Business information
This website is the property of LIV|VIE BV.
LIV|VIE ANVERS is a trade name of LIV|VIE BV.
Contact details:
Address of registered office:
SPORKENLAAN 43,
2980 ZOERSEL
BELGIUM
MOBILE +32 (0)469 15 73 00
E-mail: info@liv-vie.com
Website: www.liv-vie.com (the “Website”)
Customer Service: sales@liv-vie.be
Company and VAT number: BE 0780.759.928
Register of Legal Entities: Enterprise Court of Antwerp, division Antwerp - BELGIUM
By accessing and using the website, you expressly agree to the following general terms and conditions.
Article 1: General provisions
The e-commerce website of LIV|VIE BV, a Belgian private limited liability company, with registered office at Sporkenlaan 43, 2980 Zoersel (Belgium), VAT BE 0780.759.928, Register of Legal Entities Enterprise Court of Antwerp (div. Antwerp) (“LIV|VIE”) provides its customers with the option of buying products from its webshop www.liv-vie.com (the “Webshop”).
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). Before placing an order via the Webshop, the Customer must explicitly accept these Terms, whereby the Customer agrees to the applicability of these Terms with the exclusion of all other conditions.
By using the LIV|VIE Website, creating an account on the Website, using the Webshop, adding items to their digital shopping cart, placing an order and or entering into an agreement with LIV|VIE by email or through the website, the Customer confirms to have read and understood these Terms and to agree with these Terms. As a result, the Terms will be binding on the Customer and all rights and obligations provided for by the Terms will be applicable.
Any general or special conditions of the Customer (consumer or professional) are excluded in any event, except when explicitly accepted beforehand in writing by LIV|VIE.
These Terms do not intend to infringe on or depart from any compulsory statutory provisions regarding consumer protection and consumer rights.
LIV|VIE has the right to change these Terms at any time. It is the Customer’s responsibility to consult the current version of these Terms when using the LIV|VIE Website, creating an account on the Website, using the Webshop, adding items to their digital shopping cart, placing an order and or otherwise entering into an agreement with LIV|VIE.
The products and prices shown in the Webshop are invitations to purchase and make the corresponding payment, unless specifically provided otherwise.
An agreement (the “Agreement”) between LIV|VIE and the Customer is not entered into until the Customer’s order is formally confirmed by or on behalf of an authorized representative of LIV|VIE.
LIV|VIE is entitled to refuse an order, i.a. pursuant to a breach on the part of the Customer with respect to their orders, their obligations under an Agreement with LIV|VIE or these Terms, or with respect to the use of the Webshop.
Article 2: Price
For sales within the EU:
All prices listed are expressed in EURO and always include VAT and all other required duties or taxes that the Customer must bear.
Additional freight, shipping or postage rates or charges, reservation fees, administration fees and any other costs that the Customer must pay are not included, but will to the extent possible be specified separately during the ordering process. They depend i.a. on the place of delivery and the type of shipment selected by the Customer. If these costs cannot be calculated in advance, the Customer will be informed that such additional charges may be payable.
Additional costs related to the payment method selected by the Customer may apply and will be recharged to the Customer.
The specified price refers solely to the articles as set out in writing in the product description. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
LIV|VIE reserves the right to change the price of its products at any time, as well as the right to make special offers or to offer rebates or reductions. Nevertheless, products are billed at the price applicable at the moment the Agreement comes into existence, unless there was a clear error, manipulation or an obvious mistake. LIV|VIE is always entitled to correct such clear errors, manipulations or obvious mistakes retroactively.
The Customer who bought the same or similar product at a different price earlier will not be entitled to any refund or reduction.
Article 3: Availability
Despite the fact that the online catalogue, the e-commerce website and the Webshop are assembled with the utmost care, it is still possible that information may be incomplete, may contain material errors, or may not be fully up to date. Obvious mistakes or errors in the product selection are not binding for LIV|VIE. With respect to the accuracy and completeness of the information provided, LIV|VIE has a best efforts undertaking. LIV|VIE is in no way liable in the event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colors, availability, delivery terms or method, we request the Customer to contact our customer service department prior to placing the order (sales@liv-vie.be).
Reflecting the exclusivity of the LIV|VIE S.U.I.T.s and products, the number of items of each product available for purchase is limited. As a result, the product selection is valid for as long as our stocks last and may at any time be changed or withdrawn by LIV|VIE. LIV|VIE cannot be held liable for the non-availability of a product.
LIV|VIE also reserves the right to annul, in full or in part, any order from and/or agreement with the Customer in case one or more products are not available. In such event, the Customer will not be entitled to any compensation or other remedy.
If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The Customer orders the products through the LIV|VIE Webshop.
Details on how the ordering process is completed via the Webshop are available here
All Payments are made through payment service provider Mollie.
The following payment methods are available
Bancontact
Credit cards (VISA, Mastercard, American Express
IDEAL
Article 5: Delivery and execution of the agreement
Articles ordered via this Webshop will be delivered in EU and EEA Member States.
Delivery occurs by postal services or carrier services depending on the option selected by LIV|VIE. With or soon after the order confirmation, the Customer will be informed of the estimated time of delivery.
Unless explicitly agreed or determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.
Further details on delivery and shipping, including on shipping charges, are available here
Any visible damage to and/or qualitative deficiencies of a product or other deficiency in the delivery must be reported immediately by the Customer to LIV|VIE (sales@liv-vie.be).
The risk related to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by LIV|VIE.
Article 6: Retention of title
Usually, the Customer has to pay for the product(s) at the time of placing the order in the Webshop.
In any event, delivered articles remain the exclusive property of LIV|VIE until the moment the Customer has paid for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title provided for in favor of LIV|VIE. They should e.g. inform anyone who would attempt to seize articles that have not been fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from LIV|VIE.
If the right of withdrawal is applicable, the Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier, or in case of separate deliveries of goods from the same order, when the last of the ordered goods was/were physically received by the Customer or a third party indicated by the Customer that is not the carrier.
To exercise the right of withdrawal, the Customer must notify LIV|VIE (sales@liv-vie.be) in an unambiguous statement (e.g. in writing by post or e-mail) about their decision to withdraw from the Agreement. Our LIV|VIE Customer Service will confirm your return and provide you with a return form. The customer must complete the return form and include this in the return package. The customer must return the product at their own expense to LIV|VIE BV, to the attention of the LIV|VIE Customer Service, Sporkenlaan 43, 2980 Zoersel, Belgium, within 14 days of receipt of the return form.
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, no later than 14 calendar days from the day that they notify LIV|VIE of their decision to withdraw from the agreement, the Customer has to send back or hand over the goods to LIV|VIE at Sporkenlaan 43, 2980 Zoersel (Belgium). The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
Unless explicitly agreed or provided otherwise, the direct costs for returning the goods shall be borne by the Customer.
If the returned product is reduced in value in any way, LIV|VIE is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that is due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
If the Customer withdraws from the Agreement, LIV|VIE shall repay the full amount received from the Customer with respect to the relevant product(s), including standard shipment costs within a maximum of 14 calendar days of the date that LIV|VIE was notified by the Customer of their decision to withdraw from the agreement. However, LIV|VIE may delay the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.
Any additional costs resulting from the Customer choosing a form of delivery other than the cheapest standard delivery offered by LIV|VIE will not be refunded.
To the extent possible, LIV|VIE shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the Customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.
The Customer may not exercise the right of withdrawal for custom made or personalized products or the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
Article 8: Guarantee
8.1. Consumers
The consumer has certain legal rights under the applicable legislation concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee. Customers purchasing in a professional capacity or otherwise not qualifying as consumers do not have these rights.
Upon receipt of the product(s), the Customer must immediately perform a first inspection or verification of the product(s), and check among others for conformity of the product(s), correct quantity, immediately visual defects, correct location, etc. Upon detection of a deficiency, the Customer must immediately inform LIV|VIE’s customer service, by email at: sales@liv-vie.be) or by mail at: LIV|VIE (attn. Customer service, Sporkenlaan 43, 2980 Zoersel (Belgium). In the absence of such notification within 48 hours of delivery, the Customer is considered to have accepted the product(s) as such.
By using or wearing the product, by removing the tags, by changing, repackaging or reselling the product(s), the Customer is considered approving and accepting the product(s), which shall be considered definitively delivered and accepted. In such event, LIV|VIE shall be relieved from any and all liability and warranty.
To make a claim under the guarantee, the Customer must provide proof of the purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and delivered to the home of the Customer, the Customer must contact the LIV|VIE customer service (sales@liv-vie.be) and provide evidence of the deficiency. Our LIV|VIE Customer Service will confirm your return and provide you with a return form. The Customer must complete the return form and include this in the return package. The customer must return the product at their own expense to LIV|VIE BV, to the attention of the LIV|VIE Customer Service, Sporkenlaan 43, 2980 Zoersel, Belgium, within 14 days of receipt of the return form.
Upon detection of a deficiency, the Customer must immediately inform LIV|VIE. In any case, any deficiency must be reported by the Customer within two months of its detection. Hereafter, all rights to repair or replacement are expired and void.
The guarantee is never applicable when the deficiencies result from accident, negligence, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating or safety instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that appear after a period of six months from the date of purchase, or where applicable upon delivery, shall be deemed not to be hidden deficiencies existing or intrinsically present at the time of delivery, unless the Customer provides evidence to the contrary.
8.2. Other Customers
Section 8.1. is applicable to Customers purchasing in a professional capacity or otherwise not qualifying as consumers under consumer protection legislation, except that
- the guarantee period is limited to two working days from the date of delivery;
- deficiencies that manifest after a period of two weeks from the date of delivery, shall be deemed not to be hidden deficiencies that existed or were intrinsically present at the time of delivery, unless the Customer provides evidence to the contrary;
- any deficiency must be reported by the Customer within two working days of its detection. Hereafter, all rights to repair or replacement are expired and void.
8.3. Guarantee
Upon receipt of a complaint that is filed timely and correctly and that is substantially correct, LIV|VIE will in its discretion either replace the defective product, provided the same product is still available, or award a price reduction corresponding with the deficiency.
The Customer agrees that either option provides for full and adequate compensation of every potential damage resulting from the deficiency and acknowledges that such measures shall not qualify as a recognition or acceptance by LIV|VIE of any liability. The Customer will not be relieved from its obligation to pay the price, in accordance with these Terms and the terms of the invoice.
Such replacement or price reduction shall not entitle the Customer to any (further) compensation of damages, nor to the termination, dissolution, rescission or cancellation of the Agreement between LIV|VIE and the Customer.
LIV|VIE does not warrant, as accepted by the Customer, that its products comply with the laws and regulations of any jurisdiction other than Belgium.
8.4. False claim
In case of a false or manifestly ill-founded claim, the Customer shall be liable to compensate LIV|VIE for all costs, expenses and damage caused to LIV|VIE.
Article 9: Customer service
LIV|VIE’s customer service can be reached by e-mail at: sales@liv-vie.be , or by regular mail at the following address: LIV|VIE, attn. Customer service, Sporkenlaan 43, 2980 Zoersel (Belgium).
Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment or late payment
Without prejudice to the exercise of any other rights that LIV|VIE may have, the Customer owes interest at a rate of 10% per year on the non-paid amount in case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure and without notice a flat-rate compensation of 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, LIV|VIE is entitled to take back all articles the Customer has not, or not completely, paid for.
Article 11: Privacy
The responsible party for processing personal data, LIV|VIE, complies with the General Data Protection Regulation (the “GDPR”) and the Belgian Privacy or data protection legislation (incl. the Act of 30 July 2018).
The personal data you share with us is used only for the following purposes:
- the execution of the agreement entered into,
- the processing of the order,
- sending of newsletters, and
- advertising and/or marketing purposes.
The legal bases on which we process the data are:
- performance of the contract,
- consent,
- compliance with legal and regulatory obligations and/or
- the legitimate interest of LIV|VIE.
You have a statutory right to access, correct, supplement or remove your personal data. In a number of cases listed in the GDPR, you may also ask us to limit the processing of your personal data. You have the right to object to the processing of your personal data if you have serious and legitimate reasons that exceed our need to process your data. You have the right to request your personal data in digital and readable form and/or to have them transferred to another service provider of your choice. Insofar as our processing is based on your prior consent, you have the right to revoke that consent at any time.
To the extent your personal data are used for direct marketing purposes, you may preclude the use of your data for direct marketing purposes at no cost to yourself.
To exercise your rights you can always contact us in the aforementioned manner: via email at sales@liv-vie.be, or by regular mail at the following address: LIV|VIE, attn. Customer service, Sporkenlaan 43, 2980 Zoersel (Belgium).
We shall treat your information as confidential and shall not communicate, rent or sell it to third parties, unless explicitly stated otherwise and subject to your consent.
For more information, see our Privacy Policy here
Article 12: Use of cookies
Our website uses cookies and similar technologies. This helps us to provide you with a better experience when you visit our website and also allows us to optimize our website. Without your prior consent, we only place those purely functional cookies that are necessary for the proper functioning of our website. For all other cookies, we ask for your prior consent.
For an overview of all cookies that our website places on your device, please refer to our Cookie Policy here
On your first visit to our Website, you will be asked to accept our cookies. You can manage or change your choices at any time afterwards.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent certain applications from being used.
Article 13: Invalidation – no waiver
If any provision of these Terms is declared invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by LIV|VIE to enforce any of the rights it has or may have according to these Terms or the law, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to. In case of inconsistencies, the present Terms shall prevail.
Article 15: Proof
The Customer accepts that electronic communications and backups may be used by LIV|VIE as proof of Customer’s agreement and of the parties’ respective rights and obligations, and as the case may be, as evidence in court proceedings.
Article 16: Liability
16.1. Limitation
Without prejudice to LIV|VIE’s guarantee in accordance with Section 8 of this Agreement, LIV|VIE’s liability to the Customer is limited to the fullest extent permitted by law, and in any event to the lowest of the following:
- the amount of the relevant invoice to the Customer (excl. VAT);
- the amount paid by the insurance company under the relevant liability insurance policy with respect to the actual liability claim.
16.2. Exclusion
In no event will LIV|VIE be liable to compensate:
- any indirect or consequential damages, including without being limited to i.a. loss of income or turnover, damages suffered by third parties;
- any damages directly or indirectly caused by the Customer or any third party;
- any damages resulting from the inappropriate use of the product, accident, negligence, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating or safety instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
16.3. Act of God (“Overmacht”) and hardship
LIV|VIE cannot be held liable in case non-compliance with its obligations under this Agreement is caused by Act of God, external cause or hardship.
In such event in its discretion, and without formal notice or court order, LIV|VIE shall have the options:
- to propose the replacement of the product(s) by an equivalent product,
- to temporarily suspend the performance of its obligations under the Agreement,
- to rescind the Agreement, or
- to invite the Customer to negotiate on any other solution.
For the purposes of this Agreement, “Act of God” and “hardship” shall include i.a., without being limited to: unavailability or shortage of certain raw material or other materials, currency fluctuations, significant price increases of raw materials or other materials, significant increases of wages, salaries and/or social contributions, of government imposed costs, fees, taxes or duties, of shipment or transportation costs or of insurance premiums, arising between the order confirmation and the delivery of the product(s), extreme weather situations or storms, natural disasters, strike or lockout, mobilization, war or aggression, acts of terror or attacks, disease, pandemic, lockdown, accident(s), disturbance of communication or information lines, government measures; economic sanctions, importation or exportation restrictions or embargo, significant delays in supply, or impediments to transportation, traffic or travel, breakdown of factory, machines or equipment.
Article 17. Indemnification by the Customer
The Customer shall hold LIV|VIE harmless from and indemnify LIV|VIE against any claims or court proceedings, including third party claims and actions, that may result from or be caused by the Customer not complying with its obligations under the Agreement with LIV|VIE, these Terms and/or the laws applicable to the Customer.
The Customer shall fully indemnify LIV|VIE for any and all costs, expenses and fees incurred by LIV|VIE in respect of its defense against any such claims or proceedings.
Article 18. Applicable law - jurisdiction
These Terms, as well as the sale and purchase and the complete contractual and pre-contractual relationship between LIV|VIE and the Customer, are governed by Belgian law, except for the provisions of private international law (conflict of laws) and except for the Vienna Convention on the International Sale of Goods.
Unless the Customer is a consumer, only the courts of the district of Antwerp (div. Antwerp) have jurisdiction in case of any disputes.