GENERAL CONDITIONS

1. SUBJECT AND DEFINITIONS

The Legal relationship between CLINCH BVBA, with registered office at 2000 antwerpen, Baron Dhanislaan 5, with KBO number (enterprise number) 0894,444,027 (hereinafter called 'Clinch') and the Customer, is governed by the present general conditions (hereinafter indicated as 'Agreement'). The Agreement nullifies and replaces all written or verbal contracts, proposals and obligations which are related to the same object and which may precede the date of this Agreement. The Agreement has primacy over the general and/or other conditions of the Customer, even if such determines that they apply as the only ones. Deviations with respect to the Agreement are only possible after prior and written authorisation by Clinch. Clinch reserves the right to modify the provisions of the Agreement.
Customer: any person who purchases via the www.CLINCHcollection.com site, property of Clinch.
Product: all that is offered for sale via the Clinch website
This Agreement applies to online sales by means of the aforementioned site.

2. ORDER

The Customer can only place an order via the aforementioned website.
Placing an order assumes acceptance of this Agreement, and thus also of the prices and the description of the Products offered.

3. DELIVERY

Clinch commits itself to deliver the ordered Products as soon as possible to the address supplied by the Customer. PO Box addresses are not accepted.
Subject to force majeure the average delivery time for available Products is between 5 and 7 working days. These periods are purely indicative where Clinch cannot be held responsible, in absolutely no way whatsoever, for exceeding the indicated delivery times.
Delivery takes place at the address communicated with the order. The Products are only handed over after presentation of an official identification document and after the customer’s signature on the delivery note indicating good receipt. Any remarks with regard to Products delivered (for example damage or a shortage of items) must be communicated within 48 hours via e-mail to support@CLINCHcollection.com. The Product in question must be returned to us within 7 working days following receipt in its original packaging with an indication of the remarks and with the request for an exchange or for repayment.
The Customer is informed of the transport risks for which the postal services or carrier are exclusively responsible.

4. PAYMENT METHOD

When placing an order the Customer has the choice between the following payment methods:

Online with a credit card (Visa or Mastercard)
With online payment the operation is carried out as soon as the Customer has confirmed the order.
Via transfer
Via transfer to account number 001-5416191-78 of
CLINCH BVBA 
Baron Dhanislaan 5
2000 Antwerpen
IBAN BE69 0015 4161 9178
 BIC GEBABEBB 
Only in this event can the payment be postponed up to a maximum of 5 working days after expiry of the renouncement right stated in Article 7. Clinch will, however, charge an additional administration cost of 15.00 Euros. In the event of late payment (beyond the above stated 5 days), the chargeable amount will be legally raised and without proof of default, by an interest amount equal to 1% per month, where each started month is considered as being expired, and a fixed compensation of 15% on the principal sum with a minimum of 25.00 EUR.

5. TRANSFER OF OWNERSHIP – RESERVATION OF TITLE

Contrary to Article 1583 of the Civil Code, Clinch remains the owner of the sold Products up to the day of complete payment of the price in principal and/or interest(s) and/or fixed compensation(s) and/or transport costs. Herewith the Customer transfers all amounts to Clinch which would be chargeable to him by third parties. The Customer relieves Clinch of any formality of importance and will bear the possible costs related to that. In addition to this the Customer authorises Clinch to take back the Products at any moment, as long as they have not been paid for entirely, and no matter where they are located.

6. TARIFFS

Prices for the offered Products, stated on the website, are in Euros, including VAT and shipping and exclusive possible taxes or other levies, unless otherwise stated or communicated in writing.
The prices of the Product, as stated on the website, are binding for Clinch at the moment of the order placed by the Customer.
Clinch reserves the explicit right to modify prices, in particular when such is necessary on the basis of (legal) regulations.

7. RIGHT OF REFUSAL

Within the framework of sale at distance to consumers which falls under the act of 14 July 1991, amended by the act on 25 May 1999, the consumer is entitled to communicate to the sales personnel that he refuses the purchase, without fine and without statement of reason, within seven working days as from the day following the day of delivery. This refusal right is granted to the consumer to allow him to make a good assessment of the purchased item in circumstances similar to a shop window. According to law, under consumer is understood: every physical person or legal person who obtains or uses products or services brought on the market for non-professional purposes. The Customer therefore does not enjoy this refusal right if he purchases Products from Clinch for professional purposes. If the Customer is not happy with a Product, Clinch will commit itself to exchange this Product or to offer a refund. The Product must be returned undamaged, clean and in its original packaging. In the event of non-compliance with this the goods will remain at the disposal to the Customer, who will have to pay the cost of the Product. All returned shipments take place at the risk of the Customer and must take place within 7 working days, by returning the package, sufficiently stamped, to:
CLINCH BVBA,  Baron Dhanislaan 5,  2000 Antwerpen.
The Customer must request proof of return at the post office.
Damaged, soiled or already-used Products cannot be returned.
If the Product has already been paid for, Clinch will, in the event of an accepted return shipment, refund the cost of the Product, exclusive of the shipment costs, within 30 days after receipt of the return package, to the bank account of the Customer.

8. LIABILITY

Clinch guarantees that the Products which are delivered comply with the demands which Clinch places on its Products. Exceptions to this are possible small deviations in colour, in cutting, and in the natural properties of the leather.
On its website Clinch tries to reflect the colours of the Products as accurately as possible. Nevertheless colours may differ from the original, and Clinch cannot offer a guarantee regarding the exact colour of a Product.
Clinch is naturally not responsible for damage which may occur through wear, and/or incorrect use by the Customer.
Clinch only has an obligation of best intent with regard to access to the website, to the entire ordering process, the delivery or other services.
Clinch cannot be held liable for hindrance or damage experienced through the use of internet, co-determined by a failure of the system, the penetration by outsiders or of a virus or by any matter or event that is considered by the law as force majeure.

9. FORCE MAJEURE

Without prejudice to the other rights belonging to them, Clinch is entitled, in the event of force majeure, at its own choice, to postpone the implementation of the order of the Customer, or to dissolve the Agreement, without legal mediation, by communicating this to the Customer in writing and without Clinch being held liable for any compensation, unless this were to be unacceptable in the given circumstances according to standards, reasonableness and fairness.

10. PROTECTION OF PRIVACY

All personal information is used solely by Clinch and will never be made available to third parties, unless necessary for payment transactions and the delivery of the order.

11. NULLITY

The nullity of one of the clauses of the present conditions by an amendment of the law or legislation, or by a judicial act, under no circumstances affects the legality of the general sales conditions stated in this.

12. MISCELLANEOUS PROVISIONS

The Products sold by Clinch correspond with the descriptions and photos on the site. In spite of our precautions, errors can occur. We cannot be held liable for this fact under any circumstances whatsoever.

The sale and delivery of Products does not include any transfer of the intellectual rights related to such. These rights remain the property of Clinch or its suppliers and the Customer commits himself not to touch these. Clinch is under no circumstances liable in the event of disputes which may arise with regard to the property, the implementation or the breach of intellectual rights related to the delivered goods.

All complaints regarding the sale or the Products which are communicated more than one month after the delivery - subject to other contractual or legal provisions - are considered as late and are therefore no longer dealt with.

13. APPLICABLE LAW AND LEGAL COMPETENCE

The Court of First Instance in Brussels, the Commercial Court in Brussels, and the Justice of the peace court of the first canton in Brussels are exclusively competent for every dispute concerning this Agreement, and Clinch can only be summoned before these courts. The Agreement is governed by Belgian Law.