Terms & Conditions

Last modified on: August 28, 2023


1 Definitions

i. ‘Agreement’: any agreement under which We undertake to provide the Products to You subject to compliance with the Terms of Sale;
ii. ‘Consumer’: a consumer within the meaning of article I.1,2° of the Belgian Code of Economic Law, being a natural person acting for purposes that fall outside his trade, business, craft or profession;
iii. ‘Party/Parties’: You and/or We;
iv. ‘Product’: all goods offered for sale on Our Website;
v. ‘Terms of Sale’: these Terms of Sale which apply to the relationship between You and Us when purchasing Products;
vi. ‘We/Us/Our’: the company as mentioned in article two of these Terms of Sale;
vii. ‘Website’: www.serax.com;
viii. ‘You/Your’: a Consumer acting in the capacity of customer.

2 Our identification

Who We are:
Serax NV
Veldkant 21
2550 Kontich
BE0430.067.019

Contact:
Email address: hello@serax.com


3 Application

3.1. These Terms of Sale apply to all purchases of Our Products.

When placing an order, You must expressly accept these Terms of Sale and agree to their application. These Terms of Sale do not affect the legal rights that are compulsorily granted to You by virtue of the Belgian legislation on consumer protection.

3.2. We reserve the right to modify these Terms of Sale from time to time.

However, the version of these Terms of Sale that was applicable at the time the order was placed shall continue to apply between You and Us as far as the Agreement is concerned.


4 Offer and acceptance

4.1. We shall make all reasonable efforts to make the information on the characteristics of the Products and illustrations of the Products as accurate as possible to the extent permitted by technical means. Certain non-substantial characteristics of a Product may, upon delivery, differ from the photographs and descriptions displayed on the Website. However, this cannot be a ground for invoking the non-conformity of the delivery.

4.2. We cannot guarantee that all Products will be available at all times. Our offer is only valid while stocks last. If You order a Product via the Website that is out of stock, We will inform You as soon as possible by email and You will have the right to cancel Your order. We are not liable for the temporary unavailability of any Product on Our Website and/or for any damage that would result from the unavailability of a particular Product. We may apply specific terms and conditions to a particular offer, such as a limited period of validity. Such specific conditions only apply if they are communicated explicitly and prior to the order.

4.3. We shall not be bound by any offer if such offer is clearly affected by a mistake or error. Manifest or obvious errors in the quotation, such as obvious inaccuracies, can, to the extent permitted, also be corrected after the conclusion of the Agreement. We cannot be held liable for any (printing) errors in Our prices or conditions.

4.4. Your acceptance of Our offer is made by placing the order on Our Website. This purchase is binding. We will automatically send an order confirmation to the email address You have provided after finalisation of payment.

4.5. It is Your responsibility to ensure that the information You provide to Us is correct. If it does contain any errors, We ask you to inform Us as soon as possible or, if possible, to correct the errors yourself.

4.6. We reserve the right to refuse an order due to a serious shortcoming on Your part.

4.7. In accordance with the Code of Economic Law, the Parties explicitly acknowledge that electronic forms of communication make a valid Agreement. We may use all electronic files at Our disposal, within the limits of the law, to prove the existence of the Agreement. An ordinary, digitally or electronically qualified signature is not an essential requirement of proof.

4.8. The Agreement is only concluded once We send You a confirmation of Your order to the email address You have provided. This confirmation will contain the information about the Products You ordered.

5 Our prices

5.1. The prices of Our Products are listed on the Website and are pinned at the time of the order. The indication of the price shall relate exclusively to the Products as described verbatim. Any accompanying photos are decorative and may contain elements that are not included in the price. All prices stated are in USD and are exclusive of sales tax and any other taxes or duties to be borne by You. Sales tax, and other duties will be shown at checkout. Any other costs charged will be stated separately.

5.2. We have the right to change the prices at any time, but We undertake to apply the prices indicated on the Website at the time of Your order.

6 Payment

6.1. In principle, every payment will be processed immediately and in full, from the moment You place the order. For the payment of Our Products We accept iDEAL (NL), Bancontact(BE), GiroPay (DE), Sofort Banking (EU), KBC/CBC (BE), Belfius (BE), PayPal (INT), Visa/ Mastercard, Cartes Bancaires (FR), American Express, Klarna, IN3.

6.2. We may extend the payment options in the future. We will take all reasonable measures to ensure the security of Your online transactions. We guarantee this security by involving specialised parties such as authorised credit card issuers and payment partners.

6.3. We use Shopify's payment platform, Shopify Payments. The necessary security measures are provided for the processing of payments. These payments are subject to the Terms of Sale of Shopify Payments, who bears sole responsibility for the correct execution of online payments.

6.4. We postpone Our delivery obligations until receipt of full payment of all amounts owed by You. We will always retain ownership of all Products ordered until full payment of all amounts due under the Agreement, regardless of whether delivery has already taken place.

7 Delivery

7.1. We will process every order as soon as possible. We make all reasonable efforts to deliver Your order within the following delivery lead time: 2 - 3 business days. 

7.2. It is Your responsibility to enable delivery at the agreed place in Your presence or in the presence of a third party designated by You. There is a delivery as soon as the ordered Products have been offered to You once. If an offered delivery is unsuccessful due to a shortcoming on Your part or due to a shortcoming on the part of a third party designated by You, We shall propose a new delivery date.

7.3. We call upon reliable external parties for the delivery, in particular UPS. The use of external parties can have an influence on the delivery. As a result of an undelivered sent order, an investigation will immediately be carried out at the carrier. This takes several days and no refund or other shipment can be made.

7.4. If We are unable to deliver the Products at the agreed time or within 30 calendar days, You shall request delivery within an additional period which is appropriate to the circumstances. If We fail to deliver within the additional period You will be entitled to terminate the Agreement. In such a case of termination We will refund all amounts paid as soon as possible and at the latest within fourteen (14) calendar days after termination of the Agreement. Exceeding the delivery lead times does not give rise to any other compensation.

7.5. Until the moment of full payment, the delivered Products remain Our exclusive property. However, the risk of loss or damage is transferred to You as soon as You (or a third party designated by You) have taken physical possession of the Products. Please note, however, that although You will retain ownership of the Product after full payment, You will not retain Our intellectual property rights (as referred to in Clause 13 (Intellectual Property)). Such intellectual property rights will remain vested in Us or Our licensors at all times.

7.6. You undertake, if necessary, to draw the attention of third parties to Our above retention of title, e.g. to any person who would seize items that have not yet been paid for in full. In this regard, You undertake to inform Us immediately in writing of any seizure by a third party of the delivered Products.

8 Right of withdrawal

8.1. On the basis of the right of withdrawal, You may still renounce the purchase within fourteen (14) days from the day following the delivery of the Product. You are not obliged to pay any compensation or give a reason. Of course We would like to hear Your feedback so that We can improve Our service.

8.2. If You have ordered several Products to be delivered separately, the revocation period will commence as soon as You, or a designated third party other than the carrier, takes physical possession of the last Product delivered.

8.3. If the Agreement has been concluded for a regular delivery of Products during a certain period, the revocation period shall start as soon as You, or a designated third person other than the carrier, takes physical possession of the first Product.

8.4. If You wish to exercise the right of withdrawal, You shall request the return of the Product via the return portal before the expiry of the withdrawal period.

8.5. If You invoke Your right of revocation in accordance with these Terms of Sale and the legal provisions, We will refund You the amount actually paid. We will refund You by the same means of payment with which You made the original transaction, unless You have expressly agreed otherwise. In any case, no charge will be made for the refund. We may wait with this refund until We have received the Products back.

8.6. We will reimburse all payments We have received from You, excluding delivery costs.

8.7. If You exercise Your right of withdrawal, You will bear the cost of returning the Products. You shall take all reasonable measures to ensure that the Products reach Us in good condition. You have a period of fourteen (14) days following the day of the request for return, to return the Products in their original packaging. The return label will be made available to You, after payment of the costs of return, via the return portal and via the Email address You have provided.

8.8. We only accept returns for products that are in a new and unused condition, in perfect state, with all protective materials in place, and the original labels and packaging fully intact. Products showing signs of use, where labels have been removed, or original packaging is damaged may not be eligible for return. Please ensure that all labels are still attached to the products, and that the original packaging is undamaged. If the product is not returned in its original condition, we reserve the right to reject the return or charge a restocking fee. 

8.9. You have no right of withdrawal in the following cases:

  • The supply of goods which are made to the Consumer’s specifications, or are clearly personalized (Article VI.53, 3° Code of Economic Law);
  • The supply of goods that spoil quickly or have a limited preservability (Article VI.53, 4° Code of Economic Law);
  • The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (Article VI.53, 5° Code of Economic Law).

8.10. The Consumer is liable for any reduction in the value of the Products resulting from the handling of the Products that goes beyond what is necessary to determine the nature, characteristics and functioning of the Products. We are entitled to charge the cost of the reduction in value in proportion to the reimbursement.

9 Warranty

9.1. You have a statutory warranty of two years. You may exercise this right if the Product purchased does not correspond to the goods requested. However, You may not invoke the statutory warranty in the event of changes to the delivery date or place or in the event of defects of which You were aware at the time of the sale.

9.2. The statutory warranty may be invoked if the non-conformity of the delivered Product is established within 2 years from the delivery of the Product. The statutory warranty starts from the delivery of the Product to You.

9.3. If You wish to make use of Your warranty, You must inform Us as soon as possible, and at the latest within two months after discovering the defect. This can be done via hello@serax.com. We request You to provide Us with all the necessary information in this respect (if necessary, photographs may be used).

9.4. This statutory warranty covers the repair or replacement of the defective Product. However, if it should appear that the repair or replacement is impossible, disproportionate to Us or would cause serious inconvenience to You, We undertake to grant You an appropriate price reduction or, in the event of serious non-conformity, to terminate the Agreement and refund the full price, subject to Your return of the Product.

9.5. The statutory warranty as well as the warranty for hidden defects does not apply to:

damage caused by normal wear and tear, unintentional or deliberate alterations made by You to the Products, including improper and incorrect use and exposure to moisture, fire, earthquake and other external causes;
damage caused by installation and use in a manner not in accordance with the instructions and information provided;
damage caused after the removal of seals on certain parts and after the removal or illegibility of the serial number and other numbering of product ranges. You may never remove these seals without Our express written permission;
immovable property.

10 Customer service

10.1. We strive to keep Our customers satisfied. Our customer service is therefore available to You by email at hello@serax.com or through our on-site chat. Any questions, complaints or remarks about Products, the ordering process or the use of the webshop can be directed to this address.

11 Liability

11.1. To the extent permitted, We cannot be held liable for indirect and consequential damages. Unless excluded by mandatory law, We shall only be liable for damage caused by Our failure to comply with Our obligations if and to the extent such damage is caused by Our willful and serious fault. We are not liable for any other errors.

11.2. Nothing in these Terms of Sale is intended to exclude or limit your statutory rights. Furthermore, nothing in these Terms of Sale is intended to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees); or for fraud or fraudulent misrepresentation.

11.3. Should We nevertheless be held liable, the amount of compensation shall be limited to the total amount paid by You for the Products purchased.

12 Protection of personal data

12.1. The information provided by You is necessary for the processing, handling and completion of Your orders, and the preparation of the accounts. If this information is missing, Your order cannot be carried out. Submitting incorrect or false personal data is considered a breach of the present Terms of Sale. Your personal data will only be processed in accordance with Our privacy statement.

13 Intellectual property

13.1. We guarantee to have the necessary rights to offer Our Products. All intellectual property rights and derived rights to these Products shall remain with Us and/or the party actually entitled. These intellectual property rights are understood to mean copyright, trademark, design and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.

13.2. The content of the Website is Our property. This includes texts, graphs, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to copy, publish, reproduce or use this content in any other way without written permission from Us.

14 Force majeure

14.1. We shall not be responsible for compliance with Our obligations under these Terms of Sale in the event of force majeure. Force majeure shall be understood to mean a situation in which the performance of Our obligations is wholly or partially, temporarily or otherwise, prevented by circumstances beyond Our control.

14.2. In the event of force majeure, these obligations shall be suspended and We shall make all reasonable efforts to limit the consequences of the force majeure situation. In case the Force Majeure lasts longer than two (2) months, either Party shall be entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation (except for the reimbursement of the Products paid by You and not provided).

15 General

15.1. If any provision of these Terms of Sale (or part thereof) is declared void, invalid or unenforceable, such invalidity, invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining provisions of these Terms of Sale. In the event of nullity, invalidity or unenforceability, the Parties will, to the extent possible, negotiate to replace the invalid, void or unenforceable provision (or part thereof) with an equivalent provision that is in the spirit of these Terms of Sale.

15.2. Our failure to demand the strict application of one of the provisions of these Terms of Sale cannot be considered as a tacit waiver of Our rights and does not prevent Us from demanding strict compliance with these provisions at a later date.

15.3. These Terms of Sale, including any references included in the Terms of Sale, fully reflect the rights and obligations of the Parties and replace all previous agreements and proposals, both oral and written, including any conditions of the Parties.

15.4. The Terms of Sale apply at all times and exclusively to all present and future Agreements between You and Us, except in the case of an express deviation. An express deviation is only valid to the extent that it is the result of mutual agreement between You and Us which is explicitly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these Terms of Sale shall remain in full force and effect.

16. Applicable court and competent law

16.1. To the extent permitted by law, all Agreements to which these Terms of Sale apply shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.

16.2. You may also bring a dispute about these Terms of Sale before an independent body. For further information, please visit: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

16.3. Any dispute concerning the interpretation or application of these Terms of Sale shall be subject to the exclusive jurisdiction of the courts in which Our registered office is situated, unless another court is mandatorily stipulated by law.