Terms of use

The e-commerce site www.wearable-stories.com (the “Site”) is a Site where WEARABLE STORIES BV, with its registered offices at Ballaarstraat 69-71, 2018 Antwerp, Belgium, and company registration no. BE 0658.925.849 (referred to hereinafter as Wearable Stories), sells clothing and accessories under the “Wearable Stories” or “Exhale” brand (the “Products”).

Internet users wishing to buy the Products are referred to as the “Customer” in these Terms of Use. Wearable Stories and Customer hereinafter also individually referred to as a “Party” or together as the “Parties”.

The Customers can contact the Customer Service via the contact form available in the ‘Contact’ section of the Sites or via the e-mail address nicetomeetyou@wearable-stories.com, if they experience any problems with the Sites or their order.
The contract for sale may be concluded in Dutch, French or English, upon Customer’s preference.

ARTICLE 1 — SCOPE OF APPLICATION

The present Terms of Use govern the rights and obligations of the Parties arising out of the online sales of Products offered on the Sites belonging to Wearable Stories. Wearable Stories provides all its services from Belgium, and the contract between the Parties will be deemed to be performed in Belgium, dispatching to different countries.

These Terms of Use apply to all Products sold on the Site, and prevail over any and all other terms and conditions of Wearable Stories or the Customer. They may only be amended in writing.

ARTICLE 2 — CAPACITY IN LAW AND ACCEPTANCE

Anyone wishing to buy the Products from Wearable Stories on the Site must have the legal capacity or otherwise purchase the Products through their lawful representatives.

The Customer accepts these Terms of Use expressly through the ordering process by clicking on a tick or putting a cross against the words “I accept the Terms of Use”.

The Customer can print these Terms of Use.

ARTICLE 3 — PRODUCTS

The Products offered for sale on the Site are those that appear on the Site at the moment at which the Customer visits the Site and which are indicated as being sold by Wearable Stories.

Products are offered for sale within the limits of available stocks and only for the purchase of customary amount for private use.

Should one or more Products of an order not be available, Wearable Stories will inform the Customer via e-mail or in writing thereof. In such case, the Customer will be promptly reimbursed, in the same means of payment as the Customer used for the original transaction. The promptness of the refund can vary depending on the type of payment chosen by the Customer. Should the Customer find the refund is taking an abnormal length of time, she/he shall contact his/her bank.

Wearable Stories will in any case make the refund within 30 days.

All Products offered for sale on the Sites are described in good faith and conscientiously and as accurately as is possible. The pictures on the Site accompanying the Products are as truthful as possible, but cannot ensure perfect similarity with any given Product. Wearable Stories cannot accept any liability for any minor errors or differences which may appear in the descriptions or pictures of the Products, including slight variations in colours and dimensions.

ARTICLE 4 — PRICES

The applicable prices are the ones shown on the Site at the moment the Customer places the order.

Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs.

Product and service prices do not include transport costs which will be charged separately, on top of the purchase price, as specified on the respective Sites. Any discount to which the Customer is entitled will be deducted from the price separately.

Wearable Stories reserves the right to modify the selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the confirmatory e-mail, which are the prices that applied at the time of purchase.

The Customer will receive a confirmation of the order, as well as the corresponding invoice, on an electronic and durable medium.

Products will remain Wearable Stories' property until the respective Customer pays for the Product in full, i.e. until she/he pays the purchase price and all costs in full.

In case of manifest error in the indication on the Site of the price of any Product that the Customer has ordered, Wearable Stories will inform the Customer thereof as soon as possible and give the Customer the possibility to replace an order at the correct price. In any case Wearable Stories will cancel the initial order and refund the Customer for this order.

ARTICLE 5 — PAYMENT

Purchases can only be paid for online, by Visa, MasterCard, American Express, Carte Bleue, Maestro, Bancontact/Mister Cash, and PayPal, ApplePay and via direct banking. The Customer's bank account will be debited once the Customer proceeds to the payment, and payment will not take effect until such time as the Customer's bank has given its consent to Wearable Stories. Should the Customer's bank refuse payment, the agreement will not be concluded between the Customer and Wearable Stories. As soon as the Customer’s financial institution accepts the payment, the agreement is concluded between the Customer and Wearable Stories.

The Customer warrants that she/he is authorised to make payments by one of the payment methods stated above. It warrants as well that there are sufficient funds in the respective bank account linked to the credit card to cover all the costs arising out of the transaction.

Wearable Stories reserves the right to refuse to fulfil at any time an order with a Customer with whom it is in dispute or who has brought a dispute in the past, or who has not paid for a previous order, wholly or in part.

ARTICLE 6 — ORDERING

To place an order, the Customer goes to the Product of his/her choice, chooses the colour and size he/she wishes to receive and then clicks on ‘Add to shopping bag’. The said Products will be added to its shopping bag.

The Customer may freely modify the order as long as the Products are in the shopping bag. The price of the Products will be automatically displayed in the shopping bag.

Once the Customer has finished making its selection and wishes to validate the content of its shopping bag and confirm its order, the Customer must identify itself. Existing Customers identify themselves by logging in, new Customers must fill in the necessary fields to create a Customer account.

The Customer must also select a delivery and payment method and will enter its billing and delivery address.

Before proceeding to payment, and placing the order, the Customer must accept both the Privacy Policy and Terms of Use, by ticking the box provided.

Then the total amount of the order to -be paid, plus the transportation costs, will be clearly stated.

The Customer will be redirected to a trusted payment provider Mollie, which will securely process the payment.

Once the payment process is completed, the Customer will see an order confirmation page and will receive in parallel a confirmation email sent to the provided email address. All contractual details of the order will be communicated to the Customer in the language the Customer chose when she/he registered at the time she/he confirmed their order.

At that point, the order can no longer be modified by the Customer.

The Customer can choose to print the order confirmation page.

The Customer will receive an e-mail from our logistic partner when his/her order is dispatched.

Data registered in Wearable Stories's IT systems, those of its hosting partners or Internet payment partners shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.

ARTICLE 7 — DELIVERY

The Products will be delivered to the delivery address as stated by the Customer during the ordering process, and following the procedures of the local logistic partner.

For delivery times the Customer can consult the shipping information here. The Products ordered by the Customer can only be delivered to addresses within the European Union, with the exception of Malta and the Channel Islands.

Wearable Stories reserves the right to split orders into one or more deliveries as Products are available. Each delivery will be notified by e-mail. Deliveries will be accompanied by a delivery note which also gives details of the Products delivered.

Should a delivery go missing during the delivery process, and the provisions of this article are complied with, Wearable Stories will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs.

The risks of loss and/or damage pass to the Customer on delivery to the delivery address mentioned during the ordering process or any other delivery preferences specified by the Customer.

ARTICLE 8 — RIGHT TO RETURN (REVOCATION)

The Customer has fourteen (14) days from the day of receipt of the Products ordered to exercise its right of return, without the need to provide any reason.

The Customer will inform Wearable Stories of its decision to revoke by sending a clear, unambiguous declaration to Customer Service, Ballaarstraat 69-71, 2018 Antwerpen, Belgium or by E-mail: nicetomeetyou@wearable-stories.com. The Customer is encouraged to use the return procedure set out on the Site, but this is, however, not mandatory.
The Customer shall return the Products to Wearable Stories immediately and in any case, at the latest fourteen (14) days after having communicated the decision to revoke. The Customer must return the Products in a new and unused condition, with all the original labels on, and at his own expense. In certain countries, Wearable Stories may provide return label for free returns. If this is not the case, the Customer will bear the responsibility for the Products (including any damage or loss) until it reaches Wearable Stories.

In case the aforementioned conditions are fulfilled and Wearable Stories has received the Products, Wearable Stories will refund the Customer the full sum of the order, including the purchase price and transportation costs (other than additional charges arising from the Customer’s choice of a different method of delivery than the least expensive type of standard delivery offered by Wearable Stories).

The full purchase price excluding the standard transportation costs will be refunded within 21 days of Wearable Stories receiving the returned Products in good time, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Customer actually paid.

For this refund Wearable Stories will use the same means of payment as the Customer used for the original transaction unless expressly agreed otherwise and in no event will the Customer be charged for this refund less the sales vouchers or discounts used to pay for the order. The Customer will be refunded in accordance with the procedures agreed with the bank which issued the card.

The Customer shall be liable for any loss in value of the Products if such loss in value is due to having used the Products to an extent more than necessary to establish the nature, characteristics and the functioning of the Products.

Returns can only be accepted in the way described above, and returns to our physical stores will not be accepted. Returns must be sent to the address below:

Wearable Stories BV
Ballaarstraat 69-71
2018 Antwerp
Belgium

ARTICLE 9 — GIFT CARDS

Gift cards are sold both online on the Sites and in the Wearable Stories Store.

Gift cards by e-mail are only sold on the Site and delivered in an electronic form, to the specified email address. The Customer can also buy a physical gift card that will be sent by post to the designated address, free of charge.

The following additional terms and conditions apply to gift cards:

• Gift cards can be redeemed in the Wearable Stories store and online;
• Gift cards remain valid indefinitely;
• Gift cards can be redeemed in part or in its entirety. If the Customer does not use the full amount at once, it will receive a new gift card for the remaining amount;
• The Customer can freely determine the value of the gift card it will be buying, as long as the amount is between €20 and €250;

Without prejudice to the Customer’s right of revocation mentioned under article 8, gift cards as well as the Product purchased through a gift card may not be exchanged for cash or any other payment, not even partially.

The code on the gift card can be used in the online order process on the Site. After reviewing and confirming the order, the Customer shall enter the code printed on the gift card, the date of issue and the amount in the ‘gift cards’ field in the shopping cart during the check-out process. Value amounts used for purchases are deducted from the gift card balance.

If the total order is less than the value of the gift card, the Customer will receive a new gift card with the remaining balance.

If the total order exceeds the value of the gift card, the remaining balance must be paid through one of the available payment methods on the Sites.

Gift cards by e-mail will be e-mailed to the recipient after processing the order once the payment has been confirmed. Wearable Stories is not liable for the delivery of a gift card by e-mail to a non-existent or wrong e-mail address. It is the sole responsibility of the Customer that the input of information (such as the e-mail address of the recipient) is correct and double-checked.

Wearable Stories is not responsible if a gift card is stolen, resold, destroyed, lost or used without the Customer’s permission.

ARTICLE 10 — STATUTORY WARRANTY

In case of faulty or non-conforming goods, the Customer can contact Customer Service via the contact form which can be found under the ‘Contact’ option, or via the e-mail address nicetomeetyou@wearable-stories.com.
The Customer shall be entitled to the two-year legal guarantee of conformity for goods, as described below.

From the moment Wearable Stories receives the defective Product, Wearable Stories will at the Customer's choice either repair the defect or replace the Product with a Product free of defects (so-called supplementary performance). Before asserting other warranty claims, Wearable Stories shall be given reasonable opportunity and time to perform such supplementary performance. Wearable Stories can refuse the type of supplementary performance chosen by the Customer if it is only possible with disproportionate costs.

If the supplementary performance fails, the Customer can obtain a reduction of the price according to statutory provisions or a termination of the contract at his/her choice.

The right to terminate is excluded if the delivered Products deviate only insignificantly from the agreed quality or if the contractual or normal use of the Products is only insignificantly impaired.

Customers must contact Customer Service should they wish to invoke this guarantee immediately, and notify Wearable Stories of the non-compliance via Customer Service in writing in any case within two months of discovering the defect.

Under no circumstances does the guarantee apply to Products which are damaged intentionally or by the Customer's negligence, nor does it apply if the damage is due to sleet, transport or incorrect use.

Customers can contact Customer Service if they have any queries regarding the above.

ARTICLE 11 — SALES FOR PRIVATE PURPOSES

Providing the guarantee under article 10 and customer support is important to Wearable Stories.

Therefore, all acts that may negatively affect Customer service are forbidden, including i.e. relabelling the Products, exporting them outside the European Union for commercial purposes.

The sale of Products is for private purposes only, and exclusively reserved to private individuals.

In no case may the Sites be used by professional Customers, regardless of the method of the marketing of the Products. The Products are offered for sale only for the purchase of usual amounts placed by average customers.

Wearable Stories reserves the right to suspend or even refuse to fulfil an order with a Customer if there is a prima facie indication that the order is placed by a professional Customer. The costs incurred by Wearable Stories for the verification of compliance of prohibition of export for commercial purposes outside of the European Union will be borne by the Customer in case of infringement.

ARTICLE 12 — INTELLECTUAL PROPERTY RIGHTS

For the purpose of this provision, “Intellectual Property Rights” means the Brands, and all rights in and to copyrights, trademarks, design, know-how and registered domain names, including, but not limited to the domain name “wearable stories” or “WS” or “exhale” or any translation and/or representation thereof or any related words, as well as all texts, databases containing data published on the Sites, the layout, look and feel, and graphic design of the Sites, the sales catalogue, photos, images, videos and music on the Sites which are subject to protection under copyrights, database rights, trademark rights, patent rights or any other form of intellectual property right.

The Customer is aware of the existence of these Intellectual Property Rights and commits to respect at all times such Intellectual Property Rights.

Wearable Stories is and remains at all times the exclusive owner of such Intellectual property Rights.

The Customer can therefore not copy, publish, imitate, exploit or use Wearable Stories’ Intellectual Property Rights in any other way in any form whatsoever without Wearable Stories' prior written consent. Such consent must be obtained in writing, unless Wearable Stories has granted a right to share certain aspects of the Intellectual Property rights via social networks. In such case the grant of rights is limited to the specific elements of the Intellectual Property Rights identified by Wearable Stories, to ways of use and social networks for which Wearable Stories has made it possible to share them; in any case such grant of right is unexclusive only.

ARTICLE 13 — LIABILITY

To the extent legally permitted, Wearable Stories cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the Sites or of their being unavailable. It cannot be held liable for any damage to the Customer's systems incurred through visiting the Sites including being hacked or computer viruses.

Wearable Stories cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.

ARTICLE 14 — GOVERNING LAW AND JURISDICTION

Should any disputes arise between the Parties concerning the purchase of Products under these Terms of Use, the courts of the judicial district of Antwerp, Belgium will have exclusive jurisdiction to hear the case.

These Terms of Use and any claim or dispute related thereto are exclusively governed by Belgian law.

ARTICLE 15 — CONTACT AND COMPLAINTS

Should they have any queries or complaints concerning their purchases, Customers can contact Wearable Stories by filling out the contact form available in the ‘Contact’ section of the Sites. Alternatively, the Customer can reach Customer Service directly at “nicetomeetyou@wearable-stories.com”. Wearable Stories will revise the queries or complaints on working days from 9 a.m. to 5 p.m. and will make every effort to answer all questions within 48 hours.

ARTICLE 16 — MISCELLANEOUS

Wearable Stories may vary the present Terms of Use at any time, including to comply with its statutory obligations. Changes notified via the Website will apply to all subsequent offers and orders.

Wearable Stories reserves the right to vary the design and content of its website at any time.

If Customers wish to have their account deleted, they can request so by contacting Customer Service at nicetomeetyou@wearable-stories.com, according to the Privacy Policy. Customers can also find out more about Wearable Stories' privacy policy here.

If one or more article(s) or paragraph(s) of the present Terms of Use are or become invalid or unenforceable in whole or in part this shall not affect the validity and enforceable