Article 1: Seller's Identity
Gabianna Fashion
Jules van Hevelstraat 6
8480 Ichtegem
Email:
VAT: BE 1039.004.810
Article 2: General Terms and Conditions
These general terms and conditions apply to every order, purchase and every use of the Gabianna Fashion webshop, including all functionalities, services, tools, content and interactions with the website.
The general terms and conditions are accessible to everyone and are included on the website. The most recent version is always available via the Gabianna Fashion website (https://www.gabiannafashion.be/).
By visiting the website or placing an order, the customer accepts these general terms and conditions. DBy completing an order, the customer confirms that they have taken note of and accept the delivery and payment conditions.
Additional conditions from the customer are only valid if they have been accepted in advance, explicitly and in writing by Gabianna Fashion.
Gabianna Fashion guarantees that the delivered product complies with the agreement and meets the specifications and characteristics stated in the offer, without prejudice to the applicable legal guarantee of conformity.
Article 3: Delivery
Orders will be delivered as long as stock lasts.
Gabianna Fashion strives to process and deliver orders as quickly as possible. Delivery will take place no later than 30 calendar days after the conclusion of the agreement. If delivery within this period is not possible, the customer will be informed as soon as possible. In that case, the customer has the right to dissolve the agreement free of charge, after which any amounts already paid will be refunded within 14 days at the latest.
The delivery times stated on the website are purely indicative. No rights can therefore be derived from the stated terms.
Delivery takes place at the address provided by the customer during the ordering process. The customer is responsible for the accuracy of the provided delivery and billing information. Gabianna Fashion cannot be held liable for delays, failed deliveries or additional costs resulting from incorrect or incomplete data.
Gabianna Fashion's obligation to deliver shall be met, subject to proof to the contrary, as soon as the goods delivered by Gabianna Fashion have been offered to the customer once at the delivery address chosen by the customer. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer to deliver.
Gabianna Fashion is not liable for delays that are solely due to the carrier, force majeure or other circumstances beyond its reasonable control. This provision does not affect the consumer's legal rights.
Article 4: Right of withdrawal
The provisions of this article apply exclusively to customers who purchase products online from Gabianna Fashion as consumers, in accordance with Book VI of the Code of Economic Law (Book VI CEL – art. VI.47 et seq. CEL).
The customer has the right to withdraw from the agreement within a period of 14 calendar days without giving any reason. To exercise the right of withdrawal, the customer must inform Gabianna Fashion of their decision to withdraw from the agreement by means of an unambiguous statement (e.g. in writing by post or email). The customer must return the goods within 14 calendar days. The direct costs of returning the goods are borne by the customer.
The consumer can use the model withdrawal form for this, but is not obliged to do so.
The withdrawal period expires 14 calendar days after the day on which the consumer, or a third party designated by him (who is not the carrier), physically took possession of the product.
Return address:
GABIANNA FASHION
Moeskroenstraat 802
8930 Rekkem – Belgium
The customer must prove that the delivered goods have been returned in time, for example by means of proof of postal delivery. To enable a full refund, items must be returned in their original new condition, with all original labels (tags), accessories and, if available, the original packaging. If the goods have been used, encumbered or damaged in any way by the customer, the right of dissolution lapses.
Gabianna Fashion undertakes to make a refund within 14 working days after the day on which it is informed by the customer of their decision to withdraw. The full purchase amount excluding the shipping costs incurred by the customer will be refunded.
Gabianna Fashion is not obliged to refund additional costs incurred due to the customer's explicit choice of a delivery method other than the cheapest standard delivery offered by the company.
Exceptions:
The right of withdrawal is excluded for:
- Services whose performance, with the consumer's consent, began before the seven working day period.
- Goods manufactured to the consumer's specifications, for example custom-made items, or which are clearly personal in nature.
- For goods or services that cannot be returned due to their nature, for example due to hygiene reasons or which can spoil or age quickly.
- Goods or services whose price is subject to fluctuations in the financial market over which the supplier has no influence.
- Audio and video recordings and computer software of which the consumer has broken the seal.
- The delivery of newspapers and magazines; for betting and lottery services.
- Oother exceptions as specified in Article VI.53 of the Code of Economic Law.
If the customer exercises their right of withdrawal, the costs for return shipping are borne by the consumer.
Article 5: Prices
All our prices stated on the website are expressed in euros (€), including 21% VAT and excluding shipping costs, unless expressly stated otherwise.
The prices applicable at the time the order is placed are binding.
Shipping costs are displayed separately before the order is finally placed.
If an obvious error or mistake occurs in the stated price or product information, the seller is not obliged to deliver the product at the incorrectly stated price. The seller reserves the right to correct such errors and, if necessary, cancel the order or inform the customer about it before the agreement is executed.
Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.
Discount codes cannot be applied to already discounted products. Discount codes cannot be combined with other promotions.
Article 6: Privacy
Gabianna Fashion processes personal data in accordance with GDPR. Shopify can act as a processor.
Article 7: Legal Warranty & Non-conformity
Gabianna Fashion guarantees that the delivered products comply with the agreement and meet the requirements that can reasonably be expected in terms of quality, functionality and lifespan. This is in accordance with the manufacturer's warranty on the delivered product.
The warranty period corresponds to the period used by the manufacturer. Gabianna Fashion cannot be held liable for the suitability of a product for a specific application, nor for advice regarding its use.
The customer must inspect the products immediately upon receipt. If a product is found to be incorrectly delivered, damaged, defective or incomplete, this must be reported to Gabianna Fashion in writing as soon as possible, and no later than 14 calendar days after delivery. Returns must be made in original condition and packaging, including accessories and documentation. The right to warranty lapses if the product has been used after a defect has been identified, becomes damaged, is resold or is modified.
If a complaint is found to be justified, Gabianna Fashion will, at its discretion, replace the product free of charge or make a suitable arrangement. Gabianna Fashion's liability is in all cases limited to the amount of the relevant invoice, or to the amount paid out by its insurance.
Gabianna Fashion is not liable for damage resulting from intentional acts or conscious recklessness of non-managerial personnel.
The warranty does not apply if:
- the customer is in default towards the entrepreneur
- the product has been repaired, altered or processed by the customer or third parties;
- the product has been exposed to abnormal conditions or has been handled carelessly;
- the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used
Article 8: Order and conclusion of the agreement
An agreement between Gabianna Fashion and a customer is concluded after an order has been assessed by Gabianna Fashion for feasibility.
The agreement comes into effect as soon as the customer accepts the offer electronically and meets the stated conditions. Gabianna Fashion confirms receipt of the order electronically.
Gabianna Fashion reserves the right to refuse an order or impose additional conditions if there is an objective reason for doing so, such as an incomplete or incorrect order, a suspicion of abuse or fraud, payment problems, a previous serious shortcoming by the customer, or unavailability of the ordered product. If an order is not accepted, the customer will be informed as soon as possible. Any amounts already paid will be refunded.
Unless expressly agreed otherwise, payment for the order must be made at the time of the order using a payment method offered by Gabianna Fashion. The order will only be processed after payment has been received, unless a different payment method has been expressly agreed upon.
Article 9: Offer
Gabianna Fashion compiles the information on its webshop with the greatest possible care. Despite this care, it is possible that certain information is incomplete, contains obvious material errors or is not completely up to date.
Images are for illustrative purposes only and may differ. The accompanying photos are for decorative purposes and may contain elements not included in the price.All images; photos, drawings etc.; among others, data concerning weights, dimensions, colours, images of labels, etc. on the Gabianna Fashion website are approximate only, indicative and cannot give rise to compensation or dissolution of the agreement.
Obvious mistakes or errors in the offer do not bind Gabianna Fashion. Gabianna Fashion is only bound by an obligation of means with regard to the accuracy and completeness of the information offered and is in no case liable in the event of manifest material errors, typesetting or printing errors.
Customers with questions about, among other things, sizes, colors, materials, availability or delivery times can always contact Gabianna Fashion's customer service before placing an order.
The offer is always valid as long as stocks last and can be changed or withdrawn at any time. Gabianna Fashion cannot be held liable for the unavailability of a product.
If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
Article 10: Force Majeure
Gabianna Fashion is not liable for the non-performance, untimely performance or incomplete performance of its obligations if this is due to force majeure. Force majeure is understood to mean any event beyond the reasonable control of Gabianna Fashion that temporarily or permanently makes the performance of the agreement impossible, including but not limited to natural disasters, fire, government measures, pandemics, war, strikes, disruptions in transport, energy or communication networks, and shortcomings of suppliers or carriers.
In case of force majeure, Gabianna Fashion has the right to suspend the performance of its obligations for the duration of the force majeure. If the force majeure is of a permanent nature or lasts longer than is reasonably justifiable, Gabianna Fashion can wholly or partly dissolve the agreement, without being obliged to pay any compensation.
If Gabianna Fashion has already partly fulfilled its obligations or can partly fulfill them at the time when the force majeure occurs, the already performed or deliverable part can be invoiced separately, insofar as this part has an independent value for the customer. The customer is obliged to pay this invoice as if it concerned a separate agreement.
Article 11: Liability
Gabianna Fashion is not liable for damage due to incorrect use. Liability is limited to the value of the order.
Article 12: Retention of Title
All products delivered by Gabianna Fashion remain the property of Gabianna Fashion until the customer has fully paid the entire purchase price, including any costs and due amounts.
As long as the retention of title applies, the customer may not pledge the products, transfer them as security or encumber them in any other way. The customer undertakes to point out Gabianna Fashion's retention of title to third parties, if necessary.
If third parties seize the products delivered under retention of title, wish to establish rights thereon or assert claims, the customer is obliged to notify Gabianna Fashion thereof immediately and in writing within a reasonable period at the latest.
Article 13: Intellectual Property
All content on Gabianna Fashion's website and webshop, such as texts, photos, images, software, layout, logos and product descriptions, is protected by copyright and other intellectual property rights. This content is owned by Gabianna Fashion or is used with permission.
It is not permitted to copy, reproduce, distribute, publish, modify, use for commercial purposes or exploit the content, in whole or in part, in any other way, without the prior, explicit and written consent of Gabianna Fashion, except insofar as this is legally permitted.
Article 14: Prohibited Use
The customer undertakes to use Gabianna Fashion's website and webshop exclusively in accordance with applicable law and these general terms and conditions. It is prohibited to use the website for fraudulent, misleading or unlawful purposes, to distribute malware or other harmful software, to collect or copy data without permission (scraping), or any other action that could harm the operation, security or integrity of the website.
Article 15: Nullity & No Waiver
IIf one or more provisions of these general terms and conditions prove to be invalid, void or unenforceable, the remaining provisions shall remain fully in force.
The fact that Gabianna Fashion does not or does not immediately exercise a right under these general terms and conditions does not mean that it waives that right. Gabianna Fashion reserves the right to exercise this at a later time.
Article 16 – Customer Service
For questions, comments, or complaints, the customer can contact Gabianna Fashion's customer service by e-mail or by post at the address of the registered office. Gabianna Fashion strives to handle every complaint as soon as possible and to provide the customer with a clear and reasoned response within a reasonable period.
Article 17 – Payment
The available payment methods are clearly stated on the Gabianna Fashion webshop. The customer must pay the full purchase price, including any additional costs, via one of the payment methods offered by Gabianna Fashion.
The customer undertakes to provide correct and complete payment and billing information and to keep it up to date, if necessary.
Unless expressly agreed otherwise, the order will only be processed after full payment has been received by Gabianna Fashion.
Article 18 – Proof
The customer accepts that electronic communication, such as e-mails, order confirmations, invoices and other digital data, as well as Gabianna Fashion's electronic administrations and backups, can serve as proof of the agreement, the order, the payment and its execution, subject to counter-evidence in accordance with applicable law.
Article 19 – Changes
Gabianna Fashion reserves the right to change or supplement these general terms and conditions at any time.
The amended general terms and conditions apply exclusively to agreements concluded after the effective date of the changes. They do not apply to already placed or ongoing orders, unless the law stipulates otherwise or the customer expressly agrees to the change.
Article 20 – Disputes and applicable law
These general terms and conditions and all agreements between Gabianna Fashion and the customer are exclusively governed by Belgian law.
Disputes arising from or related to these general terms and conditions or the agreement will be submitted to the competent courts in accordance with applicable Belgian law.
Artikel 21 - Tools en links van derden
The website may contain links to third-party websites or services. These links are provided for informational purposes only. Gabianna Fashion has no control over the content or operation of these external websites and, to the extent permitted by law, is not liable for any damage resulting from their use.
Artikel 22 - Cookies
Cookies are used in accordance with the cookie policy. The user can manage them through settings.
Article 23 – Giveaways
Gabianna Fashion may organize giveaways via its social media, including Instagram and Facebook, where a gift voucher or another benefit can be won.
Unless expressly stated otherwise, a won gift voucher is valid for 3 months from the date the winner is announced. After the expiry of this validity period, the gift voucher automatically expires and can no longer be used or extended.
The winner will be contacted personally via the social media platform on which the giveaway was organized or via another contact channel provided by the winner. The winner will receive all necessary information about the use of the won gift voucher.
If the winner has not yet used the gift voucher after two months, Gabianna Fashion may send the winner a reminder. However, not sending a reminder does not affect the validity period of the gift voucher.
If the gift voucher is not used within the validity period of three months, the right to the gift voucher lapses definitively. The gift voucher cannot thereafter be redeemed, extended, or converted into cash.
Unless expressly stated otherwise, won gift vouchers are personal, non-transferable, and not exchangeable for cash.