General terms and conditions of Xandres.nl - version 31/03/2023

Welcome to the website www.xandres.nl of Xandres NV with offices at Nijverheidsstraat 20, 9070 Ghent, Belgium, RPR Ghent, BE 0639856 936 (hereinafter referred to as Xandres). To contact Xandres, please click here to choose the relevant topic. These general terms and conditions apply to all use of xandres.nl and to sales through this website to consumers. By placing an order through this website you agree to these terms and conditions, which you can print and save. These terms and conditions are, unless explicitly agreed by Xandres, applicable to the absolute exclusion of any other conditions and/or agreements.

Xandres has made every effort to ensure that colors and descriptions of its products are as accurate as possible. However, you will want to take into account that the picture and color quality may vary depending on the customer's screen. Xandres cannot guarantee that your screen correctly displays all the characteristics of the actual product. You will find a product description (color, size, type of product, etc.) and digital photos with each product. All prices include VAT for European countries, but exclude shipping costs. Prices listed on Xandres.nl can change during, for instance, sales or as a result of promotional campaigns or price adjustments as a result of, for example, an increase in the raw material or production price. Please check the indicated price at the time you place an order.

Xandres only sells to consumers through the xandres.nl webshop. This means that if you plan to buy products that are not for your own use but for resale, or if you are a business, you cannot place an order and Xandres cannot sell you products. A binding purchase between you as a consumer and Xandres as a seller under these conditions is entered into when you place an order on this website. Your order will be considered as placed when you have completed the last step of the ordering process. By placing an order, you expressly agree to be bound by these terms and conditions, including all statements and elements such as the privacy statement and return policy.

Xandres undertakes to process your orders while stocks last and within the limitations formulated in these terms and conditions and/or any special offers. In the unlikely event that a product you have ordered is not in stock, the Xandres customer service will inform you immediately and offer you an alternative solution (e.g. shipment at a later date, a replacement product or refund), of course free of charge. Xandres reserves the right to refuse orders in the event of serious suspicion of abuse of law or bad faith, serious suspicion of commercial purposes or in case of exhaustion of the stock of a particular product.

Xandres reserves the right to change or cancel an order in case prices or discounts are not correctly displayed on the website due to a computer error or a material error, in case of abnormal prices or abnormal discounts and/or if these prices whether discounts were clearly incorrectly included in the website or the statement.

After you have placed your order, you will be redirected to a payment page on the Xandres website with the request to pay for your order. Xandres accepts PayPal, Visa, MasterCard, Maestro debit and credit cards, iDeal, Klarna Afterpay and Bancontact. With the payment of your order you give Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, The Netherlands with KvK number 30204462 the permission to keep your financial data safe, so that you do not have to re-enter it for future orders with Xandres on xandres.com. In case of a refund, the card or bank account used by you for payment will be credited. Xandres is not responsible for exchange rate fluctuations between the currency used for the initial payment and the currency of your credit card or bank account when the amount is refunded.

You will receive an order confirmation on your screen and by e-mail as soon as your payment has been made.

On the Xandres.nl site you can opt for delivery in the Netherlands. If you want to have an order delivered to another country, you should use the site corresponding to this country.

You can choose between the following shipping options:

- Delivery to your home or to the address indicated by you

Xandres strives to ship your order within 1 working day after receipt of your payment. It takes an average of 1-2 working days for Xandres to deliver your order to the address you specified (excluding weekends and holidays in Belgium and country of destination). Note: Saturdays, Sundays and public holidays are not considered working days.

An order placed on Friday afternoon or during the weekend will be processed on Monday.

During busy periods such as, but not limited to, the end of year period or the sales, or even in exceptional circumstances such as Covid19, it is possible that the delivery times are slightly longer.

In the event that the courier service contacted by Xandres should lose your package, Xandres will offer you a voucher in the amount of your purchase price, unless you inform Xandres by email to the address customercare@xandres.com within 3 calendar days after receipt of the notification of loss of the package that you want the purchase price to be refunded.

Orders from € 150 incl. VAT are delivered free of charge.

- Free delivery in the shop (in Belgium and The Netherlands)

In Belgium and The Netherlands it is possible to have your order delivered free of charge to a Xandres or Xandres Gold shop of your choice. You can select your preference at checkout. When your order is ready to be picked up, you will be notified by e-mail. The Xandres or Xandres Gold store selected by you will stock your package for a maximum of 10 days. If the package is not picked up within this period, it will return to the warehouse of Xandres. You may be asked to identify yourself when you collect your order.

Xandres cannot in any way be held liable for late delivery in cases of force majeure, including but by no means limited to wars and similar situations, epidemics and pandemics, decisions or actions of the public government (such as, for example, following the lockdown measures as a result of Covid-19), weather conditions (such as but not limited to persistent frost), strikes, floods and fire, lock-out, transport difficulties, late or incorrect delivery of the stock of fabrics, products, semi-finished products etc. by the suppliers despite correct order by Xandres, new legislation or regulations.

The delivered products remain the exclusive property of Xandres until full payment has been made. The risk of damage to or loss of the goods passes to you upon delivery to you, which happens at the moment that you or a third party designated by you who is not the carrier, takes physically possession of the goods.

You must immediately report any visible damage to the products that you notice upon receipt of the product (s) to Xandres via customercare@xandres.com.

Use of the Webshop

Xandres is only held to an obligation of means with regard to the operation and continuity of the services on the internet. Xandres is not responsible for interrupted or limited availability of or access to the Xandres.nl webshop, malfunctions depending on the computer system, viruses or other inconveniences or damage in the broadest sense of the word that could arise through the use of the webshop.

Our website may provide you with hyperlinks to other sites. We are not bound by any commitment with respect to any other site to which you may access and therefore cannot be held responsible for the content, operation and access to such sites.
If you personally publish a website and wish to place a hyperlink on your site that leads directly to the home page of our website, you must obtain prior permission from Xandres. In all cases, any hyperlink must be removed at the simple request of Xandres, which therefore reserves the possibility, in the case of an authorized hyperlink, to reconsider the authorization granted.

Legal guarantee

You can invoke the legal warranty if the delivered product (s) is/are not in conformity with the purchased product(s) and if the non-conformity is established within two years from delivery. You must inform Xandres of this non-conformity within a period of two months from the day on which you discovered the defect. If the product(s) show(s) defects and/or damage(s) within the first two years after delivery, it is assumed that the defect has existed since delivery. Xandres will have to prove the contrary if it does not agree with this.  You cannot invoke the legal guarantee for changes in delivery times or for defects of which you were aware at the time of the order.

In case of complaints about the non-conformity of the product(s), you can contact Xandres via the email address customercare@xandres.com.

Exclusions

The legal warranty lapses if the defect has arisen as a result of deterioration of the condition due to negligence, accidents, disasters, falls, or even, non-compliance with the user-maintenance instructions, poor maintenance, abnormal, commercial, inappropriate or incorrect use. The warranty will in any case be void if a third party has modified, treated and/or processed the product(s).

Use of the products

Xandres cannot be responsible for theft of the product(s) (unless during transport arranged by Xandres for delivery), loss or material or other damage of any kind that you or a third party would suffer during use of the products.

As a consumer you have the right to cancel your purchase, without paying a fine or to be obliged to state the reasons for withdrawal, within 14 calendar days from the day on which you or a party designated by you, who is not the carrier, takes physical possession of the goods or, if you have ordered several products in the same order that are delivered separately, from the day on which you or a party designated by you, who is not the carrier, physically takes possession of the last product. You then have 14 calendar days to send the goods back. Withdrawal after this period is not possible. In case of withdrawal, the following return procedure must be followed.

As a consumer, you have the right to return the products that you have purchased, in accordance with the following provisions, within 14 calendar days after you have informed Xandres of your decision to cancel the purchase. Returns after this period are no longer accepted.

Return via post office or collection point

Place the product(s) you wish to return in the bag and box in which your order was delivered. Do not forget to include the return form, which contains your order number and order details. Affix the pre-printed, self-adhesive address label over the original label on your package. Then you offer the package at the chosen collection point (post office or other delivery or collection point). When your return shipment has been received and processed by Xandres, Xandres will notify you by e-mail. Refunds will be made within 14 days of receipt of your returned products.

Returns via Xandres or Xandres Gold stores in Belgium of The Netherlands

You can also choose to return the products in one of the Xandres or Xandres Gold stores. This is possible in any store. For a nearby store, go to "our stores" for an overview.

Place the product(s) you wish to return in the bag and box in which your order was delivered. Do not forget to include the return form with your order number and order details. Affix the pre-printed, self-adhesive address label over the original label on the box. This box can be brought into a store of your choice (see "our stores").

The shop manager receives the box with your returned product(s) and ensures that this package reaches the Xandres distribution center. As soon as your return shipment has been received and processed in the Xandres distribution center, Xandres will notify you by e-mail. Refunds will be made within 14 days of receipt of your returned products.

It is not possible to receive cash or a voucher in the shops themselves.

Xandres requests that you comply with the points mentioned below. Returned packages and/or products are thoroughly examined. Xandres reserves the right to hold you liable for any loss in value resulting from use after delivery that goes beyond what is strictly necessary to determine the nature and essential characteristics of the goods. 

• The return has been initiated and the package has been delivered to a post office or Xandres/Xandres Gold store within 14 days of receipt of your order.
• Each item is strictly unused and in completely undamaged condition.
• The original labels and tags are attached to the items and in perfect condition.
• The original packaging is included and is undamaged.
• If the initial online order was paid with an online gift voucher, a new gift voucher will be issued after return.
• Refunds take place within a period of 14 days after receipt of your returned products and verification by Xandres that they meet the aforementioned return conditions.
• Shipping costs will only be refunded if you received a product that was not the one you ordered or if the product was damaged when you received it. In case of a partial return, in other words when not all ordered and delivered products are returned, no shipping costs will be refunded, only the returned products.

In the exceptional case that your package is lost during shipment or return due to circumstances that are not attributable to you, you will always be reimbursed via an online voucher from your purchase value unless you inform Xandres by mail at the address customercare@xandres.com within 3 calendar days of receipt of the notification of loss of the package, that you want the purchase price to be refunded.

Important remarks:

Provided the above return conditions are met, Xandres will pay you back with the same payment method as you used for the original transaction, unless you have explicitly agreed otherwise. Potential losses due to currency fluctuations are not reimbursed. Additional costs as a result of the fact that you have explicitly opted for a different method of delivery than the cheapest standard delivery offered by Xandres will not be refunded.

You can find even more helpful information about returning products in the returns section of the customer service pages (FAQ). If you do not find the information you need, please contact Xandres customer service (+32 (0)9 218 18 18 or by mail customercare@xandres.com).

This return procedure in no way limits the warranty you have under Belgian law, should a product be defective or non-compliant. Xandres does ask you to inform Xandres within 2 months of the fact that the product is defective or not conforming (see article 7 of these conditions). After this period, complaints will no longer be accepted.

Each party has the right to cancel a purchase in the event of a material breach by the other party of these terms. This means, for example, that Xandres can cancel a purchase if you are not a consumer or if your payment is, or appears to be, illegal.

Anyone who shops in the webshop and/or the Xandres boutiques and has a personal account will automatically receive a customer discount on their next purchase. The discount is 5% of the purchase value and can be redeemed for purchases in Xandres boutiques and the webshop.

The customer discount is valid in Xandres boutiques and the webshop for two years after your last purchase. If you provided an accurate email address when you created your personal account or updated your personal account in the case of a changed email address, Xandres will give you three months' notice of the expiry of your customer discount.

No customer discount will be applied for products already sold at a discount, e.g. during sales.

If you use your customer discount for an online purchase and this is followed by a return, the customer discount balance will be adjusted automatically so that you can benefit from the customer discount again on your next purchase (provided your customer discount is still valid). This means that the used customer discount will be put back into your account when you return part or all of your order. The newly earned customer discount will also be adjusted.

You can review your customer discount and validity date via your account at www.xandres.com or by consulting your receipt after purchasing an item in Xandres boutiques.

• Gift cards can be redeemed for products at Xandres stores and on www.xandres.com.
• Gift vouchers purchased in the store can be spent on the online shop. Gift vouchers purchased online can be spent in stores.
• Gift vouchers are non-transferable and cannot be exchanged or exchanged for cash.
• If the amount of your order exceeds the value of the gift card, you must select a payment method and pay the remaining amount.
• If the value of your gift voucher is more than the amount of your order, you will receive a new gift voucher for the remaining amount. The remaining amount will remain available until the balance is used up or until the term has expired.
• For returns of products that were purchased with a gift voucher, a new gift voucher will be issued in the amount of the purchase price.
• Gift cards are sent to the recipient via email once the order has been processed and payment has been made. At the request of the sender, a copy can be sent as confirmation.
• You undertake and declare that you are responsible for providing the correct email address. Xandres is not liable for sending a gift voucher to an incorrect or non-existent email address.
• Xandres is not responsible if a gift voucher is lost, stolen, destroyed, or used without permission.
• Xandres reserves the right to cancel a gift voucher in case of fraud, deceit and/or serious breach of contract.
• Shipping costs and VAT apply to all products purchased with a gift voucher.
• Promotional voucher codes or gift certificates cannot be used to purchase gift vouchers.
• In the event of a return of a product that has been partially or fully paid for with gift vouchers, these cannot be refunded in cash, by check or by credit card.

Xandres keeps an electronic copy of your order for as long as required by law. If you want a printout of your order, you can print the order confirmation that will appear on your screen once you have placed your order and your payment has been processed. This order confirmation is also sent to you by e-mail. You can also find past orders in "my account".

All content (images, texts, photos, drawings, logos, models, brand names,…) of Xandres, as stated on xandres.com, is protected by intellectual property rights (copyright, trademark law,…). It is not permitted to copy or distribute any content of this website in whole or in part without the express written permission of Xandres.

In the privacy declaration of Xandres you will find information about how Xandres will use your data. By accepting these terms and conditions, you also agree to the provisions of Xandres' privacy statement. By using the Xandres webshop xandres.nl and ordering via this webshop, you unambiguously give permission to include all personal data obtained in a file and use them for administrative and commercial purposes. You always have the right to view, change or object to the use of this data for commercial purposes. You have the “right to be forgotten” and if you wish to exercise this right, you must inform Xandres in writing by sending a letter to the address mentioned under article 1 or by e-mail to customercare@xandres.com.

If one or more provisions of these terms and conditions is/are not valid or if an explicit derogation is agreed upon, this does not affect the validity and applicability of the other clauses of these terms and conditions. In this case, the invalid provision should be moderated to what is permitted by law.

This agreement between you and Xandres is exclusively governed by Belgian law. The courts of your place of residence are competent for disputes with Xandres regarding the conclusion, validity, execution, termination of the agreements and orders with Xandres via the Xandres.nl webshop, unless you wish to bring Xandres before the courts of its registered office (being the Court of Entreprises in Ghent, Ghent Department). There is also the option for online dispute resolution: The European Commission offers the option for online dispute resolution on one of their online platforms. This platform can be consulted via the external link http://ec.europa.eu/odr/.