Terms & Conditions
A. SCOPE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
These terms and conditions of sale shall apply to all offers, purchases and in general any other operations on the website of https://shop.levelupwear.com.
Available on https://ark8.net, these general terms and conditions are systematically provided by way of information to all buyers to enable them to place an order. Placing an order therefore entails the full adherence to these general terms and conditions on the part of the buyer without reservations.
Every order placed on https://ark8.net shall entail full and unconditional acceptance of these general terms and conditions.
Any contrary condition put forth by the buyer, unless explicitly accepted, may not be relied upon against the seller, irrespective of the time when it may be brought to his attention. The fact that the seller does not avail himself of any one of these general terms and conditions of sale at a given moment, shall not be misconstrued as a waiver of the right to assert any of said conditions at a later time.
The information contained in advertisements, brochures or other written documents provided directly by agents or employees of the company and/or disseminated or communicated on any media, and in particular via the Internet, shall constitute an invitation to treat and shall not have contractual value.
Failure to become cognisant of our terms and conditions in your native language may not result in the unenforceability thereof against you.
By ticking these general terms and conditions, the Customer acknowledges that he:
- is fully responsible for decisions or vested with authority by the appropriate person to undertake a commitment for an Order placed with LEVEL UP WEAR SA;
- has become cognisant, in addition to the information provided in these general terms and conditions, of information on the essential characteristics of the products that he orders.
The information provided by the buyer at the time that the order is taken shall be binding for him. In the event of erroneous or incomplete particulars of the addressee, LEVEL UP WEAR SA shall not be held liable because the delivery cannot be made.
LEVEL UP WEAR SA reserves the right to change or alter these general terms and conditions at all times.
For the purposes of these general terms and conditions, terms below are defined as follows: “General Terms and Conditions of Sale”: this document, i.e. the terms and conditions applicable to the Customer and LEVEL UP WEAR SA.
“Customer”: a person or company who uses the website and acquires one or more products, via the website, having adhered to the general terms and conditions of sale beforehand.
“Items” products for sale on the website, i.e. items presented on https://shop.levelupwear.com, which you can purchase by clicking on the appropriate buttons.
“Order”: the order for one or more products placed by the customer on https://shop.levelupwear.com. The web page called “your basket,” displayed when you click on “add to basket,” contains a list of the Items and the total price of your purchases.
“Website”: the website accessible at the address https://shop.levelupwear.com
“Contract”: the contract composed of these general terms and conditions of sale and the Order you have concluded under a distance selling system via https://ark8.net
“Data”: all data of a personal nature that concern you (forename, surname, identity card number, invoicing address, delivery address, etc.) communicated to https://ark8.net to enable it to process the Order.
“Username”: the e-mail address you choose when you register. This e-mail address must be entered each time you log on the website.
“Delivery”: the operation by which the Items are actually placed at the buyer’s disposal by LEVELUPWEAR.
“Password”: the personal and confidential password you choose when you register and which you must enter when LEVELUPWEAR asks you to do so.
“Price: the price of each item, exclusive of VAT.
C. OFFEROR / LEGAL INFORMATION
LEVEL UP WEAR is a SA (in French), with a capital of €163.000,00.LEVEL UP WEAR
Rue du Sceptre, 25
Intra-Community VAT N°: BE0890.015.382
D. GENERAL TERMS AND CONDITIONS
Orders shall be placed exclusively via the Internet on https://ark8.net
1.1 Order placement
The customer may place orders only via the website or by e-mail.
To be able to purchase a Product when placing his first order on https://ark8.net, the Customer must open a customer account and complete a form with a number of required fields considered as information necessary for the management of said order and the commercial relations, so that his order can be taken into account.
During registration, the buyer must choose a Username (e-mail address) and a personal and exclusive password. He shall be solely responsible for their confidentiality. He may change the Username or password at all times by following the instructions provided on the website. In placing an order, the buyer shall accept that the data provided after he has entered his Username and password constitute proof of his identity and can be used for the procedures for invoicing and delivery.
Non-emancipated minors do not have the legal capacity to contract. Data collection among minors shall require the consent of parental authority.
LEVEL UP WEAR SA draws the Customer’s attention to the fact that ordering on the Website is secure.
The Customer must verify carefully the Product(s) ordered, the quantities ordered, and the place where the Order is to be delivered.
1.2 Confirmation of the Order
If LEVEL UP WEAR SA accepts the Order, it shall notify said acceptance by issuing an Order Confirmation sent to the Customer at the latter’s e-mail address.
The sale shall be final only after the order confirmation has been sent to the customer by LEVEL UP WEAR, specifying the shipment of the products.
LEVEL UP WEAR SA reserves the right to refuse any order from a customer for a legitimate reason in accordance with the legislation in force.
It shall thus be entitled to refuse any order that is abnormal or placed in bad faith. Furthermore, the company shall be entitled to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order placed with LEVEL UP WEAR, or with another merchant.
1.3 Cancellation of the Order
1.3.1 Cancellation of the Order by the Company
An Order may always be cancelled by LEVEL UP WEAR SA in case of:
- unavailability of the Product(s) ordered;
- failure by the Customer to pay for the order within the prescribed time;
- force majeure [in particular: unforeseeable delay in deliveries or defective deliveries from suppliers];
1.3.2 Unavailability of the Product(s) ordered
Owing to the specific nature of the Internet, the company does not guarantee the availability of all products on its website in real time. If one of the products is temporarily or definitively unavailable, the company shall inform the Internet surfers accordingly via its website or by sending an email to a valid e-mail address provided by the customer. The company will then propose to replace the ordered product by an equivalent product (in terms of quality and price), a credit note, or the right of rescission (cancellation of your order).
1.3.3 Cancellation of the order by the customer
To be taken into consideration, a request to cancel an order must be made before the products are shipped, and at the latest one hour after the registration thereof. No cancellation will be possible beyond that deadline.
1.4 Withdrawal period
In accordance with Belgian law, any non-professional customer, who falls under the consumer protection legislation in force in Belgium, shall be entitled to notify LEVEL UP WEAR SA that he cancels his purchase within 14 days.
The request must be notified beforehand by sending an email to firstname.lastname@example.org
To that end, the customer undertakes to return his order under the same conditions as those applicable to the shipment, accompanied by a return form (downloadable by clicking on this link), within the aforementioned time limits.
The product shall be returned by parcel tracked by B-Post or by registered shipment for Europe, in its original state.
Opened, unsealed, dirty, incomplete, damaged or non-compliant items are not entitled to the right of return. In such a case, you shall remain the owner of the product. If you wish, the product will be sent back to you and the shipping charges shall be at your expense.
The shipping and return charges are always at the customer’s expense.
The items must be returned to the following address:
LEVEL UP WEAR
Rue du Sceptre, 25
The right to withdraw shall not apply to items made at the consumer’s specific request or which are clearly customised (choice of customised postal code and colour (pull or code).
1.5 Consequences of the withdrawal
If the Order is withdrawn, payment already made by the Customer and collected by the Company shall be reimbursed according to the same method of payment chosen by the Customer, less shipping expenses, and to the exclusion of any compensation or damages, in accordance with the legal provisions in force in the Benelux countries, i.e. within a maximum period of 30 (thirty) days as of the day following the one on which the Customer transmitted his Order;
To benefit from this practical, safe and rapid service, the Customer shall provide his IBAN account number on the dispatch slip that accompanies the returned items.
All the prices of items shall be indicated in Euros, exclusive of all taxes, and exclusive of shipping and handling charges.
Any change in the applicable rate of VAT could be passed on to the prices of the products.
LEVEL UP WEAR may have to change its prices at all times, but shall ensure that the products are invoiced on the basis of the rates in force at the time the order was booked, subject to availability on that date and receipt of actual payment.
Pursuant to Articles 1226 ff. of the Civil Code, the Customer who terminates the aforementioned contract unilaterally and prematurely, shall pay LEVEL UP WEAR the flat-rate and irreducible sum of €62.00 by way of penalty clause.
LEVEL UP WEAR SA shall moreover have the option of claiming higher damages when it can prove the scope of its loss.
3. Reservation of ownership clause
The products and items sold shall remain the property of LEVEL UP WEAR SA until the price is paid in full.
Payment in full must be made when placing the order.
Payments shall be made by bank card, through the secure system PAYPAL that encrypts all the information relating to the use of the card during the online payment transaction via the website, or by Carte Bleue, Maestro, MasterCard, or Visa.
During payment, the buyer must indicate the name of the card holder, as well as the number of the card, its expiry date and the cryptogram thereon (3-digit code used for transaction security purposes).
LEVEL UP WEAR SA may not be held liable for the consequences of any use of the credit card, fraudulent or otherwise, by a third party, in particular in case of message interception.
The buyer is also advised to provide a telephone number where he can be easily reached.
The credit card shall be charged after you have been invoiced for your items.
In case of a dispute relating to the payment, only the payment service provider may be held liable.
5. Data and payment security
The website levelupwear.com uses one of the most advanced security systems at this time to provide optimal protection for all sensitive data relating to the means of payment.
LEVEL UP WEAR at no time has access to the surfer’s banking details. That is why his particulars will be requested for every new order. Only the Europabank will have the confidential information necessary for the transaction, which shall be inaccessible to third parties.
To guarantee buying with complete security LEVEL UP WEAR has put in place all the procedures necessary for your protection against fraudulent use of your bank card:
- Secure payment website;
- Checking and blocking of orders identified as fraudulent;
- Checking and blocking of IP addresses identified as fraudulent;
If you detect a fraudulent debt on your bank account, contact your bank immediately.
6. Geographic area
LEVEL UP WEAR ships worldwide.
The normal delivery period is about 3-10 working days [unless indicated otherwise on the website] and is provided for information only.
We do not deliver to hotels or public places.
It is important to specify the delivery method when the order is placed. LEVEL UP WEAR SA may not be held liable in case of error.
7.2 Delivery incidents
7.2.1 Delivery delay:
Neither LEVEL UP WEAR nor the carrier can be held liable if the delivery is late or cannot be made in case of force majeure, inclement weather or errors in the delivery address.
In case of delay, damage, theft, etc., the customer shall have recourse only against the carrier.
If the buyer is not present on the day of delivery, a note mentioning that the deliveryman came by shall be deposited indicating the address of the postal point where the parcel will be available for 15 days.
In the event of a delay from the date indicated on the order, please contact Customer Service to open a delivery inquiry with the carrier concerned.
To lodge a complaint with Customer Service, please indicate your particulars, invoice number, references or the product(s) on the invoice, and specify the reasons for your complaint.
7.2.2 Incomplete or non-compliant delivery
The buyer shall be required to verify the state of the packaging of the goods and of the contents upon delivery of the order.
The packaging may have been damaged or the contents may have been partially or totally stolen or an error may have occurred when preparing the shipment.
In case of complaint concerning any defects or shortcomings (missing product, damaged parcel, broken products, etc.), the surfer must mention his observations accompanied by a photo, first by sending an e-mail to Customer Service at email@example.com, but also, within the 2 days that follow, by letter with acknowledgement of receipt, to company headquarters: LEVEL UP WEAR SA, 48, Rue Alfred Giron, 1050, Ixelles, Belgium.
7.2.3 Lost parcel:
If one or more parcels were lost by one of our transport service providers, please inform us as promptly as possible by sending an e-mail to Customer Service at firstname.lastname@example.org
The company shall conduct an inquiry of the services concerned.
8. Shipping rates
|Rest of the World||34.99€|
LEVEL UP WEAR shall be liable for non-conformities regarding the object of the contract and latent defects under the conditions provided in Articles 1641 to 1649 of the Civil Code.
Article 1641 of the Civil Code
“The seller shall warranty claims for latent defects of the sold item which make it unfit for its intended purpose, or which reduce the usability thereof to such a degree, that the buyer would not have purchased it, or would have paid a lower price, if he were aware of them.”
Item 1648 of the Civil Code
“Action for redhibitory defects must be taken by the buyer within a short period, depending on the nature of said redhibitory defects, and the established practice at the venue where the sale took place.”
For any technical problem or request of information, contact Customer Service email@example.com within a period of 8 days (for Belgium) and 15 days (for abroad), after the delivery date by registered letter or by e-mail to LEVEL UP WEAR. No complaint shall be taken into consideration, no items taken back, and no discount granted beyond that deadline.
A product may be returned only after a prior complaint and request and if the buyer follows the instructions of Customer Service.
Slight differences in quality, colour, width, weight, manufacturing or design may not entail refusal of the merchandise.
Justified complaints shall entail the return or replacement of the merchandise, but without compensation for direct or indirect damages.
If an item under guarantee is returned, it must be returned in its original packaging, accompanied by any accessories, instructions for use and documentation, and the e-mail of consent for the return from Customer Service of LEVEL UP WEAR.
Any incomplete return or where the packaging is damaged will be refused and sent back to the customer at the latter’s expense.
Upon ascertaining that the product does not conform to the offer, LEVEL UP WEAR shall proceed to exchange it with a product of the same reference and of the same or superior quality, depending on availability. In such a case, the buyer will have the option of asking for reimbursement.
If the product is not available, LEVEL UP WEAR will proceed to reimburse the price [exclusive of shipping charges].
The products offered are compliant with the Belgian legislation in force.
They are non-discounted textile goods.
The essential characteristics of each item are described on the appropriate pages of the website.
The photographs, product datasheets, dimensions, colours presented on the website and tests illustrating the products shall be as faithful as possible to the items that are sent to you. LEVEL UP WEAR cannot however be held liable for minor differences [imprecisions, errors or omissions].
LEVEL UP WEAR shall not be held liable either for the non-performance of the contract in the event of an unforeseeable or insurmountable event by a third party to the contract [disturbance, total or partial strike, in particular of postal services, means of transport and/or communication, floods, fire, etc. …] or the customer’s fault. LEVEL UP WEAR shall naturally do its utmost to find a solution to perform the contract as promptly as possible.
LEVEL UP WEAR shall under no circumstances be held liable for any delay in the execution – or non- execution – of an order, or a delay in or non-performance of a technical or other clause, for reasons beyond its control (depletion of stocks at the suppliers, etc.). In such a case, LEVEL UP WEAR shall be entitled to delay delivery within reasonable limits or simply to cancel the order.
The products proposed for sale directly by LEVEL UP WEAR are those which are featured on https://levelupwear.com, the day that a surfer consults said website and as long as supplies last.
In the online selling process, LEVEL UP WEAR shall not be held liable for damages resulting from the Internet such as loss of data, hacking, virus, interruption of service and other problems beyond its control.
The contractual or quasi-tortious liability of LEVEL UP WEAR shall be limited to the reimbursement of the price for the Order and shall not entitle the Customer to any other compensation.
11. Data protection
The data provided by the buyer shall be protected in accordance with the personal data protection act. The buyer shall have the right to access and correct the data at all times, by simply going to “My account” on the website.
The Buyer undertakes to communicate the data necessary for the processing of the order and for any other marketing operations without assuming the identity of any other person or using a false name.
LEVEL UP WEAR shall consequently not be held liable in case of errors or inaccuracies as to the surfer’s delivery address.
By placing an order, the Customer consents to the fact that the Company may store, process and use the data collected from his order to process that order.
The Customer shall authorise the company to engage in commercial solicitation by sending him e-mails concerning its products or services.
If the customer does not wish to receive such information any longer, he can send an e-mail to that effect.
12. Intellectual property
The use of the websites https://ark8.net are reserved exclusively for personal use.
The website and all its elements are protected by the intellectual property rights in force.
All models, texts, comments, works, photos, illustrations and images, whether audio or video, including the underlying technology, reproduced on https://levelupwear.com and https://ark8.net, shall be protected by copyright, trademarks, patents, and image rights. They shall be the exclusive property of LEVEL UP WEAR or its partners.
They shall be the exclusive property of LEVEL UP WEAR.
Any public reproduction or communication of trademarks, texts, photograph or material disseminated on this website, without the prior, express and written consent of LEVEL UP WEAR, is strictly prohibited. Any hypertext link referring directly to this website shall be subject to prior, express authorisation.
13. Customer Service
Our Customer Service is at your entire disposal for any further information or question, at firstname.lastname@example.org by e-mail via the contact form on the website.
14. Applicable law and competent courts
This contract shall be governed by Belgian law, and is available in English.
In case of disputes, the parties shall try to reconcile themselves.
Otherwise, they recognise as for now that only the Brussels courts [Justice of the Peace of the 3rd canton of Brussels) shall be competent and that Belgian law shall apply.
For private individuals, the competent court in case of a dispute shall be that of the defendant’s domicile or, at the defendant’s choice, that of the place where the product was actually delivered.
15. Technical problem
If customers encounter a technical problem on the website, they are requested to contact LEVEL UP WEAR by sending an e-mail to email@example.com.
LEVEL UP WEAR will spare no effort to solve the problem as promptly as possible and may not be held liable.
These general terms and conditions of sale were drawn up on 13 January 2017.