Terms and Conditions

WEBSITE

Acceptance

Your access to this website is subject to these Terms of Use. You are deemed to have accepted these Terms of Use by accessing this website.

Legal Information

Exoligamentz BV
Zandpoortstraat 41
9000 Gent
Belgium
Legal entity number 0793.756.443
VAT BE0793.756.443 – RPR Gent
info@exoligamentz.com

Privacy Policy

Exoligamentz may from time to time collectpersonal data about you. Exoligamentz’s Privacy Policy applies to the collection and processing of such personal data. 

Intellectual Property

All information, text, data, audio, video, content, graphics, lay-out, interfaces, web pages, files, software, product names, company names, trademarks, logos and trade names contained on this website (“Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of Exoligamentz or its licensors.

Exoligamentz hereby grants you a personal, non-exclusive and non-transferable license to access, read and download one copy of the Content. You may not (i) distribute the Content for any purpose; or (ii) create derivative works of, reverse engineer, decompile, transmit, translate, modify, reproduce, bundle, transfer or make available to any other person, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, in electronic from or otherwise. The restrictions set out in these Terms of Use shall not apply to the limited extent they are prohibited by applicable law.

Links to other websites

This website may contain links to other websites. Exoligamentz does not assume responsibility for the accuracy or appropriateness of the materials contained at such websites.  When you access such websites, you are doing so at your own risk. A link to another website should not be construed to mean that Exoligamentz is affiliated or associated with same. 

Limitation of liability 

The Content may not be fully accurate, up to date or complete. Exoligamentz assumes no obligation to update the Content. The Content on this website may be changed without notice to you. 

Except as expressly provided in these Terms of Use or a separate agreement between Exoligamentz and you, this website and all Content on this website are provided “as is” without any warranties of any kind, including but not limited to, warranties as to availability, accuracy, completeness, reliability, suitability, merchantability, quality, uninterrupted or error free operation, non-infringement or fitness for a particular purpose.

Except to the extent prohibited by mandatory law, in no event will Exoligamentz be liable in connection with your use of this website for (i) any indirect damages, including but not limited to damages for loss of use, lost profits or lost savings, and (ii) any damage exceeding one hundred euro.

Amendments

Exoligamentz reserves the right to amend these Terms of Use at any time by posting amendments on this website. If you do not agree to the amended Terms of Use, you shall immediately stop using this website. Access to this website after any amendments have been posted shall constitute your acceptance of the amended Terms of Use. 

Governing Law

These Terms of Use are governed by the laws of Belgium, without reference to the principles of conflicts of law. All disputes shall be submitted to the exclusive jurisdiction of the courts of Ghent, Belgium.

WEBSHOP

These Exoligamentz Webshop Terms and Conditions (hereafter: the “Terms”) apply to your ordering and purchasing of products through the website of Exoligamentz (hereafter: the “Webshop”) and constitute the agreement between you and Exoligamentz BV, Zandpoortstraat 4, 9000 Gent, Belgium, VAT BE0793.756.443 (hereafter: “we”) with respect thereto. Save where we have agreed to deviating terms in a signed writing, you will be required to accept these Terms when placing an order in the Webshop and any other terms and conditions are excluded to the fullest extent permitted by law.

1. Sales process – As a first step of the sales process in our Webshop, the exact size of your hand is determined via our dedicated size generator. Once the exact size is determined, you can add products in that size to your shopping cart. After acceptance of these Terms and your confirmation of the order, payment must be made via Paypal and Bancontact. After successful payment, you will receive a confirmation screen as well as a copy of your order via email. Products will be made available for collection as from the date stated in the confirmation. Our customer service can be reached by email to info@exoligamentz.com or by regular post to Sint-Pietersnieuwstraat 11, 9000 Ghent.

2. Offer and order – Each offer in our Webshop remains valid for as long as our stock lasts and may be amended or withdrawn at any time. If a certain offer has a limited validity period or is subject to specific conditions, we will expressly state so in our Webshop. Your order of a product in our Webshop is always subject to our acceptance and may be refused for any reason. 

3. Price and payment – The price for each product is stated in our Webshop and on your order. The price is inclusive of VAT and other applicable taxes (unless explicitly stated otherwise). All amounts in the Webshop are stated, and payments are to be made, in euro. 

The price stated in our Webshop applies to the product as described in the text in our Webshop and visual representations are being added for illustrative purposes only.

We make every effort to ensure the prices listed in our Webshop are accurate. Nevertheless, we cannot guarantee the absence of errors in pricing. Obvious errors are not binding upon us. We reserve in any case the right to correct prices if we detect an error. If a price of a product you already ordered is corrected, we will inform you of the correction within 7 days of your order and offer you the opportunity to cancel your order free of charge. Any amounts already paid will be refunded in full within 30 days from such cancelation. 

In the event of non-payment or late payment and without prejudice to any other rights we may have, you will be liable (ipso jure and without formal notice), to pay (a) interest of 10% per annum on the unpaid amount from the due date, and (b) liquidated damages of 10% on the unpaid amount, with a minimum of €30 per invoice. Without prejudice to the foregoing, we always reserves the right to take back a product that has not been paid in full.

4. Delivery – All products must be collected from the address stated in the order confirmation no earlier than on the date mentioned in such confirmation. No delivery costs will apply. The risk of loss of, or damage to, an ordered product passes to you as soon as you (or someone acting on your behalf) take physical possession of the product. You must report to us any visible damage, qualitative defect or other shortcoming without delay.

5. Withdrawal and refund – If you are a consumer, you have a limited 14 days’ right (from the day you or someone acting on your behalf (other than a courier) has taken physical possession of the product) to withdraw from your order without giving a specific reason. Should you wish to withdraw from your order, than you have to inform us (by email or otherwise) by an unequivocal statement to that end (e.g., by using the ‘model withdrawal form’ attached to these Terms) within such 14 days’ period. As soon as possible but in any case within 14 days from your notice, you need to ship back the product to us (at our address mentioned above) at your own costs. 

We will only take back a product in its original packaging, together with all accessories, instructions for use and invoice or other proof of purchase. We reserves the right to hold you liable for any decrease in value of a product if resulting from use beyond what is strictly needed to determine the nature, characteristics and functioning of the product.

We will refund all payments received for the product (including only the standard (cheapest) delivery charges) within 14 calendar days from receipt of your revocation provided that we have received back the product or have sufficient proof that you have effectively returned the product to us. The refund will be made through the same payment method as you used to place the order (unless you agree otherwise).

6. Retention of Title – A product shall remain our property until you have made full payment of all sums due in respect of the order. Until payment is made in full, you will hold the product as a bailee (at no cost to us) and keep it separately from all other goods in such a way that it remains readily identifiable as our property. 

7. Warranty – If you are a consumer, you are entitled to the legal warranty as established by applicable mandatory law. If you detect a defect within the legal warranty period, you must inform us as soon as possible and in any case within 2 months from discovery (failing which the right to repair or replacement lapses). To invoke the warranty, you must produce proof of your purchase. You must also return the product to us at your expense. Defects found more than 6 months after purchasing do not constitute hidden defects ( subject to proof to the contrary if you are a consumer). 

The warranty does not apply if a defect is caused by use of the product in contravention of its purpose or in deviation from its instruction manual or in case of modification, inappropriate or abnormal use, poor maintenance, negligence or accident.

8. Limitation of liability – We will in no event be liable to you for any incidental, consequential, special or indirect damages. In no event will Exoligamentz’s liability to you ever exceed the total amount paid by you to Exoligamentz for the product purchased. In jurisdictions that do not allow the foregoing limitations of liability, our liability shall be limited to the maximum extent permitted by law.

9. Privacy – Our Privacy Policy applies in full with respect to your personal data we process in connection with the purchase of products in our Webshop.

10. Miscellaneous – If any provision of these Terms is found by a court to be unenforceable or invalid, then such provision shall be amended to the extent necessary to render same valid and enforceable, and the remaining clauses of these Terms will not be affected by such finding. No waiver of any breach of, or performance under, these Terms, shall be effective unless given in writing, and no waiver of any breach or performance shall be deemed a waiver of the same breach or performance in the future or of any other breach or performance. You may not assign these Terms to a third party without our prior written consent. These Terms constitute the entire agreement between the parties, replace all prior agreements of the parties with respect to the subject matter hereof, and may only be amended by an instrument in writing executed by the parties. We will have no liability for any failure or delay caused by force majeure. These Terms are governed by the laws of Belgium, without giving effect to its conflict of laws provisions. Any disputes will be settled exclusively by the courts of your domicile if you are a Belgian consumer, and in any other case by the courts of Ghent, Belgium.

Annex – Model Withdrawal Form

 To Exoligamentz BV, Zandpoortstraat 41, 9000 Gent, Belgium, info@exoligamentz.com

 I/we (*) hereby give notice that I/we (*) withdraw from our sales contract in respect of the following products

   – Ordered on (*)/Received on (*)

   – Name(s) of consumer(s)

   – Address of consumer(s)

   – Signature of consumer(s) (only if this form is submitted on paper)

   – Date

   (*) Delete what is not applicable