General terms and conditions for consumers
Article 1 – Definitions
Company: the private limited company (besloten vennootschap) under Belgian law BV Fortry The Label, with registered office at Beeklaan 1, 8530 Harelbeke, (Belgium), with VAT number BE 0784.856.890, with email address sales@fortrythelabel.com (hereinafter referred to as Fortry).
Customer: is any consumer (non-merchant) who purchases products from Fortry.
Agreement: the Agreement concluded remotely between Fortry and the Customer, of which these general terms and conditions form an integral part.
Article 2 – Scope
2.1 These general terms and conditions apply to every offer from Fortry and to every Agreement between Fortry and the Customer.
2.2 These general terms and conditions are notified to the Customer before entering into the Agreement, who can view them on our website before entering into the Agreement. These general terms and conditions can be downloaded and saved via the website. Whenever a Customer so requests, we will also send a digital (by mail) or printed copy (by post) of these general terms and conditions to the Customer free of charge.
2.3 In the case of electronic purchases/online orders via the website, the Customer will have to open (and be able to print) the general terms and conditions and accept them, by checking the box with which he/she declares to have taken note of the general terms and conditions and to accept them, (tick box) before completing the purchase.
2.4 The Customer expressly declares that he/she was informed of these general terms and conditions and their implications before entering into the Agreement and that he/she has accepted all the stipulations thereof, unless expressly agreed otherwise in writing. This acceptance also implies that the Customer completely renounces the application of its own general terms and conditions.
2.5 Fortry The Label is only active on European territory. An order can only be accepted if the delivery address is located in Europe.
Article 3 – Products – Offer
3.1 All products listed on our website have a complete and accurate description. The description of the products is sufficiently detailed so that the Customer can properly assess the products on the basis of this description. The images used are a true representation of the products. Obvious errors or mistakes do not bind us.
3.2 If an offer has a limited period of validity or is offered under specific conditions, this will be explicitly stated in the offer.
3.3 Each offer contains sufficient information such that the rights and obligations involved in accepting the offer are clear to the Customer.
Article 4 – Conclusion of agreement (remotely)
4.1 The remote agreement is concluded after the Customer has accepted Fortry’s offer and the Customer has met the terms and conditions set out in the offer.
4.2 If the offer has been accepted by the Customer electronically, Fortry will confirm receipt and acceptance of the offer as soon as possible. As long as the offer has not been accepted by Fortry, the Customer can cancel the order/terminate the agreement
4.3 If the Agreement is formed electronically, we will take appropriate technical and organisational measures to protect the electronic transfer of data, and we will ensure a secure web environment. If the Customer can pay electronically, the Company will take the appropriate security measures to make this possible.
Article 5 – Price & payments
5.1 The sales prices (euro) stated for the article include VAT and exclude shipping costs, unless stated otherwise.
5.2 The shipping price will be charged when placing the order. This depends on the type of product, total number of products purchased and shipping method chosen by the buyer.
5.3 The possible payment methods are shown on the website. You will receive a confirmation email when we have received your order.
5.4 The articles remain our property until full payment of the purchase price and, if applicable, the shipping costs.
Article 6 – Return – Right to cancel
6.1 The Customer who purchases via our website has the right to cancel within 15 days. This period starts on the day after receipt of the ordered product.
6.2 This right to cancel must be exercised via an unambiguous statement to that effect or via the form included as Appendix 2 to Book VI Belgian Code of Economic Law; or available at https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/vorm-voor-herroeping.pdf.
6.3 Items will only be taken back if they are returned in their original condition and packaging. The costs for returning items are for the buyer.
6.4 If you cancel the agreement, you will receive all payments that you have made at that time back from us within 14 days of the day on which you informed us of the decision to cancel the agreement.
6.5 We may wait with the actual refund until we have received the goods back from you.
6.6 We will refund you via the same payment method with which you made the original transaction, in accordance with Article 4, unless you have expressly agreed otherwise; in any case, no fees will be charged for this refund.
6.7 You must return or hand over the goods to us, BV Fortry The Label, Beeklaan 1, 8530 Harelbeke (Belgium). We recommend that you use the return ticket enclosed with your order; You are on time if you return the goods before the 14-day period has expired.
6.8 You must pay the costs of the return yourself.
Article 7 – Delivery
7.1 The products listed on the confirmation email will be delivered.
7.2 Fortry can in no way be held liable for errors made by the Customer with regard to the delivery or billing address, and for any late deliveries.
7.3 If a product is in stock, it will be delivered to your delivery address within 3-5 working days. Standard deliveries on Belgian public holidays take an extra working day. This is indicative and is therefore not binding.
7.4 If a product is not in stock, the buyer will be informed by email. The buyer may cancel this order if they do not agree with the delivery time. The cancelled goods will be refunded in the same manner as the payment was made.
7.5 In the event of force majeure, by way of exception, our commitment to deliver your order is suspended. By case of force majeure is also understood: the late or incorrect delivery of the stock by our suppliers, if the late delivery by our suppliers is not attributable to us.
7.6 If items are out of stock, we will promptly refund any payment you have made. We cannot be forced to purchase the ordered items elsewhere. Any liability for unavailable items will in any event be limited to the amount paid by you for the unavailable items, which we will promptly refund to you.
7.7 We deliver in Europe. When time periods are expressed in working days, working days mean all days from Monday to Friday, excluding Belgian public holidays
Article 8 – Intellectual property
All content on our website (logos, photos, text,…) is the property of Fortry and may not be reproduced under any circumstances.
Article 9 – Customer service
Fortry can always be reached by email at support@fortrythelabel.com or by post to the following address: Beeklaan 1, 8530 Harelbeke (Belgium),
Article 10 – Privacy policy
The processing of personal data in relation to our services is subject to our privacy policy. You can always request a copy of our privacy policy via our website www.fortrythelabel.com or by post to Beeklaan 1, 8530 Harelbeke, Belgium.
To the extent that personal data are processed via the Services, or in any other way in execution of the agreement(s) with the Customer, within the meaning of Article 4 of Regulation (EU) 2016/679 (hereinafter: “GDPR”) which has replaced the Privacy Act since 25 May 2018, these data will be processed in accordance with the provisions of the aforementioned privacy regulations
Article 11 – Applicable law and disputes
The Agreement between Fortry and the Customer as well as these general terms and conditions are exclusively governed by Belgian law, even if a party involved in the Agreement is established outside Belgium.
If the parties have a dispute as a result of the Agreement and/or general terms and conditions, the first aim is to reach an amicable solution.
All disputes between parties regarding the agreements concluded between them and/or these general terms and conditions fall exclusively within the competence of the enterprise court of Ghent, Kortrijk division.