Terms & Conditions
Any commercial transactions concluded between (i) the limited company “The Ark”, with its registered office in 9940 Evergem, Noorwegenstraat 17, Belgium, VAT BE 0661.757.061, RPR Ghent, department Ghent (hereinafter “The Ark”) and (ii) the customer with its domicile at a European Union member state (the Netherlands excluded), as concluded via the web shop with address http://www.theark.cruises/en/store (hereinafter the “web shop”), shall be governed by these general terms and conditions.
The Ark aims to sell via its web shop solely to customers in their quality of consumer. The sales to professional customers via the web shop is therefore in any way excluded.
Under “customer” is understood: a person who purchases products from The Ark via the web shop as an end user and who is expected to be 18 years or older.
With its order/purchase via the web shop, the customer acknowledges having taken cognizance of and having accepted these general terms and conditions of The Ark, that possess priority over any other terms and conditions of whatsoever party.
These general terms and conditions do not affect the mandatory rights granted to the customer by virtue of the Belgian and/or European legislation in respect of consumer protection.
Any nullity of one or more stipulations of these terms and conditions shall leave the applicability of all other clauses intact. In the event of nullity of one of the stipulations, The Ark and the customer, as far as possible and in accordance with their loyalty and conviction, shall negotiate to replace the void stipulation with an equivalent stipulation that answers the general tenor of these general terms and conditions.
If The Ark refrains from demanding the strict application of one of the stipulations of these terms and conditions, this shall not be considered to be an automatic surrender of the rights that The Ark has by virtue of these terms and conditions and it shall not prevent The Ark from demanding strict compliance with those stipulations later.
The Ark reserves the right to adapt or change its general terms and conditions at any time.
It is recommended that the customer prints and/or saves a copy of these terms and conditions when placing an order.
Catalogues, newsletters, folders and other advertising announcements of whatsoever quality shall not be considered to be binding offers of the described products.
3) Conclusion of an online purchase
Placing an order through the web shop consists of the following steps:
The purchase is concluded upon receipt by the customer of the order confirmation by mail from The Ark, even when this mail is received by the customer in the “spam” inbox of his/her email account. This confirmation mail shall only be sent by The Ark after correct payment of the order by the customer.
Any changes or additions to the products after the conclusion but before delivery has taken place (e.g. in respect of change of size, color or delivery method) shall only apply upon written approval by both parties.
4) Dissolution agreement:
Prior to processing an order placed by the customers, The Ark reserves the right to (i) verify the data of the customer and his/her activities, and (ii) demand additional information about the customer and his/her activities, for reasons of security, fraud and surety, and, failing these, to refuse execution of the order. In addition, The Ark may refuse to execute orders that prove that the customer intends to resell the products.
In the event that The Ark, for objective reasons, considers itself incapable of executing the purchase/order (e.g. without limitation: products being not or no longer in stock, reason to believe that the customer is under the age of 18, unavailability of The Ark to deliver the order at the address provided by the customer), The Ark shall inform the customer of this within 7 calendar days after the conclusion of the agreement. In that case, payments already made by the customer shall be repaid within 14 calendar days after the conclusion of the agreement. Under no circumstances, compensation may be demanded from The Ark by the customer in such case.
The Ark reserves the right to cancel a purchase/order if it is based on incorrect information from the customer entered in the system of the web shop or when The Ark suspects that the customer purchases a product from The Ark for reasons that cannot be considered objectively as reasonable and acceptable. In such case, The Ark will be entitled to claim compensation for the loss suffered as a result. At any rate, The Ark shall in the first instance approach the customer with a view to obtaining more information.
All prices are expressed in EURO and shall be inclusive of VAT, but exclusive of any delivery, shipping or other administrative costs, unless expressly stated otherwise.
Any costs for delivery shall always be stated separately.
The products shall always be sold at the prices as stated in the web shop at the moment of the online purchase.
In the event of a raise or reduction of one or more of the following price factors - insofar as the prices are based on amount of the costs as: wages, fabrics and parts, social contributions and government charges, transport costs and insurance premiums, rates of exchange and/or other costs – The Ark will be entitled to raise or reduce, respectively, its prices accordingly in accordance with the legally permissible norms.
Promotional codes, in whatever form (such as, without limitation, price reductions, discount vouchers, free shipment, etc.) must always be used in accordance with their terms and conditions as expressly stipulated. In any case, they must be applied for a single discount on a purchase of a single product, or for the time as indicated by the promotional code.
Promotional codes are personal and may not be transferred. They may only be used for purchases on the web shop. The customer may not sell, exchange or assign the promotional code. The promotional codes may not be uploaded or disclosed through websites or other media making public the offers, gifts, sales or exchanges. Promotional codes may not be used for commercial purposes.
Just one promotional code can be used per product and per order. In no way, the promotional code can be combined with other special offers or promotions. In no way, the promotional code can be exchanged for money.
The Ark reserves the right to void a promotional code immediately when it suspects that it is being used in violation of any of the above conditions, or in any improper manner or when it has reasonable grounds for voiding it.
If the customer uses the right of withdrawal for products that were subject to a promotional code, The Ark reserves the right to recalculate the price of the products that were not part of the withdrawal. For example: promotion campaign entailing that in case of purchase of product A, product B can be purchased for half the price. The customer cancels product A. This means that the promotion conditions are no longer fulfilled and the full price will have to be paid for product B. In that case, The Ark shall repay the money paid, in accordance with clause 9, deducting the additional part that must still be paid for product B.
The date of delivery stated shall always be of an approximate date, but in any case 30 days at the latest upon conclusion of the agreement. Under no circumstance, except in the event of intention or gross neglect on the part of The Ark, shall the excess of the estimated delivery term be reason for compensation or dissolution of the agreement at the expense of The Ark.
Changes in the order shall automatically cancel the terms of delivery stated. In no case shall The Ark be liable for delays occurred due to the default of suppliers, the customer and/or any other third party. Late delivery by The Ark shall not release the customer from his/her obligations. The Ark reserves the right to make partial deliveries in respect of any order whatsoever.
The customer may opt for (i) delivery at an address appointed or (ii) delivery at a DPD-pick up spot.
In case of delivery to a customer’s appointed address or a DPD-pick up spot, the products shall be supplied DELIVERED AT PLACE (Incoterms® 2010) at the delivery address specified by the customer or at the collection point chosen by the customer. The transfer of risk for damage, destruction and disappearance in respect of the products shall therefore pass on at the moment of effective delivery.
In case of absence of the customer upon delivery at its appointed address, the transport service shall leave a note at the delivery address stating that the customer may collect the order from the post office stated in the note or any other pick-up point. If the customer rejects the order upon delivery or if the parcel is not collected from the DPD-pick up spot or post office within the term stated in the note, the order shall be returned to the registered office of The Ark. The costs of returning the goods as well as the costs connected with this (such as, without limitation, customs charges, taxes, VAT, storage costs) shall be borne by the customer.
Orders via the web shop may only be paid online by the customer via a special payment module provided on the web shop of The Ark.
For the processing of these online transactions, The Ark uses external professional and specialized partners who manage a payment platform. The financial data of the customer entered in the framework of online payment shall only be exchanged between the external partner and the financial institutions concerned. The Ark shall not have any access to the confidential data of the customer.
Online payments take place using secured protocols. To all online payments shall apply the general terms and conditions of the external manager of the payment platform, who is the sole person responsible for the correct execution of all online payments.
9) Electronic invoicing:
By ordering a product, the customer expressly agrees with the use of electronic invoicing by The Ark, except if agreed otherwise in writing between the parties.
10) Right of withdrawal:
The customer has the right of withdrawal in respect of the products purchased via the web shop. Pursuant to Book VI “Marktpraktijken & Consumentenbescherming“ of the Belgian Wetboek Economisch Recht [Market Practices & Consumer Protection of the Belgian Code of Business and Economic Law] the customer is entitled to cancel the agreement within a period of 14 calendar days without stating reasons.
The term of withdrawal expires 14 calendar days after the day on which the customer or a third party designated by the customer, not being the conveyor, receives the physical possession of the good.
To exercise the right of withdrawal, the customer shall inform The Ark – firstname.lastname@example.org or The Ark NV, Noorwegenstraat 17, B-9940 Evergem) of his/her decision to cancel the order via a clearly worded statement by post or email. If the customer opts for such manner of withdrawal, The Ark shall send the customer acknowledgement of receipt of his/her cancellation without delay on a sustainable data carrier (e.g. by email). To comply with the terms of withdrawal, The Ark shall suffice that the customer sends his/her statement in respect of the exercise of the right of withdrawal before the term of withdrawal has expired.
In case of correct withdrawal, The Ark shall repay the customer of all payments he/she has made up to that moment, including delivery costs (with the exception of any additional costs as a result of the choice of the customer for another manner of delivery than the cheapest standard delivery provided by The Ark), without delay and at any rate no later than 14 calendar days after The Ark was informed of the customer’s decision to cancel the agreement. The Ark shall then repay the customer using the same means of payment used by the customer for the original transaction, unless the customer has expressly agreed otherwise. At any rate, the customer shall not be charged costs for such repayments. The Ark will be entitled to postpone repayment up until (i) the products have been received by The Ark or (ii) the customer has proven that he/she has returned the products to The Ark, depending on which point of time is first.
The customer shall return or hand the products to The Ark without delay, but at any rate no later than 14 calendar days after the day when he/she informed The Ark of his/her decision to cancel the order. The customer shall have acted in due time if he/she returns the products before the term of 14 calendar days has expired.
The direct costs of returning the products shall be borne by the customer.
The customer shall be liable for the decrease in value of the products due to the use of the products that goes beyond what is necessary to determine the nature, size, characteristics and effect of the products. This implies that the customer may try on the clothing products bought, but in no way wear them longer than necessary. If this is not met, The Ark is entitled to deduct this decrease in value of the amount subject to pay back following the withdrawal of the customer.
Repayment of the delivery costs by The Ark shall always occur pro rata. (For example: the customer buys 2 products and sends 1 back, using the right of withdrawal. In that case, The Ark needs only to repay 50% of the delivery costs.) However, when The Ark uses fixed delivery costs, The Ark will not be obliged to repay any delivery costs upon partial cancellation.
The returned product may not have been worn longer than necessary to try the clothing on, and must be in the same condition as at the moment of delivery. Moreover, the product must be returned in the original packing in which the product was sent, whether opened or not and including all appurtenances supplied with the product, whereas the customer will not be entitled to remove the “label/etiquette”, so that The Ark will be able to sell the product still to a third party upon withdrawal.
11) Visible/hidden defects and complaints:
Upon delivery of the product, the customer shall immediately carry out a first verification. This obligation of immediate verification relates to, among other things: (a non-exhaustive summary of conformity) quantity, size, color, and other visible defects. At the risk of forfeiture, the customer shall inform The Ark immediately, within 48 hours after delivery of the product (delivery note) and at any rate before wearing/using the products, of verifiable variations in writing.
Given their quality of consumer, each customer will further possess the statutory guarantee in accordance with the Belgian Act of 1 January 2005 on the sale of consumption products.
If no complaints are submitted within these terms, the customer shall be considered to have approved and accepted the delivery. At the risk of inadmissibility of the complaint, the customer shall have to prove that he/she has kept the products correctly both before and after discovery of the defects.
After finding any defect, the customer shall immediately discontinue the further use of the product concerned and furthermore take all reasonable measures to prevent (further) damage and to keep the products correctly, at the risk of inadmissibility of the complaint. The guarantee or indemnification for hidden defects shall in no case apply if the damage has been caused by incorrect usage or incorrect maintenance of the product.
In no case will the customer be entitled to return the products to The Ark pursuant to this clause without the prior agreement of the latter. The Ark shall in no case be responsible for the loss of or damage to returned products until the moment that they are accepted by The Ark in its warehouses.
Any claim of indemnification shall become ineffective upon processing, change or repair by the customer or by third parties or in the event of abnormal or extraordinary usage, burdening and/or wear and tear of the products or damage caused by force majeure.
No claim of indemnification by The Ark for hidden defects or non-conformity may be retained after expiry of the aforementioned terms.
The customer will be obliged to compensate the costs incurred because of unjustified complaints.
The guarantees that The Ark provides to the customer shall be limited, upon The Ark’s discretion and insight, to (complete or partial): (i) replacement (ii) taking back the products concerned accompanied with crediting the customer.
Disagreement with an invoice by the customer shall be submitted in writing by the customer within 7 days after invoice date.
The Ark makes every reasonable effort to ensure that the colors on the web shop match the actual products as closely as possible. The customer acknowledges in any case that certain colors may vary, due to technical limitations.
With the exception of indemnification by The Ark in accordance with the above guarantee stipulation, The Ark’s liability shall be limited to the invoice value (exclusive of VAT) of the products supplied by The Ark and shall at any rate be limited to the mandatory liability.
In no case will The Ark be obliged to compensate indirect damage (such as, without limitation, loss of income or damage to third parties).
The Ark shall not be liable either for defects that are caused directly or indirectly by an act of the customer or of a third party, irrespective of whether these are caused by an error or negligence.
The customer shall be solely responsible for the use of the product and, more particularly, in respect of the composition/fabrics of the clothing, and, for this purpose, shall take the initiative for a prior check, whereas The Ark shall not be responsible in this respect in any way. In addition, the customer shall be responsible to judge if he/she is allergic to a certain fabric out of which a product of The Ark is composed.
13) Force majeure/hardship:
If, because of force majeure, The Ark cannot possibly execute its obligations or if the execution is made more difficult to an unreasonable extent, The Ark will be entitled to suspend the execution fully/partially and this for the time being of this force majeure. The Ark shall in no way be obliged to cancel the order beforehand or to pay any compensation. Cases of force majeure shall be, without limitation: war, blockade, insurrection, industrial action or lock-out, seizure, shortage of means of transport, general shortage of raw materials or products, limitations in respect of energy consumption, either at The Ark, or at one of its suppliers. In the event of hardship, The Ark aims to renegotiate the terms of the agreement. If no agreement can be reached between the parties, The Ark reserves the right to suspend the execution of the agreement entirely or partially for the duration of the hardship.
In accordance with the provisions of the Belgian Financial Collateral Act of 15 December 2004, The Ark and the customer shall automatically and by operation of law compensate and set off all actually existing and future debts with each other. This means that in the permanent relationship between The Ark and the customer, after the aforementioned automatic set-off, as a balance only the largest debt remains always. This set-off shall at any rate be enforceable against the receiver and the other joint creditors, who, therefore, will not be able to oppose the set-off implemented by the parties.
15) Intellectual property rights:
The Ark guarantees that it has the necessary licenses for offering its range of products. The Ark shall retain all copyrights or other intellectual rights granted to it or its product description, texts, designs, drawings, models, samples, photographs and products drawn up by it, so that the customer shall not copy or use e.g. the products for other purposes than for which they are intended without prior written permission from The Ark.
16) Choice of law and competent courts:
Belgian law shall apply.
Disputes shall fall under the exclusive competence of the courts of the district where The Ark has its registered office in Belgium, unless The Ark expressly states otherwise.
The original language of these terms and conditions is English.
Translations of documents drawn up in another language shall always only serve an informational purpose for the customer.