General Terms & Conditions
Disclaimer:
The Terms and Conditions provided below are a translation of the original Dutch version, which has been generated by AI. The official version of these Terms and Conditions is in Dutch. Billie Ocean does not accept responsibility for any discrepancies or differences between the translated English version and the original Dutch version.
ARTICLE 1 - PURPOSE AND SCOPE OF THESE GENERAL TERMS AND CONDITIONS
1.1. These general terms and conditions (hereinafter the "General Terms") apply to the contractual relationships entered into between the Belgian company NEW DIFFUSION BV, with its registered office at Blankenbergsesteenweg 19, 8377 Zuienkerke, registered with the KBO under the number 429.226.582, hereinafter referred to as "Billie Ocean," and the "Customer," who qualifies as a "consumer" within the meaning of the Belgian Code of Economic Law, via the website: www.billieocean.com (hereinafter the "Website").
1.2. These General Terms aim to establish the conditions that apply to the online sale of products offered for sale on the Website (the "Product(s)").
1.3. These General Terms apply to all orders for Products (the "Order(s)").
1.4. Billie Ocean reserves the right to modify or adjust these General Terms at any time. The version of the General Terms that applies to a sale is the version that is available online on the Website www.billieocean.com at the time the Order is placed.
ARTICLE 2 - ACCEPTANCE, VALIDITY, AND DURATION OF THE GENERAL TERMS
2.1. Entering into an agreement with Billie Ocean implies full acceptance of these General Terms, to the exclusion of any other document.
2.2. The customer automatically agrees to these General Terms upon completing the Order on the Website.
2.3. The customer is responsible for reading the general terms before making a purchase.
2.4. The customer may consult, save, and print the text of the General Terms at any time from the Website. If technical issues prevent this, the General Terms can be requested via the following email address: info@billieocean.com.
2.5. These General Terms are effective from 01/01/2023.
ARTICLE 3 - PRODUCTS ON THE WEBSITE
3.1. The products offered for sale are those described on the Website on the day the Customer visits, subject to availability. These indications are automatically updated. However, any errors in this update, regardless of the cause, do not lead to liability for Billie Ocean. Consequently, Billie Ocean cannot be held responsible for the cancellation of an Order for a product due to stock depletion.
3.2. Billie Ocean takes great care in presenting and describing its Products to provide the best possible information to the Customer. However, material errors may occur on the Website, which the Customer acknowledges and accepts.
3.3. Billie Ocean does not guarantee the accuracy of the information provided or obtained via the Website. Therefore, photos, images, and descriptions of the products for sale are provided solely for informational purposes and are not binding for Billie Ocean. In particular, photos of the Products may differ slightly from reality due to the screen settings or lighting of the Customer when the photos were taken.
3.4. Certain items displayed on the Website are not intended for sale. They are presented as part of a photo composition, and Billie Ocean does not assume any obligation regarding their availability for purchase.
3.5. After placing an order, the Customer may receive an item previously returned by another person. It is clearly stated that Billie Ocean only accepts returns of items that are intact and unworn. These two conditions are checked before returned products are restocked.
ARTICLE 4 - PLACING AN ORDER ON THE WEBSITE
4.1. The Customer declares that they have reached the legal age (at least 18 years old) or have obtained permission from their parents or guardian to place an Order on the Website. The Customer also declares (i) that they are fully authorized to use the payment methods for the Order and (ii) that these payment methods provide access to sufficient funds to cover all costs associated with the purchase of the Products. The Customer is financially responsible for any Order placed, either on their own behalf or on behalf of a third party, including minors.
Creating a customer account
4.2. To facilitate placing an Order via the Website, Billie Ocean offers Customers the possibility of creating a customer account. This is not mandatory but allows the Customer to avoid re-entering their details for each Order.
4.3. To create a customer account, the Customer must provide their first name, last name, and email address.
4.4. The Customer guarantees the authenticity and accuracy of the information provided.
4.5. Billie Ocean may delete a customer account at any time and at its sole discretion without being liable for it.
Placing an Order
4.6. The Customer can place an Order on the Website for any available product, subject to the availability of these Products in Billie Ocean's stock.
4.7. Before finalizing the order, a summary screen is displayed with all the details of the selected products so that the customer can check and correct any errors. Billie Ocean invites the customer to verify that all information on this summary screen matches the desired order. Once the order is confirmed, it can no longer be modified.
4.8. The Order is only valid after full payment of the price, including VAT.
Order Confirmation
4.9. After placing the Order, the Customer receives a confirmation email with all the details regarding the Order, the total price including VAT, shipping costs, and delivery information. It also includes Billie Ocean's contact details for potential complaints.
4.10. The Customer formally agrees that Billie Ocean confirms the order details by email.
4.11. Billie Ocean reserves the right to remove a product from the Website and replace or modify the content or information displayed on it at any time. Despite Billie Ocean's best efforts to meet customer expectations, it may refuse to process an order after the confirmation email is sent, particularly if the product is out of stock.
4.12. Billie Ocean cannot be held liable to the Customer or a third party for the consequences of removing a Product from the Website, replacing or modifying the content or information displayed, or refusing to process an Order after sending a confirmation email.
4.13. Billie Ocean also reserves the right to refuse or cancel an order from a Customer with whom there is a dispute.
4.14. Billie Ocean expressly prohibits businesses, as defined in article I.1.1° of the Belgian Code of Economic Law, from using its Website. Therefore, Billie Ocean reserves the right to refuse an Order placed by a business, particularly if the quantity of items ordered exceeds the needs of a typical consumer.
ARTICLE 5 - PRICES AND PAYMENT TERMS
5.1. The prices on the Website are expressed in the currency of the country, including VAT. However, these prices exclude shipping costs.
5.2. The applicable prices are those listed on the Website at the time the Order is registered.
5.3. The amount the Customer must pay corresponds to the amount displayed in the summary that the Customer reviewed before confirming the Order.
ARTICLE 6 - EXECUTION OF THE ORDER
6.1. Billie Ocean entrusts the delivery of its products to various external transport companies. Shipping costs may vary depending on the destination country and are indicated on the Website. The exact amount of these costs is always communicated to the Customer upon finalizing their Order.
Delivery times
6.2. The delivery times indicated on the Website apply from the moment the Customer receives Billie Ocean's confirmation email, subject to payment confirmation. Delivery times are always provided for informational purposes only.
6.3. Billie Ocean strives to deliver the ordered products within a reasonable time.
6.4. If the ordered Products are unavailable at the time of the Order and cannot be delivered within a reasonable time after Billie Ocean has received the payment, Billie Ocean will inform the Customer by email after receiving the Order and cancel it. In such a case, the refund will be processed as outlined in Article 8 below.
6.5. When the ordered Product is ready for shipment, Billie Ocean sends an email to the Customer confirming the shipment of their Order. The Customer will also receive a tracking number to track their Order on the carrier's website.
6.6. For more information on delivery times and tracking, the Customer can consult the FAQ section on Deliveries.
ARTICLE 7 - RECEIPT / WITHDRAWAL / CANCELLATION OF THE ORDER
7.1. As a consumer, the Customer has a period of 30 calendar days from the day after receiving the ordered Products to withdraw from and cancel their Order without giving a reason. The right of withdrawal is exercised without penalty.
7.2. The same principle applies if the Customer encounters issues with the delivery (damaged packaging, missing or damaged products, non-conformity with the Order, etc.).
7.3. Regardless of whether the Customer exercises their right of withdrawal or reports a delivery issue, they must notify Billie Ocean's customer service of the cancellation of the Order within 30 days after receiving the Products at the following address:
By mail: New Diffusion – Billie Ocean, Blankenbergsesteenweg 19, 8377 Zuienkerke, Belgium
By email: info@billieocean.com
7.4. After the notification described above, the Customer has 30 days to return the received Product in perfect condition, unused, and in the original packaging.
7.5. Provided the return conditions in Article 8 are met, Billie Ocean will refund the price of the Products as confirmed in 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 the packaging to the address specified on the return slip sent by Billie Ocean, within 30 days after the written cancellation of the Order.
7.7. If the above conditions are met and the return conditions described below are complied with, Billie Ocean will refund the Product as described below.
7.8. In the event of force majeure that prevents the execution of the Order, Billie Ocean will not be held liable for any consequences.
ARTICLE 8 - RETURN POLICY AND REFUNDS
8.1. If the Customer exercises their right of withdrawal, they must return the Products in the same condition in which they received them, including the original packaging and labels, within 30 days after notifying Billie Ocean of their decision to withdraw.
8.2. The Customer must bear the direct costs of returning the Products, unless Billie Ocean agrees to cover these costs (e.g., in the case of a defective or incorrect item).
8.3. The Customer is responsible for ensuring that the returned Products are properly packaged to avoid damage during transport. Billie Ocean is not responsible for any damage that occurs during the return shipping.
8.4. Products that are not in their original condition or are damaged or used may not be refunded. If the Products are not returned in their original condition, Billie Ocean reserves the right to refuse the return and refund.
Refund Process
8.5. Upon receiving the returned Product(s) in accordance with these return conditions, Billie Ocean will process the refund within 14 calendar days. Refunds will be made via the same payment method used for the original Order, unless otherwise agreed with the Customer.
8.6. If the Customer cancels the entire Order, the full amount paid for the Products will be refunded. If only part of the Order is returned, the corresponding portion of the amount will be refunded.
8.7. If the refund is not processed within the stated time frame, the Customer may contact Billie Ocean via the provided contact details to follow up on the matter.
ARTICLE 9 - DELIVERY AND RISK
9.1. The Products will be delivered to the address specified by the Customer at the time of placing the Order, provided that the delivery location is within the countries to which Billie Ocean delivers.
9.2. Risk of loss or damage to the Products passes to the Customer upon delivery. This means that once the Products are delivered to the Customer's designated address, they are responsible for any subsequent damage or loss, even if the Products are returned.
9.3. Delivery times are estimates only, and Billie Ocean cannot be held responsible for any delays caused by external factors such as postal or carrier delays.
9.4. If the Customer does not receive the Products within a reasonable time after the expected delivery date, they should contact Billie Ocean's customer service immediately to investigate and resolve the issue.
9.5. If the Customer is not available at the time of delivery, the carrier will make a second delivery attempt or leave a notice regarding how the Customer can retrieve the Products from a local collection point. The Customer may be required to pay additional shipping fees for re-delivery or collection.
9.6. In the case of incorrect or incomplete delivery addresses provided by the Customer, resulting in delivery failure or delay, the Customer will bear any additional costs associated with the correction or re-delivery of the order.
ARTICLE 10 - WARRANTIES AND LIABILITY
10.1. Billie Ocean provides a legal warranty of conformity for all Products sold to the Customer. This warranty ensures that the Products conform to the contract at the time of delivery and remain in conformity for a period of two years.
10.2. If a Product is found to be defective, the Customer has the right to request a repair or replacement, provided that the defect was not caused by misuse or negligence by the Customer.
10.3. In the case of a defective product, the Customer must notify Billie Ocean within two months of discovering the defect. The Product should be returned to Billie Ocean according to the return instructions provided.
10.4. Billie Ocean is not liable for any damage arising from the use of the Products if such damage results from misuse or failure to follow the product's instructions.
10.5. Billie Ocean’s liability for any claim related to an Order is limited to the amount paid by the Customer for the Product(s) in question. Billie Ocean will not be liable for any indirect or consequential damages resulting from the use or inability to use the Products.
ARTICLE 11 - PERSONAL DATA PROTECTION
11.1. Billie Ocean processes the Customer's personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
11.2. The Customer's personal data will be used solely for the purpose of fulfilling the Order, including order processing, delivery, and customer support.
11.3. Billie Ocean takes reasonable measures to protect the Customer's personal data and ensures that any third-party service providers involved in the delivery process adhere to data protection standards.
11.4. The Customer has the right to access, correct, or delete their personal data at any time. To exercise these rights, the Customer can contact Billie Ocean's customer service or manage their preferences through their customer account on the Website.
11.5. For more details on how Billie Ocean handles personal data, the Customer can refer to the privacy policy available on the Website.
ARTICLE 12 - INTELLECTUAL PROPERTY
12.1. All content on the Website, including text, images, graphics, logos, and software, is the property of Billie Ocean or its licensors and is protected by intellectual property laws.
12.2. The Customer is not authorized to use, reproduce, or modify any content from the Website without the prior written consent of Billie Ocean.
12.3. Billie Ocean grants the Customer a non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes only.
ARTICLE 13 - FORCE MAJEURE
13.1. Billie Ocean will not be held liable for any delay or failure in performance due to circumstances beyond its control, including but not limited to natural disasters, strikes, pandemics, wars, government actions, and transport or delivery disruptions.
13.2. In the event of force majeure, Billie Ocean will make reasonable efforts to resume performance of its obligations as soon as possible. The Customer will be informed of the situation, and the delivery period will be extended accordingly.
13.3. If the force majeure event persists for an extended period, either party may terminate the Agreement without liability to the other party.
ARTICLE 14 - APPLICABLE LAW AND DISPUTES
14.1. These General Terms are governed by Belgian law.
14.2. In case of a dispute, the Customer has the option to resolve the matter through alternative dispute resolution (ADR) methods, such as mediation. If no agreement is reached through ADR, the dispute will be submitted to the competent courts in Belgium.
14.3. The Customer may also submit complaints to the European Online Dispute Resolution (ODR) platform, which can be accessed at: https://ec.europa.eu/consumers/odr.
14.4. The original version of these Terms and Conditions is drawn up in Dutch. Any translation into another language available on the Billie Ocean Website is purely informative and has no legal validity. In the event of any discrepancy between the translated text and the Dutch version of these Terms and Conditions, the Dutch version shall prevail.