That occurs on this Website, or for the refusal An Order at process after It to steer by a confirmation email of resume by the Order.

4.13. Billie Ocean also reserves the right to refuse or cancel any Order Cancel That originating is by An Customer of Who there An disagreement is by which nature whatsoever.

4.14. Billie Ocean prohibits formal It usage by are Website On businesses in the meaning of article I.1.1° of the Code of Economic Law. This preserves Billie Ocean himself It straight for to An Through An company placed Order to refuse, especially if the quantity of items ordered is abnormally more than the needs by An consumer.

ARTICLE 5 – PRICE AND PAYMENT METHODS

5.1. The prices on the Website are expressed in euros, including VAT. However, these prices do not include postage costs.

5.2. The prices applied are those stated on the Website at the time the Order is registered.

5.3. The price payable by the Customer corresponds to the amount stated on the summary that the Customer took note of before confirming his Order.

ARTICLE 6 – PERFORMANCE BY THE ORDER

6.1. Billie Ocean entrusts the delivery of its products to various third-party transport companies. The amount of postage may differ depending on the country of destination and is stated on the Website. The exact amount of these costs is always communicated to the Customer when completing his Order.

Delivery times

6.2. The delivery times stated on the Website apply from the Customer's receipt of the confirmation email sent by Billie Ocean subject to confirmation of payment. In any case, the delivery times are given for information purposes only.

6.3. Billie Ocean undertakes to make every effort to deliver the ordered products within a reasonable time.

6.4. If the Products ordered are not available at the time of the Order and cannot be delivered within a reasonable time after receipt of payment by Billie Ocean, informs Billie Ocean the customer about that per e-mail after reception by the Order and cancels it. Where appropriate, reimbursement will be made in accordance with the modalities described in Article 8 below.

6.5. When the ordered product is ready for shipment, Billie Ocean will send an email to the Customer to confirm the shipment of his Order. The Customer also receives a tracking number to track his Order via the Website of the relevant carrier.

6.6. For more information about delivery times and how to track them, the Customer can consult the FAQ Deliveries section.

ARTICLE 7 – RECEIPT/WITHDRAWAL/CANCELLATION OF THE ORDER

7.1. As a consumer, the Customer has a period of 14 calendar days from the day following receipt of the ordered Products to withdraw and Cancel order without having to give a reason. It straight on withdrawal is becoming exerted without fine.

7.2. The same principle applies in the event that the Customer notices anything abnormal with regard to the delivery (damaged package, missing, damaged products, products not in accordance with the Order, etc.).

7.3. Regardless of whether he exercises his right of withdrawal or notices anything abnormal in the delivery, the Customer is obliged to inform Billie Ocean's customer service of the cancellation of the Order within 30 days following receipt of the Products at the following address:

By letter: New Diffusion – Billie Ocean, Blankenbergsesteenweg 19, 8377 Zuienkerke Belgium ;

By email: info@billieocean.com

7.4. After notifying this as described above, the Customer has 14 days to return the Product received in perfect condition, unused and in the original packaging.

7.5. Subject to compliance with the return conditions in Article 8, Billie Ocean will refund the price of the products as confirmed with the Order.

7.6. If the ordered Product has already been delivered when the Customer decides to cancel the Order, the Product must be returned in its packaging to the address that is mention on the return slip which the Customer subsequently receives from Billie Ocean, inside An term of 14 days from the day of the written cancellation of the Order.

7.7. If the aforementioned conditions have been met and subject to compliance with the return conditions stated below, Billie Ocean will refund the Product according to the conditions stated below.

7.8. In It case by force majeur as a result of which the execution by the Order or present General Conditions is becoming prevented, informs Billie Ocean the Customer about that per mail inside An term of fourteen (14) to dawn at calculate from It prevent by this event. Become explicit of name the next one events considered as force majeur or coincidence, besides That normal become withhold Through the case law by the Belgian courts and Courts, sufficient or partial strikes, lockout, riot, boycotts or other actions by industrial earth or commercial disputes, civil unrest, rebellion, war acts of terrorism, bad weather conditions, epidemic, blocked transport or means of delivery to which rode than also, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes by the forms by sale, computer breakdown, blocked telecommunications, including wired or hz networks for telecommunications, and each other case outside the want to by the parties that prevent the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event without compensation. If It case by force majeur longer takes then three (3) months is becoming the concerned transaction disbanded on ask by Billie Ocean or from the Customer without only one compensation for the one nor the Others party .

ARTICLE 8- RETURNS, REFUND AND EXCHANGE

Return conditions

8.1. Billie Ocean accepts only the refund by the Products meant in articles 7.1, 7.2,9.1 and 9.2 below the following conditions:

- The Products become intact sent back Unpleasant It address mention on the return slip in their original packaging and accessories, ready to be resold;

- The Products may not to behave are not crops and/or not are damaged;

- The labels still have to are confirmed to the Products.

8.2. If the Customer cannot return the Products delivered to him in full or if they are damaged, Billie Ocean will deduct from the refund the value of the non-returned and/or damaged Products according to the pricing applicable at the time the Order was placed . 

8.3. This deduction is not by application when the Customer the damage yourself noticed during delivery.

Modalities for the return

8.4. More information about the return modalities finds the Customer on the page FAQ from the website.

Refund modalities

8.5. The refund (including delivery costs) will be made using the same payment method as originally used by the Customer for the payment of his Order, with the exception of express agreement for a different payment method and provided that the refund does not entail additional costs for the Customer . Billie Ocean performs the refund when the Products are received.

If this payment method has expired, the Customer must contact customer service for the refund method at change. In common case can Billie Ocean not liable become stated for An delay in the refund.

8.6. Except in the case referred to in Article 7.2 of these General Terms and Conditions, the Customer shall bear the costs of returning the Products.

Exchange modalities

8.7. Billie Ocean does not return Products purchased through the Website. The Customer does have the option to cancel his Order in compliance with the aforementioned conditions and then place a new Order.

8.9. It return by the Products happens on risk by the Customer as the Customer another return method chooses than That is becoming suggested Through Billie Ocean.

ARTICLE 9 – WARRANTIES

9.1. All Products sold on the Website benefit from the seller's legal warranty On the consumer, as provided in article 1649quater by It Civil Code on the basis of: “The seller is liable to the consumer for any lack of conformity that exists during the delivery of consumer goods and that manifests itself within a period of two years from the aforementioned delivery”.

Billie Ocean undertakes that the Products are in accordance with the descriptions on the Website, with the quality requirements that the Customer can reasonably expect and with the legal provisions that exist on the date of execution of the Order. This warranty can be exercised for a period of 2 years from the delivery of the product.

9.2. All on the Website sold products to enjoy below Others by the legal guarantee for hidden defects, as provided for by Article 1641 of the Civil Code, according to which: “The seller is obliged to indemnify against hidden defects of the item sold that make it unsuitable for the use for which it is intended or that reduce use to such an extent that if the buyer had known of the defects, he would not have purchased the item or would have purchased it only for a lower price."

9.3. Any complaint regarding the aforementioned guarantees must be addressed to the following address within 2 months of the discovery of the defect:

Per post: New Diffusion – Billie Ocean, Blankenbergsesteenweg 19, 8377 Zuienkerke Belgium ;

Per email: info@billieocean.com 

9.4. If all legal conditions of the warranty are met, Billie Ocean must either arrange for the repair or replacement of the Product at its expense unless this is impossible or disproportionate, or proceed with a price reduction or cancel the contract (refund). if the repair or replacement is impossible/disproportionate, or cannot be done within a reasonable period and without major inconvenience to the Customer.

9.5. The defective Products will be refunded by Billie Ocean . Products damaged in any way other than normal use will not be refunded.

9.6. The consumer's legal claim under Article 1649quater of the Civil Code must be filed within a period of one year from the day on which the lack of conformity was discovered.

ARTICLE 10 –CONSERVATION OF PROPERTY

10.1. The Products remain It property from Billie Ocean to the effective and total payment of the price of these Products, as well as their accessories, notwithstanding Article 1583 of the Civil Code.

ARTICLE 11 – LIABILITY

11.1. Billie Ocean takes no liability whatsoever in itself for lack of profits, damage resulting from loss in the broadest sense of the word and/or all other direct or indirect damage of any kind.

11.2. Under no circumstances can Billie Ocean be held liable for damage not inherent to the Product and/or for non-conceptual defects resulting from an external cause unrelated to Billie Ocean regardless of whether the Customer is at fault or not.

11.3. The Customer is responsible for the correct use of the Products, in accordance with the guidelines and recommendations of the supplier or manufacturers, and for compliance with applicable regulations, in particular regarding safety.

11.4. The liability by Billie Ocean for each Product that is becoming purchased on the website is becoming strict limited until the purchase price by this last.

11.5. For the documents, descriptions and information of relation until the Products appearing on the Website do not carry any express or implied warranty datum, of exception by the bee law provided guarantees.

11.6. Billie Ocean makes no guarantees regarding any disadvantage that may be caused is becoming Through the transmission by An computer virus, An worm, An time bomb, a Trojan horse, a cancel bot, a logic bomb or any other form of programming routine, designed to An functionality by An computer to damage or at destroy or that the operation of it hinders, of including of each transmission ensuing out It to download by content, executed Through the customer, software Through it used to the content at to download by the Website or the server That thus access gives. In this respect acknowledges the Customer that he is responsible for installing anti-virus and security software on its computer equipment and any other device to protect it against bugs or other programming routines That harmful are.

11.7. The customer acknowledges that it assumes all risks associated with any downloaded content or content on An Others way obtained of use by the Website and acknowledges sole responsibility for any damage caused to its computer system or for each loss by facts ensuing out It to download of this content.

ARTICLE 12 – WEBSITE AND INTELLECTUAL PROPERTY

12.1. In principle is the Website accessible for all users by It internet 24/24, 7/7, with the exception of planned or unplanned interruptions by Billie Ocean or its service providers for maintenance and/or security or Through An case by force majeure (such as after this certain). Billie Ocean can not responsible become stated for damage from which earth than also, ensuing out It fact that the Website not available is.

 

12.2. Billie Ocean guarantees not that the Website free is by anomalies, errors or bugs, nor that the Website flawless and without interruption shall to work. To that end can Billie Ocean free and complete Unpleasant own choice each period determine during the day which the website or the contents of it not available is. Billie Ocean can also not become liable stated for issues of the transmission by facts, of the connection or It unavailable network.

 

12.3. Billie Ocean reserves the right to further develop the Website for technical reasons or commercial reasons. If this amendments the terms of delivery of the services not substantial and  negative change  can  the  Customer  be informed about the possible changes, but are acceptance is not required .

12.4. Use of the Billie Ocean Website is reserved, subject to a specific and express agreement or license granted by Billie Ocean , for strictly personal use.

12.5. Billie Ocean retains full, complete and exclusive ownership of the various data, transferred in It frame by present General Conditions as well by all brands, texts, comments, works, illustrations and images, visually or with sound, reproduced on the Billie Ocean Website.

12.6. It fact one hypertext link at places Unpleasant the Billie Ocean Website , using the technique of “framing” or “deep linking” is strictly prohibited without the prior consent of Billie Ocean . The inquiry should be directed to info@billieocean.com and mandatory to report the address of the URL page where the link appears on the third-party website.

12.7. Any complete or partial reproduction of Billie Ocean 's catalog and/or Website is authorized solely for information purposes for private and personal use. Any reproduction or use of copies made for other purposes is strictly prohibited.

ARTICLE 13 – APPLICABLE STRAIGHT AND COMPETENT COURT

13.1. These General Terms and Conditions and the contract that the Customer concludes with Billie Ocean are subject to Belgian law.

13.2. Only the courts of the district of Bruges have jurisdiction in the event of a dispute. However, the Customer may bring legal action to assert his rights as a consumer in the European Union country where he resides.

13.3. The European Commission provides an online dispute resolution platform at: http://ec.europa.eu/consumers/odr/ .

ARTICLE 14 – FINAL PROVISIONS

14.1. The fact that Billie Ocean does not rely on one of the provisions of these General Terms and Conditions at one time or another cannot be interpreted as a waiver by the latter to rely on them later.

14.2. In the event that all or part of the provisions of the General Terms and Conditions are declared invalid or without effect, the validity of the other provisions will not be affected.

14.3. The electronic data stored in Billie Ocean 's information systems and that relates to have on the Through Billie Ocean proposed services, forms for the Customer receptive, valid and opposable prove below the same conditions and with the same evidentiary value as any document drawn up, received or kept on paper.

14.4. The original version of these General Terms and Conditions have been drawn up in Dutch. Any translation into a language other than Dutch mentioned on the Billie Ocean website is purely informative and has no legal validity. In the event of a deviation in the translated text compared to the Dutch version of these General Terms and Conditions, the Dutch version will prevail.