Terms & Conditions
1. Business Information
Company name: Sweatabillity
Sole Trader: Yasmine Van Caeneghem
Registered at : Nieuwpoortsesteenweg 272 (bus 0401), 8400 Oostende (Belgium)
Phone number: 0032(0)474.263.196
VAT number: BE0641.693.107
2. General provisions
2.1 The e-commerce website of Sweatability, a sole trader (Yasmine Van Caeneghem) with its registered office at Nieuwpoortsesteenweg 272 app 0401, 8400 Oostende, Belgium, VAT BE 0641.693.107, provides its customers with the option of buying products from its webshop.
2.2 These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of www.sweatability.com, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by email.
3.1 All prices listed are expressed in EURO and always include VAT.
3.2 Unless otherwise stipulated, our prices do not include transport and delivery to the Customer. Any shipping, reservation or administration fees that are charged are specified separately. We carry the following shipping costs:
- Belgium and the Netherlands: €5 – FREE for orders over €75
- Rest of Europe: €10 – FREE for orders over €100
- Rest of the World: €15 – FREE for orders over €100
3.3 International shipments may be subject to additional import duties in the country of destination, those extra costs are the responsibility of the Customer. Incorrect delivery addresses are the responsibility of the Customer and may result in additional costs.
3.4 The specified price refers solely to the articles as set out in writing. The companying photos are intended as decorative and may contain elements that are not included in the price.
3.5 The client is responsible for providing Sweatability with a correct and up-to-date shipping address. In cases where parcels are automatically returned due to an incorrect address, Sweatability has the right to ask for payment of any extra shipping costs incurred due to address-related faults.
4.1 Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Sweatability. With respect to the accuracy and completeness of the provided information, Sweatability is solely bound to obligation of means. Sweatability is in no way liable in event of obvious material or printing errors.
4.2 If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
4.3 The product selection is valid while stocks last and may at any time be changed or withdrawn by Sweatability. Sweatability cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
5. Online purchases
5.1 Shopping at Sweatability is very easy and straightforward. You need to follow the next steps:
- Select a product (if applicable: choose your size and/or color)
- Add your product to your shopping cart (called the ‘Sweatbag’)
- You can either continue shopping or finish your order
- In the ‘Sweatbag’ you can check your selected products and if necessary, adjust them.
- On this page, you are able to calculate your shipping cost, validate a coupon, etc.
- To finalize your order, click the ‘checkout’ button
- Enter all requested information, required fields are marked with an *.
- Check the box ‘I accept the therms and conditions’
- Click on ‘Place my Order’
- After confirmation and payment of your order with Multisafepay, you will receive an order confirmation by email containing an overview of your purchased products, quantity, price, payment method, delivery address. Also, after wire bank transfer, you will receive this confirmation email.
5.2 Sweatability gives you the opportunity to choose between following payment methods:
- Wire Bank Transfer to account number IBAN:
BE19.7390.2133.4812 ; BIC: KREDBEBB
- VISA, Mastercard, American Express
5.3 Sweatability is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
6. Delivery and execution of the agreement
6.1 Articles ordered via this webshop can be delivered worldwide.
We generally send with the courier service BPost, and this from Monday until Saturday.
Orders placed and payed before 3pm from monday till friday, will be shipped the same day, with the exception of payment with wire bank transfer, which will be shipped after receiving the payment. This may take 1 to 5 working days.
6.2 Estimated delivery times are the following (unless otherwise agreed or determined):
Belgium: the next day*
The Netherlands, France, Germany, Luxembourg: 2- 4 days*
Rest of the European Union: 3 – 5 days*
Rest of the World: 4 – 10 days*
6.3 Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Sweatability.
6.4 The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Sweatability.
7. Retention of title
7.1 Delivered articles remain the exclusive property of Sweatability until the moment the
Customer pays for the goods in full.
7.2 If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Sweatability, e.g. to anyone who would attempt to seize articles that are not fully paid for.
8. Right of withdrawal
8.1 The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons and return the product(s).
8.2 The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.
8.3 Items on sale are exchangeable but non-refundable. If you would like to return an item you bought on sale or with a discount code, you can exchange your item for a different item of the same value, or for a voucher worth the amount of your item. You can use your voucher later on.
8.3 To exercise the right of withdrawal, the Customer must notify Sweatability by email about their decision to withdraw from the agreement (email: email@example.com). After contacting us, we can either provide you with a proper label you can use to return your package at your local postal office (only for domestic returns) or you can return your package without 'track and trace'. Please note, arrival of your package at our office is your responsibility and additional shipping costs for return are not refunded.
8.4 In any event, the Customer has no later than 14 calendar days from the day that they notify Sweatability of their decision to withdraw from the agreement to send back or hand over the goods to Sweatability (Nieuwpoortsesteenweg 272 (bus 0401), 8400 Oostende, Belgium). The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
The returned items must be in undamaged and unused condition, with the original product label attached. Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
8.5 If the returned product is reduced in value in any way, Sweatability is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
8.6 The refund will be processed as soon as the items have been received by Sweatability, however, please allow 14 days from the day you return the product for your account to be credited. Please note, we will not refund the additional cost for your refund.
Any additional costs resulting from the Customer choosing another form of delivery other than by the delivery offered by Sweatability will not be refunded.
8.7 Sweatability shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment. Shipping costs are not refundable.
8.8 The Customer may not exercise the right of withdrawal in the following cases:
- Sealed goods where the seal has been broken after delivery (e.g. nutritional supplements)
- Damaged and used products
- Products with make-up marks
- If not all tags remain attached
9.1 We want to offer the Customer the best possible service and quality. Therefore, we guarantee the quality of our products and you can directly contact us if your are dissatisfied with your purchase.
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
9.2 To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
9.3 For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Sweatability customer service and to return the product at their own expense to Sweatability.
9.4 Upon detection of a deficiency, the Customer must inform Sweatability as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
9.5 The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
9.6 Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
10. Customer service
The Sweatability customer service can be reached at phone number 032(0)474.263.196, via e-mail at firstname.lastname@example.org or by mail at the following address: Nieuwpoortsesteenweg 272 (bus 0401), 8400 Oostende, Belgium. Any complaints can be made through the aforementioned customer services contact methods. All complaints and questions will be answered as soon as possible.
11. Penalties for non-payment
11.1 Without prejudice to the exercise of any other rights that Sweatability is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice.
Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
11.2 Without prejudice to the foregoing, Sweatability is entitled to take back the unpaid or
incompletely paid for articles.
12. Invalidation - non-relinquishment
12.1 If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
12.2 Failure at any time by Sweatability to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
13. Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Sweatability. In case of inconsistencies, the present Terms take precedence.
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
15. Applicable law - jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Sweatability district have jurisdiction in the case of any disputes.