General Terms & Conditions
ARTICLE 1 – OBJECT AND SCOPE OF THESE GENERAL TERMS AND CONDITIONS
1.1. These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions") apply to the contractual relationships established between the Belgian company NEW DIFFUSION BV, with registered office at Blankenbergsesteenweg 19, 8377 Zuienkerke, registered with the CBE under number 429.226.582, hereinafter referred to as "Billie Ocean," and the "Customer," who qualifies as a "consumer" under the Belgian Code of Economic Law, through the website: www.billieocean.com (hereinafter referred to as the "Website").
1.2. These General Terms and Conditions aim to define the terms and conditions governing the online sale of products offered for sale on its Website (the "Product(s)").
1.3. These General Terms and Conditions apply to all orders for the Products (the "Order(s)").
1.4. Billie Ocean reserves the right to amend or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to a sale is the one 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 AND CONDITIONS
2.1. Entering into a contract with Billie Ocean implies 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 mandatory checkboxes when finalizing the Order on the Website.
2.3. The Customer may, at any time, consult, save, and print the text of the General Terms and Conditions from the Website. If technical issues prevent this, the General Terms and Conditions can be requested at the following email address: info@billieocean.com.
2.4. These General Terms and Conditions are effective as of 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 of the Customer's visit, subject to availability. These indications are updated automatically. However, any errors in this updating, regardless of their cause, do not incur liability for Billie Ocean. Consequently, Billie Ocean cannot be held liable 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 Customer with the best possible information. 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, graphics, and descriptions of the products offered for sale are provided for information purposes only and do not incur liability for Billie Ocean. Specifically, the photos of the Products may differ slightly from reality due to the Customer's screen settings or lighting 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 assumes no obligation regarding their availability for purchase.
3.5. After placing an Order, the Customer may receive an item that has previously been returned by another individual. It is clearly stated that Billie Ocean only accepts returns of items that are intact and unworn. These two conditions are verified before returned Products are restocked.
ARTICLE 4 – PLACING AN ORDER ON THE WEBSITE
4.1. The Customer declares they are of legal age (at least 18 years old) or have parental or guardian consent to place an Order on the Website. The Customer also declares (i) 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 related to the purchase of the Products. The Customer is financially responsible for every Order placed, whether on their behalf or for a third party, including minors.
Creating a Customer Account
4.2. To facilitate placing an Order via the Website, Billie Ocean offers its Customers the option to create a customer account. This is not mandatory but allows the Customer to avoid re-entering their information with 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 incurring liability.
Placing the Order
4.6. The Customer can place an Order on the Website for any available product, depending on 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, allowing the Customer to review and correct any errors. Billie Ocean invites the Customer to verify that all information on this summary screen matches the desired Order. Once confirmed, the Order can no longer be modified.
4.8. The Order becomes effective only after full payment of the price, including VAT, and acceptance of the General Terms and Conditions in force at the time of the Order by ticking the appropriate box, as described in Article 2.
Order Confirmation
4.9. After placing the Order, the Customer receives a confirmation email containing all details related to 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 accepts the use of email for Billie Ocean's confirmation of their Order details.
4.11. Billie Ocean reserves the right to withdraw any product from the Website at any time and to replace or modify its content or the information presented on it. Despite Billie Ocean's best efforts to meet customer expectations, it may refuse to process an Order after sending the confirmation email, particularly if the product is unavailable in stock.
4.12. Billie Ocean cannot be held liable to the Customer or any third party for the consequences of withdrawing 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 any type of 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. Consequently, 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 euros, inclusive of VAT. However, these prices exclude shipping costs.
5.2. The applicable prices are those listed on the Website at the time the Order is recorded.
5.3. The price payable by the Customer corresponds to the amount shown on the summary reviewed by the Customer before confirming their Order.
ARTICLE 6 – ORDER FULFILLMENT
6.1. Billie Ocean entrusts the delivery of its products to various third-party 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 when completing their Order.
Delivery Deadlines
6.2. The delivery times stated on the Website apply from the moment the Customer receives the confirmation email sent by Billie Ocean, subject to payment confirmation. Delivery times are always provided for informational purposes only.
6.3. Billie Ocean commits to making every effort to deliver the ordered products within a reasonable time frame.
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 receives payment, Billie Ocean will inform the Customer via email after receiving the Order and cancel it. In such a case, reimbursement will occur as outlined in Article 8 below.
6.5. When the ordered Product is ready for shipment, Billie Ocean will send an email to the Customer confirming the dispatch of their Order. The Customer will also receive a tracking number to follow their Order on the carrier's website.
6.6. For more information on delivery deadlines and tracking, the Customer can refer to the FAQ section on Deliveries.
ARTICLE 7 – RECEIPT / WITHDRAWAL / CANCELLATION OF THE ORDER
7.1. As a consumer, the Customer has a period of 14 calendar days starting the day after the receipt of the ordered Products to withdraw and cancel their Order without providing a reason. The right of withdrawal is exercised without penalty.
7.2. The same principle applies if the Customer identifies any issues with the delivery (damaged package, missing or damaged products, non-compliance with the Order, etc.).
7.3. Regardless of whether they are exercising their right of withdrawal or reporting a delivery issue, the Customer must notify Billie Ocean’s customer service of the Order cancellation within 30 days of receiving the Products at the following address:
- By post: New Diffusion – Billie Ocean, Blankenbergsesteenweg 19, 8377 Zuienkerke, Belgium
- By email: info@billieocean.com
7.4. Once notified as described above, the Customer has 14 days to return the received Product in perfect condition, unused, and in its 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 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 its packaging to the address provided on the return slip sent by Billie Ocean, within 14 days of the written cancellation of the Order.
7.7. If the above conditions are met and subject to compliance with the return conditions described below, Billie Ocean will refund the Product as described below.
7.8. In the event of force majeure that prevents the execution of the Order or these General Terms and Conditions, Billie Ocean will inform the Customer via email within 14 days of the occurrence of such an event. Explicitly considered as force majeure or unforeseen circumstances, in addition to those recognized by Belgian courts, are the following events: total or partial strikes, lockouts, riots, boycotts, or other industrial or commercial disputes; civil unrest, insurgency, war, acts of terrorism; adverse weather conditions; epidemics; blocked transportation or delivery systems; earthquakes, fires, storms, floods, water damage; governmental or legal restrictions; changes in laws or regulations affecting sales methods; IT failures; blocked telecommunications systems, including cable or wireless networks; and any other event beyond the control of the parties preventing the normal execution of the contractual relationship. Obligations of the parties are suspended during the duration of the force majeure event without compensation. If the force majeure event lasts more than three (3) months, the affected transaction may be dissolved at the request of Billie Ocean or the Customer without any compensation for either party.
ARTICLE 8 – RETURNS, REFUNDS, AND EXCHANGES
Return Conditions
8.1. Billie Ocean accepts the return of Products specified in Articles 7.1, 7.2, 9.1, and 9.2 under the following conditions:
- Products must be returned intact to the address specified on the return slip, in their original packaging, and with their accessories, ready for resale.
- Products must not have been worn, washed, or damaged.
- Labels must remain attached to the Products.
8.2. If the Customer cannot fully return the delivered Products or if they are damaged, Billie Ocean will deduct the value of the non-returned and/or damaged Products from the refund according to the pricing applicable at the time the Order was placed.
8.3. This deduction does not apply if the Customer identified the damage during delivery.
Return Procedure
8.4. More information about return procedures can be found in the FAQ section on the Website.
Refund Procedure
8.5. Refunds (including shipping costs) are processed using the same payment method originally used by the Customer, unless expressly agreed otherwise, and provided the refund does not incur additional costs for the Customer. Billie Ocean will process the refund upon receiving the returned Products.
If the payment method has expired, the Customer must contact customer service to arrange an alternative refund method. Billie Ocean cannot be held responsible for delays in the refund process in such cases.
8.6. Except in cases outlined in Article 7.2 of these General Terms and Conditions, the Customer bears the cost of returning the Products.
Exchange Procedure
8.8. Returning Products is at the Customer's risk if they choose a return method other than the one proposed by Billie Ocean.
ARTICLE 9 – WARRANTIES
9.1. All Products sold on the Website benefit from the legal warranty provided to consumers under Article 1649quater of the Belgian Civil Code, which states: “The seller is liable to the consumer for any lack of conformity existing at the time of delivery of consumer goods and manifesting itself within a period of two years from said delivery.”
Billie Ocean ensures that the Products comply with the descriptions on the Website, meet the quality standards reasonably expected by the Customer, and conform to legal provisions existing on the Order execution date. This warranty applies for two years from the delivery date of the Product.
9.2. All Products sold on the Website also benefit from the statutory warranty for hidden defects as provided in Article 1641 of the Belgian Civil Code, which states: “The seller is obliged to guarantee against hidden defects in the sold item that make it unfit for its intended use or diminish its usefulness to such an extent that the buyer would not have purchased it or would have paid less if they had known of the defects.”
9.3. Any claim under the aforementioned warranties must be addressed to the following address within two months of detecting the defect:
- By post: New Diffusion – Billie Ocean, Blankenbergsesteenweg 19, 8377 Zuienkerke, Belgium
- By email: info@billieocean.com
9.4. If all legal warranty conditions are met, Billie Ocean will repair or replace the Product at its expense, unless this is impossible or disproportionate. Alternatively, they will offer a price reduction or cancellation of the contract (refund) if repair or replacement is impossible/disproportionate or cannot be done within a reasonable timeframe and without major inconvenience to the Customer.
9.5. Defective Products will be refunded by Billie Ocean. Products damaged beyond normal use will not be refunded.
9.6. Legal actions by the consumer under Article 1649quater of the Belgian Civil Code must be initiated within one year from the date the lack of conformity was identified.
ARTICLE 10 – RETENTION OF OWNERSHIP
10.1. The Products remain the property of Billie Ocean until 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 assumes no liability for lost profits, damages arising from loss in the broadest sense, and/or any other direct or indirect damage of any kind.
11.2. Billie Ocean cannot, under any circumstances, be held responsible for damages not inherent to the Product and/or for non-design defects caused by an external factor unrelated to Billie Ocean, whether or not the Client is at fault.
11.3. The Client is responsible for the proper use of the Products, in accordance with the supplier's or manufacturers' guidelines and recommendations, as well as compliance with applicable regulations, especially those related to safety.
11.4. Billie Ocean's liability for any Product purchased on the Website is strictly limited to the purchase price of the said Product.
11.5. No explicit or implicit guarantee is provided for the documents, descriptions, and information regarding the Products featured on the Website, except for the guarantees required by law.
11.6. Billie Ocean does not guarantee protection against any damage caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancel bot, logic bomb, or any other type of programming routine designed to damage, destroy, or disrupt the functionality of a computer, including any transmission resulting from the Client downloading content via the Website or the server granting access to it. The Client acknowledges that it is their responsibility to install antivirus software and security programs on their computer equipment and any other devices to protect them from bugs or other harmful programming routines.
11.7. The Client assumes all risks associated with any downloaded content or content otherwise obtained via the Website and acknowledges sole responsibility for any damage to their computer system or loss of data resulting from the download of such content.
ARTICLE 12 – WEBSITE AND INTELLECTUAL PROPERTY
12.1. The Website is, in principle, accessible to all internet users 24/7, except during planned or unplanned interruptions by Billie Ocean or its service providers for maintenance and/or security reasons or in the event of force majeure (as defined below). Billie Ocean cannot be held liable for any damage of any kind resulting from the Website's unavailability.
12.2. Billie Ocean does not guarantee that the Website will be free of anomalies, errors, or bugs, nor that it will function without interruptions or defects. Billie Ocean may, at its discretion, determine periods during which the Website or its content is unavailable. Billie Ocean is also not liable for problems related to data transmission, connection, or network unavailability.
12.3. Billie Ocean reserves the right to further develop the Website for technical or commercial reasons. If these modifications do not substantially and negatively alter the terms of service, the Client may be informed of the changes, but their approval is not required.
12.4. The use of the Billie Ocean Website is strictly personal unless a specific agreement or license is explicitly granted by Billie Ocean.
12.5. Billie Ocean retains full, exclusive ownership of the various data transmitted under these General Terms and all trademarks, texts, comments, works, illustrations, and images, whether visual or audio, reproduced on Billie Ocean’s Website.
12.6. Creating a hypertext link to Billie Ocean's Website using "framing" or "deep linking" techniques is strictly prohibited without prior consent from Billie Ocean. Requests must be sent to info@billieocean.com, specifying the URL page where the link appears on the third-party site.
12.7. Full or partial reproduction of the Billie Ocean catalog and/or Website is permitted only for private and personal use. Any reproduction or use of copies made for other purposes is strictly prohibited.
ARTICLE 13 – APPLICABLE LAW AND COMPETENT COURT
13.1. These General Terms and the contract concluded by the Client with Billie Ocean are governed by Belgian law.
13.2. Only the courts of the Bruges district have jurisdiction in the event of a dispute. However, the Client may initiate legal proceedings to assert their consumer rights in the European Union country where they reside.
13.3. The European Commission provides an online platform for dispute resolution: http://ec.europa.eu/consumers/odr/.
ARTICLE 14 – FINAL PROVISIONS
14.1. The fact that Billie Ocean does not invoke one of the provisions of these General Terms at any given time cannot be interpreted as a waiver of the right to invoke them at a later date.
14.2. If any or part of the provisions of the General Terms are declared invalid or unenforceable, this does not affect the validity of the other provisions.
14.3. Electronic data stored in Billie Ocean's information systems relating to the services provided constitutes admissible, valid, and opposable evidence for the Client under the same conditions and with the same evidentiary value as any document written, received, or stored on paper.
14.4. The original version of these General Terms is drafted in Dutch. Any translation into another language available on the Billie Ocean Website is purely informative and has no legal validity. In case of any discrepancy between the translated text and the Dutch version of these General Terms, the Dutch version prevails.