Hello there! We are Etnia and we would like to invite you to read these terms and conditions that rule the operation of our website.
Throughout the site, the terms “we”, “us” and “our” refer to Etnia. Etnia offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, collaborators, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Article 1 Identity of the seller
Monday to Friday from 9:00 until 17:00 CET/CEST
Email address: email@example.com
Article 2 Applicability
- Our Terms and Conditions apply to all offers by us as Online Retailer, to you as Consumer (any natural person who, for non-professional purposes only, acquires or uses products or services on the market).
- We deliver in Belgium and in other countries of the European Union, USA and Canada. If you select a shipping address in a different area from the ones we offer, we can refuse your order.
- You need to be at least 18 years of age to place an order. By agreeing to these Terms of Service, you represent that you are at least the age of 18. If you're not 18 yet, we would like to ask you to have your parents or a legal guardian place the order. If we notice that an order has been placed by a minor, we can refuse this order.
- Visiting or placing an order on the website counts as explicit acceptance of our Terms and Conditions, which can be always accessed through our website.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any Belgian or European laws or laws in your jurisdiction (including but not limited to copyright laws).
Article 3 Our products, services, payments, and your order
- We will describe what and how we sell as fully and accurately as possible. The description will be sufficiently detailed to enable a good evaluation of the offer by the consumer. If we use images, these will be a true representation of the offered products, digital content, and/or services. Errors could happen, and if we have clearly made a mistake, we are not required to deliver afterwards.
- We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. Please consider that the device you use to visit our site could display colours inaccurately or differently. Because of the handmade nature of the products offered on our site, variances may occur in size, shape, shades, colours, textures, appearance, and uniformity.
- If you order from us, you will receive a confirmation by email. If the payment company does not approve of your payment to us, we cannot be held responsible for delays in shipping and/or non-delivery of your order. Orders without valid payment in the name of the registered payer or cardholder will not be accepted or processed.
- You are not required to have an account to place your order, but one will be automatically created after ordering. You will be sent an email inviting you to nominate a password thereby allowing you to log in and track your orders, use the Wishlist function, manage your address, and submit a return request. You can always ask us to delete your account should you not wish to keep it.
- To purchase a product, you add the product to your shopping cart. Afterwards, you will be required to provide your email and you will have the choice of creating an account by setting up your password. If you decided to continue without setting your password, an account will be created automatically, and you will have the option to set your password afterwards. You will provide your contact information. Next, you choose your delivery method. You can set up different billing information if you require so. The next step will be to select your payment method and enter payment details, accept terms and conditions, and place the order. During these steps, you will see an overview of your order: What you see is what you pay. Once you have completed these steps, your purchase is final.
- We have the right at any time to modify or discontinue the Service (or any part or content thereof) or to limit the quantities of any products or services that we offer, without notice at any time, by updating the information on our website. We can also change at anytime the description and pricing of our products or discontinue them without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- We can only accept payment via the payment modules on our website. To guarantee secure online payments and the security of your personal data, the transaction data is transmitted via the internet, encrypted with SSL technology. You can recognize that we use a secure SSL connection by the "lock" icon in your browser's status bar.
- Our prices are VAT inclusive. There are no hidden fees or charges, what you see in your order total is what you will pay.
Article 4 Conformity and Guarantee
We source the most amazing handmade products. Because of their nature, handmade products are unique, and their characteristics differ from one to another. Products do not necessarily present uniformity in their elements and thus variances in size, shape, shades, colours, textures, appearance, and uniformity might occur. We guarantee that our goods are in accordance with your order and meet the normal expectations that you may have, taking into account the specifications of the product.
Article 5 Shipping and order fulfilment
- All goods are delivered to the address you supplied in your order. It is important that you double-check the shipping information before placing your order. What you provide us with, is what we will use for fulfilling your order. If you made a mistake, please notify us as soon as possible so we can help you. Once the order is shipped, we cannot change the delivery address, or guarantee the recovery of your order. We will do everything we can to help you, but we cannot be held responsible for this.
- We will take the greatest possible care when receiving and implementing product orders.
- We use Bpost as a standard shipping method, but we also provide other carrier options. These options may change or be modified at any time and you can check that information on our website.
- In some instances, we offer free shipping and/or free returns promotions to selected countries and for orders or products that fall under a specified minimum amount. These promotions may change or can be modified at any time and the information will be displayed on our website. These promotions will not apply retroactively to orders purchased before the promotion.
- We will execute accepted orders expeditiously but no later than 30 days unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be executed, we will always inform you before the expiration of the planned delivery period. If we do not, you can cancel your order, free of charge. In that case, we will refund you within 30 days after termination.
- Our shipments are always at our risk until the time of delivery to you or a representative appointed by you. You do not have to worry about goods that are lost in the mail. However, if you return us goods because you would rather not keep them, you are responsible for transportation, unless your order qualified for a free return.
- If the goods delivered by us during the transport were damaged, do not correspond with the items stated on the delivery note, or do not correspond to the items you ordered, you must report this as soon as possible and return the items to us within 15 calendar days after your report. If we do not receive an immediate notification with visual proof of the damage, it is assumed that the item(s) arrived without damage.
- We can not be held responsible for any consequential damages due to late delivery or non-delivery by the carrier that the company has appointed. Our liability in such cases is limited to the value of the items that are shown not to have been received by the customer.
Article 6 Right of withdrawal, returns & refunds
- We want and hope that you are satisfied with our products and services, but if you wish to return a product you purchased at Etnia, you will have 30 days after the delivery day to return it to us. You will have to submit a request through our website (using your account), after which you will have to send the item to us. You can opt for a refund, store credit, or exchange.
- You can then return your order without penalty. Within 5 days after we have received back your order, we will refund you the full purchased price to the original payment method you used to pay. Alternatively, we can offer you store credit so you can purchase other items at our store. You can also opt to exchange the product for an item of the same or lower value.
- We refund the shipping cost only if you chose a standard shipping method (Bpost) and if the refund request is for the order total and not for partial refunds.
- If your order qualified for free shipping and free return, we will send you by email the shipping label so you can return the goods without cost. Alternatively, you will send the goods at your own expense, and with a tracking option.
- Depending on your financial institution, once we have issued your refund, it may take between 3 to 10 business days for you to receive it. This is not determined by us.
- To be eligible for a refund, credit store, or exchange, items should be returned unused and in the same condition that you received it, with all included accessories, in the original condition. We may wait with reimbursement until we have received the goods back without damage and unworn.
- Because our products are handmade and unique, we may have limited quantities of them to replace for an identical item in case of a return for exchange (but you can opt for either refund or store credit). Therefore, exchange for the same product option will be only possible if we have the same or similar item in our inventory.
- The store credit is non-transferable and non-refundable. Gift cards are based on store credit and are therefore non-returnable and non-refundable items.
- Every return must be always linked to their corresponding proof of payment and purchase.
- To return your product, you should send it to the address we will provide by email.
Article 7 Force majeure
In the event of force majeure, we are not required to carry out our obligations. In the case of force majeure, we can either postpone our obligations for the duration of the force majeure or terminate the agreement permanently.
Force majeure includes any situation outside of our will and control which prevents us from fulfilling our promises to you. This includes but is not limited to strikes, fire, malfunctions, power failures, network failures in, for instance, telecommunication networks, connections, or used systems of communication, or the unavailability of our website at any time, non-timely delivery by suppliers or other third parties.
Article 8 Intellectual property
Our website, logos, texts, photos, names, content, and all our communication, in general, are protected by intellectual property rights known to us, or to our suppliers or other beneficiaries.
It is prohibited to use and/or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photographs, texts, logos, colour combinations, or any other elements or content without our prior written consent.
Article 9 Website tools and resources
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Article 10- User comments, feedback and other submissions
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, images, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, discriminatory, refer to hate speech, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Article 11 Errors, inaccuracies, and omissions
Even if we strive to achieve perfection, Errare Humanum Est, so there is a probability that there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We will do our best to correct these mistakes promptly, so we have the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time (including after you have submitted your order).
Article 12 Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Article 13 Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Etnia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Article 14 Indemnification and severability
You agree to indemnify, defend and hold Etnia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Article 15 Termination, entire agreement, and changes
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Article 16 Complaints procedures and disputes
We want and hope that you are satisfied with our products and services. If you do have a complaint, please let us know as soon as possible via firstname.lastname@example.org. We'll do everything we can to help you within 5 working days.
All agreements that we conclude with our clients, regardless of their place of residence, are governed exclusively by Belgian law, and in case of a dispute, only the competent Belgian courts are competent. If for reasons of international law, another law applies, Book VI of the Belgian Economic Law Code will be referenced when interpreting the current Terms and Conditions.
The Consumer Mediation Service of the FOD Economie is qualified to process any request to settle extrajudicial consumer disputes. They will, in turn, process the request themselves or send it to a qualified entity. You can reach the Consumer Mediation Service via this link: https://www.consumentenombudsdienst.be/en
If there is a cross-border dispute, the consumer can rely on the Online Dispute Resolution Platform of the European Union via this link: https://ec.europa.eu/odr.