1 – Introduction
These general terms and conditions apply to all orders that are placed on the gofluo website. Registered in the commercial register with name ‘Studio Wonderland BV’ number 0727.952.633 (VAT BE 0727.952.633). Its headquarters are located at Prins Boudewijnlaan 75, 2600 Berchem (Antwerp), Belgium. E-mail: email@example.com
Any product order via the webshop implies acceptance of these general terms and conditions.
Consequently, the client indicates that he is fully aware of the fact that his agreement in relation to the content of these general terms and conditions does not require this document to be signed if the customer wishes to place an order online for products that are offered via the webshop.
The gofluo webshop and products belongs to ‘Studio Wonderland BV’.
gofluo is a registered trademark, all rights reserved to Studio Wonderland BV.
2 – General terms
2.1 General information
The customer has the option of saving or printing these general terms and conditions, on the understanding that saving or printing this document falls under his exclusive liability.
gofluo may change these general terms and conditions of sale at any time, however only after announcing these changes on its website. Current agreements remain subject to the terms and conditions that were applicable at the time of their conclusion. It is therefore advised that you regularly refer to the latest version of these general terms and conditions, which is always available on the website.
CONSUMER means any physical or legal person who acquires or uses products or services offered via this website for non-professional purposes. As a consumer, the customer has specific rights which would be denied in the event that the products or services acquired via the website were to be used for professional purposes.
PROFESSIONAL means anyone who does not fit the definition of consumer stated above.
3 – Concluding an online purchase
The product catalogue and description of the products in the webshop do not constitute an offer in their current form. As such, completing an order form on the website does not constitute a concluded purchase. A purchase is concluded only when a confirmation e-mail is received.
For security and customer confidence, gofluo reserves the right to request additional information and to refuse the order if gofluo does not receive a proper response or in the event that gofluo is of the opinion that the information it has is insufficient.
4 – Order confirmation
The contractual information shall be confirmed by e-mail by the time of delivery.
5 – Purchase
gofluo shall meet your order if stocks are available or if its suppliers have available stock. Delivery times are always indicated on our website. However, if, in spite of proper vigilance on the part of gofluo, products appear to be unavailable following an order being placed, gofluo shall inform you by email and invite you to cancel or change your order.
6 – Availability
The availability of products is always indicated on our website. If a product is indicated as being ‘in stock’, the product is, in principle, available immediately. gofluo shall not be held liable if stock levels are no longer the same as on the date on which the order was placed. In principle, unavailability is indicated on the website.
In the event that gofluo is unable to obtain a product from its suppliers within a reasonable period of time (e.g. in the event that a supplier’s own stock is depleted), it shall inform the customer of the expected delay by e-mail. In that case, the customer shall have the opportunity to cancel or change the order on the basis of this information. No penalties shall be applied in the event of cancellation under these circumstances.
gofluo reserves the right to dispatch the order as two or more deliveries in the event of product unavailability. In that case, the customer shall not incur additional charges (the customer shall pay the delivery charges that were stated at the time of ordering only once).
7 – Transfer of ownership
In departure from the stipulations of Article 1583 of the Civil Code, sold or delivered goods remain the exclusive property of gofluo until full payment of the order.
8 – Price
Prices are stated in EUR, inclusive of taxes and duties. Delivery costs shall be borne by the customer (unless special conditions are indicated on the website). The prices indicated take into account the information supplied by the customer concerning place of delivery.
gofluo reserves the right to change prices at any time. gofluo is, however, obliged to apply the prices applicable at the time of ordering.
9 – Payment
The full amount must be paid at the time of ordering.
The amounts paid shall not be considered a security deposit or advance payment at any time. All orders are payable in EUR. We work with payment service provider Mollie, which takes care of the processing of our online payments. You can pay using Bancontact/Mister Cash, Belfius, iDEAL, ING, KBC/CBC or credit card. All payments are processed in a secure environment, and Mollie is PCI DSS certified.
You are obliged to ensure that you have authorisation to use the method of payment that you have chosen when the purchase order is saved. In the event of non-payment of any amount owed (or in the event of a payment incident), gofluo reserves the right to suspend or cancel any order and/or delivery, irrespective of the nature by which this occurs. The delivery of any new order(s) may be suspended in the event of late payment of a previous order, notwithstanding the stipulations of these terms and conditions. gofluo reserves the right to request a copy of the customer’s identity card and/or proof of payment for all payments made by bank card.
10 – Delivery
10.1 – General information
Products purchased from gofluo shall only be delivered to the countries listed on the website. Products shall be delivered to the address stated on the purchase order. The dates stated on the product file are indicative dates and are consistent with the processing time of the delivery, to which the date of effective processing of the deliveries must still be added.
gofluo shall not be liable for any inconvenience that can be attributed to a delay in the processing of deliveries as a result of circumstances for which the courier service is liable. No reimbursement shall be issued until the order has been returned to the sender or has arrived at the addressee’s location with a delay.
In the event that you decide to cancel your order after payment and in the event that your order has already been dispatched, gofluo shall not issue a reimbursement for the product until full payment has been received and on the condition that the product remains in its original condition. Transport costs and costs for returning the product shall be borne by the customer (see 11 – Right of withdrawal)
10.2 – Transfer of risk
The property and the risks associated with your products shall be transferred upon receipt of the products.
10.3 – Customs duties
If products are delivered to a country other than Belgium, you shall be considered the authorised importer and as such, you must comply with the laws and regulations of the country in which you take delivery of the goods.
You may be required to pay import duties and tax on the goods that are imported into your country. All costs associated with making a customs declaration shall be borne by the customer. gofluo has no control over these costs and is unaware of the amounts involved. Customs policy varies by country, you should contact your local customs office for further information.
10.4 – Delivery problems
In the event of reservation relating to the delivered product (e.g. damaged package, package already opened, etc.), this must be reported to gofluo within three days of receipt of the product. Depending on the circumstances, you may or may not be able to benefit from the terms and conditions of the Article relating to exchange of or reimbursement for the products.
Any problem relating to the products in the package (outdated or missing product, product that does not match the product ordered, etc.) must be reported to gofluo within fourteen days of receipt of the package. In the event of notification after this period, gofluo shall no longer be liable and the product shall no longer be replaced or reimbursed.
10.5 – Product conformity
In the event that the products exhibit obvious manufacturing defects or if they do not correspond to your order, gofluo shall be obliged to replace or reimburse the products. In that case, we kindly request that you submit a detailed return declaration by e-mail to firstname.lastname@example.org and return the product(s) to gofluo. gofluo shall replace or reimburse the product(s) as per your request. The request must be made within seven working days of delivery. Any claim made after this deadline shall not be accepted.
The products must be returned to gofluo in the condition in which they were received, including all elements supplied (accessories, packaging, manuals, etc.) The costs for returning the product shall be reimbursed according to the invoiced rate. In any case, you may benefit from the legal stipulations in conjunction with the guarantee for hidden defects.
The stipulations of this Article do not prejudice your right of withdrawal (satisfaction or money back) in accordance with Article 11.
10.6 – Returning a package
IMPORTANT: If the customer is not present at the time of delivery and does not collect the package from the address indicated by the courier service within fifteen days, it shall be returned to gofluo. In that case, gofluo shall only return the package to the customer when the package has been received in return (or if returned by the courier service in the event of loss), and the delivery costs of the second delivery shall be borne by the customer, even if the courier service has not left a notification.
11 – Right of withdrawal
In accordance with the law of 14 July 1991 [6 April 2010 for market practices], the consumer reserves the right inform the seller that he wishes to withdraw from the purchase, at no cost and without the need to provide a reason; the customer must exercise this right within fourteen working days, commencing on the day after delivery of the product. Please note: THIS RIGHT SHALL NOT APPLY TO PRODUCTS PURCHASED DURING SALES/PROMOTIONS. These products shall not, therefore, be taken back or reimbursed.
The products must be returned to gofluo within fourteen days in flawless condition so that they may be resold in their original state (packaging, accessories, manuals), properly sealed and accompanied by a copy of the invoice or purchase order.
Incomplete, broken or damaged products or products for which the original packaging is damaged shall not be reimbursed or exchanged.
Consumers wishing to exercise this right must contact gofluo by e-mail within fourteen working days at email@example.com.
The delivery costs incurred by gofluo in sending your order shall not be reimbursed.
gofluo shall reimburse the amount paid, minus the delivery costs which shall be borne by the consumer, within 30 days of notification of the withdrawal.
12 – Proof of transaction
Records stored in gofluo computer systems under reasonable security conditions shall be considered proof of communication, order and payment between parties.
Purchase orders and invoices shall be archived as proof on reliable/secure data carriers.
13 – Limitation of liability
The colours of products shown on the website are as realistic as possible, but their appearance may vary from screen to screen. gofluo cannot guarantee that colours will exactly match those on the screen; proportions of models on the website may vary from the models in your order.
14 – Force majeure
14.1 gofluo shall do everything possible to ensure that it fulfils its obligations, but shall not be liable for any delay to delivery or failure to deliver as a result of matters beyond its control, including strikes, war, natural or other disasters, that prevent production, transport or delivery of the products.
14.2 In the event of a delay, gofluo shall fulfil its obligations as quickly as possible and reserves the right to allocate the remaining stocks of products among its customers in a fair manner.
15 – Data protection
By placing an order, you agree that gofluo shall collect data via your purchase order and store, process and use this data. Some of this information may be transferred to companies involved in the delivery or payment of your products. By placing your order and by indicating so on your purchase order, you also agree to gofluo transferring this data to other companies whose products are available for sale on the gofluo website of gofluo in order to provide you with information about other products and services that may interest you.
gofluo customers are entitled to access their contact data and to edit, update or delete it at any time by sending an e-mail to firstname.lastname@example.org, attaching a copy of your identity card to the e-mail. We shall then be able to process your request promptly. gofluo shall not retain user data for any longer than is necessary to achieve the objective for which it was collected or as required by the applicable legislation.
16 – Applicable law and competent court
gofluo shall do its best to resolve any dispute amicably. If you are not satisfied with the method of dispute resolution and wish to appeal to the competent courts, the following rules shall apply.
The agreement is governed by Belgian law. Each party agrees to disputes being subject to the jurisdiction of the competent courts of Antwerp (Belgium).