Terms and Conditions

Enterprise data

Company name: ghoti
Trade name: Fairy Positron
Email: hallo@fairypositron.be
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”, “us”, “us”) offers its customers the opportunity to purchase the products from its online store to purchase online.

These General 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 online store, 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 terms and 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 prices stated are expressed in EURO, always including VAT and all other duties or taxes required to be paid by the Customer.

If delivery, reservation or administrative costs are charged, this will be stated separately.

The price statement applies exclusively to the items 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 tie-in sale) cannot be combined. Discounted items can generally be combined with a discount code or tie-in sale.

No discount codes are 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 utmost 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 obliged to make an obligation of means with regard to the accuracy and completeness of the information provided. Fairy Positron is under no circumstances liable in the event of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance.

The offer is valid while supplies last and can be adjusted or withdrawn at any time by Fairy Positron. Fairy Positron cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

Article 4: Online purchases

After you have added the selected items in the correct size and color to your electronic shopping cart, you can pay after accepting the General Terms and Conditions. After this, we ask you to enter 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, where you can choose from the following payment options: Bancontact, iDeal, VISA, Mastercard, SOFORT, EPS, GiroPay or via transfer ("Bank Trasfer"). For extra security, we work with 3D secure for credit card payments, to avoid fraud with your credit card. In most cases you will 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 by the Customer with regard to orders in which the Customer is involved.

Article 5: Delivery and execution of the agreement

Items ordered through this online store are delivered in Belgium, the Netherlands and other EU countries + the United Kingdom. Any additional costs for non-delivery (e.g. return due to incorrect address stated, return due to cessation of free movement of goods, etc.) can be recovered from the Customer.

Delivery is made by bpost, PostNL or DPD. Shipping usually takes place within 1-3 working days on weekdays, unless in exceptional cases such as the end of the year, illness or holidays.

Unless otherwise agreed, due to force majeure or expressly stated 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, please refer 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 delivery must be reported by the Customer immediately to Fairy Positron, via hallo@fairypositron.be .

The risk of loss or damage passes to the Customer from the moment he (or a third party designated by him, who is not the carrier) has acquired physical possession of the goods. However, the risk is already transferred 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 items remain the exclusive property of Fairy Positron until full payment has been made by the Customer.

If necessary, the Customer undertakes to inform third parties of Fairy Positron's retention of title, for example 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 items 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 his decision to withdraw from the agreement by an unequivocal statement (e.g. in writing by e-mail).

To comply with the withdrawal period, the Customer must send his communication regarding 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 he communicated his decision to withdraw from the agreement to Fairy Positron. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods will be borne by the Customer. We recommend using parcel post with a tracking code.

But of course we also accept letter mail (if the dimensions and weight allow this). 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. If the returned product has been reduced in value in any way (e.g. worn, washed, damaged or stained), 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 that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.

All returned items will be carefully examined. The basic principle here is that the consumer may only inspect the item as he would in a store. Returned items may be tried on, but may not have been used or washed. If an item has suffered 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 time, including the standard delivery costs (of the original shipment, not of the return; possibly in proportion to the number of goods purchased/returned), to the Reimburse 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. For sales agreements, Fairy Positron can wait with the refund until it has received all the goods back.

Any additional costs resulting from the Customer's choice of a different method of delivery than the cheapest standard delivery offered by Fairy Positron will not be refunded.

Fairy Positron will reimburse the Customer using the same payment method with which the Customer performed the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such reimbursement.

The Customer cannot exercise the right of withdrawal for:
the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and for which the seal has been broken after delivery or for which the seal was originally missing. This mainly concerns underwear/briefs/boxer shorts and stockings/socks/tights/tights. Due to hygienic reasons, these cannot be returned.

Sales items (items with a discount that are purchased during the sales periods) cannot be returned.

Article 8: Warranty

Under the Act of 21 September 2004 on the protection of consumers in the sale of consumer goods, consumers have legal rights. This legal warranty 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 provide 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 customer service via hallo@fairypositron.be and return the item to Fairy Positron (ghoti) at his expense.

If a defect is discovered, the Customer must inform Fairy Positron as soon as possible. In any case, any defect must be reported by the Customer within 2 months of its discovery. Afterwards, any right to repair or replacement expires.

The (commercial and/or legal) warranty never applies to defects that arise as a result of wear and tear, accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the usage or washing instructions. 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, or delivery if applicable, are deemed not to be hidden defects, unless the Customer proves otherwise.

Article 9: Customer Service

Fairy Positron 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 directed to this address, we will do our utmost to provide you with good service.

Article 10: Sanctions for non-payment

Without prejudice to the exercise of other rights that Fairy Positron has, in the event of non-payment or late payment, the Customer is legally liable to pay interest of 10% per year on the unpaid amount from the date of the default and without notice. In addition, the Customer is legally liable and without notice to pay a lump sum 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 items that have not been (fully) paid for.

Article 11: Privacy

The 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 you provide 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. Provided proof of identity (copy of identity card) you can obtain written notification of your personal data free of charge by submitting a written, dated and signed request to Fairy Positron, via hallo@fairypositron.be . If necessary, you can also request that the data that is incorrect, incomplete or not pertinent be corrected.

We treat your data as confidential information and will not pass it on, rent 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 Shopify's webshop platform
• Sendcloud / bpost / DPD : they deliver the parcels from 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 this.
• 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 does not have access to your password.
Fairy Positron keeps online anonymous visitor statistics to see which pages of the website are visited and to what extent.

If you have any questions about this privacy statement, you can contact us at hallo@fairypositron.be .

Article 12: Affect of validity - non-renunciation

If any provision of these Terms is declared invalid, illegal or void, this will 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 listed in these Terms, or to exercise any right thereof, will never be considered a waiver of such provision and will never affect the validity of these rights .

Article 13: Changes to conditions

These Terms and Conditions are supplemented by other terms and conditions that are explicitly referred to and the general terms and conditions of sale of Fairy Positron. In the event of any contradiction, these Terms and Conditions shall prevail.

Article 14: Evidence

The Customer accepts that electronic communications and backups 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 Corporate Court and the Antwerp Peace Court have jurisdiction in legal disputes.

The Consumer can also contact the Consumer Ombudsman Service of the FPS Economy ( https://consumentenombudsdienst.be/nl ) or the Online Dispute Platform (ODR) of the European Commission ( http://ec.europa.eu/consumers/odr/ ).