Terms and Conditions

Business information

Trade name: SAM, sensory & more; (SAM)

Business name: AND MORE bvba
Geographical address of the business: Bolwerkstraat 53, 2200 Herentals, België

Contact: 0032 470 46 41 32
E-mail: [email protected]
Enterprise number: BTW BE0721 748 195
RPR: Antwerpen


Article 1: General provisions

The e-commerce website of SAM, a BVBA with its registered office at Bolwerkstraat 53, 2200 Herentals, Belgium, VAT BE0721 748 195, RPR Antwerp (hereinafter “SAM”) 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 SAM, 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 SAM.


Article 2: Price


All prices listed are expressed in EURO, GBP of USD, depending on the currency you choose on the website. Prices always include VAT and all other required duties or taxes that the Customer must bear. An exception to this are international shipments outside of Europe where all extra customs costs and taxes are the responsibility of the customer. As these costs are paid by the customer, it is recommended that you as a customer ask the local authorities what the costs will be.

Keep in mind that free shipping only applies to certain purchase amounts stated on the website. Below these minimum amounts, shipping costs are charged.


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

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for SAM. With respect to the accuracy and completeness of the provided information, SAM is solely bound to obligation of means. SAM is in no way liable in event of obvious material or printing errors.


If the Customer has specific questions about for instance sizes, colour, 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 SAM. SAM 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

The sales agreement is concluded between the Seller and the adult client (the 'Client'), when the order confirmation appears on the client's screen. Everyone who places an order with the Seller declares that he agrees with these terms and conditions. The electronic proof (for example: e-mail, backups, ...) is accepted by all parties involved within the framework of the sales agreements and relationships.

 

By placing an order with SAM, the customer agrees to the sales, delivery and payment conditions. SAM reserves the right to refuse orders, a portion of orders or customers or to deliver an order incomplete. For products that have not been delivered, the customer will receive an email from SAM. Overpaid products will be reimbursed if necessary. SAM is only bound to an order after SAM has confirmed or after SAM has started the implementation. When placing the order, the customer communicates his name, address and payment information. The customer guarantees that the information provided by him is true.


SAM works together with partner Multisafpay for a secure payment environment. This payment platform is integrated in the samsensoryclothing webshop. Payment can be made via Multisafepay, credit card (Visa or Mastercard), via Bancontact / Mister Cash and Maestro, KBC, Belfius, ING, iDEAL and Sofort banking. More information about Multisafepay can be found at https://www.multisafepay.com.

 

SAM 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

Items ordered through this web store are delivered in following European countries: Belgium, the Netherlands, Luxembourg, Germany, France, Italy, Spain, Finland, Portugal, Austria , Denmark, Greece, Ireland, Sweden, Poland, Czech Republic, Hungary.

The delivery is done by Bpost. The costs and delivery times depend on the destination and chosen delivery method.

SAM tries to ensure the fastest possible delivery. Delivery times quoted are indicative and are given purely as an indication. SAM cannot be held responsible for delays incurred without the will of SAM. The customer delivers the delivery address to the SAM. If this address proves to be incorrect, this is the responsibility of the customer and additional costs may be charged. In the event of non-delivery of the goods, any amounts paid by the customer will be reimbursed without interest or other compensation

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 SAM.

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 SAM.

 

Article 6: Retention of title

Delivered articles remain the exclusive property of SAM 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 SAM, 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 SAM.

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  of the conclusion of the agreement

To exercise the right of withdrawal, the Customer must notify SAM, sensory & more, Bolwerkstraat 53, 2200 Herentals, Belgium, [email protected] in an unambiguous statement (e.g. in writing by post, fax or e-mail) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.

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 SAM of their decision to withdraw from the agreement to send back or hand over the goods to SAM, sensory & more, Bolwerkstraat 53, 2200 Herentals, Belgium. 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.

If the returned product is reduced in value in any way, SAM is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.

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, SAM 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 SAM was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, SAM 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.

SAM 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.

 

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 SAM  customer service and to return the product at their own expense to SAM.


Upon detection of a deficiency, the Customer must inform SAM 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

SAM customer service can be reached via e-mail at [email protected] or by mail at the following address Bolwerkstraat 53, 2200 Herentals, Belgium. Any complaints can be made through the aforementioned customer services contact methods.

 

Article 10: Penalties for non-payment

Without prejudice to the exercise of any other rights that [...] is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.


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

 

Article 11: Privacy

 

The responsible party for processing information, AND MORE bvba respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.

The personal information you share with us is used only for the following purposes: the processing of the order, sending of newsletters, and advertising and/or marketing purpose.

You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to SAM, Bolwerkstraat 53, 2200 Herentals, Belgium or  e-mail [email protected] If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.

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. To do so, you can always contact us in the aforementioned manner at SAM, Bolwerkstraat 53, 2200 Herentals, Belgium or  e-mail [email protected]

We treat your information as confidential. It is possible that the personal information received from you may be communicated to our  collaborating businesses such as logistics centers with which we cooperate for storage and dispatch.


The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus [...] has no access to your password.

 
SAM saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.

If you have any questions about this privacy statement, please contact us at SAM.

 

Article 12: Use of cookies

When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.

 “First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.

“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.

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.

If you use our website, you agree to the use of cookies.

 

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 SAM 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 SAM. 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 is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods.

Unless the Customer is a consumer, only the courts of the consumer district have jurisdiction in the case of any disputes.