Last Update: May 16, 2018
Before placing an order, please read over these general terms and conditions of sale. If you are under 18 years of age, you must have the express permission of a parent or legal guardian in order to place an order and/or to make payment for an order.
The retail website www.wistitee.com (hereinafter referred to as the “Website”) is an e-commerce website accessible by Internet, open to any user of the Web (hereinafter referred to as the “Web User”). It is published by SPRL Banana Kingdom (hereinafter referred to as the “Company”), a private limited liability company (S.P.R.L., or Société privée à responsabilité limitée), with registered offices at Chemin Rive Droite du Canal du Centre 61, 7000 Mons, Belgium, registered with the Crossroads Bank for Enterprises (BCE/KBO), under reference number BE-0567625687, electronic mail address: [email protected]
The Website provides a platform for the Company to sell products under the trade name Wistitee (hereinafter referred to as the “Products”) to Web Users accessing the Website (hereinafter referred to as the “Users”). For the purposes of these terms and conditions, let it be understood that the User and the Company will collectively be referred to as the “Parties”, and each individually as a “Party”, and that the User, having placed an order, is then referred to as the “Buyer”. The rights and obligations of the User extend necessarily to the Buyer.
A User who wishes to make a purchase on the Website acknowledges having full legal capacity. If, however, any person considered disabled in the sense of Article 1123 and seq. of the Civil Code cannot viably make a purchase on the Website but wishes to attain the status of Buyer, that person can still be a User of the Website. In such a case, consulting the Website and the services it offers fall, then, under the responsibility of his or her legal guardian. The legal guardian is required to uphold the provisions herein. Whatever the situation, when transmitting personal data, the legal guardian is required to either personally fill out the registration form, or expressly authorize the person s/he represents to fill out the said form. The provisions with respect to personal data, as laid down in Article 8 below, do, of course, still apply.
Orders are filled subject to the Company’s right to refuse them. In particular, the Company can decide not to fill a customer’s order in the case of a pricing error, if s/he failed to settle an earlier sale, or if returns or lost orders occur too frequently in the Company’s judgment. The Company also reserves the right to refuse any User access to the Website at any moment and without having to provide any justification whatsoever.
Every order of a Product available on the Website implies that the User has consulted and expressly accepted the terms and conditions of sale disclosed herein, and this acceptance does not require the User’s handwritten signature. In accordance with the provisions of the law dated July 9, 2001, which establishes certain rules with respect to the legal framework on the topic of electronic signatures and certification services, it should be noted that the validation of an order, as specified by Article 3.3 below, constitutes an electronic signature that has, between the Parties, the same legal validity as a handwritten signature, and serves as proof that the order is valid and that the sums incurred upon placing said order are due and payable.
Finally, it should be noted that the User if free to save or print out these terms and conditions of sale, provided they are not altered.
Article 1. Purpose
These general terms and conditions of sale are intended to define, solely insofar as relationships established over the Internet are concerned, the rights and obligations of the Parties born of the online sale of products offered on the Website.
Sales can be concluded in one of the languages used on the Website.
Article 2. Products and pricing
The Products offered for sale by the Company are those found on the Website on the day that the User consults the Website, while supplies last and/or within a set amount of time, if the sale of the Product is conducted during a limited period of time.
Pictures and printed text illustrating the Products are not contractual. If these pictures and/or textual material contain errors, the Company cannot be held liable on that basis.
Prices are displayed in euros, U.S. dollars, and British pounds. They include prospective discounts as well as the VAT applicable on the day the order is placed.
Prices do not include shipping and handling charges, as discussed in Article 2.3 below. They will be added to the subtotal before final validation of the order. The invoice addressed to the User when the package is shipped will therefore include the price of the product, as well as shipping and handling charges for the order.
Prices are guaranteed on the date that the order is confirmed, with the exception of any changes in charges, in particular of the VAT, and with the exception of error or omission that might have occurred before or on the delivery date.
Promotions that might be available in the form of discount coupons are valid only once, are good for only one order per household, and for a given period of validity.
The Company reserves the right, which the User hereby accepts, to modify prices at any time, but the Products will be invoiced on the basis of rates in force at the moment the order is placed.
Prices displayed on the Website are subject to change for several reasons. These include introductory pricing, diverse promotions, specials and sales.
2.3. Shipping charges that are the responsibility of the Customer
Shipping charges that the Customer is responsible for are calculated as a function of the contents of the package (number and type of articles) and the place of final delivery.
The Customer is apprised of these charges before the order is finalized.
When consulting the contents of the shopping cart, the amount displayed is for illustrative purposes only; this is because shipping costs vary as a function of the information provided when the order is being finalized (the place of final delivery).
Shipping charges can be found on the Website under the section of the “Frequently Asked Questions” (FAQ) page dealing specifically with the subject.
Article 3. Placing and confirming an order
3.1. Browsing the Website
The User can find out about the different Products the Company is offering for sale on the Company’s Website.
The User can freely browse the Website’s different pages, without being under any obligation to place an order.
3.2. Placing an order
If the User wishes to place an order, s/he first selects the different Products of interest, and then expresses such interest by clicking on the button “Add to Cart”, after having selected the quantity and the characteristics of the desired Product (model, size and color), insofar as these are applicable to the Product.
At any given moment, the User can:
- View a summary of the Products that have been selected, by clicking on the “Shopping Cart” icon and/or on the link “See Your Shopping Cart”, when displayed;
- Change the contents of the Shopping Cart by adjusting the number of items and/or by deleting any article, or articles, that s/he no longer wants (changes are no longer possible however once the User clicks on the button “Proceed to Checkout”);
- Finish selecting Products and order the Products by clicking on the button “Proceed to Checkout”; and
- Continue shopping and selecting other Products.
On the “Shopping Cart” page, the User can:
- Change the contents of the Shopping Cart by adjusting the number of items and/or by deleting any article or articles that s/he no longer wants (changes are no longer possible however once the User clicks on the button “Proceed to Checkout”);
- Fill in the “Discount Coupon” code that s/he holds.
In the case that the “Discount Coupon” is not recognized on the Website, the User will be asked to contact the Company using the contact form before validating the final order (an order finalized without a “Discount Coupon” cannot be changed later on).
To order the Products selected, after having clicked on “Proceed to Checkout”, a User must fill in the information needed for their delivery by completing the form available for that purpose, on the page entitled “My Order”, and choose which method of payment s/he would like to use (following the conditions outlined in Article 6).
Nevertheless, if the User is already registered on the Website, then s/he can log on by filling in his or her username (or email) and password after clicking on the link in the dialog box “Already Registered?”; the advantage of doing this is that, if delivery information has already been entered, then that information will automatically appear on the same screen. An opportunity is nevertheless provided to correct this information, if desired. By filling in the username or email address and password, the User accepts that doing so is proof of his or her identity and that s/he agrees to the general terms and conditions of sale provided herein.
If the User has not filled “Discount Coupon” information on the “My Cart” page, a prompt “Do you have a Discount Coupon?” will ask if s/he wants to fill one in by clicking on the link provided in the same box.
Furthermore, if the User has not registered with the Website, a box on the form can be checked which, if checked, will allow him or her to create an account by choosing a username and password. The advantage of doing this is that, once delivery information is entered, then there is no need to fill it in if another order is placed in the future (provided the User logs on). In creating an account, the User accepts that doing so is proof of his or her identity and that s/he agrees to the general terms and conditions of sale provided herein.
Finally, a purchase order will appear on the same page, indicating the contents and the total amount of the order.
3.3. Finalizing the order
Upon clicking on the order button, the User will be redirected to the secure payment page for the selected method of payment.
If the User correctly fills in his or her payment information, s/he then finalizes the order: the order is logged and the sale is definitively completed. From that point on, the User can no longer correct any errors, if any, made when entering data for that order.
The User becomes the Buyer. The order is logged in the Company’s computerized records, which are kept on a reliable and durable medium, and is considered proof of a contractual relationship between the Parties. The contract will then be archived electronically and used solely for the Company’s purposes.
In accordance with Article 5 below, the Buyer has the right to opt out of a sale, without penalty and without having to explain why, within fourteen (14) calendar days from the day after the Company’s Products have been delivered.
3.4. Order confirmation
As soon as the sale has been finalized, a summary of the order will be sent electronically by the Company to the email address that the Buyer supplied when placing the order.
This confirmation will summarize all the main elements of the contract that was made between the Parties [total price of the order; the itemized costs that make up the total price (unit price before VAT, discounts, refunds, rebates, taxable amount of the VAT, VAT rate applied on each taxable amount, miscellaneous costs, etc.); a detailed description of the order placed by the Buyer; the date the contract was concluded; business name, full address of the Company’s registered office and VAT number; full name and address of the Buyer’s legal residence; date of delivery or duration of delivery (for illustrative purposes only)] and said confirmation serves as proof of the purchase that was contracted between the Parties. It is also confirms the availability and price of items, promotions and shipping charges. The invoice addressed to the User when the package is delivered will therefore include the price of the Product(s), as well as the purchaser’s share of shipping and handling charges for the order.
No merchandise will be shipped without confirmation of the order provided by the Company and payment for the total cost of the order.
Article 4. Delivery
4.1. Expected delivery times
The following delivery times are in effect for the Products:
- To Belgium, the Netherlands, and/or Luxembourg, delivery takes place typically from 3 to a maximum of 6 business days, starting the day after an email confirming that the product or products are ready to be shipped;
- To another country in the European Union, delivery is from 4 to a maximum of 12 business days, starting the day after an email confirming that the product or products are ready to be shipped;
- To countries outside the European Union, delivery is from 6 to a maximum of 20 business days, starting the day after an email confirming that the product or products are ready to be shipped.
The Company strives to deliver orders within the periods mentioned on the Website. It cannot, however, specify the exact date of delivery.
In the case that the order cannot be delivered within a maximum of thirty (30) business days, starting the day after the Buyer receives the email confirming that the Product or Products are ready to be delivered; then the Buyer has the right to cancel the Purchase.
Electronic gift cards are sent out on the date selected by the Customer on the associated Product Sheet.
4.2. The shipping address
The Products ordered by the Buyer will be shipped to the address that the Buyer entered on the order form.
In all instances, Products will be shipped by ordinary postal services. The Company assumes no responsibility if delivery takes an inordinate amount of time because of a shortcoming of the postal services themselves or because of a strike.
Moreover, it should be noted that the ownership of the Products ordered will not be transferred to the Buyer until after the invoice amount has been paid in full, including the shipping costs. All other risks of Product loss and damage are transferred to the Buyer upon delivery.
The Company also reserves the right to refuse to ship a Product that, taking into account the legislative framework in force in the country where the package is to be delivered, would be undeliverable.
4.3. Taxes, fees, duties and other charges
In placing an order, the Buyer agrees that at the time his or her order is received, s/he will pay all the taxes, fees, duties and other charges, both present and future, due in order to ship the products ordered. The joint and several responsibility of the Company may in no way be invoked in this regard.
Article 5. Right to cancellation/returns
The Buyer may cancel his or her purchase, without penalty and without having to provide an explanation, within fourteen (14) calendar days following the delivery of his or her order (Art. VI.47, § 1, of the Belgian Code of Economic Law).
During this time, the Buyer must notify his or her desire to cancel by using the cancellation form available on the Company’s website (https://www.wistitee.com/en/returns-form/) or by sending an email to the Company’s contact email address ([email protected]), that includes an unambiguous declaration stating his or her decision to withdraw from the contract, and then must return, within fourteen (14) calendar days from the moment s/he communicates to the seller his or her decision to cancel, at his or her own expense and risk, the delivered Product to the legal address of the Company (Chemin Rive Droite du Canal du Centre 61, 7000 Mons, Belgium). The Product(s) must be delivered, without exception, in suitable packaging, undamaged, and along with all of their accessories as well as a printed copy of the electronic mail message confirming the Buyer’s request to make a return, received after having made known his or her intention to return the purchase. The Buyer must be able to provide proof of postage for the package, and keep it for a period of three (3) months.
Merchandise that is incomplete, deteriorated, damaged, or that the customer returns in dirty condition, will not be accepted. Within fourteen (14) calendar days following notification to the Buyer by email that the merchandise has been received and accepted, the Company agrees to reimburse the Buyer, with the exception of shipping charges. The Buyer is responsible for the Product(s) until received by the Company.
The refund will be made, contingent on acceptance, by crediting the PayPal account, the debit card, or the credit card used when the Product(s) were purchased. The Buyer can nevertheless opt to request a voucher of equal value, good for a future order.
The Company reserves the right to withhold full or partial reimbursement if the product sold has deteriorated or if the product should be in such a condition that it could no longer be resold.
Pursuant to Article VI.53, ¶1, 3°, of the Belgian Code of Economic Law, the Buyer has no right to break contracts involving products manufactured according to the consumer’s specifications or that are clearly personalized.
If the Buyer wishes an exchange, s/he is required to pay the shipping charges on the same basis as those called for on the Website for sending a similar item.
Wistitee gift cards cannot be exchanged, reimbursed, nor can change be provided for after a sale, for any reason.
Article 6. Payment
Every order involves paying shipping charges as discussed in Article 2.3.
When the order is finalized, the Buyer will be asked to choose from among the following methods of payment:
- By PayPal: on a secure page, the Buyer fills in his or her email address and PayPal password;
- By Ingenico: on a secure page, the Buyer fills in his or her debit card or credit card;
- No payment is required if the total value of the shopping cart is equal to zero (through validation of a coupon entitling the Buyer to a free t-shirt, for example).
Wistitee gift cards can be used to make a purchase payment either on the Website or in our sales outlets. If the Wistitee gift card doesn’t cover the entire amount of a purchase, the remainder must be paid using another form of payment accepted on the Website.
In all cases, the Company reserves the right to refuse any order or any delivery in the following situations:
- An existing legal dispute with the Buyer,
- The Buyer failed to make partial or full payment for a previous order,
- Banking organizations refused to authorize payment by debit card or credit card,
- Non-payment or partial payment.
The Company can, under no circumstances, be held liable in such cases.
The price of products is payable in cash by one of the methods of payment offered on the Website. In the case that the secured bank payment institution should refuse the transaction, the order will automatically be cancelled and the Customer notified by email.
If there is any doubt regarding a transaction, the Company reserves the right to request from the Customer additional information (this may include some form of personal identification attesting to ownership of the debit card or credit card). If, after receiving this additional information, doubt remains over any aspect of the transaction whatsoever, the Company reserves the right to cancel the order.
Article 7. Guarantees and responsibilities
The document that accompanies the order serves as the Buyer’s proof of guarantee and must therefore be carefully kept in the Buyer’s possession.
7.1. Legal guarantee
The Buyer is covered by the legal guarantee against any defect that exists at the time the item is delivered, if s/he had no knowledge of it, or was not expected to know about the defect at the time the contract was concluded, and if it appears within a period of two (2) years after delivery. In this case, the Buyer can request a replacement of the item, but if this is not possible, then either an acceptable reduction in the price or the termination of the contract, as prescribed by law (Art. 1649 bis et seq. of the Belgian Civil Code). To do this, the Buyer informs the Company in writing no later than two (2) months, starting the day that the defect was noticed, and then returns the items as instructed. If the item is damaged or defective upon receipt and is recognized as such by the Company, the Company agrees to reimburse the shipping charges for the noncompliant item on the basis of the amount indicated on the proof of postage furnished by the Buyer.
If the defect appears within six (6) months from delivery, it is in theory the Company that has to prove that it did not already exist at the time the item was shipped.
After a period of two (2) years, the Buyer can no longer request that the item be replaced, unless otherwise specified on the Website. Insofar as the articles have a life expectancy less than two (2) years, occasionally even six (6) months, in accordance with generally recognized practices or in accordance with the technological state of the art (taking into account, in particular, their price), they are only guaranteed for their normal life expectancy.
The legal rights that the Buyer has, under Belgian legislation applicable to the sale of consumer goods, are not affected by the guarantees described elsewhere on the Website.
7.2. Mailing address
All correspondence relating to the guarantees described in the present statement should be addressed to Wistitee (SPRL Banana Kingdom), Chemin Rive Droite du Canal du Centre 61, 7000 Mons, Belgium. Email: [email protected]
7.3. Limit of liability
The Company does not assume any legal liability for damage that may result from the inappropriate use of the merchandise it sells.
Any potential liability of the Company is limited exclusively to the value of the product in question.
The company assumes no responsibility for activated Wistitee gift cards that are lost, stolen, deactivated or damaged.
Article 8. Privacy protection with respect to handling information of a personal nature
The Buyer’s personal data are managed by Wistitee (SPRL Banana Kingdom) Chemin Rive Droite du Canal du Centre 61, 7000 Mons, Belgium, registered with the Crossroads Bank for Enterprises (BCE/KBO) under reference number BE-0567625687, and responsible for these data, for the purpose of accepting and processing the Buyer’s order, granting credits, conducting statistical studies and tests, and the general oversight of relationships with customers, including for purposes of promoting the sale of the Company’s products and services. The Buyer can at any time access his or her data and ask that they be corrected by making a request in writing by regular mail to Wistitee (SPRL Banana Kingdom) Chemin Rive Droite du Canal du Centre 61, 7000 Mons, Belgium, or by email to [email protected], along with a copy of the front and the back of an ID document.
Further information regarding privacy protection with respect to the handling of personal data can be obtained from the Commission for the Protection of Privacy, Rue Haute 139, 1000 Brussels, Belgium.
8.1. Personal data
Users must supply personally identifiable information, collected in the context of remote sales, since such information is necessary for the processing and delivery of orders and to draw up invoices. This information is strictly confidential. Failing to fill in this information will cause the order to be automatically rejected.
Pursuant to the privacy law dated December 8, 1992 regarding personal data processing, the personal data collected on the Website will not be communicated to a third party without first notifying the User. The User has the right to access, modify, rectify and delete his or her data.
8.3. Web Beacons
Some pages of the Website may occasionally contain electronic images or “web beacons”, which are able to count the number of visitors to the webpage.
The information obtained using these beacons simply allows the Company to better serve the Website’s Users by keeping track of the flow of visitors on certain pages of the Website.
Article 9. Intellectual property
9.1. Unless otherwise indicated, all constituent parts of the Website, whether consisting of text, imagery, or sound, and including the underlying technology, as well as company logos and branding, are protected by copyright, trademark, and patent rights, and more broadly by intellectual property rights as well as data protection laws. They are the exclusive property of the Company or of the third parties who granted the Company a license to use them.
9.2. The User acquires none of the aforementioned rights by visiting the Website. Under intellectual property rules, any reproduction (including by downloads, printing, and so on), representation, adaptation, translation, transformation, or transfer onto another website, of one or several of the aforementioned components, is forbidden without the prior written authorization from the Company and/or the rights holder. All unauthorized use of this content constitutes and infringement of copyright and may result in prosecution in civil and/or criminal court, and the payment of damages and interest.
9.3. The User agrees not to manipulate the Website or to interfere in the offers or transactions of other Users.
9.4. The Company respects the intellectual rights of others. If a User believes that material published on the Website violates intellectual property rights, h/she must inform the Company using the contact form, clearly identifying the material in question, and providing sufficient information to allow the Company to contact the complainant.
Article 10. Miscellaneous stipulations
10.1. Force majeure
The Company cannot be held responsible for the full or partial non-execution of its obligations under this contract, if this non-execution is the result of an event of force majeure, in particular, implicating computer viruses, computer hacking, in the case of disruptions or strikes, either full or partial, particularly involving contractors (suppliers, printers and companies responsible for Product packaging), postal services and the transport and/or communications sectors, flooding, fire and war.
Events will be determined to be of a “force majeure” nature if they fulfill the criteria established by the court system.
In the case of an event constituting force majeure, the Company will inform the User/Buyer within five (5) business days of the event in question.
If there is an interruption lasting more than one (1) month as the result of force majeure, the Company may opt to not fill the order, in which case it is required to reimburse the Buyer or to offer an alternative solution, acceptable to both Parties, as appropriate.
The invalidity or unenforceability of any provisions of this agreement shall not affect the validity or enforceability of any other provision in this agreement, which shall remain in full force and effect. If necessary, the Parties shall replace the invalid or unenforceable clause with a valid clause that is as close as possible from an economic standpoint to the invalid or unenforceable clause.
The fact that the Company does not avail itself of these General Terms and Conditions of Sale at a given moment cannot be construed as a decision to waive its rights to avail itself of them later on.
10.3. Contract integrality
These general terms and conditions of sale and the order summary that is sent to the Buyer form a single contract and constitute the entirety of the contractual relationship established between the Parties.
To the extent that there is any inconsistency between these documents, the General Terms and Conditions of Sale prevail.
10.4. Applicable law – Relevant jurisdictions
The contractual relationship between the Parties and these general terms and conditions are governed by Belgian law, even in the case of a claim for contribution from a third party. The Parties expressly agree to exclude the application of the Vienna Convention on the international sale of goods.
Any litigation related to the formation, execution, or interpretation of the General Terms and Conditions of Sale as well as to all conventions to which they apply, and which cannot be resolved out of court, shall be subject to the exclusive jurisdiction of the judicial district of Mons, Belgium.
10.5. Discrepancies in translation
In the case that there are discrepancies of meaning in these General Terms and Conditions of Sale between the original French version and a translated version, the original French version shall prevail.
10.6. Modification of the general terms and conditions
The Company reserves the right to modify these general terms and conditions at any time in order to clarify one point or another, or in order to add new points. These modifications will be communicated beforehand by email to the Users registered on the Website before they go into effect (unless otherwise indicated) so that they are informed about them.