Terms & Conditions
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of a range of furniture products (the “Goods”) through the website www.sixinch.eu(the “website”).
1.2 You will be asked to give your express agreement to these terms and conditions when you create an account on the website before you place an order.
1.3 This document does not affect any statutory rights you may have as a consumer.
1.4 The personal data you provide us when you register your account will be processed in accordance with the provisions of the privacy statement (www.sixinch.eu).
1.5 Orders via the website are limited to a total purchase amount of 5.000 EUR. Any order exceeding this amount should be sent to info@sixinch.euand will be subject to a separate set of terms and conditions, including specific shipping and delivery conditions.
2. Interpretation & information
2.1 In these terms and conditions:
(a) “we” means SIXINCH BVBA, a company organized and existing under the laws of Belgium, having its registered office at Nassaustraat 36, Antwerp, with company number 0878.900.766; and
(b) “you” means our customer or prospective customer with its residence or registered office situated within the European Economic Area, and “us”, “our” and “your” should be construed accordingly.
2.2 You can contact us:
(a) by post, using the postal address: Nassaustraat 36, Antwerp, Belgium;
(b) using our website contact form (www.sixinch.eu);
(c) by telephone, on (0032) 3 609 57 02; or
(d) by email, on info@sixinch.eu.
3. Order process
3.1 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.2 To enter into a contract through our website to purchase Goods from us, the following steps must be taken:
(a) you must add the Goods you wish to purchase to your shopping cart, and then proceed to the checkout;
(b) if you are a new customer, you must then create an account with us and log in;
(c) if you are an existing customer, you must enter your login details;
(d) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document;
(e) you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment. Please bear in mind that the concerning service might be subject to separate terms and conditions;
(f) we will then send you an initial acknowledgement and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
4. Goods
4.1 The types of Goods offered to you may vary and will be displayed on our website.
4.2 We may periodically change the Goods on our website, and we do not undertake to continue to supply any particular Good or type of Good. Delivery of Goods will always be subject to their availability.
5. Prices
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the Goods, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
5. Payments
6.1 You must, during the checkout process, pay the price of the Goods you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the Goods ordered and/or by written notice to you at any time cancel the contract of sale for the Goods concerned.
7. Deliveries
7.1 Our policies and procedures relating to the delivery of Goods are set out in this Section 7.
7.2 We will arrange for the Goods you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your Goods on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 30 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
7.4 We do guarantee that unless there are exceptional circumstances, all deliveries of Goods to consumers, that is individuals acting wholly or mainly outside their trade, business, craft or profession will be delivered within 30 days following the receipt of payment.
7.5 We will only deliver Goods to addresses within Europe.
8. Cancellation
8.1 This Section 8 applies if and only if you contract with us, as a consumer– as described in Section 7.4 above.
8.2 You may cancel a contract entered into with us through our website (without giving any reason for your cancellation) at any time within the period ending at the end of 14 days after the day on which the Goods come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple Goods, lots or pieces of something, 14 days after the day on which the last of those Goods, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
8.3 In order to cancel a contract on the basis described in this Section 8, you must inform us of your decision to cancel. You may inform us by means of any clear statement setting out the decision. You may also inform us using the cancellation form that we will make available to you on the website. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the Goods back to us (Sixinch BVBA, Nassaustraat 36, 2000 Antwerp, Belgium) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the Goods.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
8.6 You will send the Goods back to us in their original packaging and with all documentation thereto attached. If the value of the Goods returned by you is diminished by any amount as a result of the handling of those Goods by you beyond what is necessary to establish the nature, characteristics and functioning of the Goods, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount directly to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a physical shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the Goods” for these purposes.
8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.8 We will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned Goods or (if earlier) after the day on which you supply to us evidence of having sent the Goods back.
8.9 You will not have any right to cancel a contract as described in this Section 8 insofar as the contract, amongst other exceptions dictated by law, relates to the supply of non-prefabricated goods that are made on the basis of an individual decision by you, or goods that are clearly personalized or “made to measure” for you.
9. Specifications and modifications
9.1 We carefully select the materials and resources for our Goods. While we undertake to match consistence and appearance of the Goods, all Goods that are sold are handmade and subject to commercially acceptable variations or irregularities in color, surface, grain or texture due to the nature of the materials and techniques applied.
9.2 Our Goods often being used outside, may change color in time, due to sunlight but also because of the aging of the materials. Differences in color may also occur from batch to batch.
10. Warranties and representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts – you are at least 18 years old;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the Goods in accordance with these terms and conditions.
10.2 We warrant to you that:
(a) we have the right to sell the Goods that you buy;
(b) the Goods we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the Goods you buy, except as specified in these terms and conditions; and
(d) the Goods you buy will correspond to any description published on our website and the specifications set out in Section 9.
10.3 Furthermore, we warrant that the Goods will be of satisfactory quality and free from defects in design, materials and workmanship for a period of 24 months as from the delivery date.
We will (i) repair or replace free of charge any Goods which are supplied by us or (ii) repair or replace any part or parts thereof, which are shown to our satisfaction to be defective due to faulty materials or workmanship within 24 months from the delivery date of the Good(s).
10.4 We will not be responsible for any claim, where such claims relate to matters not due to our fault, including but not limited to any fault or defect caused by:
(c) faulty handling of the Goods arising from e.g. failure to observe our documentation;
(d) careless operating, handling or misuse of the Good(s);
(e) external sources; or
(f) repairs or alterations to the Goods carried out by parties other than us.
10.5 All of our warranties and representations relating to the supply of Goods are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 We will not be liable to you in respect of any indirect or consequential damages, such as, without being exhaustive, business losses, loss of or damage to profits, income, revenue, use, production, business, contracts, commercial opportunities or goodwill.
11.3 Our aggregate liability to you in respect of any contract to purchase Goods from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
12. Order cancellation
12.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
12.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
12.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
13. Consequences of order cancellation
13.1 If a contract under these terms and conditions is cancelled in accordance with Section 11:
(a) we will cease to have any obligation to deliver Goods which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for Goods which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the Goods).
14. Intellectual property rights
14.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights, such as patent rights, trademarks, designs and models, copyrights, rights in databases, proprietary rights in know-how, including trade secrets and other confidential information, and any other form of legally protectable intellectual or industrial property rights under any jurisdiction whatsoever.
14.2 Upon payment of the price, the (physical) Good will become yours. All intellectual property rights in the designs are and remain our property at all times.
15. Variation
15.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.
16. Assignment
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. No waivers
17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18. Severability
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Entire agreement
19.1 These terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our Goods and shall supersede all previous agreements between you and us in relation to the sale and purchase of our Goods.
20. Law & Jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with Belgian law.
20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive competence of the courts of Antwerp, Belgium.
21. Statutory and regulatory disclosures
21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2 These terms and conditions are available in the English language only.
21.3 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.