The general conditions are in conformity with the provisions of the consumers' agency 'consumentenautoriteit'. These general conditions are applicable to all offers of BUENA VIDA. The general conditions are accessible to all.
Identity of the enterprise
For online clothing
To all orders, offers, and agreements, the present general conditions (read: Conditions) are applicable. Unless established otherwise in writing with BUENA VIDA, the conditions cannot be derogated from. From any such derogations as may be established, the client cannot derive any rights for future transactions.
The placing of an order or the acceptance of an order entails your acceptance of the applicability of the conditions.
2. Prices and agreement/rescission
All prices are not increased within the term of the offer, unless statutory measures render such necessary. All offers are non-committal. All prices on the website are in Euros and inclusive of 21% VAT.
All prices and offers are subject to printing and typing errors. No liability is accepted for the consequences of these errors. The agreement is adopted after acceptance of your order by BUENA VIDA. The enterprise reserves itself the right not to accept an order. If this applies, the client will be informed at all times by e-mail, specifying reasons. If a payment has thereby been conducted already, it will naturally be refunded to the bank account from which the payment was settled.
By placing an order through the website or by e-mail, a legally valid purchase agreement arises which should be followed by a payment. This agreement can only be rescinded if client communicates to us within 14 days after conclusion of this agreement that he wishes to rescind the purchase agreement. The agreement is only rescinded, however, as soon as you receive a confirmation from us by e-mail in which it is stated clearly that the relevant order has been cancelled.
3. Shipment and delivery
Shipment and delivery take place for as long as there is availability. Within the framework of the rules for purchases at a distance, BUENA VIDA will carry out orders within 30 days. If this is not possible (because what was ordered is no longer available or is not in stock), if there is a delay or the impossibility of carrying out an order, or it can only be partially carried out, for another reason, you receive notice within 1 month after placing the order and in such case you will have the right to cancel the order without charges and default notice.
Designated as the place of delivery is the address you have communicated to BUENA VIDA.
The delivery obligation of BUENA VIDA will be considered as complied with, barring proof to the contrary, as soon as the matters delivered by BUENA VIDA have been offered to the purchaser once. In case of home delivery, the report of the transporter, comprising the refusal or acceptance, constitutes full proof of the proposal to deliver.
The prices listed for the products and services offered are in Euros, inclusive of 21% VAT. For transport within Belgium we charge €4.95. For clients from other countries than Belgium, the contribution for shipping costs depends on the country and the value of the order.
It is our aim to send the orders within 1 to 5 business days, following receipt of the entire payment, to the delivery address indicated by you. Were we to deviate therefrom for a specific reason, then you will be notified thereof by e-mail. If you must pick up your parcel, after delivery attempts, from the pick-up location and this does not occur, the parcel Is sent back to us. We will refund the purchase amount minus the shipping costs to you.
If a delivery term, for whatever reason, cannot be realized, this does not confer the right to compensation of damages to you, nor to rescission of the agreement or to non-compliance with any obligation that may flow for you from this agreement or from any agreement related thereto.
Delivery in batches Is permitted.
4. Right of revocation and return
In case of a consumer purchase, in accordance with the law on purchases at a distance 'Wet verkopen op Afstand' (article 7:5 BW, Civil Code), the purchaser has the right to return (a part of) the delivered items within a 14-day period without specifying grounds. This term commences at the moment that the items ordered are offered at the indicated delivery address for the first time. In case you have not returned the delivered items within the established term to BUENA VIDA, the purchase has become effective. You are obliged, before proceeding with the return shipment, to announce it to BUENA VIDA within 14 days after the first delivery attempt. You must prove that the delivered items were sent back in time, for example by way of a proof of mail delivery.
Every item must be controlled upon receipt for any possible errors, imperfections, or damaging. These must be reported to us within 2 days after receipt by e-mail. Items for which an error, damaging, or an imperfection have been identified and which are sent back to us without reporting this are not accepted by BUENA VIDA.
If problems occur, we try to resolve them as soon as possible. If the solution does not meet your expectations, you can choose to cancel the order, such without any further costs. This arrangement lapses in the event:
A. The item has been worn and/or washed;
B. The item is damaged or if you have attempted to restore the damage/the defect yourself;
C. You have not followed the user instructions;
D. The labels and/or accessories are missing;
E. The item was manufactured according to your specification(s).
The costs of your return shipment are at your own expense; we cannot give you a refund for it, unless established otherwise in writing. You must stamp the return sufficiently; we will not accept your return shipment if it is not stamped sufficiently.
You are responsible yourself for the items you have sent back. If damaging has occurred as a result of unsuitable shipping packaging or if the parcel is insufficiently stamped, we serve the right to refuse the return shipment.
The right of revocation cannot be applied to items on offer, discounted items, jewelry, and other items that are hygiene-sensitive.
BUENA VIDA operates on the basis of on-line advance payment or payment in advance by bank transfer. After your payment, you will receive a confirmation by e-mail, indicating the total costs, including shipping. No additional charges are applied for on-line payments. After receipt of your entire payment, we will ship your order. In case a discount code or a voucher was used for payment, no refund can be given for them and the discount cannot be redeemed again. The discount code, gift card or other vouchers can never be exchanged for money.
Any liability of BUENA VIDA and of the staff and the products of BUENA VIDA for all damage, of whatever nature, direct or indirect, including business damage, consequential damage, damage to movable or immovable property or injury to persons, is expressly excluded. BUENA VIDA is not liable either for the damage that is caused by third parties upon the implementation of the agreement.
BUENA VIDA does not accept liability for any possible damage flowing from the use of the items.
Any liability of BUENA VIDA towards buyer is limited in any event to a maximum of the invoice amount that the buyer owes to BUENA VIDA on account of the relevant agreement.
7. Force majeure
In case of force majeure, BUENA VIDA has the right, at their own option, to either suspend the implementation of your order, or to rescind the agreement without judicial intervention, such by stating these matters in writing and such without BUENA VIDA being obliged to pay any damages, unless this, in view of the circumstances given, by standards of reason and fairness would be unacceptable.
By force majeure is intended any shortcoming that cannot be attributed to BUENA VIDA, because it cannot be blamed on their fault and cannot be attributed to them either pursuant to the law or to commonly held opinion.
BUENA VIDA is authorized to make use of third parties for the implementation of your order(s).
If you state an address in writing to BUENA VIDA, BUENA VIDA has the right to send all orders to that address, unless you indicate another address to BUENA VIDA in writing, to which your orders must be shipped.
In case one or several of the provisions of these conditions or any other agreement with BUENA VIDA is in conflict with any applicable legal prescription, the relevant provision will come to lapse and it will be replaced by a new, comparable provision to be established by BUENA VIDA that is legally admissible.
9. Applicable law and disputes
To all rights, offers, orders, and agreements to which these conditions are applicable, Netherlands legislation is exclusively applicable.
Any possible disputes that cannot be resolved without the intervention of a court of law, will be submitted to a court to be designated by BUENA VIDA.
10. Pictures and specifications
All pictures, photographs, drawings, etc.; data regarding weights, dimensions, colors, pictures of labels, etc. on the website of BUENA VIDA are only valid by approximation, are Indicative, and cannot constitute grounds for compensation of damages or for the rescission of the agreement.
BUENA VIDA BOUTIQUE