General conditions

Company data

Company name: ghoti
Trade name: Fairy Positron
E-mail: 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", "our") offers its customers the opportunity to purchase the products from its online store online.

These Terms and Conditions ("Terms and Conditions") apply to any order placed by a visitor to this e-commerce website ("Customer", "you"). When placing an order through Fairy Positron 's 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, except when previously, in writing and expressly accepted by Fairy Positron .

Article 2: Price and discounts

All prices stated are expressed in EURO, always including VAT and any other taxes or duties that the Customer is obliged to pay.

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

The statement of price refers only to the items as they are described verbatim. The accompanying photographs are for decorative purposes and may contain elements not included in the price.

Most discounts (such as discounts with a discount code or tying) cannot be combined. Discounted items can generally be combined with a discount code or tying, however.

No discount codes are accepted on used item sales.

Article 3: Offer

Despite the fact that the online catalog and the e-commerce website are compiled with the utmost care, it is still possible that the information offered 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 bound by an obligation of means with respect to the correctness and completeness of the information offered. Fairy Positron is in no case liable in case of manifest material errors, typesetting or printing errors.

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

The offer is always valid while supplies last and may be modified or withdrawn by Fairy Positron at any time. Fairy Positron cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made under conditions, this will be explicitly mentioned in the offer.

Article 4: Online Purchases

After adding your chosen items in the correct size and color to your electronic shopping cart, you can checkout after accepting the Terms and Conditions. After this, we will ask you to fill in the shipping address, after which we can calculate the shipping costs, taking into account your chosen shipping option.

Then you will 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, this is to avoid fraud with your credit card. So in most cases you will need a digipass to pay by credit card.

You can place an order with an account or checkout without an account (as a guest).

Fairy Positron is entitled to refuse an order pursuant to a serious default by the Customer in relation to orders involving the Customer.

Article 5: Delivery and execution of the agreement

Articles ordered via this web 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 wrongly stated address, return due to discontinuation of free movement of goods, ...) can be recovered from the Customer.

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

Unless otherwise agreed, due to force majeure or expressly provided otherwise, the goods will be delivered to the Customer's 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 deficiency of an item or other failure in delivery, must be promptly reported by the Customer to Fairy Positron, at hallo@fairypositron.be.

The risk for loss or damage passes to the Customer from the time it (or a third party designated by it, which is not the carrier) takes physical possession of the goods. However, risk already passes to the Customer on 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 the moment of full payment by the Customer.

The Customer undertakes to draw the attention of third parties to Fairy Positron 's retention of title if necessary, e.g. to any person who may come to seize items not yet fully paid for.

Article 7: Right of withdrawal

The provisions of this article apply only to Customers who purchase items online from Fairy Positron in their capacity as consumers.

The Customer has the right to revoke 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, takes physical possession of the good.

To exercise the right of withdrawal, the Customer must inform Fairy Positron of its decision to withdraw from the agreement by an unambiguous 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 event no later than 14 calendar days from the day on which it communicates its decision to revoke the agreement to Fairy Positron Fairy Positron. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.

The direct cost of returning the goods will be borne by the Customer. We recommend using parcel post with tracking code for this purpose.

But of course we also accept letter mail (if size and weight allow). However, Fairy Positron is not responsible for the loss of or damage to returned goods.

The Customer is requested to return the items in their original condition and packaging, with all accessories, labels and packaging supplied with them. If the returned item is in any way diminished in value (e.g. worn, washed, damaged or stained), Fairy Positron reserves the right to hold the Customer liable and to claim damages for any diminution in the value of the goods resulting from the Customer's use of the goods beyond what is necessary to establish the nature, characteristics and operation of the goods.

All returned items are carefully examined. The premise here is that the consumer may only inspect the item as he would be permitted to do in a store. Returned items may be tried on, but must not have been used or washed. If an item has suffered a decrease in value due to the Customer's use, this will be charged to the Customer.

If the Customer revokes the agreement, Fairy Positron will refund to the Customer all payments received from the Customer up to that point, including the standard delivery costs (of the original shipment, not of the return; possibly pro rata to the number of goods purchased/returned), within a maximum of 14 calendar days after Fairy Positron has been informed of the Customer's decision to revoke the agreement. For sales agreements, Fairy Positron may wait to refund until it has received all the goods back.

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

Fairy Positron will reimburse the Customer using the same means of payment with which the Customer made the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged 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 whose seal was broken after delivery or whose seal was originally missing. This refers in particular to underwear/slips/boxer shorts and socks. Due to hygienic reasons, these cannot be returned.

Also, sale items (discounted items purchased during the sales periods) cannot be returned.

Article 8: Warranty

Under the Act of September 21, 2004 on consumer protection 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 warranty 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 should contact Fairy Positron 's customer service department at hallo@fairypositron.be and return the item to Fairy Positron (ghoti) at its expense.

Upon discovery of a defect, 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 determination. Thereafter 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, non-compliance with the user or washing instructions or manual, modifications or alterations to the item, 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, subject to proof to the contrary by the Customer.

Article 9: Customer Service

Fairy Positron 's customer service can be reached at the telephone number +32 489 86 70 30 or by e-mail at hallo@fairypositron.be. Any complaints can be addressed to them, we will do our utmost to provide you with a good service.

Article 10: Penalties for non-payment

Without prejudice to the exercise of other rights available to Fairy Positron , in the event of non-payment or late payment, the Customer will be liable, ipso jure and without formal notice, to pay interest of 10% per annum on the unpaid amount. In addition, the Customer shall be liable, ipso jure and without notice, to pay a fixed indemnity of 10% on the amount involved, with a minimum of 25 Euros per invoice.

Without prejudice to the foregoing, Fairy Positron reserves the right to take back articles that have not been paid (in full).

Article 11: Privacy

The controller, Fairy Positron (ghoti) respects the Belgian law of December 8, 1992 regarding the protection of privacy in the processing of personal data.

The personal data communicated by you will only be used for the following purposes for which you have given your consent: the execution of the concluded agreement, processing the order, sending newsletters, advertising and/or marketing purposes.

You have a legal right to access and correct your personal data. Subject to proof of identity (copy of identity card) you can obtain the written communication of your personal data free of charge by means of a written, dated and signed request to Fairy Positron, via hallo@fairypositron.be. If necessary, you can also request the correction of any data that is incorrect, incomplete or irrelevant.

We treat your data as confidential information and will not transfer, rent or sell it to third parties. Your information 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 web shop platform
• Sendcloud/bpost/DPD: they deliver the parcels of Fairy Positron
• PayPal/Mollie/Klarna/Shopify: they manage 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.
• E-mail: for personal e-mails we use ProtonMail, for newsletters we use Omnisend.

Customers are responsible for keeping their login information and password confidential. Your password is stored encrypted. Fairy Positron therefore has no access to your password.
Fairy Positron keeps online anonymous visitor statistics to see which pages of the internet site are visited and to what extent.

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

Article 12: Invalidity - non-waiver

If any provision of these Terms and Conditions is held to be invalid, illegal or void, this shall not in any way affect the validity, legality and applicability of the other provisions.

The failure at any time by Fairy Positron to enforce any of the rights enumerated in these Terms and Conditions, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.

Article 13: Modification of Terms and Conditions

These Terms and Conditions are supplemented by other terms and conditions explicitly referred to, and the General Terms and Conditions of Sale of Fairy Positron. In case of conflict, these Terms and Conditions take precedence.

Article 14: Evidence

The Customer accepts that electronic communications and backups may serve as evidence.

Article 15: Applicable Law - Disputes

Belgian law applies, with the exception of the provisions of international private law on applicable law.

The Corporate Court of Antwerp and the Justice of the Peace Court of Antwerp have jurisdiction in legal disputes.

Consumers can also turn to the Consumer Ombudsman Service of the FPS Economy(https://consumentenombudsdienst.be/nl) or to the European Commission's Online Dispute Resolution (ODR) platform (http://ec.europa.eu/consumers/odr/).