Terms & Conditions
Terms & Conditions — Saltbush Lane
Article 1 – Definitions
In these Terms & Conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
- Consumer: the natural person who is not acting in a professional or business capacity and who enters into a distance contract with the seller;
- Day: calendar day;
- Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or seller to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
- Right of withdrawal: the consumer's ability to cancel the distance contract within the cooling-off period;
- Seller: the natural or legal person who offers products and/or services remotely to consumers;
- Distance contract: an agreement whereby, within a system organised by the seller for distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
- Means of distance communication: a means that can be used for concluding an agreement without the consumer and seller being physically present in the same location at the same time;
- Terms & Conditions: these Terms & Conditions of the seller.
Article 2 – Identity of the Seller
Saltbush Lane
ABN: (to be added)
GST number: (to be added if applicable)
Address: Veldstraat 96, 8340 Damme, Belgium
Email:
Website:
Article 3 – Applicability
These Terms & Conditions apply to every offer made by the seller and to every distance contract and order concluded between the seller and the consumer.
Before the distance contract is concluded, the text of these Terms & Conditions will be made available to the consumer. If this is not reasonably possible, the seller will indicate — before the contract is concluded — where the Terms & Conditions can be inspected, and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these Terms & Conditions may be made available electronically before the contract is concluded, in such a way that the consumer can easily store them on a durable medium.
If specific product or service conditions apply in addition to these Terms & Conditions, the consumer may always rely on the provision most favourable to them in the event of any conflict.
If any provision of these Terms & Conditions is wholly or partially void or annulled, the remaining provisions shall continue to apply, and the affected provision shall be replaced by mutual agreement with one that most closely reflects the original intent.
Situations not covered by these Terms & Conditions shall be interpreted in the spirit of these Terms & Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated.
The offer is non-binding. The seller reserves the right to modify and adjust the offer at any time.
The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to allow the consumer to make a proper assessment. Images used are a truthful representation of the products. Obvious errors or mistakes in the offer shall not be binding on the seller.
All images, specifications, and data in the offer are indicative and do not give rise to any claim for compensation or cancellation.
Product images are a truthful representation of the products offered. The seller cannot guarantee that colours displayed on screen exactly match the actual colours of the products.
Each offer shall include sufficient information so that the consumer is clearly aware of the rights and obligations attached to acceptance of the offer, including:
- The price, excluding any import duties or import taxes. These additional costs shall be borne by the customer. The courier or postal service will collect import GST and/or customs fees from the recipient upon delivery.
- Any applicable shipping costs
- How the agreement is formed and what steps are required
- Whether or not the right of withdrawal applies
- The payment method, delivery, and execution of the agreement
- The timeframe for acceptance of the offer or price guarantee
- Whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer
- Any available sizes, colours, or materials (where applicable)
Article 5 – The Agreement
The agreement is concluded, subject to Article 5(4), at the moment the consumer accepts the offer and fulfils the associated conditions.
If the consumer accepts the offer electronically, the seller will promptly confirm receipt of acceptance electronically. Until such confirmation is sent, the consumer may cancel the agreement.
If the agreement is concluded electronically, the seller will implement appropriate technical and organisational measures to secure the electronic transfer of data and maintain a safe web environment.
The seller may — within legal limits — verify whether the consumer can meet their payment obligations, as well as any other facts or factors relevant to entering into the distance contract responsibly. If the seller has reasonable grounds to decline an order based on this assessment, they are entitled to refuse an order or attach special conditions to its execution.
Upon delivery, the seller will provide the consumer with the following information in writing or on a durable medium:
- The address of the seller's establishment where the consumer can submit complaints
- The conditions and process for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded
- Information about warranties and after-sales service
- The details referred to in Article 4(3) of these Terms & Conditions, unless already provided prior to the execution of the agreement
- Requirements for terminating the agreement if it is open-ended or has a duration of more than one year
Every agreement is concluded subject to sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
Upon purchasing products, the consumer has the right to cancel the agreement without giving any reason within 14 days. This cooling-off period begins the day after the consumer — or a representative designated by the consumer — receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product with all accessories — and if reasonably possible in its original packaging — in accordance with the seller's clear and reasonable instructions.
If the consumer wishes to exercise their right of withdrawal, they must notify the seller in writing (by email) within 14 days of receiving the product. After notifying the seller, the consumer must return the product within a further 14 days. The consumer must provide proof that the goods were returned on time (e.g. a shipping confirmation).
If the consumer has not exercised their right of withdrawal within the above timeframes, the sale is considered final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the cost of returning the products shall be borne by the consumer.
If the consumer has already made a payment, the seller will refund this amount as soon as possible, and no later than 14 days after withdrawal, provided the seller has received the returned product or proof of full return.
Article 8 – Exclusions from the Right of Withdrawal
The seller may exclude the right of withdrawal for certain products. This exclusion is only valid if clearly communicated to the consumer before the agreement is concluded.
The right of withdrawal may be excluded for products that:
- Are made to the consumer's specifications
- Are clearly of a personal nature
- Cannot be returned by their nature
- Can deteriorate or expire quickly
- Have prices linked to fluctuations in financial markets beyond the seller's control
- Are audio/video recordings or computer software with a broken seal
- Are hygiene products with a broken seal (e.g. swimwear, intimates)
The right of withdrawal may be excluded for services:
- Relating to accommodation, transport, catering, or leisure activities on a specific date or period
- Where delivery has begun with the consumer's explicit prior consent before the cooling-off period has expired
- Relating to betting and lotteries
Article 9 – Pricing
During the validity period stated in the offer, prices of products and/or services will not be increased, except for price changes resulting from changes in GST rates.
As an exception, the seller may offer products with variable prices where prices are linked to financial market fluctuations beyond the seller's control. This will be clearly stated in the offer.
Price increases within 3 months of the agreement being concluded are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the agreement are only permitted if the seller has stipulated this, and either:
- They result from statutory regulations or provisions; or
- The consumer has the right to terminate the agreement as of the date the price increase takes effect
Delivery takes place outside the EU. As a result, import GST and/or customs fees may be charged by the postal or courier service upon delivery in the destination country. No GST will be charged by the seller at point of sale.
All prices are subject to typographical errors. The seller accepts no liability for the consequences of typographical errors and is not obliged to supply products at an incorrectly stated price.
Article 10 – Conformity & Warranty
The seller warrants that products and/or services conform to the agreement, the specifications stated in the offer, reasonable standards of quality and usability, and applicable laws and regulations at the time the agreement is concluded.
Any warranty provided by the seller, manufacturer, or importer does not affect the consumer's legal rights under the agreement.
Any defects or incorrectly delivered products must be reported to the seller in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The seller's warranty period corresponds to the manufacturer's warranty period. However, the seller is never responsible for the ultimate suitability of products for each individual application, nor for any advice given regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired or altered the product themselves or had it repaired or altered by a third party
- The product has been exposed to abnormal conditions or treated carelessly or contrary to the seller's instructions
- The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used
Article 11 – Delivery & Performance
The seller will exercise the greatest possible care when receiving and fulfilling product orders.
Delivery will be made to the address provided by the consumer.
Subject to Article 4, the seller will fulfil accepted orders promptly and no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled (in full or in part), the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to cancel the agreement free of charge and is entitled to compensation if applicable.
If the agreement is cancelled per the above, the seller will refund any payment made by the consumer as soon as possible, and no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the seller will endeavour to provide a replacement item. The consumer will be clearly informed of this at the time of delivery. The right of withdrawal cannot be excluded for replacement items. Any return costs in this case are borne by the seller.
The risk of damage and/or loss of products rests with the seller until the moment of delivery to the consumer or a designated representative, unless explicitly agreed otherwise.
Article 12 – Ongoing Contracts: Duration, Cancellation & Renewal
Cancellation
The consumer may cancel an open-ended agreement for the regular delivery of products or services at any time, with a maximum notice period of one month.
The consumer may cancel a fixed-term agreement for the regular delivery of products or services at the end of the fixed term, with a maximum notice period of one month.
In all cases, the consumer may:
- Cancel at any time without restriction to specific dates or periods
- Cancel by the same method used to enter the agreement
- Apply the same notice period as the seller has stipulated for themselves
Renewal
A fixed-term agreement for the regular delivery of products or services may not be automatically renewed or extended for a fixed term.
A fixed-term agreement may only be automatically extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.
Article 13 – Payment
Unless otherwise agreed, the consumer must pay within 7 business days of the start of the cooling-off period. For service agreements, this period begins after the consumer receives confirmation of the agreement.
The consumer must promptly notify the seller of any inaccuracies in the payment details provided.
In the event of non-payment, the seller reserves the right — within legal limits — to charge reasonable costs previously communicated to the consumer.
Article 14 – Complaints
Complaints regarding the execution of the agreement must be submitted to the seller fully and clearly within 7 days of the consumer identifying the issue.
Complaints submitted to the seller will be responded to within 14 days of receipt. If a complaint requires a longer processing time, the seller will send an acknowledgment of receipt within 14 days with an indication of when the consumer can expect a more detailed response.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the seller's obligations unless the seller indicates otherwise in writing.
If a complaint is found to be valid, the seller will, at their discretion, replace or repair the delivered product free of charge.
Article 15 – Disputes
Agreements between the seller and consumer to which these Terms & Conditions apply are governed exclusively by Belgian law, in accordance with the seller's place of establishment, even if the consumer resides outside Belgium.