Terms of service
TERMS OF SERVICE AND PUCHASE
This Website www.ta-well.com is operated by Tatiana Boeckx, operating through her trade name Tawell, residing at Amerikalei 150 bus 13, 2000 Antwerp, Belgium, Crossroads Bank for Enterprises number 0758.705.987, hereinafter referred to as “Tawell”.
Tawell offers this Website, including all information, goods and services available from this site to you, the Client, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these terms of service and purchase.
You can contract Tawell through the following means:
Tel number: +32 471 63 40 57
IBAN BE76 0689 3964 5895 BIC GKCCBEBB
SECTION 1: GENERAL PROVISIONS
These terms of service and purchase (the “Terms”) are applicable on all purchases and services delivered by Tawell whether by way of purchase through its webshop, by way of e-mail communication with Tawell, etc. These Terms also apply to all users of the Website.
Tawell offers a range of products related to beauty, homewear, collectibles and wellbeing.
By visiting our Website and/ or purchasing something from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
When you do not explicitly identify yourself as a representative of a company, Tawell may validly determine that the Client will order as a Client-consumer.
Please read these Terms carefully before accessing or using our Website. Before making any order you will be required to explicitly accept these Terms. All other Terms, including terms of conditions of purchase from the Client, are expressly disclaimed and non-applicable to the relationship between Tawell and its Client.
Parties can expressly deviate from these Terms by written agreement between Tawell and its Client. The remainder of these Terms will, however, remain applicable in its original format.
You can review the most recent version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or making changes to our Website. It is your responsibility to check this page periodically for changes. These Terms have been updated latest on 03/04/2021.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The Client expressly agrees that, the order process, the Terms and other communication will be in English. The Client will not be able to contest these Terms because the Terms, or the order process is in his or her native language or the language of the country the Client is residing, or registered in.
SECTION 2 – ORDERS – CONCLUSION OF AGREEMENT
The Products displayed by Tawell are described on the Website. It is also possible that Tawell materializes its offer through a tailor-made offer, to which these Terms are added and are deemed an integral part of the offer.
An order made by the Client constitutes as a binding order for the Client. The agreement between parties is constituted when the order confirmation is sent by Tawell, this can be done through automatic email.
Tawell reserves the right to refuse service. For instance Tawell reserves the right to cancel, refuse or suspend the order in case previous orders have remained (partially) unpaid. Tawell reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
By agreeing to these Terms, you represent that you are at least the age of majority in your country, or that you are the age of majority in your country and you have given us your consent to allow any of your minor dependents to use this Website.
SECTION 3 – PRODUCT INFORMATION
Tawell is committed to display its Products with clear descriptions. Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Tawell reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information related to the Products is inaccurate at any time without prior notice.
We have made every effort to display as accurately as possible the colors and images of our Products. We cannot guarantee that your computer monitor's display of any color is fully accurate.
Tawell reserves the right to modify the contents of this Website at any time. Changes can be made in product descriptions, prices, promotions, offers, shipping fees, shipping times and availability. Only the information applicable at the time the order has been made and accepted by Tawell, will be constituted as binding upon parties, notwithstanding the fact that Tawell can cancel the order in case the product information or price in the order is manifestly wrong or incomplete.
For questions concerning its Products, you can contact Tawell through the contact details mentioned above.
SECTION 4 – PRICING
Prices are displayed in EURO, VAT inclusive, and including all other mandatory charges, unless explicitly mentioned otherwise. Tawell is not responsible for any duties or taxes imposed by customs.
Shipping costs, reservation or admin costs or other costs will added as a separate line, before you accept to send out the order. For more information, see our Shipping Policy.
The prices only apply to the Products that are explicitly mentioned in the descriptions on the Website. Pictures or displays on the Website are only for illustration and decorative purposes and can display elements that are not offered for sale, or deviate from the Product that is sold.
Prices are subject to change without notice. The applicable price is the price that is due at the moment of order.
Special discounts are only valid for the indicated products, time frames and for as long as the products are in stock and may be subject to certain conditions.
Purchases may be done using a Tawell gift card. Tawell may at all times request for the original gift card so we advise you to store the gift card (including the code) safely. Tawell shall not be obliged to refund the amount or accept a purchase with a gift card in case of theft (including the use of the gift card by unauthorized third parties) or loss (including the deletion of the gift card email). Each gift card has an unique code. This may be a numerical code and/or a pin code and/or a text code. The code will need to be sent/given to Tawell during the process of purchase. The nature, value, date of purchase, expiry date and/or other specific user terms are mentioned on the gift card itself or in the email mentioning the gift card code. After the expiry date, the gift card may no longer be used. Gift cards are not interchangeable for cash. The remaining value of a gift card may be used for next purchases. If purchase are refunded, the part of the purchase paid with a gift card will be refunded by way of a new gift card. You may use an unlimited amount of gift cards per purchase.
SECTION 5 – AVAILABILITY
The sale of Products is subject to availability. Tawell disclaims any liability for damage, costs, or losses resulting from the unavailability of a Product.
Tawell further reserves the right at any time to modify or discontinue the Product (or any part or content thereof) without notice at any time, and shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You may find your selected items in the digital shopping cart. You can place your order through that shopping cart by checking out. Thereafter, you are required to complete your personal details and select the method of delivery and payment. To complete the Order, you will be required to click‘proceed to payment’ to actually place your order and (if applicable) proceed with the online payment.
We accept all major credit cards, all listed in the bottom left corner of the Website. We also accept Bancontact, PayPal, iDeal, Shop Pay. The fastest checkouts are with PayPal and Shop Pay.
If the issuer of the card refuses to accept the payment, this cannot lead to any liability on the part of Tawell due to any delay in delivery or annulation resulting from such refusal.
Invoices can be received upon request.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
In any case, Products will only be sent if paid in full.
For more details on refunds and cancellation for Client-Consumers, please review our Returns Policy.
SECTION 7 - THIRD-PARTY LINKS
Certain content or products available via the Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with Tawell. Tawell is not responsible for examining or evaluating the content or accuracy and does 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.
Tawell is not liable for any loss 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.
SECTION 8- PERSONAL INFORMATION AND COOKIES
The personal data given by you while making your order is necessary to process and complete your order. If the details are not provided, your order may be cancelled. Transferring incorrect or incomplete personal data constitutes a breach of these Terms and may in any case result in a late delivery of the product.
You are also responsible for maintaining the confidentiality of your login information and the use of your password. Your password is stored in encrypted form and thus Tawell has no access to your password.
You understand that the personal information you provide (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 9: COMPLAINTS AND WARRANTY
Although Tawell is committed to do a quality check and arrange the appropriate packaging for the Product, you may have complaints regarding a Product or its delivery.
As soon as you - or the third party appointed by you to receive the Product on your behalf - receive the product you should inspect the Product.
Any visible damage to and/or qualitative deficiencies of a product or other deficiency in the delivery (e.g. not all products have been delivered) must be reported immediately (at least within 24 hours) by you to Tawell in writing. If you would contact third parties for repair, the risk and costs are on you and the warranty will lapse.
The Client-consumer has a statutory warranty of two (2) years after the date of delivery. Any deficiency must be reported to Tawell within two (2) months of detection. You must return the Product within seven (7) calendar days thereafter. If this is not arranged as such, your rights will lapse.
Hidden deficiencies that manifest after a period of six (6) months from date of delivery shall not be deemed hidden deficiencies. As such you will need to prove that the deficiency existed on the moment of delivery.
The direct costs for returning the product shall be borne by you, unless the complaint is deemed valid, in which case the cost will be refunded. You are advised to retain the original packaging used for the products and include the accessories/documentation and proof of purchase or payment.
As far as possible or reasonable, you will have the choice between a repair or replacement by Tawell. Only if the repair or replacement is unreasonable or impossible or is not possible without reasonable delay, you have the right to ask for a reduction of the price or the termination of the agreement resulting in a repayment of maximum the amounts invoiced.
Lodging a complaint will not result in a suspension of payment obligations.
Any additional costs resulting from choosing a delivery method other than the cheapest standard delivery option offered by Tawell, will not be refunded.
Tawell shall repay you, using the same means of payment as you used in the initial transaction, unless it is explicitly agreed otherwise. In any case, you will not be charged any costs in connection with such repayment.
The warranty is never applicable in case of deficiencies arising as a result of:
- normal wear and tear
- accidents, natural disasters, fire
- negligence, bath faith
- use of the product inconsistent with the purpose for which it was designed
- failure to follow the operating instructions or manual
- modifications or alterations to the product
- rough usage
- poor maintenance
- or any other abnormal or incorrect use after delivery.
If Tawell refuses to accept your request, it will resend the Products back at your cost and risk and by indicating the reasons for doing so. Tawell may store the Product at your expense as long as the costs related to such delivery are not paid.
The remedies provided above shall serve as full and final remedy.
SECTION 10 – INDEMNIFICATION AND LIABILITY
The Client agrees to indemnify, defend and hold harmless Tawell and its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, 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 or the documents they incorporate by reference, or the Client’s violation of any law or the rights of a third-party.
Notwithstanding the terms of section 9 (which prevail), the liability of Tawell, contractual and extra contractual, will always be limited to three (3) times the amount of the purchase.
Tawell shall never be liable for loss of expected profits, goodwill, trading opportunities or expected benefits or savings, nor shall Tawell be obliged to compensate for (other) indirect or consequential damages such as but not limited to damages to third parties.
The exclusion of liability shall not apply in case of fraud, wilful misconduct or in case applicable laws or regulations would impede such limitations.
Without prejudice to mandatory legal provisions or provisions of public policy, any action brought against Tawell should be brought to court within one year after the alleged error or negligence is discovered, or could reasonably be discovered.
Tawell may not be held liable, nor is Tawell required to refund the price paid in case you would appear to be allergic to the product. It is your responsibility to inspect the product description before using the product.
SECTION 11 – SEVERABILITY
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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 and Website (or any part thereof).
SECTION 13 - INTELLECTUAL PROPERTY
All intellectual property rights related to products and branding remains the property of Tawell or its partners at all times. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products, the Website, without express written permission of Tawell.
SECTION 14 - PROOF
You explicitly accept that the agreement can be made electronically.
You accept that electronic communications and other electronic files can be used as proof (such as email and back-up).
SECTION 15 – WAIVER AND ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by Tawell on this Website constitutes the entire agreement and understanding between you and Tawell and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Tawell (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements between you and Tawell shall be governed by and construed in accordance with the laws of Belgium, with the exclusion of the terms of the United Nations Convention on Contracts for the International Sale of Goods.
In case of disputes, Tawell prefers an open discussion with an amicable settlement. In case such an amicable settlement would not be reached, the courts of the district of the registered office of Tawell will have exclusive jurisdiction, unless the applicable laws would impede this.
As a consumer you also have the right to lodge a complaint to an independent dispute resolution body. For instance to the online dispute resolution-platform of the European Commission: http://ec.europa.eu/consumers/odr.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms should be sent to us through email@example.com.