Terms and Conditions
These terms and conditions of sale govern the use of the www.nobody.be website of SIBEL nv/sa, with company number 0431.614.663 and registered office at 8510 Marke (Belgium), Doenaertstraat 21 (hereinafter referred to as "the seller"). SIBEL nv/sa is subject to VAT under number BE0431.614.663. The terms and conditions of sale shall also apply whenever an order is placed through the web shop of SIBEL nv/sa via www.nobody.be.
The SIBEL nv/sa website, www.nobody.be, was created on behalf of and is managed by the seller. Users may view and print the information on the website free of charge for personal use, but not for commercial purposes. Any person placing an order on the website (hereinafter referred to as "the customer") confirms that, by placing the order, he/she is a natural person and also has the capacity to act.
Persons who do not have the capacity to perform legal acts shall be represented by their legal representative, who shall also be bound by these terms and conditions of sale and shall either complete the order form themselves or give the person unable to act express permission to do so. The provisions of the "Privacy" section below regarding the processing of personal data shall remain fully applicable.
Placing an order implies an obligation to pay. The placing of an order on the website shall be deemed to constitute express acceptance of these general terms and conditions of sale published on the website. The acceptance of the general terms and conditions is a prerequisite for placing an order. Anyone placing an order declares that they know and accept the general terms and conditions of the seller. The general terms and conditions are always available and can be consulted on the website.
For each order, the general terms and conditions that can be consulted on the website at that time apply, to the exclusion of any older or newer provisions. If one of these conditions should be invalid for any reason, the remaining conditions shall continue to apply in full.
Anything not expressly provided for in these terms and conditions of sale shall be governed by the provisions of Belgian law.
Offer, order and confirmation
An order can only be placed via www.nobody.be. The customer can only place an order after accepting the present general terms and conditions of sale, the prices and the description of the offer. The customer's order is only final after receipt of an order confirmation from the seller.
Orders via the website are deemed to be placed for non-professional purposes. The present general terms and conditions of sale apply only to consumers in the sense of Book VI of the Belgian Code of Economic Law, as inserted by the Belgian Law of 21 December 2013 inserting Book VI "Market Practices and Consumer Protection" into the Belgian Code of Economic Law and inserting the definitions specific to Book VI, and the enforcement provisions specific to Book VI, into Books I and XV of the Belgian Code of Economic Law, (BS/MB or Official Gazette 30 December 2013; err., BS/MB or Official Gazette 20 January 2014; err., BS/MB or Official Gazette 18 March 2014; err., BS/MB or Official Gazette 24 March 2014). Traders who place an order for professional purposes, should contact the customer service department (firstname.lastname@example.org).
The seller undertakes to process the orders placed on the website as long as stocks last and within the limits specified in these terms and conditions. The online order can only be processed if the customer has clearly identified himself in accordance with the "signature and proof" article below.
The seller reserves the right to refuse orders in the event of serious suspicion of abuse of rights or bad faith, serious suspicion of commercial purposes unacceptable to the seller or in the event of stock exhaustion of a particular item.
Prices and payment
The prices (always in euro) are those stated on the website at the time of ordering and as confirmed on the order confirmation. All prices stated include VAT, with the exception of intra-Community shipments to holders of a VAT number, where a VAT rate of 0% applies. The customer is responsible for the correctness of the VAT number provided.
Discounts, if any, shall only apply to (the part of) the order on which they are granted and shall under no circumstances entitle the customer to these or similar discounts on future orders.
The delivery costs are not included in the price and must be paid by the customer.
Payment must be made in advance of delivery and is done via one of the following payment methods: Visa, MasterCard, American Express or PayPal. The amount of your payment will be debited from your card immediately after confirmation of payment.
Invoices are issued exclusively in electronic format.
Delivery is only possible within the European Union, i.e. to Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
The delivery period shall begin only after receipt of payment. We strive for the shortest possible delivery period. The delivery period shall be a minimum of 1 working day and a maximum of 30 days following receipt of payment for delivery in Belgium, and a minimum of 2 working days and a maximum of 30 days for delivery to other countries. The seller is not liable for delays or failure to deliver caused by the carrier or the buyer.
If the buyer is the cause of the delayed delivery or the buyer unreasonably refuses to accept or pick up the delivery, the seller shall be entitled to terminate the contract and to no longer make or keep the goods available.
If necessary, the seller shall reimburse the amount of the purchase price already paid by the customer within the framework of the purchase agreement, less damages equal to twenty (20) per cent of the total purchase price of the product(s) ordered. If the damage is higher, the seller reserves the right to withhold a higher amount and shall submit proof of such higher damage to the buyer.
Right of withdrawal and returns
In accordance with the Articles VI 47-52 of the Belgian Code of Economic Law, the consumer has a period of 30 days to withdraw from the contract without giving any reason.
Any ordered item may be returned within 30 calendar days in the manner chosen by the customer. The cost of returning the item shall be borne by the customer. The article must be returned in its original packaging. In any event, returns will only be accepted if the article is undamaged, unused, clean, unworn and unwashed, and with the original label(s). The seller reserves the right to refuse to exchange (a) returned product(s) that is (are) not in a saleable condition. In the event of damage to the goods, the customer shall be liable for the loss of value.
No costs or compensation will be charged for the return, except for any shipping costs for the return.
After the return is completed, the customer will be reimbursed by the seller in the same manner as the payment was made.
Any problem or defect relating to the delivery of an item, any damage or deficiency in quality must be reported within seven days by telephone on +32 (0)56 22 39 71 or in writing by registered letter to nv/sa SIBEL, 8510 Marke (Belgium), Doenaertstraat 21 or by e-mail at email@example.com. The purchaser shall provide the seller with a clear photo of the damaged packaging or delivery. The seller will make every effort to provide a reply within 5 working days following contact with the customer.
In the event of reported problems beyond normal wear and tear resulting from normal use, the customer must report them to the customer service department through the aforementioned channels within two months of receipt of the order. If the delivery has to be sent back to the seller due to damage or qualitative shortcomings, the seller will bear the costs for the return.
The seller provides the guarantees provided for by law.
The seller shall not be liable for force majeure, accident, misuse or incorrect handling of an item by the customer.
An item with an accepted defect shall be replaced or repaired free of charge. If the cost of repair is disproportionate, the seller reserves the right to replace or exchange the item with a similar one.
If the customer is not satisfied with how his/her complaint is handled, he/she can contact the Consumer Ombudsman Service and the European Dispute Commission for a dispute settlement.
Signature and proof
The customer accepts electronic evidence.
The customer is solely responsible for the correctness of all data he or she submits.
The final confirmation of the order by the customer shall constitute acceptance of the order at the stated price. The customer's confirmation shall be deemed to be the signature and explicit acceptance of all transactions carried out via the website.
The products in the shop are described and pictured as accurately as possible. The customer acknowledges that he/she is aware of the fact that the colours in the photos may vary slightly from the colours of the original products.
The seller shall not be liable for any loss, costs, damages or expenses arising from late delivery due to exhaustion of stock. Under no circumstances shall the seller be held liable by the customer for any indirect damage and the seller's total liability under a contract of sale shall in no case exceed the amount paid by the customer to the seller.
This article shall not apply in the event of fraud or wilful misconduct by the seller. Insofar as the seller depends on the cooperation with and the services and supplies of third parties, the seller cannot be held liable for any damage caused by the fault of these third parties.
Liability for use of website
The seller's website is intended to provide the customer with general information about the seller's products and activities. The seller is only bound by a best-efforts obligation with regard to access, the ordering process, delivery or other services.
The seller has the right at any time to suspend or discontinue all or part of the website due to maintenance, updating or any other reason, even without prior warning.
The seller cannot be held liable for any inconvenience or damage caused by the use of the internet, by any system breakdown, by the intrusion of outsiders or a virus, nor for any information placed on it or processed by third parties, or by any fact that can be regarded as force majeure.
The seller shall not be liable if the performance of one of its obligations is delayed, prevented, limited or made more difficult by a case of force majeure (fire, flood, explosion, non-delivery or defective delivery by suppliers, etc.) or by any other cause beyond the reasonable control of the seller. In such a case, the seller shall be released from the performance of his obligations to the extent and for the duration of the inability to do so.
If the force majeure lasts longer than 30 calendar days, both the seller and the buyer may terminate the contract in writing without any compensation being due to the customer.
Since the customer's commitment to the seller is essentially an obligation to pay, force majeure with consequences for the customer is expressly excluded.
The customer shall have the right to request, view, update and oppose the use of the processed data for direct marketing by Sibel, pursuant to the provisions of the Belgian Law of 8 December 1992 on guidelines for the protection of personal privacy.
All parts of the seller's site, including the technology used for it, are the exclusive property of the seller and protected by copyright.
Users who have their own website and want to set up an automatic link between their own site and the home page of the seller, even for purely personal use, must request the seller's express consent.
The Nobody brand name and logo and all related names, design marks and slogans are trademarks of nv/sa SIBEL. The seller is the owner of all intellectual property rights related to the products offered for sale via the web shop. The layout and graphic design of the seller's website, as well as all designs, photographs, images, illustrations, text material and video or audio files published on this website are protected by intellectual property rights and remain the exclusive property of Sibel.
Any form of reproduction, publication, imitation or other use (with the exception of printing a copy and downloading extracts from web pages for personal use) in any form without the express prior permission of Sibel is prohibited.
Jurisdiction and applicable law
This agreement is subject to the provisions of Belgian law. In case of dispute, only the courts of the district of West-Flanders, i.e. the Justice of the Peace Court in Kortrijk or the County Court of West-Vlaanderen, division of Kortrijk, and if necessary the Court of Appeal in Gent, shall be competent.
Online dispute resolution
The European Commission offers an online dispute resolution platform for consumers which can be found at https://ec.europa.eu/consumers/odr/.