Conditions of sale
The BillyXClub website offers an online trading platform for the sale of perfumes and its accessories. Please feel free to knowledge of our online offer and find out how we can help.
BillyXClub (Further on also referred to as “We” and “Our”.)
Org.Nr. BE 0538 958 427
Feel free to contact us in case of any questions or comments. We ask you to keep your order number and/or other relevant information close as this might help us to respond swift and to the point. You can contact us via [email protected]
We apply certain concept that need to be understood as:
"Purchaser": Any natural person (B2C) or legal (B2B) that enters into a contractual relationship of any kind with BillyXClub. Each "Purchaser" agrees not to purchase our products with the mere purpose to sell these, unless BillyXClub granted an express permission. Further also referred to as 'you' or 'your'.
'Consumer': Any natural person in the capacity of Purchaser who is acting for purposes that are outside his trade, business or profession.
"Products": All goods and services that are the subject of this sale.
“Goods made to the consumer’s specifications”: Non-prefabricated goods made on the basis of an individual choice of or decision by the consumer.
“Sales contract”: Any contract under which the BillyXClub transfers or undertakes to transfer the ownership of goods to the Purchaser and the Purchaser pays or undertakes to pay the price thereof, including any contract having as its object both goods and services;
These Conditions of Sale shall apply to all current and future sales of Products by BillyXClub to the Purchaser. The Purchaser accepts these Conditions of Sale as well as all other rights and obligations as stated on the website as soon as the Purchaser makes use of our website.
These Conditions of Sale shall be always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid insofar as it is the result of mutual agreement that is recorded in writing. Explicit derogations are only valid to replace or supplement the clauses to which they relate. This does not affect the applicability of the other provisions of these Conditions of Sale.
BillyXClub reserves the right to amend and/or supplement the Conditions of Sale in the future. A future change will obviously have no effect on existing product orders and the resulting agreements.
Offer and Acceptance
We present our product offer with the utmost care. BillyXClub is committed to communicate sufficient information about the characteristics of the products, including olfactic descriptions and photographs illustrating the products. We rely largely on the information that has been made available by the partners and suppliers. BillyXClub applies the best technical resources and standards on the market for the purpose to inform you. The images displayed on our website approximate a true image of the significant features of our products. We also attach great importance to the artwork on the products upon presentation on the website. For that reason the online presentation of our products can deviate slightly from the actual presentation, for example perfume bottles may be presented without the fragrance inside.
Every offer on our website is only an invitation to the Purchaser to make a purchase and can therefore not be considered a binding offer regarding BillyXClub. An offer is only valid while stocks last. If the product is no longer in stock we reserve the right to inform you within 15 calendar days.
We reserve the right to attach particular conditions to a specific offer, such as a limited duration. You can rest assured that these conditions will be communicated explicitly and prior to the order.
BillyXClub is not bound by its offer when this offer has been compromised by a clear error or mistake. Obvious errors in price, such as obvious inaccuracies, can still be corrected by BillyXClub following the conclusion of the agreement.
All prices are indicated in EURO and/or other local currencies (on the basis of IP address) and include VAT and other taxes. It is the Purchaser’s responsibility to take account of and acknowledge the applied currency before completing the order. We might indicate prices exclusive of VAT and other taxes for purchases that take place within the framework of a business or profession. The individual product price does not include the costs of delivery and other additional costs, but we will communicate these costs in the last step of our online ordering process. The use of certain selected payment methods can entail additional costs, which are exclusively borne by the Purchaser.
NOTE: BillyXClub tries to communicate a full pricing but certain circumstances can give rise to additional costs, such as import duties and specific freight, delivery or postage costs and costs for requested insurance. The Purchaser is responsible to take account of the additional costs. These costs are always and solely borne by the Purchaser.
BillyXClub has the right to change prices at any time, but we always apply the prices that are indicated on the website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
The Purchaser purchases our products by completing the online ordering method. This purchase is binding on the Purchaser upon completion. BillyXClub will send a confirmation of the order within 7 calendar days, directed at the specified e-mail address of the Purchaser. The Sales Contract is concluded as soon as the confirmation of the order is send.
BillyXClub retains the possibility to reject the product order in an explicit statement or refuse to send a confirmation. BillyXClub will inform the Purchaser and (where possible) propose a similar product if the original order cannot be executed or only partially executed. BillyXClub will react to a product order within 14 calendar days. There is no Sales Contract if BillyXClub refuses the order or the Purchaser does not agree with the proposed alternatives. All made payments will be soon refunded. The Purchaser is not entitled to any form of compensation.
The Parties expressly acknowledge that different types of electronic communications, such as email, give rise to a valid agreement. BillyXClub can make use of all electronic files available to prove the Sales Contract, within the legal boundaries. An ordinary digital or electronic qualified signature is not an essential requisite proof.
The price as displayed on the confirmation of order is the final price to be paid, barring the exception of article 2 – Our Prices. The Purchaser that remain with any complaints regarding our pricing and payments must communicate these complaints in a written statement, within 7 calendar days after the confirmation of order. Other complaints must also be clearly communicated in writing within 7 calendar days. The filing of a complaint does not suspend due payments.
Each payment is handled promptly and completely upon termination of the online order method. We accept all major valid and internationally accepted credit cards and electronic payment as indicated on our website. BillyXClub has taken all reasonable measures that ensure a safe payment. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees. We make use of the secured payment system of PAYMILL GmbH and PayPal Inc. for the further processing of the payment. This closed security processes your bank details always in an encrypted manner. The necessary security via SSL is provided.
We provide an invoice on request if the Purchaser orders a product in the context of a business or profession (B2B).
BillyXClub is only obliged to deliver the order as soon as we have received the full payment of all amounts owed by the Purchaser. BillyXClub always retain ownership of all products ordered until full payment of all amounts due under this Agreement, regardless whether the delivery has already occurred.
We process every order with great care, within 30 days after the confirmation of order. BillyXClub has the right to stipulate wider delivery terms in exceptional cases. These divergent delivery deadlines are always communicated within a 5 days after the confirmation of order. The delivery dates mentioned on our website have an indicative value. The Purchaser may terminate the agreement only if BillyXClub fails to deliver within the communicated delivery deadline. In the event of such termination, BillyXClub will reimburse all sums paid without undue delay and no later than 14 days after termination of the agreement.
BillyXClub utilizes external parties and carriers for the execution of the delivery. This may have an effect on the delivery. BillyXClub takes however no responsibility for delivery arriving late or for an order which is lost by third parties or by unforeseen circumstances or force majeure. BillyXClub will conduct an investigation at the carrier if a send order remains undelivered. This takes several days during which term we cannot provide a re-delivery or reimbursement.
A delivery is performed as soon as the ordered products are offered one time at the indicated address. The Purchaser is responsible to make the delivery possible at the indicated address, either in the presence of the purchaser or a third party designated by the Purchaser. If a delivery is offered unsuccessfully due to a failure by the Purchaser or the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.
BillyXClub bears the risk for damage and/or loss of the goods until the moment of delivery. The risk of the goods shall pass to the Purchaser when the Purchaser or a third party designated by him shall receive the products ordered. The signature required upon delivery is no formality and has no effect on the transfer of risk.
Defects and complaints
BillyXClub always strives for a high level of customer satisfaction, but we cannot fully eliminate defects and complaints. That is why we worked out a guarantee-regime that allows us to conquer your satisfaction again. The conditions of the guarantee are always to be met. Additional commercial guarantees are also possible. BillyXClub provides a DOCUMENT OF RETURN that allows us to collect all necessary information that guarantee a valid use of your rights. This document must be requested and returned via [email protected].
The statutory warranty period, as provided in Article 1641 to 1649 Belgian Civil Code is fully applicable to this agreement. Each Purchaser is by consequence entitled to a recovery if he finds a defect in the delivery of the ordered product, to the extent in accordance with the terms of the legal warranty obligation. The Purchaser does not enjoy any warranty if he was aware of the defects upon conclusion of the online order.
The Purchaser or the third party designated by the Purchaser is required to examine the products accurately on their conformity as soon as he received the products. The purchaser must submit a complaint if the product is affected by a visible defect and the receiver perceives this defect. Purchaser shall communicate these complaints in a written statement and in an explicit, unambiguous and motivated manner towards BillyXClub. This must be done within seven (7) days after delivery to the Purchaser or a third-party designated by the Purchaser. It is the duty of the Purchaser to motivate this communication sufficiently. We recommend a statement that uses all reasonable technical resources, such as photo and video.
The Purchaser must send the defective products to BillyXClub. We require the products in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any deficiency in this obligation will be reduced proportionally in the repayment. The cost of remand will be borne by the Purchaser. The remand is always at risk of the Purchaser. We recommend a registered and insured remand to avoid the risks of loss and theft. This remand must be done within 7 calendar days after the communication.
The warranty is not applicable in case of:
Damage caused by normal wear and tear; accidental or intentional changes caused by the Purchaser to the product, including improper and incorrect use, exposure to moisture, fire, earthquake or other external causes.
Damage caused upon a use that is not in accordance with the provided information and instructions. These instructions and information may also be provided via electronic communication channels.
Damage caused after the removal of affixed seals on certain parts and/or after removal or defacing of the serial numbering and other product ranges. Affixed seals can never be removed without the express written permission of BillyXClub.
The Purchaser shall not be entitled to remand the products in the absence of a substantiated complaint. The Purchaser is only entitled to a free replacement of the ordered products if the conditions of warranty are met. BillyXClub is only held to a reimbursement if the replacement no longer produces the same benefit for the purchaser. The Purchaser will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursements can never exceed the amount as invoiced to the Purchaser.
BillyXClub will send the products again to the Purchaser if the Purchaser has send the products to us although the abovementioned conditions were not met. The cost of this remand will be borne by the Purchaser. BillyXClub may stock the products at third parties for as long as the costs of return are not met. The stockage will take place on account and at risk of the Purchaser.
Right of withdrawal
Every Consumer has a right of withdrawal if the following conditions are met. The right of withdrawal provides the consumer with the possibility to decide that he does not agree with the purchase without the need to motivate this decision. The consumer is not required to pay any penalty or fee for the use of his right of withdrawal. The consumer must use his right of withdrawal within 14 calendar days from the day following the delivery of the product.
The consumer is not entitled to right of withdrawal in the following cases:
The supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawel period (Artikel VI.53.2° Belgian Economic Law Code)
The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (Artikel VI.53.5° Belgian Economic Law Code)
The supply of goods made to the consumer’s specifications or clearly personalised (Artikel VI.53.3° Belgian Economic Law Code)
The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items (Artikel VI.53.6° Belgian Economic Law Code)
The consumer who wishes to invoke the right of withdrawal must always communicate his decision explicitly and unambiguous in a written statement. It is up to the consumer to prove that he can rely on his right. BillyXClub provides a DOCUMENT OF RETURN that allows us to collect all necessary information that guarantee a valid use of your rights. This document must be requested and returned via [email protected].
The following information must always be clearly communicated:
The following three dates, ie the date of order, date of receipt and the date on which the right of withdrawal is used;
Name and address of the consumer;
Signature of the Consumer;
The consumer must remand the products to BillyXClub as soon he has notified his decision to BillyXClub and within 14 calendar days of the communication. The remand can only be done by an authorized carrier. In any case, the consumer will bear all costs and risks of remand.
If the consumer uses his right of withdrawal in conformity to the abovementioned conditions, BillyXClub will take care of the reimbursement of any amounts already paid. We do not reimburse any additional delivery costs, such as the cost if the consumer selected a delivery method that differs from the cheapest standard delivery method.
This reimbursement will take place without undue delay and certainly no later than 14 calendar days. BillyXClub has the right to suspend the reimbursement as long as no evidence of return is provided by the Consumer. The reimbursement will be done by way of the same payment method as used in the original transaction, unless the consumer expressly otherwise agreed. No fees will be charged for the reimbursement.
The consumer shall be liable for any diminished value of the products resulting from the handling of the products other than what is necessary to establish the nature, characteristics and functioning of the products. BillyXClub is entitled to charge the costs of the impairment in proportion to the repayment.
The consumer has no right of withdrawal if the above conditions are not met. In that case, the goods will be returned to the consumer at the expense and risk of the consumer. BillyXClub undertakes to communicate her motives clearly to the Consumer.
Force majeure exists if BillyXClub is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. BillyXClub is in that case not obliged to fulfil its obligations for the time and may suspend its obligations for the duration of the force majeure.
BillyXClub retains all intellectual property right and related rights. These intellectual property rights include copyrights, trademarks, design rights and / or other (intellectual property) rights, including (patentable) technical and / or commercial know-how, methods and concepts. BillyXClub attaches a great importance to its intellectual property rights and has developed all possible measures to ensure their protection. The Purchaser is not allowed to make use of intellectual property and/or make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the product.
Your privacy, our concern.
Applicable law and competent court.
All offers and agreements are subject to Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.
All disputes relating to or arising out of offers and concluded agreements with BillyXClub shall be brought before the competent court of the judicial district of Antwerp, Belgium.