Terms & Conditions
Welcome to capstudio.be (‘website’), which is owned and operated by CAP, a brand of the Belgian based company Project Productions NV with company number 0425150802 and registered office in Belgium, 2018 Antwerpen, Lange Lozanastraat 189. For further information about our contact details and us please go to our CONTACT section. Our website provides information about us, our collection, and also showcases and sells our garments (‘products’). You can purchase our products from the website and find out information about our current collections and products.
The following terms and conditions apply to all visitors or users of the site. By using this Site and by ordering our Products, you agree to be bound by these terms and related policies, as they may be modified by us at any time and posted on this website. This is why CAP advises you to thoroughly read through all of the below mentioned terms and conditions before accessing or using the website. In case of contradiction or silence from this terms and conditions, the Belgian law will be applicable.
The terms and conditions which are applicable on the order are the terms and conditions which were published at the time that the order was made. CAP recommends you to print or save a copy of these terms and conditions for future reference.
These terms and conditions were last changed on May 5, 2020.
If you have any queries or concerns regarding these terms and conditions, please contact us at firstname.lastname@example.org.
SECTION 1 – CAPACITY IN LAW AND ACCEPTANCE
Anyone wishing to buy products from CAP must have capacity to act in law. Should anyone be declared without capacity, they may not buy any products on our website and so acquire the capacity of customers. They must then purchase via their lawful representatives, who will be bound by the terms and conditions.
The customer accepts the terms and conditions by placing an order on CAP's website.
CAP can refuse every order if there is a serious assumption of abuse, abuse of law or bad faith.
SECTION 2 – ANNULATION
CAP cannot be held liable for products not being available. Should one or more products in an order not be available, CAP will inform the customer via email that its order has been cancelled wholly or in part or split.
Should products be found to be unavailable and the customer is informed of this but they have already paid for their products, CAP will ask his or her bank information to refund the amount paid for the products and associated shipping fees in question immediately, informing the customer by email accordingly. The timing of the refund depends on the payment method chosen by the customer when making their purchase. Should the customer find the refund is taking an abnormal length of time, they are advised to contact their bank.
CAP will also cancel the order if the address details are unclear, incorrect or insufficient to send the products. In this case, CAP will inform the customer through email that the order has been cancelled. If the customer has already paid for their products, CAP will ask his or her bank information to refund the amount paid for the products in question. Should the customer find the refund is taking an abnormal length of time, they are advised to contact their bank.
SECTION 3 – PRICING AND INVOICING
Prices are those as shown on sites at the moment the customer places their order.
Prices stated during the purchasing process are expressed in euros and include VAT and administration costs unless expressly stated otherwise.
Product prices do include transport costs.
Any discount the customer is allowed will be deducted from the price of the products, not from the transport costs.
CAP reserves the right to vary selling prices and transport costs at any time, although the products purchased and costs will always be invoiced and stated in the email which confirms the order.
The customer agrees to CAP sending its invoices electronically, but if the customer would like a hard copy invoice, they can request one via email@example.com.
Products will remain CAP's property until such time as the customer pays for them in full, i.e. until they pay the purchase price and costs in full.
SECTION 4 – GIFT CARDS
Gift cards are valid for life. If the amount of your online gift card(s) does not cover the total order amount, you will need to pay the remainder of the purchase with a valid/debit credit card. If the amount of your online gift card(s) is more than the total order amount, the balance will be stored for your next purchase using the same gift card code.
Online gift cards are non-transferrable, non-refundable and are not redeemable for cash.
VAT will not be charged on online gift cards; this is charged when the gift card is used.
SECTION 5 – PAYMENT METHODS
Purchases can only be paid for online, by Visa, Mastercard, Maestro and Bancontact. The customer’s bank account will be debited once the purchase has been confirmed, and payment will not take effect until such time as the customer’s bank has given its consent to CAP. Should the customer’s bank refuse payment, the order will be refused automatically.
The customer warrants they are authorized to make payments by one of the payment methods as stated above, and that there are sufficient funds in the bank account linked to the credit card to cover all costs arising out of the transaction, failing which CAP may refuse the order.
CAP uses Mollie to handle payments online. The company has no access to its customers’ confidential payment details, nor does it keep them.
CAP reserves the right to refuse any order from a customer with whom it is in dispute or who has brought a dispute in the past. The company may also refuse an order should the customer not have paid for a previous order, wholly or in part, where there is a serious assumption of abuse, abuse of law or bad faith.
SECTION 6 – ORDERING PRODUCTS
Products offered on our website are those as they appear on the website at the time the customer implements their order subject to those products being available.
CAP agrees to make every effort to deliver all orders as soon as possible.
All products offered for sale on the website are described in good faith and as conscientiously and as accurately as is possible; but the photographs and the website are of no contractual value whatsoever. CAP cannot accept any liability for any errors which may appear in the descriptions of the products or photographs, including slights variations in colors and dimensions.
Notwithstanding any evidence the customer may have in writing, it is expressly agreed that data registered in CAP's IT systems, those of its hosting partners or internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the parties.
To place an order, the customer goes to the heading of their choice, chooses the size they wish to receive and then click on ‘add to cart’. This puts the article selected in the ‘cart’. The customer can correct their order as long as the articles are in the ‘cart’. If the customer wishes to confirm their order, they must select a delivery and payment method. The total amount that must be paid is stated clearly throughout the whole billing process. Once the payment process is completed, the order is final and cannot be changed. Except if the customer explicitly asks to change the order via e-mail and CAP accepts this request, to the extent that the order has not been shipped out yet.
In any case the customer will be sent an initial e-mail confirming their order once they have made their purchase. Subsequently a second e-mail will be sent once the order is dispatched.
SECTION 7 – DELIVERIES
The customer can choose delivery to a given address (home, work, or other).
Should the customer opt for delivery to a given address, CAP will do the utmost to ensure that the order will be dispatched within a days of confirming the order. The carrier will attend that address between 8:00 AM and 6:00 PM on working days and will hand over the package(s) to the addressee or anyone else present at that address. Depending on the carrier, a message will be left on the address stated in case of absence at the time of delivery.
Should the customer fail to arrange for redelivery within two weeks of confirming the order, or should they be out when that redelivery is made, the order will be returned to CAP, who will then contact the customer to arrange for the order to be delivered, in which case the customer may be asked to pay additional delivery costs.
Products ordered will be delivered to the delivery address as stated by the customer during the ordering process and then subject to the terms and conditions described therein.
CAP reserves the right to split orders into one or more deliveries as products are available. Each delivery will be accompanied by an email notification. Deliveries will be accompanied by a delivery note which also gives details of the goods delivered.
Should a delivery go missing during the delivery process, and the provisions of this article have been complied with, CAP will send a new shipment entirely at its expenses, this insofar the product is still available, if not the value of the order, including transport costs will be refunded. The risks of loss and/or damage pass to the customer on delivery.
SECTION 8 – RIGHT TO REVOKE AND RETURN
FAULTY AND MIS-DESCRIBED PRODUCTS
CAP will not accept returns and provide refunds if a fault arises from fair wear and tear, willful or accidental damage, negligence by the customer or a third party, abnormal or inappropriate storage or working conditions or maintenance, failure to operate or use the products in accordance with the user instructions, misuse or alternation or repair of the products by the customer or a third party that is not authorized by us or the manufacturer. All articles must be returned, including original CAP tags, authenticity cards, dust bags, etc.
The customer should provide proof of purchase when seeking to return a faulty or mis-described item. The customer will need to arrange for return the item(s) within 14 calendar days of receiving the product(s). CAP will inspect all returned items. If the article is eligible for compensation, CAP will offer to replace the product with a new one or reimburse the full cost of the item (but not the value of any promotional code(s) used) to the original payment method within 30 days of receipt of the faulty or mis-described item.
If the customer has received a Product and it is not faulty or mis-described then he/she may notify CAP within 14 calendar days of receiving the product that they wish to exercise their right to revoke without being liable to pay any damages on that account and without having to give any reasons. 14 days after the customer received the order, CAP can no longer accept mails from customers who want to revoke their order.
The customer has to cancel the complete order or a part of the order by sending an email to firstname.lastname@example.org and including the following information: order number, date of order, shipping address & products (including the name, color and size of each item) and their quantity.
When the customer revokes the order or a part from the order, the order has to be sent back 5 days after informing. The right to revoke delivered products only applies if the provided product has been sent within 5 calendar days of the customer notifying CAP that they wish to revoke their purchase.
CAP will wait to refund the customer (purchase price excluding shipping costs) until the moment she receives legitimate proof that the product has been sent to the address below and when the product has arrived at the given address. The product revoked must be sent back as new in its original packaging, in perfect condition and accompanied by the original packing list. Any returns for which the sender cannot be identified will be refused.
The costs and risks involved in returns will be borne by the customer.
Refunds will be made as follows:
Payments made by credit card will be returned to the credit card used by the customer, only after examining and approving the articles and after deduction of sales vouchers or discounts used to pay for the order. Under no circumstances can the amount repaid ever exceed what the customer actually paid.
The customer will be refunded in accordance with the procedures agreed with the bank which issued the card. If the customer paid for their order by some other form of payment, except coupons and vouchers, the refund will be made by being credited to the bank account number they stated on the return voucher.
If discount coupons or vouchers are used, this amount can never be requested back in currency.
When the customer paid with a gift voucher, the order will be refund in the same way. The gift voucher is first upgraded, and the remaining amount will be refund by being credited to the bank account number they stated on the return voucher.
SECTION 9 – OUR CONTENT
All elements (referred to hereinafter as the 'elements'), including texts, the database with all data published on the website, the layout and graphic design of the web pages, the sales catalogue, photos, images, video and music on the site are protected by copyright, database rights, trademark rights, patent rights and all other forms of intellectual property rights worldwide, and thus remain the exclusive property of CAP. They may not therefore be copied, published, imitated or used in any other way in any form whatsoever without CAP's prior consent in writing. Such consent must be obtained in writing, unless CAP itself has made it possible to share certain elements via social networks, in which case consent will be limited to the specific elements and social networks for which CAP has made it possible to share them. Any infringements of this will be pursued in the courts.
SECTION 10 – LIABILITY
CAP cannot be held liable for any damage to the customer's systems incurred through visiting the sites including being hacked or computer viruses.
CAP cannot be held liable for any errors which may be in photographs or text used in describing products on sites.
CAP cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, pandemics, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.
In any cases where CAP is or could be held liable, CAP's liability will be limited to the amount the customer actually paid for the order concerned. Any other liability is waived.
Whilst CAP tries to ensure that all details, descriptions and prices which appear on the sites are accurate, errors may occur. If CAP discovers an error in the price of any products which the customer has ordered CAP will inform the customer of this as soon as possible and give the customer the option of confirming the order at the correct price or cancelling it. If CAP is unable to contact the customer, the order will be cancelled. If the customer cancels and has already paid for the products, the customer will receive a full refund.
SECTION 11 – DISPUTES AND GOVERNING LAW
As far as consumers are concerned, the statutory regulations will be followed, in all other cases the courts of the district of Antwerp will have jurisdiction or, if necessary, the Antwerp court of appeal.
The agreement between the parties is governed by Belgian law.
SECTION 12 – MODIFICATION OF GENERAL TERMS AND CONDITIONS OF SALE AND NULLITY
CAP may modify the present general terms and conditions at any time, including to comply with its statutory obligations. Changes notified via the website will apply to all subsequent offers and orders.
CAP reserves the right to modify the design and content of its website at any time.
Should any court decision result in any of the article(s) or paragraph(s) of the present general terms and conditions being null and void or unenforceable, this will not affect the validity or enforceability of the other articles and paragraphs of the present general terms and conditions or the agreement between the parties.