Conditions

Article 1. Scope

1.1
Unless explicitly stated otherwise in writing by Aymara bvba, these terms shall apply to all sales contracts effected between Aymara bvba, established at 2880 Bornem (Belgium), Brandheide 46, with company number 0464.460.348 (hereinafter: “Aymara”) and the customer via it's website www.aymara.be, as well as to all offers made by Aymara by way of its website.

1.2
Unless confirmed in writing by Aymara, these terms shall have precedence over any purchase conditions of the customer, even if not explicitly rejected by Aymara.

Article 2. Conclusion of sales contracts

The offers and prices stated on the Aymara website are in euro and inclusive of VAT. They are only for information and are not binding on Aymara.

Orders shall only be binding on Aymara and a sales contract shall only have effect when the Customer has received an email from Aymara confirming his/her order.

Any sales contract shall be considered to be concluded, after acceptance, at the address of the statutory seat of Aymara. Any deviation from this must be expressly accepted by Aymara in writing.

Aymara has the right to cancel the sales contract without cost within a term of 3 (three) working days after the conclusion of the sales contract pursuant to article 2.2. The cancellation must not be motivated. All sums paid by the customer shall be reimbursed immediately following said cancellation.

Article 3. Legal capacity and status

3.1 
By placing an order the customer guarantees that he/she is of age and fully legally competent to enter into the sales contract referred to in article 1.1.

3.2 
Purchases via the website referred to in article 1.1 are only open to consumers. The customer declares to be a natural person and, on concluding the sales contract referred to in article 1, to act in the capacity as consumer, non-trader.

Article 4. Abuse of law, bad faith

4.1
In the case of a reasoned suspicion of Aymara of abuse of law or bad faith on the part of the customer, Aymara has the right to cancel the contract at the expense of the customer, without prejudice to the right of Aymara to claim damages for the loss suffered as a result of the abuse of law or bad faith.

4.2
Aymara is also entitled in the event of a reasoned suspicion of abuse of law or bad faith on the part of the Customer to close the account of the customer in which case the customer shall no longer be able to place orders via the website.

Article 5. Delivery, transport costs and risk transfer

5.1
The ordered goods shall be delivered by Aymara at the delivery address mentioned by the customer.

5.2
The costs of transport of the goods shall be borne by the customer, in accordance with the price mentionned at the moment of offering. The cost of goods sent back because of complaints, shall be initially paid by the customer and shall be reimbursed in case the complaint is justified.

5.3
The transport of the ordered goods will be insured by Aymara.

5.4
The delivery time stated is only indicative and can only be binding on Aymara to the extent that it aims to approach the expected time of arrival as closely as possible. In no case shall the delivery time constitute an essential part of the concluded contracts. The expiry of the agreed delivery time, to the extent that it is not due to bad faith or major error by Aymara, does not constitute the right to refusal or cancellation of the order or damages.

5.5
Under no circumstances is Aymara obliged to deliver goods when payment referred to in article 6.1 has not yet been received.

Article 6. Payment

6.1
Payment should take place using one of the payment methods offered on the website. The customer declares to only use payment cards or credit cards he/she is entitled to use and that there are sufficient funds for the payment to be made. Payment by way of transfer is only possible where this has been agreed expressly and in writing between the parties.

6.2
In the event of late payment, without notice of default being required, a default interest is payable of 12% per year from the expiry date.

6.3
Moreover, in the event of late payment, without notice of default being required, damages shall be payable of 10% of the invoice amount with a minimum of 25 Euros.

Article 7. Right of withdrawal

7.1
The Customer has the right to withdraw from this contract within 14 days without giving any reason and without a penalty being due. The withdrawal period will expire after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods. To exercise the right of withdrawal, the Customer must inform Aymara, established at 2880 Bornem (Belgium), Brandheide 46 by post, fax: +32 3 827 03 07or e-mail: order@aymara.be of his decision to withdraw from this contract by an unequivocal statement. The Customer may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for the Customer to send his communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

7.2
The Customer shall send back the goods in the original packaging or hand them over to Aymara, established at 2880 Bornem (Belgium), Brandheide 46 without undue delay and in any event not later than 14 days from the day on which the Customer communicated the withdrawal from the contract Aymara. The deadline is met if the Customer has sent back the goods before the period of 14 days has been expired.

7.3
The Customer will have to bear the direct cost of returning the goods.

7.4
Withdrawal shall only be accepted if the goods are returned unsoiled and undamaged and have not been worn.

7.5
If the Customer withdraw from this contract, Aymara shall reimburse the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by Aymara), without undue delay and in any event not later than 14 days from the day on which Aymara was informed about the decision of the Customer to withdraw from this contract. Aymara will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless it has been expressly agreed otherwise. In any event, the Customer will not incur any fees as a result of such reimbursement. Notwithstanding the aforesaid, Aymara may withhold reimbursement until it received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.

Article 8. Complaints

8.1
Complaints in respect of visible faults must be notified to Aymara by the customer within 48 hours after taking receipt of the goods, by way of registered letter, by fax via number +32 3 827 03 07 or by email to order@aymara.be

8.2
Complaints in respect of hidden faults must be immediately notified Aymara by the customer within a period of 8 days after discovery, by way of registered letter, by fax via +32 3 827 03 07 or by email to order@aymara.be

8.3
Complaints reported outside of the terms referred to in article 8.1 and 8.2 shall under no circumstances result in any liability on the part of Aymara.

8.4
Article 8.1, 8.2 and 8.3 apply notwithstanding the possibility of the customer – Consumer according to article 1649quater of the Belgian Civil Code to invoke the guarantee in case of nonconformity of the goods for faults that existed at the moment of delivery and were discovered within a period of 2 years after delivery.

Article 9. Protection of personal data

9.1
The personal data supplied by the customer in the context of his/her purchase shall be processed in accordance with the Privacy Protection Act of 8 December 1992 in respect of the processing of personal data.

9.2
Aymara undertakes to use the obtained personal data solely with a view to fulfilling its obligations towards the customer in the context of the sales contract referred to in article 1, as well as to keep the customer informed of offers and promotions of Aymara, and shall use these data each time in accordance with the confidentiality required for such data.

9.3
The personal data of the Customer shall be held by Aymara for a period of 3 years following the last purchase by the Customer. After this date the personal data shall be destroyed. If the Customer wishes to place a new order via the website after the 3-year period referred to above, a new account shall have to be created if appropriate.

Article 10. Intellectual property

10.1
The Customer declares to have been informed that the content of the Aymara websiteis protected by various intellectual property rights. Subject to express written permission by Aymara the reproduction of the whole or part of the content of the website is prohibited.

10.2
Notwithstanding article 10.1, the Customer is entitled to print a copy for personal use of the pages that are relevant in respect of his/her purchase.

Article 11. Liability

11.1
Aymara shall not accept any liability for damage to software of the customer or loss of data by the customer that may be related to the use of the on-line web shop, nor for any fact resulting from such loss such as, without limitation, financial or commercial losses, increase of expenses, disruption of planning or payments claimed by third parties.

11.2
Aymara shall accept no liability for the accuracy of the information available in the on-line web shop.

11.3
Aymara aims to ensure maximum availability of the web shop, without, however, guaranteeing its availability in any way. Under no circumstances may Aymara be held liable for the web shop not being available.

11.4
In any event, the liability of Aymara in respect of the sales contract and the use of the web shop is limited to the amount of the purchase made.

Article 12. Furnishing of proof

12.1
The parties mutually agree that they may supply proof of the conclusion of their contracts and the modalities thereof as well as the fulfilment and termination thereof by way of electronic data, including the log-in data of the website and electronic messages.

Article 13. Applicable law and jurisdiction

13.1
The sales agreement between the Customer and Aymara shall be governed by Belgian law.

13.2
In the event of a dispute only the courts of Antwerp, division Mechelen or the courts of the place where the defendant has his residence have jurisdiction, at the choice of the claimant. To the extent that a dispute comes under the material jurisdiction of the Justice of the Peace, only the Justice of the Peace of Willebroek or the courts of the place where the defendant has his residence shall have jurisdiction. 

Privacy

Protection of personal data: privacy statement

The personal data supplied by the customer in the context of his/her purchase or use of this website shall be processed in accordance with the Belgian Privacy Protection Act of 8 December 1992 in respect of the processing of personal data.

Aymara undertakes to use the obtained personal data solely with a view to fulfilling its obligations towards the customer in the context of the sales contract referred to in article 1, as well as to keep the customer informed of offers and promotions of Aymara, and shall use these data each time in accordance with the confidentiality required for such data.

The personal data of the Customer shall be held by Aymara for a period of 3 years following the last purchase by the Customer. After this date the personal data shall be destroyed. If the Customer wishes to place a new order via the website after the 3-year period referred to above, a new account shall have to be created if appropriate.

The customer has the right to enquire whether personal data is stored by Aymara and, is so, if such personal data is correct. This right to enquiry and correction can be exercised by sending a message to Aymara by e-mail at info@aymara.be or by (registered) mail sent at Aymara, Brandheide 46, 2880 Bornem (Belgium). The latter acts as the party responsible for the processing of the personal data. Aymara takes the reasonable and current technical and organisational precautions and safety measures to prevent the personal data from being disclosed otherwise than in accordance with this privacy policy.