Terms & Conditions

Business information

Business name: ghoti
Trade name: Fairy Positron
Registered office: Geestenspoor 98, 2180 Antwerp
E-mail address: hello@fairypositron.be
Phone number: +32489 86 70 30
Enterprise number: 0731870740
VAT number: BE0731.870.740

Article 1: General provisions

The e-commerce website of Fairy Positron, with its registered office at Geestenspoor 98, 2180 Antwerp, VAT BE 00731870740, (hereinafter “Fairy Positron”, “we”, “us”) provides its customers with the option of buying products from its webshop.

These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Fairy Positron, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Fairy Positron.

Article 2: Price

All prices listed are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.

Any shipping, reservation or administration fees that are charged must be specified separately.

The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

Article 3: Availability

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Fairy Positron. With respect to the accuracy and completeness of the provided information, Fairy Positron is solely bound to obligation of means. Fairy Positron is in no way liable in event of obvious material or printing errors.

If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.

The product selection is valid while stocks last and may at any time be changed or withdrawn by Fairy Positron. Fairy Positron cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

After adding products to his virtual shopping basket, the customer has to accept these “Terms” and is asked to fill in his personal data such as name, shipping address, billing address, email address and phone number.

The Customer may choose between the following payment methods: Bancontact, iDeal, VISA, Mastercard, PayPal, EPS, Bank transfer, SOFORT, and Giropay.

Fairy Positron is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

Article 5: Delivery and execution of the agreement

We try to send out the Customer’s orders as quickly as possible. Normally this will take place on the next working day after the order was placed. Depending on the circumstances (such as illness or a great amount of orders that need to be fulfilled), it can take up 2 to 4 working days before the order is shipped. Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order.

Shipping costs per country:

    Belgium:
    Bpost collection point: € 5.50 (for orders up to € 19,99) € 3.50 (for orders € 20), free for orders € 75
    Home address: € 5.50, free for orders € 80

    Netherlands:
    € 5.50
    Free for orders € 80

    Germany, France, Luxembourg, United Kingdom:
    € 9.50
    Free for orders € 130

    Austria, Czech Republic, Denmark, Hungary, Ireland, Poland, Slovenia, Slovakia:
    € 15
    Free for orders € 200

    Estonia, Finland, Italy, Latvia, Lithuania, Spain, Portugal, Sweden:
    € 20
    Free for orders € 200

    Bulgaria, Croatia, Greece:
    € 25
    Free for orders € 250

    Cyprus, Malta, Romania
    € 30
    Free for orders € 275

    Articles ordered on our webshop can be delivered in all EU countries.

    Delivery occurs by bpost (who may transfer the package to a local courier) or DPD.

    Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Fairy Positron.

    The risk due 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 Fairy Positron.

    Article 6: Retention of title

    Delivered articles remain the exclusive property of Fairy Positron until the moment the Customer pays for the goods in full.

    If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Fairy Positron, e.g. to anyone who would attempt to seize articles that are not 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 Fairy Positron.

    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.

    To exercise the right of withdrawal, the Customer must notify Fairy Positron in an unambiguous statement (by e-mail) about their decision to withdraw from the agreement.

    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, the Customer has no later than 14 calendar days from the day that they notify Fairy Positron of their decision to withdraw from the agreement to send back or hand over the goods to Fairy Positron. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

    The direct costs for returning the goods shall be borne by the Customer.

    If the returned product is reduced in value in any way, Fairy Positron is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are 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.

    Fairy Positron 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 the delivery of goods that are not suitable for return due to reasons of health or hygiene protection such as underpants and socks.

    Article 8: Guarantee

    The consumer has certain legal rights under the Act of 21 September 2004 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.

    To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.

    For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Fairy Positron customer service and to return the product at their own expense to Fairy Positron.

    Upon detection of a deficiency, the Customer must inform Fairy Positron as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.

    The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, 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 article, rough usage, poor maintenance, or any other abnormal or incorrect use.

    Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.

    Article 9: Customer service

    Fairy Positron customer service can be reached at phone number +32 489 86 70 30 (call, text or Whatsapp), or via e-mail at help@fairypositron.be. Any complaints can be made through the aforementioned customer services contact methods.

    Article 10: Penalties for non-payment

    Without prejudice to the exercise of any other rights that Fairy Positron is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the 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 a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.

    Without prejudice to the foregoing, Fairy Positron is entitled to take back the unpaid or incompletely paid for articles.

    Article 11: Privacy

    You can read our full Privacy Policy here.

    The responsible party for processing information, Fairy Positron respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.

    The personal information 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, contacting the Customer if needed, sending review requests.

    You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Fairy Positron. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.

    In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Fairy Positron.

    We treat your information as confidential and shall not communicate, rent or sell it to third parties.

    The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus Fairy Positron has no access to your password.

    Fairy Positron saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.

    If you have any questions about this privacy statement, please contact us at hello@fairypositron.com.

    Article 12: Use of cookies

    When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.

    “First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. “Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in.

    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 the settings of 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 you from using certain applications.

    If you use our website, you agree to the use of cookies.

    Article 13: Invalidation - non-relinquishment

    If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

    Failure at any time by Fairy Positron to enforce any of the rights set out in these Terms, 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, and the general sales terms and conditions of Fairy Positron. In case of inconsistencies, the present Terms take precedence.

    Article 15: Proof

    The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

    Article 16: Applicable law - jurisdiction

    Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Only the courts of the Antwerp district have jurisdiction in the case of any disputes.

    The Customer can also file a complaint on the website Online Dispute Resolution of the European Commission.