GWNÏO

GENERAL CONDITIONS OF PURCHASE AND USE

1. INTRODUCTION

This document (and any document mentioned below) sets down the general conditions for the use of the web site www.gwnio.com as well as the general product purchase terms & conditions on this same site (hereinafter referred to as the “Terms”). Please read these Terms very carefully, our Cookie policy and our privacy policy (hereinafter referred to as the “Data protection policies”) before using this site. By using this site or by placing an order on this site, you agree to be bound by these Terms and by our Data protection policies. Therefore, please do not use this site if you do not agree to all these Terms and our Data protection policies. These Terms are subject to change. It is your responsibility to regularly consult these Terms because the applicable terms will be those in force at the time you use this site or enter into the contract (as described below). Please contact us for any question concerning the Terms or Data protection policies by completing the form provided for this purpose. The Contract (as described below) may be performed in one of the languages in which the Terms are available on this site.

2. OUR CONTACT DETAILS

Products are sold on this site under the name “GWNIO” by GWNÏO SPRL, a Belgian company whose registered offices are located Rue du Collège 24, 4600, Visé, Belgium, registered with the trade register of the Crossroads Bank as re-entered, and whose VAT number is: BE 844124187. To contact us: Tel.: 042506974 Email address: info@gwnio.com YOUR CONTACT DETAILS AND VISITS TO THE WEBSITE The information or personal data you provide to us will be processed in line with our Data protection policies. By using this site, you agree to the processing of this information and these contact details and you declare that all the information or contact details provided are true and accurate.

3. USING OUR WEBSITE

By using this site and placing orders on it, you undertake to:

1. Use this site only for the purpose of browsing or placing legally valid orders.
2. Not place false or fraudulent orders. If it can be reasonably considered that such an order has been placed, we will be authorised to cancel it and to inform the competent authorities. 
3. Provide us with your email address, your postal address and/or other correct and accurate contact information. Similarly, you authorise us to use these data so we can contact you if necessary (see our privacy policy). You may not place an order if you do not provide us with all the data required. 

By placing an order on this site, you certify that you are 18 years of age or older and that you have the legal capacity to enter into contracts. 


4. AVAILABILITY OF SERVICES

The shipping service for the products offered on this site is only available in Belgium.

5. VALIDATION OF THE CONTRACT

The information mentioned in these Terms and the data mentioned on this site do not constitute an offer of sale but an invitation to enter into discussions. No contract will be established between you and us with respect to the goods until your order is specifically accepted by us. If your order is not accepted and the corresponding amount has already been debited, you will be fully refunded. To place an order, you must follow the online purchase procedure and click on “Authorise payment”. Following this, you will receive an email confirming that your order has been received (“Order confirmation”). Please be aware that this does not mean that your order has been accepted. Indeed, your order constitutes an offer that you submit to us in order to buy one or more products. All orders are subject to acceptance by us. We will inform you of this acceptance by sending you an email confirming that the order has indeed been shipped (“Shipping confirmation”). The contract for the purchase of a product between the parties (the “Contract”) will only be valid from the date the Shipping confirmation is sent out. Only the products indicated in the Shipping confirmation will be concerned by the Contract. We will not be required to provide you with any other product that has not been the subject of any order until we confirm the shipping of the order through a Shipping confirmation.

When a customer does not come to pick up his or her order (from the date the package is available in the store) within a period of 2 weeks: Gwnïo reserves the right to cancel the order, to refund payment to the customer.

6. AVAILABILITY OF PRODUCTS

All product orders are subject to the availability of said products. In this sense, in the event of product supply difficulties or if the products are no longer in stock, we reserve the right to inform you about the possibility of ordering replacement products of a quality or value that is identical or higher. If you do not wish to order these replacement products we will refund any amount paid by you.

7. REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this site at any time and to replace or modify any content or information contained on this site. While we always do everything in our power to fulfil all orders, exceptional circumstances may arise and oblige us to refuse to process an order after you have been sent the Order confirmation. We reserve this right at all times. We shall not be liable to you or to a third party as a result of our decision to remove a product from this site, as a result of our decision to replace or modify any content or information contained on this site or as a result of our refusal to process an order after sending out the Order confirmation.

8. SHIPPING

Subject to the provisions of the above-mentioned clause 7 on product availability, and except in exceptional circumstances, we will make every effort to fulfil the order for the product or products referred to in each Shipping confirmation before the delivery date specified in this Shipping confirmation or, if no delivery date is specified, within the estimated delivery time indicated at the time of selecting the shipping method and, in any case, within a maximum period of 30 days from the date of the Shipping confirmation. Delays may nevertheless occur in the event of unforeseen circumstances or for reasons related to the customization of products or to the area of delivery.

If we are unable to meet the delivery date for any reason, we shall notify you and propose that you either continue the purchase process with a new delivery date, or cancel your order with a full refund of all amounts paid. Please remember that no home deliveries are carried out on Saturdays or Sundays, except in the service which provides for such deliveries.

For the purposes of these conditions, the “delivery” will be considered as having been carried out, or the order will be considered as having been “delivered”, from the time you or a third party designated by you are in physical possession of the goods with this being deemed to be the case upon signing the acknowledgement of receipt of the order at the agreed delivery address.

9. UNDELIVERABLE GOODS

If it is impossible to deliver your order, we will strive to find a secure location to drop off your package. If we do not find a secure location, your order will be returned to our warehouse. We will leave a notice indicating the location of your order and the procedure to follow to obtain a new delivery. If you are not in the place of delivery at the agreed time, please contact us to arrange delivery at a later date.

If the order has still not been delivered, for reasons for which we are not to blame, after a period of 15 days following the date on which your order was available for delivery, we shall consider that you wish to put an end to the contract and the Contract shall therefore be terminated. As a result of the termination of the Contract, we will refund all sums paid, including costs with the exception of delivery expenses, as soon as possible and in any case within a period of 14 days from the time the Contract is considered to be terminated. Please note that we shall be authorised to charge you for any additional transport costs incurred as a result of the termination of the Contract.

10. TRANSFER OF PRODUCT RISKS AND OWNERSHIP

You are responsible for the risks related to the product from the time of delivery, within the meaning of the provisions of clause 9 above. You will acquire ownership of the products when we receive full payment of all amounts due with respect to these products, including shipping costs, or at the time of delivery (within the meaning of the provisions of clause 9 above), if the delivery occurs at a later date.

11. PRICES AND PAYMENT

The price of the products will be the price indicated on our site at all times, except in the case of a manifest error. Despite our best efforts to ensure that the prices indicated on the site are accurate errors may nonetheless occur. If we detect an error in the price of the product(s) that you have ordered, we will inform you as soon as possible and propose that you either confirm your order at the correct price or that you cancel this order. If we cannot get in touch with you, the order will be considered as cancelled and we will fully refund you the sum paid. We are not required to sell a product at a mistakenly lower price (and this even after sending you a Shipping confirmation), if the error is manifest and unambiguous and if you are reasonably capable of identifying it as such.

The prices displayed on our website include VAT but do not include shipping expenses which are added to the total amount payable, as indicated in our shopping guide (see the section on delivery expenses). Prices can be modified at any time. However, no change shall be applied to orders for which an Order confirmation has already been sent, with the exception of the cases described above. After you have selected all the products you want to buy, these are added to your shopping cart. We will then proceed to process your order and you will be asked to make the payment. For this purpose, you must follow the different steps in the purchase process by indicating or checking the information required in each of them. During the purchase process, you always have the possibility of modifying the data relating to your order before proceeding to the payment stage. The purchase process is explained in detail in our shopping guide. In addition, if you are registered as a user in our system, all data relating to orders you have placed with us are available in the “My Account” section.

You can make payments using the following bank cards: Visa, Mastercard, as well as PayPal. Once your order is placed, we apply for a bank card debit pre-authorisation in order to ensure that you have sufficient funds to carry out the transaction. The corresponding amount will be charged to your card when the products ordered by you are shipped from our warehouse.

If you make the payment through Paypal, the debit will be performed when we confirm the order. By clicking on “Authorise payment”, you confirm that the credit card belongs to you or that you are the legitimate holder of the gift card or purchase voucher. Credit cards are subject to validity checks and require authorisation from the organization that issued these cards. If we do not receive the required payment authorisation, we shall not be held responsible for the delay in delivering or failure to deliver the products and we shall not be in a position to enter into a Contract with you.

12. VALUE ADDED TAX

In accordance with regulations in force, all purchases made on the website are subject to value added tax (VAT). As such, in accordance with Chapter I of Title V of the Directive 2006/112/EC of 28 November 2006 concerning the common VAT system, the place of supply of the goods is considered to be in the Member State where the products are to be delivered and the VAT applicable is that in force in each Member State where the products are to be delivered, in accordance with the purchase orders.

13. EXCHANGE/RETURN POLICY

13.1. Statutory right of withdrawal

Right of withdrawal You are entitled to withdraw from the Contract within 14 days without having to say why. The withdrawal period shall expire at the end of 14 days starting from the date on which you or a third party other than the carrier that you have designated takes physical possession of the goods or, in the case of several products that are part of the same order but shipped separately, at the end of 14 days starting from the date on which you or a third party other than the carrier that you have designated takes physical possession of the last product in the order. To exercise your right of withdrawal, please inform GWNÏO SPRL of your decision by making an unequivocal statement either over the phone by calling 042506974, by sending an email to the address contact@gwnio.com or by filling out the contact form provided for this purpose. You also have the possibility of using the withdrawal form in the Appendix, although this is not mandatory.

The withdrawal period shall be deemed to be complied with if you send your letter informing us of your decision to exercise your right of withdrawal before the expiry of the withdrawal period. Effects of the withdrawal If you decide to withdraw from this Contract, we will refund to you all payments made, including shipping costs (with the exception of the extra costs associated with the choice of a delivery mode other than the ordinary and least expensive delivery mode that we offer you), without delay and in any case within 14 days of our being informed of your decision to withdraw from this Contract. We will proceed with this refund using the same means of payment that you used for the initial transaction, unless you specifically agree to another means of payment. In any case, this refund will be at no expense to you. Independently of the foregoing, we may defer the refund until we receive the products back from you or until you provide proof of the return of the said goods with the first of these dates being taken into account.

Please return the products in question or drop them off in one of GWNÏO's stores in Belgium without delay and in any case, within 14 days of the date on which you informed us of your decision to withdraw from this Contract. The deadline shall be deemed to be complied with if you return the products to us before the expiry of the 14-day-deadline. The direct costs incurred as a result of returning the products will be at your expense, unless you drop off these products in one of GWNÏO’s stores in Belgium or return them using a transport service organized at your own initiative.

Your liability is only incurred in respect of the depreciation in the value of the products resulting from handling other than that required to check the nature, quality and workings of the said products.

13.2. Contractual right of withdrawal  

In addition to the statutory right of withdrawal granted to consumers and users and mentioned in Clause 14.1 above, you also have the possibility of returning any product to us within a period of 30 days from the date of the Shipping confirmation.

In the case of the products being returned by virtue of the contractual right of withdrawal after the expiry of the statutory withdrawal period, the refund shall only apply to the amount paid for these products. The direct costs incurred as a result of returning the products will be at your expense if you do not drop off these products in one of GWNÏO's stores in Belgium or return them using a transport service organised at our own initiative. If you inform us of your decision to exercise your right of withdrawal under the provisions of Clause 15.1 above, after expiry of the statutory withdrawal period, you are required, in all cases, to return the products to us within a period of 30 days from the date of the Shipping confirmation.

13.3. General provisions

You will not be entitled to withdraw from the contract if the Contract concerns delivery of one of the following products:

Customized products

Products packaged in an airtight manner that cannot be returned for reasons of hygiene, the packaging of which was opened after the delivery. Your right to terminate the contract will only apply to those products that are returned in the same condition as they were received in. No refund will be made if the product was used after being opened, if it is not in the same condition as when delivered or if it has been damaged. You are therefore asked to take good care of the product(s) in your possession. Please return the products in or including the original packaging, along with any operating instructions and any other documents that came with these products. In all cases, when returning products you must include the ticket you received upon delivery. A summary of your rights with respect to this is provided with your order at the time of delivery. In the event of termination of the contract, the corresponding products must be returned in one of the following ways:

You can return the products by dropping them off, along with the ticket received at delivery, at any GWNÏO store located in Belgium.

Similarly, you can have the products returned by means of a transport service organised at our own initiative. For this purpose, you can contact us using the online form or over the phone (042506974), to have us come to your address and pick up the product(s) in question. If you purchased products as a guest, you must call us (042506974) to ask for the return through a transport service. Neither of the first two options mentioned above will result in any additional costs for you. If you do not wish to return the products using one of the free return systems placed at your disposal, returns costs will be at your expense.

 

After examining the returned product, we will contact you to inform you whether you are entitled to reimbursement of the sums paid or not. Shipping costs are never reimbursed if the right of withdrawal is exercised during the statutory period and if all the products in question are returned. The refund will be made without delay and in any case within 14 days following the date on which you informed us of your decision to terminate the Contract.

Independently of the foregoing, we may defer the refund until we receive the products back from you or until you provide proof of the return of the said goods with the first of these dates being taken into account. The means of repayment will always be the same as the means of payment used for your purchases. The risks and costs incurred by returning products will be at your expense, if you do not choose one of the free return methods placed at your disposal, as indicated above.

For any question, please contact us by filling in the form provided for this purpose or by calling the following number: 042506974.

 

13.4. Returning defective products

If you feel that the product does not comply with the contract at the time of delivery, you must

contact us immediately using the form provided for this purpose, indicating the characteristics of the product in question and the type of defect; you can also call us at 042506974, we will then instruct you on the procedure to follow.

 

You must return the product by sending it to the address indicated on the ticket received at delivery or by dropping it off at a GWNÏO store in Belgium or by giving it to the carrier we send to your home. We will examine the returned product in detail and inform you by email, within a reasonable period of time, whether the product can be exchanged or whether you are entitled to a refund (where appropriate). We will refund or exchange the product without delay and in any case within 14 days following the date on which we confirm to you by email that you are entitled to a refund or exchange for the product in question.

If a defect or damage is found, the returned products will be fully refunded, including any shipping costs paid by you and any costs incurred in returning the product. The means of repayment will be the same as the means of payment used for your purchases.

In no case are your statutory rights under the regulations in force affected.

 

14. LIABILITY AND LIABILITY WAIVER CLAUSES

Unless explicitly mentioned otherwise in these Terms, our liability in respect of any product purchased on our site is strictly limited to the purchase price of the said product. Notwithstanding the foregoing, our liability shall not be subject to any exclusion or limitation in the following cases:

  • death or personal injury caused by our negligence;
  • fraud or deceit; or
  • in all cases in which it would be illegal or contrary to the law to exclude or limit, or to attempt to exclude or limit, our liability.

Notwithstanding the provisions of the above paragraph, to the extent provided for by law, and unless specified to the contrary in the present Terms, we shall in no event be liable for the following losses, regardless of their origin:

  • loss of income or sales;
  • operating loss;
  • loss of profits or contracts;
  • loss of projected savings;
  • loss of data; and
  • loss of management time or office hours.

Due to the open nature of this website and the possibility that errors may occur in storing and transmitting digital information and unless specified to the contrary, we do not guarantee the accuracy or security of the information on or obtained from this site.

All documents, descriptions and information relating to the products listed on this site are provided

“as is”, without being covered by any guarantee, express or implied, with the exception of the guarantees provided by law. In this sense, if you are a party to the contract as a consumer or user, we are required to deliver to you products that comply with the contractual provisions and we are liable to you in the event of a lack of compliance being found at the time of the delivery. The products are considered as being compliant with contractual provisions if the following conditions are met: (i) they must conform to the description that we presented and have the characteristics that we outlined on this site; (ii) they must be adapted to the purposes for which products of this kind are generally designed; (iii) they must meet the quality and performance criteria that are generally accepted for products of the same kind and that can reasonably be expected of them.

To the extent provided for by law, all guarantees are excluded, with the exception of guarantees for consumers and users, that cannot be legitimately excluded (in particular the statutory guarantee of compliance stipulated in articles 1649 bis to 1649 octies of the Belgian Civil Code).

The products that we sell, in particular artisan type items, often have characteristics specific to the natural materials used to manufacture them. These characteristics may undergo variations in terms of the fibres, texture, knots or colour. In no case can these variations be considered as defects or damage. On the contrary, you must be aware of the existence of these variations and be able to appreciate them. We only choose products of the highest quality, but the natural properties of these materials are inherent to the products and must be accepted as an intrinsic part of these products.

The provisions laid down in this clause shall in no way affect your rights as a consumer and user nor your right to terminate the Contract.

15. INTELLECTUAL PROPERTY

You acknowledge and accept that any copyright, registered trademark and any other intellectual property rights with respect to the information or content on this site is our property at all times or the property of those who granted us the license. You may only make use of this information to the extent that you are specifically authorised to do so by us or by those who granted the license. This does not prevent you from using this site to the extent necessary in order to copy the information about your order or your address details.

16. VIRUSES, HACKING AND OTHER COMPUTER CRIMES

You must not use the site in an abusive manner by intentionally introducing viruses, Trojan horses, worms, logic bombs or other technologically malicious or harmful devices. You must not attempt to gain unauthorised access to this site, the server on which this site is hosted or to any server, computer or database related to our site. You undertake not to attack this web site through a denial of service or distributed denial of service attack.

Any breach of this provision constitutes an offence under the regulations applicable in this matter. We will inform the competent authorities of such a breach and will cooperate with the said authorities in order to discover the identity of the hacker. Similarly, if you fail to comply with this clause, your authorisation to use this site ceases immediately. We disclaim any liability in case of loss or nuisance resulting from a denial of service attack, a virus attack or an attack by means of any other technologically malicious system or hardware, caused to your computer, your equipment, your data or information as a result of using this site or after downloading files from this site or from other sites to which this site directed you.

17. LINKS ON OUR WEBSITE

If our site features links redirecting visitors to other third party sites and data, these links are only provided for information purposes and we have no control over the content or data on these sites. Accordingly, we disclaim any liability in case of loss or nuisance resulting from the use of these links.

18. WRITTEN COMMUNICATIONS

Under applicable regulations, we are required to send you certain information items or communications in writing. By using this site, you agree that your communication with us is mainly carried out by electronic means. We will contact you by email or will notify you through alerts displayed on our site. For contractual purposes, you give your agreement to the use of this means of electronic communication and you agree that all contracts, advertisements, notices and other messages that we send to you by electronic means are consistent with legal provisions requiring that such communications be made in writing. This provision in no way affects your statutory rights.

19. NOTIFICATIONS

Please make our contact form your first choice when contacting us. Unless otherwise indicated, in accordance with the provisions of clause 20 above, we can send you notifications at the email address or postal address that you provided when placing your order.

It is understood that notifications will be considered to have been validly made and received at the exact time they are published on our website, 24 hours after an email has been sent or three days following the date a letter is stamped. To prove that a notification has been submitted, it will be sufficient to demonstrate, in the case of a letter, that the address was entered correctly and that it was stamped and posted; in the case of an e-mail, it will be sufficient to demonstrate that this email was sent to the email address specified by the recipient.

20. ASSIGNING RIGHTS AND OBLIGATIONS

This Contract is binding on the parties and their respective successors, assignees and assigns. You may not transmit, assign, encumber or transfer a Contract or any of the rights or obligations thereunder in any other way without first obtaining our written consent.

We may transmit, assign, encumber, outsource or transfer a Contract or any of the rights or obligations thereunder in any other way and this at any time during the validity period of the Contract. In order to avoid any ambiguity, these transmissions, assignments, encumbrances and other transfers will not affect any rights you may have as a consumer, and shall not constitute any limit, restriction or exclusion to the express or implied guarantees that we may have granted to you.

21. FORCE MAJEURE

We shall not be held responsible for any failure or delay in performing our contractual obligations caused by events beyond our reasonable control (“Force Majeure”). Cases of force majeure include any act, event, failure to perform, omission or accident occurring beyond our reasonable control and including in particular the following:

  • Strike, lock-out or other measures of protest.
  • Civil riot, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), the threat of war or preparations for war.
  • Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
  • Inability to use trains, boats, planes, motorised transport or other public or private means of transport.
  • Inability to use public or private telecommunication networks.
  • Acts, decrees, laws, regulations or restrictions by any government or any public authority.
  • Strike, incidents or accidents involving sea or river transport, postal transport or any other type of transport.

It is understood, firstly, that our contractual obligations will be suspended as long as the case of force majeure persists and, secondly, that our performance times required to meet these obligations will be extended for a period equivalent to the duration of the case of force majeure. We will make our best efforts to put an end to the case of force majeure or to find a solution enabling us to meet our contractual obligations despite the case of force majeure.

22. RIGHT TO WAIVE

If we cease to require that you strictly perform your obligations under the Contract or under one of these Terms, or if we do not exercise the rights or remedies to which we are entitled under this Contract or one of these Terms, in no case shall this constitute a waiver or limitation of these rights or remedies nor shall it dispense you from complying with your obligations.

No waiver by us of any specific right or remedy shall constitute a waiver of other rights or remedies arising out of the Contract or the Terms.

No waiver by us of any one of these rights, remedies or Terms under the

Contract shall produce its effects until it is specifically qualified as such and is communicated to you in accordance with the provisions provided for in the clause on notifications above.

23. PARTIAL INVALIDITY

If any of these Terms or any of the provisions of the Contract are deemed to be null and void by virtue of an irrevocable ruling from a competent authority, the other general Terms shall continue to apply and shall not be affected by this ruling.

24. INTEGRALITY OF THE CONTRACT

The present Terms and any document indicated in these same Terms constitute the entire agreement concluded between the parties with respect to the purpose of this Contract and supersede any prior oral or written agreement, promise or pact concluded between the parties.

The Parties agree that neither of them is taking any account of any statement or promise made by the other Party or possibly resulting from any written or verbal statement made in the course of negotiations between the parties before entering into the Contract, with the exception of the provisions specifically set out in the present Terms.

Each of the parties waive any recourse with respect to any oral or written false statements that may have been made by the other party before the date the Contract was signed (except if these false statements were made in a fraudulent manner). The only recourse the other party may take will be for breach of contract, as stipulated in the present Terms.

25. OUR RIGHT TO AMEND THESE TERMS

We are entitled to revise and amend these Terms at any time.

You are bound by the provisions and Terms in force when you use this site or place an order, unless the law or the competent authorities oblige us to retroactively modify these provisions, these Terms or the privacy policy. In this case, any changes made will also apply to the orders you placed beforehand.

26. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the purchase contracts for the purchase of products on this site shall be governed by Belgian law.

Any dispute arising out of or related to the use of the site or to these contracts will be subject to the exclusive jurisdiction of the courts from Liège. The provisions of this clause shall in no way affect your rights as a consumer under applicable legislation in such matters.

27. COMMENTS AND SUGGESTIONS

Your feedback and comments are always welcome. You can send them to us using the contact form.

 

 

APPENDIX

Withdrawal form

(form to be completed and returned to us only if you wish to withdraw from the contract)

 

Recipient: GWNÏO SPRL; I hereby inform you of my decision to exercise my right of withdrawal from the contract of sale relating to the following items:

 

Ordered / received on (*)

 

Name of the consumer

 

Address of the consumer

 

Signature of the consumer (only for the forms in paper format)

 

Date


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