Terms of Service

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: The period within which the consumer can exercise his right of withdrawal.
Consumer: The natural person who is not acting in the course of a profession or business and who enters into a distance selling contract with the entrepreneur.
Day: Calendar day.
Duration transaction: A distance sales agreement concerning a number of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future retrieval and unchanged reproduction of the stored information.
Right of withdrawal: The consumer's option to withdraw from the distance sales contract within the withdrawal period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance sales contract: A contract where, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, one or more techniques of distance communication are used exclusively up to and including the conclusion of the contract.
Distance communication techniques: Means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same room at the same time.
General Terms and Conditions: The current general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Store name: Vivienne Sydney

Company name: Safe Shield Solutions

Address: Pachtstraat 3, 2000 Antwerp, Belgium

KBO number: 0795.539.263

VAT number: BE 0795 539 263

Email: info@vivienne-sydney.com

Phone: +61 480 893 016

Article 3 - Applicability

These general terms and conditions apply to any offer from the entrepreneur and to any distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the preceding paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most advantageous to him.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be immediately replaced by mutual agreement with a provision that approximates the original purpose as closely as possible.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

The offer is not binding. The entrepreneur has the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a correct assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images accompanying products are a true representation of the products offered. The operator cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the time when the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the contract is concluded electronically, the entrepreneur must take appropriate technical and organisational measures to protect the electronic transmission of data and must ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate security measures.

The entrepreneur can, within legal limits, inform himself about whether the consumer can meet his payment obligations, as well as about all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he has the right to reject an order or application or to attach special conditions to the implementation, while giving reasons.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

Visiting address of the trader's business to which the consumer can contact with complaints.
The conditions and manner in which the consumer may exercise his right of withdrawal, or a clear statement of the exclusion of the right of withdrawal.
Information about warranties and existing after-sales service.
The data included in Article 4(3) of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement.
The requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract without giving any reason within 14 days. This withdrawal period starts on the day after the consumer or a representative previously designated by the consumer and notified to the entrepreneur receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer should only unpack the product or use it to the extent necessary to assess whether the consumer wants to keep the product. If the consumer exercises his right of withdrawal, the consumer returns the product with all accessories supplied and, if reasonably possible, in the original condition and packaging in accordance with the reasonable and clear instructions given by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, the consumer is obliged to inform the trader of this within 14 days of receipt of the product by means of a written notification or email. Once notified, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by means of a proof of dispatch.

Article 7 - Costs in the Event of Withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, subject to the condition that the product has already been received back by the entrepreneur or that conclusive evidence of complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal only if clearly stated in the offer before conclusion of the agreement. Exclusion is only possible for products:

Produced in accordance with the consumer's specifications.
Which are clearly of a personal nature.
Which by their nature cannot be returned.
Which can be destroyed or aged quickly.
Whose price is subject to fluctuations in the financial market beyond the entrepreneur's control.
For individual newspapers and magazines.
For audio and video recordings and computer software whose seal has been broken by the consumer.
For hygiene products whose seal has been broken by the consumer.

Article 9 - The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

All prices are subject to printing and pricing errors. No liability is accepted for the consequences of such errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and usability, and the existing legal provisions and government regulations on the date of conclusion of the agreement.

Any defective or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty does not apply if the consumer has repaired or modified the delivered products themselves, if the products have been exposed to abnormal conditions or treated carelessly, or if the deficiency results from government regulations regarding the materials used.

Article 11 - Delivery and Performance

The entrepreneur will ensure the greatest possible care when receiving and fulfilling orders for products. The place of delivery is the address that the consumer has provided to the company.

Accepted orders will be executed with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or cannot be executed, the consumer will be informed no later than 30 days after the order was placed and has the right to terminate the agreement without costs and the right to any compensation.

In the event of dissolution, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days.

Article 12 - Duration Transactions

The consumer may terminate an indefinite contract at any time with a notice period of no more than one month. The consumer may terminate a fixed-term contract at any time towards the end of the fixed-term period with a notice period of no more than one month.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the beginning of the cooling-off period. The consumer has a duty to immediately report inaccuracies in payment information to the entrepreneur.

Article 14 - Complaints Procedure

Complaints about the fulfilment of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the deficiencies. Complaints will be responded to within 14 days of receipt. If a complaint requires longer processing time, the entrepreneur will acknowledge receipt within 14 days and indicate when a more detailed response can be expected.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively subject to Belgian law, even if the consumer is resident abroad.

Article 16 - CESOP