General Terms and Conditions www.the-acquired.com

Table of contents

Article 1 - Application of the General Terms and Conditions
Article 2 - Identity of the seller
Article 3 - Applicability and conditions
Article 4 - Our offer and your order
Article 5 - Right of withdrawal
Article 6 - The price
Article 7 - Payment
Article 8 - Retention of title, risk and damage
Article 9 - Legal warranty
Article 10 - Shipment and delivery
Article 11 - Force Majeure
Article 12 - Intellectual property
Article 13 - Severability
Article 14 - Complaints and applicable law
Article 15:  Alternative dispute resolution

Article 1 - Application of the General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as "GTC") of Lynn Mikolajczak, trading as "The Acquired" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop (hereinafter referred to as "The Acquired"). The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

Article 2 - Identity of the Seller

This website, including sub-domains and services offered, is managed by Lynn Mikolajczak, with a registered office at Bareldonkdreef 16, 9290 Berlare, Belgium and registered in the Kruispuntbank der Ondernemingen (KBO) under the number 0694.603.340.

Article 3 - Applicability and conditions

3.1. Placing an order on this website constitutes explicit acceptance of our general terms and conditions of sale, which are always available on the website.

3.2. We deliver to Belgium, the Netherlands, Luxembourg, Germany, France, Austria, Spain and Italy. If you, as a consumer, choose to have your order delivered to another country than mentioned above, you can always contact us to check whether delivery is possible in the country in question.

3.3. To be able to place an order, you have to be at least 18 years old. If you are not 18 years old, we ask you to let your parents or legal guardian place the order. If we notice that an order has been placed by a minor, we can refuse this order. 

3.4. If additional special terms and conditions apply in addition to these GTC, the above will also apply to those special terms and conditions. If our GTC should conflict with those special conditions, you, the consumer, can always invoke the most favourable text in your favour.

Article 4 - Our offer and your order

4.1. If an offer has a limited validity or is subject to certain conditions, we will state this explicitly in our offer.

4.2. We always endeavour to ensure that all information on the website is correct, clear, precise and up-to-date. We can change, supplement or delete our website and its content at any time. If we use images, these are a true representation of the goods and/or services offered. Should there be any shortcomings or ambiguities in descriptions, photos, price lists or other information on our website, we will make every effort to correct them as soon as possible. If we are obviously mistaken, we are not obliged to deliver your order. The Acquired is not liable for any direct or indirect damage that might occur by using the information, products and services offered.

4.3. Your order is complete and the agreement between us is final as soon as we confirm your order by e-mail and as soon as we receive the approval of the card issuer for your payment transaction by credit or debit card. We accept payments via Bancontact, iDEAL, Mastercard, VISA and SEPA Bank Transfer. If the issuer of your card refuses to accept payment to The Acquired, we cannot be held responsible for delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed. 

4.4. To purchase a product, add the product to your shopping bag/shopping cart. Then enter your contact information and any billing information. In the last step you get an overview page, accept our GTC and confirm your purchase and payment by pressing the order button. Once you have completed these steps, your purchase is final.

4.5. Order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for the order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

Article 5 - Right of withdrawal

5.1. If you buy goods from us, you have the right to decide not to keep the goods for 14 days after delivery. You can then return your order without paying a penalty and without giving a reason.  Within 14 days of receiving your order back, we will refund you the purchase price of the goods. You can also choose to receive a voucher for the value of the purchase amount, which you can use on your next purchase.

5.2. The shipping cost for returning the purchased goods for parcels, which fall within the standard dimensions of DPD, is 4 euros. This amount of 4 euros is at your expense as a consumer and will be deducted from the refund of the return.

5.3. If the product does not fall within the standard dimensions of DPD, we will contact you to indicate the cost of returning the goods.

5.4. If you are returning goods, this must always be done together with the original packaging, with all delivered accessories and in the original state and product packaging and taking into account our return instructions. Specially ordered or custom-made products at your request, and products that are not suitable for return due to health protection or hygiene reasons such as cosmetics and underwear, can only be returned with intact unopened packaging. Worn, soiled, smoked, washed, damaged or repaired goods can never be returned. 

5.5. You can return your package via a DPD pick-up point after you have received a label from us.

5.6. To exercise the right of withdrawal, you must inform us via e-mail at office@the-acquired.com of your decision to withdraw from the contract by means of an unequivocal declaration. You may use the attached model withdrawal form (Article 5.8) for this purpose, but you are not obliged to do so. 

5.7. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 

5.8 Model withdrawal form

If you wish to cancel the contract, please complete and return this form.

To

Lynn Mikolajczak
The Acquired
Bareldonkdreef 16
9290 Berlare
Belgium
E-mail: office@the-acquired.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________   / Received on (*) ____________ 

________________________________________________________

Name of consumer(s)

________________________________________________________

Address of the consumer(s)

________________________________________________________

Signature of the consumer(s) (only in case of paper communication)

Date ________________________________________________________

(*) Cross out where not applicable

(**) By filling out this form, I acknowledge that, with regard to sealed goods, I may only exercise the right of withdrawal if the original seal is intact. The Acquired shall be entitled to refuse the right of withdrawal if it receives back the goods without seals or with broken seals.

5.9. All refunds will be made automatically to the account that you used for the payment. For payments by bank transfer and prepayments, the refund will be made to the account from which the payment was made. If you paid by Paypal or credit card, the refund will be made to your Paypal or credit card account. If you used a gift card for your purchase, we will credit the amount to your gift card account.

Article 6 - The price

6.1. During the period mentioned in our offer, our prices do not change, except for price changes due to changes in VAT rates. 

6.2. Our prices include all taxes, VAT, duties and exclude shipping costs.

Article 7 - Payment

7.1. We can only accept payment via the payment modules on our website.

7.2. In order to ensure secure online payment and the safety of your personal data, transaction data is sent over the Internet encrypted using SSL technology. You do not need any special software to pay with SSL. You will recognise a secure SSL connection by the icon in the bottom status bar of your browser.

Article 8 - Retention of title, risk and damage

The delivered products remain the exclusive property of The Acquired until full payment has been made. The risk of damage to or loss of the goods passes to you upon delivery to you, which happens at the moment that you or a third party designated by you who is not the carrier, takes physical possession of the goods.

You must immediately report any visible damage to the products that you notice upon receipt of the product (s) to The Acquired via office@the-acquired.com.

Article 9 - Legal warranty

9.1. The Acquired is not responsible for the interrupted or limited availability of or access to the website, malfunctions depending on the computer system, viruses or other inconveniences or damage in the broadest sense of the word that could arise through the use of the webshop.

9.2. We guarantee that our goods are in conformity with your order and meet the normal expectations that you may have, taking into account the specifications of the product. We also guarantee that our goods comply with all laws existing at the time of your order.

9.3. You can invoke the legal warranty if the delivered product (s) is/are not in conformity with the purchased product(s) and if the non-conformity is established within two years from delivery. You must inform The Acquired of this non-conformity within a period of two months from the day on which you discovered the defect. If the product(s) show(s) defects and/or damage(s) within the first six months after delivery, it is assumed that the defect has existed since delivery. The Acquired will have to prove the contrary if it does not agree with this. If defects and/or damage to the product(s) are found more than six months after delivery, you must prove that the product(s) are non-compliant upon delivery. You cannot invoke the legal guarantee for changes in delivery times or for defects of which you were aware at the time of the order.

In case of complaints about the non-conformity of the product(s), you can contact The Acquired via the email address office@the-acquired.com.

9.4. Normal or ordinary wear and tear, unintentional or deliberate changes made to the product, failure to present an invoice or valid proof of payment and various omissions are express but not exhaustive exceptions to the above-mentioned guarantee system.

9.5. Any compensation in respect of the guarantee can never exceed the amount invoiced and paid by you for the product concerned.

9.6. The Acquired cannot be responsible for theft of the product(s) (unless during transport arranged by The Acquired for delivery), loss or material or other damage of any kind that you or a third party would suffer during use of the products.

Article 10 - Shipment and delivery

10.1. All goods shall be delivered to the address indicated by you when you place your order.

10.2. If an article is in stock, The Acquired aims to ship your order within 2 business days after receiving your payment. Within Belgium and the Netherlands, deliveries may take 2-4 business days. Other EU country deliveries will arrive within 3-5 business days from the date of shipment. Please note: Saturday, Sunday and public holidays are not considered business days.

An order placed on Friday afternoon or during the weekend will be processed on Monday.

During busy periods such as, but not limited to, the end of the year period or the sales, or in exceptional circumstances such as Covid19, delivery times may be slightly longer.

10.3. Deliveries are made by DPD between Monday and Friday. With the 14-digit parcel number, you can easily track your package online. On the day of delivery, you will receive an accurate prediction of what time the driver will be at your door. If that doesn't suit you, you still have the option to give the driver other delivery instructions. If you are not at home, DPD will deliver your package to the nearest Pickup Parcel Shop. Your parcel must then be picked up at the Pick-up shop within 7 working days.

10.4. In principle, all products are delivered by DPD. In exceptional circumstances or if the product does not fit within the standard parcel dimensions of DPD, another logistics partner will be called in. 

10.5. Shipping costs and expected delivery terms:

• Belgium: 4,99 EUR
• The Netherlands: 4,99 EUR
• Luxemburg: 8,50 EUR
• Germany: 8,50 EUR
• France: 8,50 EUR
• Austria: 15,50 EUR
• Spain: 15,50 EUR
• Italy: 15,50 EUR

10.6. If the goods delivered by us were damaged in transit or do not match the items listed on the delivery note or do not match the items you ordered, you must report this as soon as possible and certainly within 3 days of delivery by e-mail to office@the-acquired.com and return the items to us within 14 calendar days of receipt.

10.7. We cannot be held responsible for any consequential loss due to late delivery or non-delivery by the carrier. Our liability in such cases shall be limited to the value of the items proven not to have been received by the customer.

10.8. The delivery of goods shall be made by dispatch to the delivery address provided by the customer unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.

10.9. If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provision on this in the seller's instructions on withdrawal shall apply to the costs of returning the goods.

10.10. Self-collection is not possible for logistical reasons.

Article 11 - Force majeure

11.1. Force majeure is any circumstance outside our will and control that prevents us from fulfilling our obligations in whole or in part. We understand this to include exceptional weather conditions, strikes, fire, business interruptions, energy failures, failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other third parties used, etc.

11.2. In the event of force majeure, we have the right to suspend our obligations for the duration of the force majeure or to definitively dissolve the agreement.

 

Article 12 - Intellectual property

12.1. Our website, logos, texts, pictures, names and in general all our communications are protected by intellectual property rights which lie either with us or with our suppliers or other entitled parties.

12.2. It is prohibited to use and/or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photographs, names, texts, logos, etc. without the prior and express written consent of The Acquired.

Article 13 - Severability

If one or more provisions of these terms and conditions is/are not valid or if an explicit derogation is agreed upon, this does not affect the validity and applicability of the other clauses of these terms and conditions. In this case, the invalid provision should be moderated to what is permitted by law.

Article 14 - Complaints and applicable law

14.1. We strive for maximum customer contentment. If you have any comments about our products or services, you can always contact us at office@the-acquired.com. We will then contact you as soon as possible. 

14.2. All agreements that we conclude with our customers, regardless of their place of residence, are governed exclusively by Belgian law and, in the event of a dispute, only the competent Belgian courts are competent. If for reasons of international law, another law should nevertheless apply, the interpretation of these general terms and conditions will be based, in the first place, on the Belgian Law on Market Practices and Consumer Protection.

Article 15 - Alternative dispute resolution

15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchases or service contracts involving a consumer.

15.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.