Terms of service

 

Business information 

Fonda bv

Henri de Saegherstraat 10, 1080 Brussels, Belgium.

hello@wearefonda.com
+32485271573 
BE1008201766

Nederlandstalige Rechtbank van Koophandel Brussel.

Article 1: General provisions

The e-commerce website of Fonda, a BV with its registered office at Henri de Saegherstraat 10, 1080 Brussels, VAT BE1008201766, Dutch-speaking Commercial Court of Brussels

(hereinafter “[Fonda]”) provides its customers with the option of buying products from its webshop.

 
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Fonda, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Fonda.

Article 2: Price

All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.

Any shipping, reservation or administration fees that are charged must be specified separately.

Delivery costs:

For Belgium:

-        For purchases up to 80€, delivery cost is 6,95€.

-        For purchases from 80€, free delivery.

For Europe (The Netherlands, France, Germany, Luxembourg and Sweden):

-        For purchases up to 100€, delivery cost is 8€.

-        For purchases from 100€, free delivery.

 

The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

  

Article 3: Availability

 Although the online catalogue and e-commerce website are carefully assembled, information may still be incomplete, contain errors, or be outdated.  Obvious mistakes or errors in the product selection are not binding for Fonda. With respect to the accuracy and completeness of the provided information, Fonda is solely bound to obligation of means. Fonda is in no way liable in event of obvious material or printing errors.

If the Customer has specific questions about for instance sizes, color, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.

The product selection is valid while stocks last and may at any time be changed or withdrawn by Fonda. Fonda cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

 

Article 4: Online purchases

Fonda description of ordering procedure
- Selected items are collected in the shopping cart.
- By clicking on the shopping cart symbol, you can view the contents of the shopping cart.
- The shopping cart provides an overview of the items, the quantity and the price to be paid. Shipping costs and discounts are displayed later at checkout.
- Clicking on CHECKOUT takes you to the next steps.
- Step 1: fill in the delivery method and delivery address plus details.
- Step 2: the shipping method and delivery costs are displayed, as well as the total amount including VAT.
- Step 3: pay via debit card or credit card
- Step 4: review your order and confirm by clicking Pay Now
- The customer will receive an email confirmation of the order
- Fonda will contact the customer in case of changes in the availability of the items or changes in the delivery time of the items.
- Fonda will email the customer to inform them that the order has been shipped.

The Customer may choose between the following payment methods:

●               by credit card & debit card.

Fonda is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

 

Article 5: Delivery and execution of the agreement

- The customer receives an email confirmation of the order.
- Fonda will contact the customer in the event of
   - changes in the availability of the items
   - changes in the delivery time of the items.
- Fonda will email the customer to inform them that the order has been shipped.

Articles ordered via this webshop will be delivered in Europe.

 

Delivery occurs by Bleckmann Belgium B.V.

 

Delivery costs, see article 2 Price

Delivery time: 2 to 5 working days after receipt of the order confirmation email.

Upon dispatch, the customer will receive an email with a tracking code so that they can track the parcel. If the customer is not present at the delivery address when the order is delivered, the parcel can be collected from a collection point in the area.

Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order. 

Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Fonda.

 

The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Fonda.

 

Article 6: Retention of title

Delivered articles remain the exclusive property of Fonda until the moment the Customer pays for the goods in full.

If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Fonda, e.g. to anyone who would attempt to seize articles that are not fully paid for.

 

Article 7: Right of withdrawal

 

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Fonda.

 

The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.

 

The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.

 

To exercise the right of withdrawal, the Customer must notify Fonda, Henri de Saegherstraat 10, 1080 Brussels, hello@wearefonda.com, in an unambiguous statement (e.g. in writing by post or e-mail) about their decision to withdraw from the agreement.

 

The Customer may input and submit the template withdrawal form or any other unambiguously formulated statement in a digital manner via the following link https//returns.bleckmann.com/consumer/FONDA.  If the Customer uses this option, we will immediately send the customer a confirmation receipt of their withdrawal using a sustainable data carrier (e.g. by e-mail).

 

To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.

 

In any event, the Customer has no later than 14 calendar days from the day that they notify Fonda of their decision to withdraw from the agreement to send back or hand over the goods to Fonda, Henri de Saegherstraat 10, 1080 Brussels or to Bleckmann BV via the following link https//returns.bleckmann.com/consumer/FONDA. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

The direct costs for returning the goods shall be borne by the Customer.

 

The direct costs of returning the goods shall be borne by the Client. The costs are estimated at a maximum of approximately 8 EUR.

 

If a returned product is diminished in value due to use beyond assessing its nature, characteristics, or operation, Fonda may hold the Customer liable and seek compensation for the loss.  

 

Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.

 

If the Customer withdraws from the agreement, Fonda shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that Fonda was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, Fonda may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.

 

Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by Fonda will not be refunded.

 

Fonda shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.

 

 

The Customer may not exercise the right of withdrawal for:

 

●               service contracts after the provision of service has been completed in its entirety.

●               the provision or supply of goods or services whose price depends on fluctuations in the financial market that Fonda has no influence upon and that may occur within the withdrawal period.

●               the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.

●               the delivery of goods that spoil quickly or that have a limited shelf life.

●               the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery.

●               the delivery of goods that are irrevocably mixed with other products after delivery due to the nature of the goods.

●               the delivery of alcoholic beverages where the price is agreed upon when entering into the sales agreement, but where the delivery can only occur after 30 days, and where the actual value is dependent on fluctuations in the market that the business has no influence over.

●               agreements where the Customer specifically requests Fonda to carry out urgent repairs or maintenance.

●               the delivery of sealed audio and video recordings and sealed computer software where the seal is broken after delivery.

●               the delivery of newspapers, journals or magazines with the exception of agreements for a subscription to such publications.

●               agreements that were entered into in a public sale.

●               the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities when the agreement stipulates a specific date or period of execution.

●               the supply of digital content that is not supplied on a tangible medium when the service has started with the explicit prior consent of the Customer and provided the Customer has confirmed that he thereby lost his right of withdrawal (e.g. downloading of music, software, etc.).

●               the agreements for services for betting and lotteries.

 

 

 

 

 

Article 8: Guarantee

 

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.

To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.

For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Fonda customer service and to return the product to Fonda, Henri de Saegherstraat 10, 1080 Brussels, via the following link https//returns.bleckmann.com/consumer/FONDA.

Upon detection of a deficiency, the Customer must inform Fonda as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.

 

The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.

Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.

 

Article 9: Customer service

The customer service of Fonda can be reached at phone number +32 485271573, via e-mail at hello@wearefonda.com or by mail at the following address Henri de Saegherstraat 10, 1080 Brussels. Complaints may be submitted via the customer service contacts listed above.

 

Article 10: Penalties for non-payment

Unless expressly agreed otherwise in writing, the invoice is payable in cash. In the event of non-payment of all or part of the price, the provisions of Book XIX of the Code of Economic Law will apply, and the seller will send the customer a free reminder to pay the amount due within 14 calendar days. If the customer does not pay within that period, the outstanding amount will be increased by an annual interest calculated at the reference interest rate plus eight percentage points referred to in Article 5, paragraph 2, of the law of 2 August 2002 on the fight against theft. payment arrears in commercial transactions calculated from the calendar day following the day on which the free reminder was sent to the customer, as well as a fixed amount of:

A)     20 euros if the balance due is less than or equal to 150 euros.

B)     30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros.

C)    65 euros plus 5% of the amount due on the tranche above 500 euros with a maximum of 2000 euros if the balance due exceeds 500 euros.

Without prejudice to the foregoing, Fonda is entitled to take back the unpaid or incompletely paid for article.

 

Article 11: Privacy

 

The responsible party for processing personal data, Fonda respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.

 

The personal data you share with us is used only for the following purposes: the purpose for which the data was entered, e.g. the execution of the agreement, order processing, and sending newsletters or marketing communications.  

 

You have a statutory right to access, correct, supplement or remove your personal data. Under GDPR, you may ask us to limit how we process your personal data in specific cases.   You have the right to object to the processing of your Personal Data if you have serious and legitimate reasons that exceed our need to process your data. You have the right to request your Personal Data in digital and readable form and/or to have them transferred to another service provider of your choice. Insofar as our processing is based on your prior consent, you have the right to revoke that consent at any time.

 

In the case when information is used for direct marketing purposes, you may preclude the use of your information for direct marketing purposes at no cost to yourself.

 

You can contact us at Fonda, Henri de Saegherstraat 10, 1080 Brussels or hello@wearefonda.com to exercise your rights.  

 

We treat your information as confidential and shall not communicate, rent or sell it to third parties.

 

For more information, see our Privacy Policy www.wearefonda.com.

 

Article 12: Use of cookies

 

Our website uses cookies and similar technologies. This lets us improve your experience and optimize our website.  Without your prior consent, we only place those purely functional cookies that are necessary for the proper functioning of our website. For all other cookies, we ask for your prior consent.

The cookies we use are necessary for the site to function properly, including capabilities like loggin in and adding items to the cart. 

 - Personalization: These cookies store details about your actions to personalize your next visit to the website 

• Personalization: These cookies store details about your actions to personalize your next visit to the website 
• Marketing: These cookies are used by us and our partners, including Shopify, to optimize marketing communications and show you ads on other websites 
  
• Analytics: These cookies help us understand how you interact with the site. We use this data to identify areas to improve. 

On your first visit to our website, you will be asked to accept our cookies. You can manage your choices at any time afterwards.

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive.  To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.

 

Article 13: Invalidation - non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by Fonda to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

 

Article 14: Amendments to the Terms 

These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Fonda. In case of inconsistencies, the present Terms take precedence. 

Article 15: Proof

The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

Article 16: Applicable law - jurisdiction 

Belgian law applies, except where private international law or the Vienna Convention on the International Sale of Goods stipulates otherwise.  Unless the Customer is a consumer, only the courts of the Belgian district have jurisdiction in the case of any disputes.

 

Article 17:  Force Majeure

Fonda cannot be held responsible for the partial or total non-performance of its obligations if this results from an event of force majeure as defined by Belgian case law: strike, pandemic, war, bad weather, failure of a logistics provider, or any other unforeseeable and irresistible external circumstance. In such cases, performance of the obligations will be suspended for the duration of the event.