2020 Antwerp, Belgium
1.1 These General Terms and Conditions of Sale (the "Shop Terms") govern the sale of ICONYC products through www.iconyc.cc (the "Website"). Each product is sold by the ICONYC Group company identified as the seller (the "Seller") by its full legal name, geographical address, email address and telephone number on the product page, at checkout and in the Confirmation Email. The ICONYC Group companies are listed in our Terms and Conditions. Products of ICONYC Group companies in Japan, South Korea, Switzerland and the United Kingdom are not sold on the Website and are available to consumers only through authorised distributors. CAA Media SRL is not the seller.
1.2 Sales through the Website are reserved for consumers, meaning natural persons acting for purposes outside their trade, business, craft or profession, who are at least 18 years old (the "Customer"). Products are sold for personal use. The Seller may decline Orders that appear to be placed for resale, as set out in section 4.3.
1.3 Contracts are concluded in English. Where these Shop Terms are available in other languages, the English version prevails in case of discrepancy. Any ambiguity is interpreted in favour of the Customer.
1.4 These Shop Terms are available on the Website at all times and can be saved and printed. A copy is sent to the Customer with the Confirmation Email.
1.5 Each Order is governed by the Shop Terms in force when the Customer places it. Changes to these Shop Terms apply only to Orders placed after the new version is published on the Website.
2.1 Products offered on the Website (the "Products") may be available in limited numbers. Availability is confirmed when the Seller processes the Order.
2.2 A Product may occasionally be unavailable even though it is displayed on the Website. In that case the Seller will inform the Customer by email without delay, and in any case within the period set out in section 4.3, and will refund any amount already charged. If only part of an Order is available, the Customer may choose to receive the available Products or cancel the Order in full.
2.3 The Seller may change the range of Products offered on the Website at any time. This does not affect Orders already confirmed.
3.1 Each Product page shows photographs, the main characteristics of the Product, its price including taxes, and colours and sizes where applicable. Products marked "Pre-Order" or "Personalized" also show an estimated delivery date.
3.2 The Customer may order up to 4 units per Product unless stated otherwise on the Product page.
3.3 Photographs are shown as accurately as possible. Colours may vary slightly depending on the settings of the Customer's screen.
3.4 Before placing an Order, the Customer can review the Shopping Bag and correct any input errors. Immediately before ordering, the Customer is shown a summary of the main characteristics of the Products, the total price including taxes, delivery costs, the expected delivery time and the identity of the Seller.
3.5 The Order is placed by pressing the final button labelled "Order with obligation to pay" or an equally clear wording (the "Buy Button"). Before doing so, the Customer confirms having read and accepted these Shop Terms.
3.6 Registered Customers can follow the status of their Orders in the "My Orders" section of their account. The Customer is responsible for the accuracy of the data entered when ordering. Personal data is processed as described in our Privacy Policy.
3.7 The Customer may pre-order Products before their commercial launch ("Pre-Ordered Products") or order Products with permanent personalisation ("Personalized Products"). These are clearly identified on the Website and are not available for immediate delivery. Unless stated otherwise, all other provisions of these Shop Terms apply to them.
4.1 Once the Buy Button has been pressed, the Order can no longer be changed. This does not affect the Customer's right of withdrawal under section 08.
4.2 The contract is concluded when the Customer receives the Seller's confirmation email (the "Confirmation Email"). The Confirmation Email is sent on a durable medium and contains the identity and contact details of the Seller, a description of the Products, the total price including taxes and delivery costs, the address for complaints, information on the legal guarantee and after sales service, information on the right of withdrawal with the model withdrawal form, and these Shop Terms.
4.3 The Seller may decline an Order where the Products are unavailable, other than Pre-Ordered Products, where there is an unresolved dispute with the Customer about a previous Order, where the Customer has seriously breached these Shop Terms before, where there are reasonable grounds to believe the Order is placed for resale, or where there are reasonable grounds to suspect fraud. The Seller will inform the Customer by email within 15 days of receiving the Order and immediately refund any amount already charged.
4.4 If only part of an Order is available, the Customer will be asked whether to receive the available Products or cancel the Order in full, and will only be charged for the Products actually supplied.
5.1 Prices are shown in euro and include VAT and all other applicable taxes and duties. All import VAT, customs duties and excise duties are included in the price, so nothing further is charged on delivery.
5.2 Delivery costs are shown separately before the Customer presses the Buy Button and are included in the total price. The Seller will not charge any additional cost without the Customer's express consent.
5.3 The price charged is the price shown when the Buy Button is pressed. Price changes do not affect confirmed Orders. Where a price reduction is announced, the Website also shows the lowest price applied in the 30 days before the reduction.
5.4 Payments are processed securely by Stripe. The Seller accepts credit and debit cards, Apple Pay, Google Pay, Klarna and PayPal, as shown at checkout. No surcharge is applied for any payment method. Where the Customer chooses Klarna or PayPal, their own terms also apply, including Klarna's terms for any deferred payment.
5.5 For card payments, the Customer confirms being authorised to use the card. The amount is authorised when the Order is placed and charged once the Products are confirmed as available. For Orders containing Pre-Ordered or Personalized Products, the full amount of the Order is charged when the Confirmation Email is sent.
5.6 Products are shipped only after payment has been received. If payment cannot be collected, the Order is cancelled and the Customer is informed.
6.1 Products are delivered to the address given by the Customer in the Order. A signature is required on delivery. Alcoholic products are only handed over to an adult, and the carrier may ask for proof of age. If no adult can be identified, the parcel is returned to the Seller.
6.2 For security reasons, Orders cannot be delivered to post office boxes or to recipients who cannot be identified as a natural person.
6.3 Products can only be delivered to the countries listed on the Website at checkout.
6.4 The Seller delivers the Products within 30 days of the conclusion of the contract, unless a different delivery date is shown at checkout. Pre-Ordered and Personalized Products are delivered on the estimated date or within the estimated period shown on the Product page.
6.5 If the Seller does not deliver on time, the Customer may ask for delivery within an additional reasonable period. If delivery does not take place within that period, the Customer may terminate the contract and is refunded immediately. Where the delivery date was essential, the Customer may terminate immediately.
6.6 The Seller may split an Order into several shipments according to availability, without extra delivery costs for the Customer.
6.7 When an Order is shipped, the Customer receives an email with a tracking code. For help with a delivery, contact client.service@iconyc.cc.
6.8 Where available, the Customer may choose to collect an Order from a designated store, except for Pre-Ordered and Personalized Products. If the Order is not collected within 30 days of the notification that it is ready, the Seller may cancel the contract and refund the amounts paid.
6.9 The risk of loss or damage passes to the Customer when the Customer, or a third party other than the carrier designated by the Customer, takes physical possession of the Products. If Products are lost or damaged before that moment, the Seller will replace them or refund the Customer in full.
7.1 All Products are covered by the legal guarantee of conformity. Any commercial guarantee offered by the Seller applies in addition to it and does not affect it.
7.2 Under Articles 1649bis to 1649octies of the Belgian Civil Code, the Seller is liable for any lack of conformity that exists at the time of delivery and becomes apparent within two years of delivery. Any lack of conformity that becomes apparent within those two years is presumed to have existed at delivery, unless the Seller proves otherwise.
7.3 The Customer must inform the Seller of a lack of conformity within two months of discovering it. Legal action must be brought within one year of that discovery, but this period cannot end before the two year guarantee period has expired.
7.4 The Customer may choose repair or replacement free of charge, unless the chosen remedy is impossible or disproportionate. If neither is possible, or the Seller does not carry it out within a reasonable time and without significant inconvenience, the Customer is entitled to a proportionate price reduction or to terminate the contract, unless the lack of conformity is minor.
7.5 To report a lack of conformity, contact the Seller at client.service@iconyc.cc. Nothing in these Shop Terms limits any more favourable rights the Customer has under the law of the country where the Customer lives.
8.1 The Customer may withdraw from the contract within 14 days without giving any reason. The period expires 14 days after the day on which the Customer, or a third party other than the carrier designated by the Customer, takes physical possession of the Products. Where several Products ordered together are delivered separately, the period starts when the last Product is received.
8.2 To withdraw, the Customer may use the withdrawal function labelled "Withdraw from contract here", available in the "My Orders" section of the account and in the Returns section of the Website without the need to sign in, followed by the button "Confirm withdrawal". The Customer may also send any other clear statement by email to client.service@iconyc.cc or by post to the address in section 13, for example using the model form in section 14. The Seller confirms receipt of the withdrawal on a durable medium without delay. It is sufficient to send the withdrawal before the period expires.
8.3 The Customer must return the Products without undue delay and at the latest within 14 days of withdrawing. Where a Customer resident in the European Union books the free collection offered by the Seller, either through the Returns section or by writing to client.service@iconyc.cc, the Seller shall bear the cost of the return. This provision does not apply to Customers outside the European Union. If the Customer returns the Products by other means, the Customer bears the direct cost of return.
8.4 The Customer may handle the Products only as far as necessary to establish their nature, characteristics and functioning, as in a shop. The Customer is liable for any diminished value resulting from other handling, which the Seller may deduct from the refund. Please return Products with their original packaging, labels and security tags.
8.5 The right of withdrawal does not apply to Personalized Products, which are made to the Customer's specifications, or to perfumes and cosmetics that were sealed for reasons of health protection or hygiene and have been unsealed after delivery. These exceptions do not affect the legal guarantee under section 07.
8.6 The Seller refunds all payments received, including the cost of standard delivery, without undue delay and at the latest within 14 days of receiving the withdrawal. The Seller may withhold the refund until it has received the Products back or the Customer has supplied proof of having sent them, whichever is earlier. The refund is made using the same means of payment as the original purchase, without any fees. Additional costs resulting from a delivery method more expensive than the standard delivery offered are not refunded.
8.7 This section applies to purchases made through the Website.
9.1 To the extent permitted by law, the Seller is not liable for indirect or consequential loss, such as loss of profit or goodwill. Nothing in these Shop Terms excludes or limits liability for fraud or intentional fault, gross negligence, death or personal injury, defective products, or any other liability that cannot be excluded under applicable law, nor the Customer's rights under the legal guarantee.
9.2 CAA Media SRL is not a party to the contract of sale. Claims relating to a purchase should be addressed to the Seller named in the Confirmation Email.
10.1 The Seller guarantees that all Products sold through the Website are authentic.
10.2 All intellectual property rights in the ICONYC name, logo, trade marks and brand assets, and in the images and designs associated with ICONYC Products, belong to CAA Media SRL and are licensed to the ICONYC Group companies. ICONYC is a registered European Union trade mark, No. 019262892. Use of these rights without the prior written consent of CAA Media SRL is prohibited, except as permitted by law.
11.1 The Seller keeps a record of each contract, including the Order and the Confirmation Email, for as long as required by accounting and tax law. The Customer can view past Orders in the "My Orders" section of the account or request a copy at client.service@iconyc.cc.
12.1 These Shop Terms are governed by Belgian law. This does not deprive the Customer of the protection of the mandatory rules of the country where the Customer habitually resides.
12.2 For any complaint, please contact client.service@iconyc.cc first. Consumers resident in Belgium may also contact the Consumer Mediation Service (Consumentenombudsdienst, Service de Médiation pour le Consommateur) at consumentenombudsdienst.be. For cross border purchases, the European Consumer Centre in the Customer's country can provide free help. Mediation is voluntary and does not prevent the Customer from going to court.
12.3 The Customer may bring proceedings in the courts of the country where the Customer lives or in the courts of the country where the Seller is established. The Seller may only bring proceedings against the Customer in the courts of the country where the Customer lives.
13.1 For questions about an Order, the purchasing process or these Shop Terms, contact our Client Service. The Seller of each Order and its full contact details are shown in the Confirmation Email.
Jan Van Rijswijcklaan 228
2020 Antwerp, Belgium
Complete and return this form only if you wish to withdraw from the contract.