Terms and Conditions
Company data
Company name: ghoti
Trade name: Fairy Positron
Email: hallo@fairypositron.be
Registered office: Geestenspoor 98, 2180 Ekeren
Phone number: +32 489 86 70 30
Company number: 0731.870.740
VAT number: BE 0731.870.740
Article 1: General provisions
The e-commerce website of Fairy Positron, VAT BE0731870740, (hereinafter “Fairy Positron”, “Fairy Positron (ghoti)”, “we”, “we”, “us”) offers its customers the possibility to purchase the products from its webshop. to purchase online.
These Terms and Conditions ("Terms") apply to any order placed by a visitor to this e-commerce website ("Customer", "you"). When placing an order via the Fairy Positron webshop, the Customer must expressly accept these Terms and Conditions, thereby agreeing to the applicability of these Terms and Conditions, to the exclusion of all other terms and conditions. Additional conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by Fairy Positron.
Article 2: Price and discounts
All stated prices are expressed in EURO, always inclusive of VAT and all other duties or taxes that are required to be paid by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately.
The price indication refers exclusively to the articles as they are described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Most discounts (such as discount with discount code or bundled sale) cannot be combined. Discounted items can generally be combined with a discount code or tie-in sale.
Discount codes are not accepted on the sale of second-hand items.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind Fairy Positron. Fairy Positron is only held to an obligation of means with regard to the correctness and completeness of the information provided. Fairy Positron is in no way liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request that the Customer contact our customer service in advance.
The offer is always valid while stocks last and can be adjusted or withdrawn at any time by Fairy Positron. Fairy Positron cannot be held responsible for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
After you have added the chosen articles in the correct size and color to your electronic shopping basket, you can pay after accepting the General Terms and Conditions. After this we ask you to fill in the shipping address, after which we can calculate the shipping costs, taking into account the shipping option you have chosen.
You will then be taken to the payment page, you can choose from the following payment options: Bancontact, iDeal, VISA, Mastercard, SOFORT, EPS, GiroPay or by bank transfer ("Bank Trasfer"). For extra security, we work with 3D secure for credit card payments, to prevent fraud with your credit card. In most cases you will therefore need a digipass to pay by credit card.
You can place an order with an account or pay without an account (as a guest).
Fairy Positron is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
Articles ordered through this webshop are delivered in Belgium, the Netherlands and other countries of the EU + the United Kingdom. Any additional costs for non-delivery (e.g. return due to incorrectly stated address, return due to termination of free movement of goods, etc.) can be recovered from the Customer.
Delivery is made by bpost, PostNL or DPD. The shipment usually takes place within 1-3 working days on weekdays, unless in exceptional cases such as the end of the year period, illness or holidays.
Unless otherwise agreed, due to force majeure or expressly stipulated otherwise, the goods will be delivered to the Customer's place of residence within 30 days of receipt of the order.
For the most current shipping prices, we refer you to our Shipping page . You can also calculate the price in your shopping cart.
Any visible damage and/or qualitative shortcoming of an item or other shortcoming in the delivery must be reported immediately by the Customer to Fairy Positron, via hallo@fairypositron.be .
The risk of loss or damage passes to the Customer from the moment that he (or a third party designated by him, who is not the carrier) acquires physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by Fairy Positron.
Article 6: Retention of title
The delivered articles remain the exclusive property of Fairy Positron until full payment by the Customer.
The Customer undertakes, if necessary, to inform third parties of Fairy Positron's retention of title, e.g. to anyone who would seize items that have not yet been fully paid for.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who purchase articles online from Fairy Positron in their capacity as consumers.
The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the good.
To exercise the right of withdrawal, the Customer must inform Fairy Positron of its decision to withdraw from the contract by an unequivocal statement (e.g. in writing by e-mail).
To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to Fairy Positron without delay, but in any case no later than 14 calendar days after the day on which it communicated its decision to withdraw from the agreement to Fairy Positron. The Customer is on time if he sends back the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods shall be borne by the Customer. We recommend using parcel post with a tracking code for this.
But of course we also accept letter mail (if the dimensions and weight allow). However, Fairy Positron is not liable for the loss of or damage to the returned goods.
The Customer is requested to return the items in their original condition and packaging, with all accessories, labels and packaging supplied with it. If the returned product has diminished in value in any way (e.g. worn, washed, with damage or stains), Fairy Positron reserves the right to hold the Customer liable and claim compensation for any reduction in value of the goods is the result of the use of the goods by the Customer beyond what is necessary to establish the nature, characteristics and functioning of the goods.
All returned items are carefully examined. The starting point here is that the consumer may only inspect the article as he would be allowed to do in a shop. Returned items may be tried on, but may not have been used or washed. If an item has undergone a reduction in value due to the use of the Customer, this will be charged to the Customer.
If the Customer revokes the agreement, Fairy Positron will refund all payments received from the Customer up to that point, including the standard delivery costs (of the original shipment, not of the return; possibly in proportion to the number of purchased/returned goods), to the Repay the Customer within a maximum of 14 calendar days after Fairy Positron has been informed of the Customer's decision to withdraw from the agreement. In sales agreements, Fairy Positron may withhold reimbursement until it has received all goods back.
Any additional costs resulting from the choice of the Customer for a different method of delivery than the cheapest standard delivery offered by Fairy Positron will not be refunded.
Fairy Positron will refund the Customer with the same means of payment as the Customer used for the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged any fees for such reimbursement.
The Customer cannot exercise the right of withdrawal for:
the delivery of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery or the seal was originally missing. This mainly concerns underwear/briefs/boxer shorts and stockings/socks/tights/tights. These cannot be returned for hygienic reasons.
Sales items (items with a discount that are purchased during the sales periods) cannot be returned.
Article 8: Warranty
Under the law of 21 September 2004 on the protection of consumers when selling consumer goods, consumers have legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact Fairy Positron's customer service at hallo@fairypositron.be and return the item to Fairy Positron (ghoti) at its expense.
If a defect is detected, the Customer must inform Fairy Positron as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its discovery. Afterwards, any right to repair or replacement will lapse.
The (commercial and/or legal) guarantee never applies to defects that arise as a result of wear and tear, accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or washing. or manual, adjustments or changes to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Customer proves otherwise.
Article 9: Customer Service
Fairy Positron's customer service can be reached on telephone number +32 489 86 70 30 or by e-mail at hallo@fairypositron.be . Any complaints can be addressed to this, we do our utmost to offer you a good service.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights that Fairy Positron has, in the event of non-payment or late payment from the date of the default, the Client owes interest of 10% per annum on the unpaid amount by operation of law and without notice. In addition, the Customer is legally and without notice liable to pay a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, Fairy Positron reserves the right to take back the not (fully) paid items.
Article 11: Privacy
The data controller, Fairy Positron (ghoti) respects the Belgian law of December 8, 1992 regarding the protection of private life in the processing of personal data.
The personal data provided by you will only be used for the following purposes for which you have given permission: the execution of the concluded agreement, processing the order, sending newsletters, advertising and/or marketing purposes.
You have a legal right to inspect and possibly correct your personal data. Subject to proof of identity (copy of identity card), you can obtain a written notification of your personal data free of charge via a written, dated and signed request to Fairy Positron, via hallo@fairypositron.be . If necessary, you can also request that data be corrected if it is incorrect, incomplete or irrelevant.
We treat your data as confidential information and will not pass it on, rent it or sell it to third parties. Your data will only be used by third parties whose cooperation is necessary to provide our goods or services:
- Shopify : www.fairypositron.be runs on the Shopify webshop platform
- Sendcloud / bpost / DPD : they deliver the packages of Fairy Positron
- PayPal / Mollie / Klarna / Shopify : they manage the payments to Fairy Positron
- Back In Stock : they will send you an email when an item is back in stock, if you have explicitly requested it.
- Stamped : for collecting and displaying reviews and for our loyalty program Smarty Points.
- Email: for personal emails we use ProtonMail , for newsletters we use Omnisend .
The customer is responsible for keeping his login details and the use of his password confidential. Your password is stored encrypted. Fairy Positron therefore has no access to your password.
Fairy Positron keeps anonymous online visitor statistics in order to see which pages of the internet site are visited and to what extent.
If you have any questions about this privacy statement, you can contact us via hallo@fairypositron.be .
Article 12: Affected validity - non-renunciation
If any provision of these Terms is declared invalid, illegal or void, this will not in any 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 forth in these Terms, or to exercise any right hereunder, shall never be construed as a waiver of such provision and shall never affect the validity of such rights. .
Article 13: Change of conditions
These Conditions are supplemented by other conditions to which explicit reference is made, and the general terms and conditions of sale of Fairy Positron. In case of contradiction, these Terms and Conditions will prevail.
Article 14: Evidence
The Customer accepts that electronic communications and back-ups can serve as evidence.
Article 15: Applicable law – Disputes
Belgian law applies, with the exception of the provisions of private international law regarding applicable law.
The Antwerp Commercial Court and the Antwerp Peace Court are competent in legal disputes.
The Consumer can also turn to the Consumer Mediation Service of the FPS Economy ( https://consumentenombudsdienst.be/nl ) or to the Online Disputes Platform (ODR) of the European Commission ( http://ec.europa.eu/consumers/odr/ ).
