1.1. These general conditions (hereafter: “General Conditions”) govern the use of the website from (hereafter: the “Website”) Quiet Company, a business by Marie Kips with company number BE0726.404.096, registered at Oude Brusselseweg 71E, 9050 Gentbrugge (hereafter: “Quiet Company”).
1.2. Quiet Company shall act as the seller of the goods.
1.3. The Website is created and managed by Quiet Company. Users are not allowed to use the information on the Website for commercial purposes.
1.4. Placing an order on the Website implies an obligation to pay.
1.5. By placing an order, the customer declares to irrevocably and unconditionally accept the General Conditions. The General Conditions are published on the Website and linked in each order confirmation. The acceptance of the General Conditions is necessary to place a valid order.
1.6. The General Conditions prevail over any conflicting general terms and conditions of the customer.
1.7. The General Conditions can be amended at any time. The modifications shall be published on the Website and will enter into force ten (10) days after the publication on the Website.
2. Offer and Purchase
2.1. All offers on the Website are purely informative and not binding.
2.2. A customer has to be at least eighteen (18) years old to place an order.
2.3. An order can be placed on the Website, via Facebook or Instagram.
2.4. Quiet Company undertakes the necessary to process the orders placed on the Website as long as supplies last and within the limits set forth in these General Conditions. The order can only be processed if the customer is clearly identified in accordance with article 8.
2.5. Quiet Company reserves the right to refuse an order in case of a serious suspicion of abuse of rights or bad faith.
2.6. A purchase is not final until the acceptance of these General Conditions, the applicable price and the description of the offer.
2.7. When the order is placed, Quiet Company will confirm the order by e-mail and upon confirmation by Quiet Company the order becomes final and binding.
3.1. The currency of the applicable prices shall be mentioned on the Website.
3.2. The applicable prices are the prices which are mentioned on the Website at the time of ordering.
3.3. The applicable prices include Value Added Tax (VAT) but don't include any delivery costs. The extent of delivery costs will depend on the size, weight and price of the good and the customer’s destination, and shall be added at the checkout.
3.4. Delivery charges will we borne by the customer at cost price. These charges will be indicated before the order becomes final.
3.5. Any taxes and/or applicable duties of whatever kind, are at the customer’s expense.
3.6. Payment must precede the delivery.
3.7. Quiet Company accepts payment by credit card and through Bancontact, and the order will be executed after receipt of the payment by Quiet Company.
3.8. Quiet Company is not liable for any damages whatsoever arising out of fraud or any other unlawful act by means of a bank card or credit card.
4.1. The delivery will be effected to the address that is specified by the customer at the moment of order. If an order cannot be delivered to the address that is specified by the customer, Quiet Company has the right to terminate the agreement without prior notice. The customer will be informed in writing, by telephone or by e-mail in case of such a termination. When the customer specifies a wrong address, any additional shipping cost will be charged to the customer.
4.2. The risk for loss or damage to the ordered goods passes to the customer as from the time of delivery of the goods to the customer, or pick-up by the customer.
4.3. The period of delivery starts upon receipt of the payment. The delivery takes place as soon as possible. The period of delivery mentioned on the Website is purely an indication and therefore not binding for Quiet Company. If a delivery or pick-up is made on another date than mentioned on the Website, the customer is not entitled to any compensation whatsoever.
4.4. Transfer of ownership occurs upon receipt of full payment of the goods.
5. Right of revocation
5.1. Every consumer (i.e. any individual that buys a good for non-commercial purposes) and Belgian resident has a right to revoke his order during a period of fourteen (14) calendar days, without the necessity to give any reason for the use of this right to revoke. This period of fourteen (14) calendar days starts from the day following the delivery.
5.2. During this period of fourteen (14) calendar days, the consumer shall handle the good and its packaging carefully. The consumer shall only unpack the good as far as necessary to assess whether the good meets the specifications as listed up in the offer.
5.3. The returning of an ordered good can only be accepted if the article is not dirtied, damaged or spoiled, and is still in its original packaging.
5.4. To exercise the right of revocation, the consumer shall notify Quiet Company before the expiry of the abovementioned period of fourteen (14) calendar days. The consumer shall notify Quiet Company by e-mail to firstname.lastname@example.org.
5.5. The consumer must return the ordered article in the same way as it is delivered to the consumer.
5.6. Any cost relating to the returning of the ordered article, will be at charge of the consumer.
5.7. In case of mail delivery, the consumer must prove that the good is sent back to Quiet Company (e.g. by means of proof of mail delivery) before the expiry of fourteen (14) days, starting from the day following the day on which the consumer has notified Quiet Company about the exercise of its right of revocation. When the consumer has not returned the delivered good after the expiry of the abovementioned period of fourteen (14) calendar days, the sale becomes final.
6. Responsibilities and guarantees
6.1. Any problem or defect with respect to the delivery of a good, damage or qualitative deficiencies must be reported by e-mail to email@example.com.
6.2. In case an order is to be returned to Quiet Company, this shall be done in accordance with the provisions of article 5.
6.3. In no event shall Quiet Company be liable for any damages of any kind or character, including without limitation any compensatory, incidental, direct, indirect, special, punitive or consequential damages (including but not limited to loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character or attorneys' fees).
6.4. Quiet Company is in addition not liable for:- any damage or accident caused by the customer or third parties;- any divergent or unusual use of the good;- any case of force majeure.
7. Force majeure
7.1. Force majeure situations that prevent execution of the agreement include inter alia:
- natural catastrophes, earthquake, storm, fire, flood, etcetera;
- armed conflict, war, terrorist attack, pandemic;
- labour disputes, total or partial strikes that affect postal distribution, public services etcetera;
7.2. The party relying on force majeure will immediately inform the other party of the occurrence and of the termination thereof.
7.3. The occurrence of a force majeure situation relieves both Quiet Company and the customer.
7.4. The parties are relieved from their commitments under the agreement if the force majeure situation continues for more than two months.
8.1. The customer accepts the use of electronic evidence.
8.2. The customer is solely and exclusively responsible for the accuracy of any information that he or she passes.
8.3. The final confirmation of the order by the customer implies the acceptance of the order at the relevant price. The confirmation by the customer is considered to be the signature and the explicit acceptance of all transactions on the Website.
9. Responsibility for the use of the Website
9.1. The Website of Quiet Company is intended to provide general information to the customer about the offered goods. Quiet Company does not guarantee that the provided information is up-to-date, correct or complete, nor does Quiet Company guarantee the quality of such information in any other respect.
9.2. Quiet Company has the right to suspend or terminate the Website at any time for maintenance, updating or any other reason, even without prior notice.
9.3. Third party websites need the permission of Quiet Company to place a link to the Website on their own website.
9.4. Quiet Company can not be held liable for:
- any incorrect information on the Website (e.g. an incorrect price due to a technical problem on the Website);
- any content on third party websites that are directly or indirectly linked to the Website;
- any inconvenience or damage resulting from the use of the internet, by any failure of the system, the intrusion of outsiders or of a virus;
- any event that can be qualified as force majeure.
10. Protection of personal information
10.1. Quiet Company collects and stores personal information from the customers in a database.
10.2. Such personal information may include the customer’s name, address, email address and all other information that the customer chose to provide on the Website.
10.3. This personal information will not be used for commercial purposes, other than helping to enhance the quality of the customer’s use of the Website.
10.4. The customer has a right of access, modification or rectification of his or her personal information. The customer can exercise this right by sending a e-mail to firstname.lastname@example.org.
11.1. A cookie is a text file that is assigned by a web server and stored on a user’s computer to uniquely identify the browser on a particular computer for record-keeping purposes.
11.3. Quiet Company uses temporary cookies to ensure that the customer is recognized when he or she moves from page to page on the Website, and to make sure that information entered by the customer on the Website will not get lost while the customer is navigating the Website.
11.4. Quiet Company also uses persistent cookies to remember the subsequent visits of a customer on the Website, which enables Quiet Company to provide the customer with a more enhanced, efficient and personal experience when he or she returns to the Website.
11.5. If the customer does not want to have cookies placed on his or her computer, he or she can commission his or her browser to refuse or remove the cookies. However, this will limit the system performance of the Website, and may even cause certain features of the Website to malfunction.
12. Intellectual property
12.1. The artist remains the owner of all intellectual property rights of his or her good, as defined by Belgian law. The rights of representation and the right of reproduction of the goods presented on the Website also belong to the artist. His or her authorization is necessary for any exploitation of these rights. The rights of the customer to the purchased good is therefore limited to a right of private use, excluding any right of representation or reproduction.
12.2. The Website in itself and all the elements presented on this Website (e.g. photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs etcetera) are protected by the right of author and all other intellectual property rights.
12.3. No content on this Website may be used, downloaded, uploaded, copied, printed, displayed, performed, reproduced, modified, deleted, added to, licensed, posted, transmitted or distributed, in whole or in part, for any public or commercial purpose, without specific prior and written approval of Quiet Company.
13.1. Any dispute regarding this General Conditions shall be under the exclusive jurisdiction of the courts of Ghent (Belgium).
13.2. The present General Conditions are governed by Belgian law.