Legal
Terms and Conditions
Article 1. Company Identification
Company Name: Jeffrey Maes (Storytelling Agency — True Cowboy Western Apparel)
VAT Number: BE 0795.455.131
Registered Office: Wilg 10, 2930 Brasschaat, Belgium
Article 2. Applicability
2.1 The scope of the terms and conditions set forth by True Cowboy Western Apparel includes any offer of goods and/or services through the website, as well as any agreement regarding goods and/or services made through the website, between the company and the consumer.
2.2 Except for explicit written consent, any deviation from all quotes, agreements, and deliveries accepted by True Cowboy Western Apparel is not possible. By confirming an order, the customer declares to have read and explicitly accepted these terms and conditions.
2.3 True Cowboy Western Apparel reserves the right to modify or supplement these terms and conditions and/or the content of the website.
2.4 To make purchases or place orders through the website, the customer must be a minimum of 18 years old. If this is not the case, parental supervision is required. The customer is also prohibited from using another person's identity. It is not the responsibility of True Cowboy Western Apparel to verify this, and True Cowboy Western Apparel is therefore released from any liability in this regard.
2.5 These terms and conditions will be made available to the customer before concluding the agreement.
2.6 These terms and conditions will be made available to the customer, at least before concluding the agreement, in a way that enables the customer to store them on a durable electronic data carrier.
Article 3. Formation and Duration of the Agreement
3.1 The agreement between the parties is formed when the customer places the order. The order is placed when the customer confirms the quote in writing (via email or through the True Cowboy Western Apparel website). The customer will receive confirmation at the provided email address.
Article 4. Prices
4.1 The prices of the products on the True Cowboy Western Apparel website include VAT and exclude shipping costs or other charges. Shipping costs will be added to the total amount during checkout.
4.2 The prices of the products are valid on the day they are offered on the website and on the day the order is placed. All prices are per unit unless otherwise indicated.
4.3 True Cowboy Western Apparel reserves the right to change and correct the prices of the products and product information. In the event of a price reduction after the purchase of the products, the customer is not entitled to a refund of the price difference.
4.4 Products that are offered with discount are non-refundable and can't be exchanged for other sizes.
Article 5. Payment and Payment Methods
5.1 The customer has the option to use the following payment methods:
- Debit card
- Credit card
5.2 Payment must be made at the time the customer places the order.
Article 6. Warranty
6.1 The customer is entitled to a statutory warranty of two years. The statutory warranty covers any defect or non-conformity of the products that manifests within two years from the date of delivery.
6.2 The customer must inform True Cowboy Western Apparel via email about defective products within a reasonable period after the defect is known or could reasonably have been known by the customer.
6.3 If a defect occurs within the statutory warranty period of two years, the customer must follow the procedure as specified in clause 8. After the defective product is returned, True Cowboy Western Apparel will, at the customer's discretion, send the customer a new product or repair the product, and we will bear all costs related to the exchange or repair of the products. The product can only be replaced and delivered to the extent that it is still available or in stock with the suppliers of True Cowboy Western Apparel. If a repair or replacement is impossible or cannot be performed within a reasonable period, the consumer may terminate the agreement, and the company will refund the purchase price to the consumer in accordance with clause 9. In the event of a defect within the statutory warranty period, the customer is entitled to a free repair or replacement of the product. This is the choice of the consumer but must be within the bounds of reasonableness.
The warranty can only be invoked in the case of non-conforming goods. Conformity can be assessed on the basis of four criteria:
- Conformity with the description provided by the company;
- Suitability for the use specified by the consumer;
- Suitability of the goods for the purposes for which goods of the same kind are normally used;
- Providing the performance and quality that can reasonably be expected of the product.
6.4 The customer will check within eight (8) calendar days after delivery of the product whether the delivered product complies with what was agreed upon. This concerns, in any case: quantity, layout, color scheme, and other externally observable aspects. Protest by the customer on this point must be submitted within the same aforementioned period of eight (8) calendar days by email or online through the True Cowboy Western Apparel website.
Article 7. Complaints Procedure
7.1 If the customer has complaints, they can contact True Cowboy Western Apparel via www.truecowboyclothing.be or by sending an email to info@storytellingagency.be. True Cowboy Western Apparel will make its best efforts to respond to the complaint within 48 hours.
Article 8. Assignment and Subcontracting
8.1 True Cowboy Western Apparel has the right to assign its rights and obligations under the agreement to a supplier (e.g., for the delivery of the product), but this will not affect the rights and obligations under these terms and conditions.
8.2 If the customer has purchased a product as a gift, they can transfer the warranty as specified in clause 10 to the gift recipient without requiring the consent of the Company.
Article 9. Processing of Personal Data
9.1 True Cowboy Western Apparel uses the customer's personal data exclusively in accordance with the Privacy Policy on the website www.truecowboyclothing.be.
Article 10. Force Majeure
10.1 True Cowboy Western Apparel is not liable or responsible for the non-performance or delay in the performance of its obligations under the agreement due to force majeure. Force majeure includes all external causes, foreseen or unforeseen, over which True Cowboy Western Apparel cannot exert any influence, but which prevent True Cowboy Western Apparel from fulfilling its obligations.
10.2 In case of force majeure:
- True Cowboy Western Apparel will inform the customer within a reasonable period, and
- True Cowboy Western Apparel's obligations under the agreement will be suspended, and the deadline for the performance of the obligations will be extended for the duration of the force majeure situation. When the force majeure situation affects the delivery of the products, True Cowboy Western Apparel will arrange a new delivery date with the customer after the force majeure situation has ended.
10.3 Force majeure includes, but is not limited to, weather and climatic conditions, lightning, floods, storms, war, health crises, riots, strikes, occupation of the business, labor union or employee disputes, accidents, fires, difficulties or increased costs in finding labor, materials, or transportation, or other circumstances that impede the delivery of goods through normal supply or production channels or impede the delivery of goods through normal routes or means of transportation. This also includes the failure or non-compliance of third parties (e.g., delays or losses in the post or customs) or the customer itself (e.g., non-normal use of the product).
10.4 During the period of force majeure, True Cowboy Western Apparel may suspend its obligations. The customer expressly waives any claim for damages during this period.
Article 11. Applicable Law
11.1 The parties undertake to make sufficient efforts to reach an amicable settlement and resolve the dispute through mutual agreement. In the event the amicable attempt does not yield a positive outcome, the dispute will fall under the exclusive jurisdiction of the courts of the district where the registered office of the company True Cowboy Western Apparel is located, unless the law mandatorily prescribes otherwise. The agreement is exclusively governed and interpreted in accordance with Belgian law. The language of the proceedings is the Dutch language.
Article 12. Miscellaneous Provisions
12.1 True Cowboy Western Apparel may amend these terms and conditions at any time. The terms and conditions that are in effect at the time of ordering the products will apply to the agreement between the customer and True Cowboy Western Apparel.
12.2 Without prejudice to the rights and remedies granted to the customer by applicable law or these terms and conditions, True Cowboy Western Apparel's liability for direct damages will be limited to the value of the ordered products.
12.3 The invalidity of a provision or part of a provision under the agreement will not affect the validity of the remaining part of the provision or the remaining provisions and clauses.