1. General Terms and Conditions for the Ocean Couture and Shark Couture website
These General Terms and Conditions apply to all transactions made online at the website of Ocean Couture and Shark Couture. Please read them carefully before you place an order. All agreements are subject to and will be interpreted in accordance with Belgian law, and all disputes between the parties shall be exclusively settled by the Belgian courts. Nothing in these General Conditions shall be deemed to affect your statutory rights. By making use of this website, you accept these General Conditions. All transactions with Ocean Couture and Shark Couture are subject to these General Conditions. The words 'the company', 'we' or 'us/our’ always refer to Ocean Couture and Shark Couture. The word 'customer' always refers to the person or persons who purchase(s) goods from the company or agree(s) to purchase goods. Every reference to the website implies a reference to all URLs that are the property of Ocean Couture and Shark Couture.
Depending on your location (IP address), all the prices are stated in US dollar if you are in the USA, and in euro for all other locations. They include Belgian VAT at the applicable rate, unless clearly stated otherwise. All prices are subject to change without prior notice.
To purchase a product, you first need to add it to your shopping basket. Once you have added your desired products to your shopping basket, you need to enter your contact and invoicing details. Then, you have to provide us with all necessary details for the payment of the products. Once we have received all of the above details, you will see an overview page. Once you accept this, your purchase is confirmed. The purchase agreement can be concluded in the language of the website where you make your purchase.
We accept orders through online transactions (secure server). All transactions using credit and debit cards are subject to verification and the authorisation of the card issuer. We accept Visa, MasterCard, Maestro, Bancontact/Mister Cash, KBC Online/CBC Online, ING Homepay, Dexia Direct Net, iDEAL and PayPal. If your card issuer refuses to authorise your payment to us, we cannot be held liable for shipping delays or a non-delivery of your order. Orders without valid payment in the name of the registered card holder will not be accepted or processed.
Attention: minors (under 18) may not proceed to the purchase, unless they have permission of one of their parents or their legal guardian
Ordered products will be delivered as quickly as possible in accordance with the requested shipping method. All shipping costs are subject to change without prior notice. We will make every effort to ensure that you receive your order within the estimated delivery time. The maximum delivery time is 30 days following the day after the order was placed. All goods are supplied subject to availability. If we are unable to deliver your goods within 30 days, we will notify you immediately and inform you of the expected delivery date. If we are unable to deliver your goods within 30 days, you may cancel the undelivered orders/products at any time whatsoever once you have been notified of the late delivery. If payment has already been made, you will receive a full refund for the item or items in question. If the goods we supply are damaged during shipping or do not correspond to the items on the delivery note or the items you ordered, you are required to notify us and return the items within 14 calendar days following receipt. If we do not receive such notification, the customer will be deemed to have accepted the items and to be satisfied with them. We cannot be held liable for any consequential damage due to late delivery or non-delivery by the carrier engaged by the company. Our liability in such instances is limited to the value of the items which it has been demonstrated were not received by the customer. Please note that you have 30 days upon the dispatch of your order to contact us should you not receive it. If you contact us after this 30 day period, we cannot guarantee your refund.
5. Returning and exchanging items
Within 14 days of purchase, we accept exchanges and refunds on our clothing line (excluding accessories)! We only ask that the following requirements are met:
- The item/s must be in original condition, with all tags remaining in place, including hygiene seal.
- Item/s must not have been worn, washed or altered in any way.
- Swimwear must only be tried on over your own lingerie garments.
- Refunds will be issued excluding the original shipping cost.
There is a limitation of a single exchanges regarding wrong size. Usage of our e-fitting size chart is compulsory and will be done in accordance with Ocean Couture and Shark Couture. Please note that you have 30 days upon the dispatch of your order to contact us should you not receive it. If you contact us after this 30 day period, we cannot guarantee your refund. Please the temple letter http://economie.fgov.be/nl/binaries/Bijlage_2_WER_VI_Modelformulier_voor...
Are returns free? : The shipping cost incurred for returning item/s to Ocean Couture or Shark Couture for an exchange or refund are not covered or reimbursed by us.
Do I need to return the whole set? : If you are exchanging, you only need to return the piece/s you wish to exchange. For a refund, the full set must be returned (top and bottom). We cannot issue refunds for a partial return of a top or bottom
How do I organize a return? : You can request a return authorisation (RA) from your account order history. Simply click the order you wish to return goods from. On the bottom of the next page, select [Request return authorisation]. You will be presented a list of goods which are legible to return. Select the goods and complete the registration. Please note we are unable to be held liable for the loss of your package being returned. We recommend using a registered postal service to return goods, and keeping a record of the tracking details
Where do I send my return to? : Our warehouse is based in Belgium, specifically chosen to facilitate all of our Returns. We will provide you with the full address when we allocate your Returns Authorisation number to you!
How long does it take for my exchange/refund to be processed? : We try and process returns as quickly as possible, but we do ask for 48 hours to be able to process your return. If you're exchanging, we will send your new piece/s out, and email you a new tracking number. If you're refunding, we will refund you through ´the same method you used to pay´, and email you once complete.
What if the item I receive is damaged or faulty? : Whilst we hope this never happens, if you do receive damaged goods, or have a manufacturing fault occur, please use request return authorisation (RA) from your account order history. Simply click the order you wish to return goods from. On the bottom of the next page, select [Request return authorisation]. You will be presented a list of goods which are legible to return. Select the goods with return reason 'damaged during transport' and complete the registration. We will personally assist you and sort out your problem as quickly as possible, as soon as we received your registration and at least 1 picture from your damaged product at email@example.com or firstname.lastname@example.org
We guarantee that our delivered products are conform to your order and meet the normal expectations in accordance to the specifications of the product. We guarantee that our products meet the existing laws on the time of you order.
If the malfunction or defect manifests itself within 6 months after delivery, we can assume the malfunction or defect already existed before the delivery, unless we can prove otherwise. After six months, you will have to prove yourself that the defect was already present at the time of delivery.
In addition all of our offered products are subject to warranty against manufacturing or material defects. The warranty lasts 24 months, starting from the date of the original invoice (unless stated otherwise). Defects caused by accidents, negligence or injudicious use are not covered by the warranty. To make a warranty claim, you need to return the item, together with the completed return note and a copy of the original delivery note, and send it to :
Ocean Couture and Shark Couture
Hendrik Heymanplein 228
9100 Sint-Niklaas (Belgium)
Please make it clearly visible where the item’s defect or which part is faulty. All items must be returned clean and dry, otherwise they will be returned to you without further action being taken.
Products are only for sale, unless stated otherwise. We make every effort to ensure that the colors on the website match those of the actual product as closely as possible. Certain colors may vary due to technical limitations.
8. Regulations on distance sales
In accordance with the regulations on distance sales you have the right to cancel any order placed via the website within 14 calendar days from the delivery date with a view to a refund, provided that the goods have not been used. This does not apply to items that were personalised or manufactured according to your instructions.
To cancel an item, you can send us an e-mail, notifying your customer number and the number of your order. You need to take reasonable care of items and retain all original packaging and must not use the item. Items must be returned within 14 calendar days after you have sent us your cancellation message. Items can be returned to our customer service (see contact details). All items will be returned at your expense, unless this concerns damaged or incorrect items, in which case we will refund the costs when we receive the items. If we receive the items in unused condition and in their original packaging with all accessories, you will receive your refund within 30 days of your cancellation message.
9. Force Majeure
We are not responsible for failure to comply with our obligations if this is the consequence of or is caused by labour disputes or any other circumstances that are reasonably beyond the company's control such as situations of force majeure, civil unrest or riots, floods, fire, strikes, lock-outs, transportation problems and promulgation of laws. If it becomes impossible due to such circumstances for the company to deliver the ordered items in whole or in part within a reasonable timespan, the customer's liability will be limited to the value of the items already delivered, increased by any associated shipping costs.
Any information appearing on our website(s) or which can be read in any other printed material of the company is deemed to be non-binding or is recognised as best practice. This should only be deemed useful supplementary advice in addition to other recognised practical guidelines. All information on our website is regularly updated.
11. Prices and printing errors
We check prices and specifications to the best of our ability, but although we make every effort to ensure that they are correct, we cannot be held liable for errors and omissions. We reserve the right to change our prices and specifications without prior notice.
12. Title to goods
All items supplied to the customer remain the property of Ocean Couture and Shark Couture until we have received all amounts due for the items in question.
All complaints and comments can be sent to email@example.com or firstname.lastname@example.org. We will use our best endeavours to deal with your complaint within 7 working days. If we cannot resolve your complaint immediately, we will inform you of the expected time and keep you informed of all enquiries.
We make every effort to protect the safety of users of our online ordering service. We make use of SSL (secure socket layer) technology to secure your data during all sales transactions with us. Any information you provide is fully encrypted so that third parties cannot read it. (For Netscape click on the ‘safety icon’ at the bottom of the taskbar and verify whether SSL2 and SSL3 are ticked. For Internet Explorer click on Image, Menu and Internet Options and click on 'Advanced'. Check there whether SSL2 and SSL3 are ticked. Your browser will confirm that you are working in a safe environment: an icon with a locked padlock or a picture of a key will appear on the taskbar at the bottom of your screen.
15. Contact details
Phone : +32 (0) 3 256 81 47
Address : Ocean Couture & Shark Couture, Hendrik Heymanplein 228, 9100 Sint-Niklaas (Belgium)
BE 0834 476 548
The content of this website and any other publications of Ocean Couture and Shark Couture are the property of or are licensed by Ocean Couture and Shark Couture or are used with the owner's permission. Reproduction is strictly prohibited without authorisation.
17. Right of withdrawal
You have the right to withdraw from the agreement within a period of 14 days. If a product that you have purchased in the EU differs from the description or does not work properly, the seller must repair or replace it free of charge, or return your money. This right of withdrawal expires after 14 days you or a third party appointed by you, other than the carrier, takes physical possession of the last batch or article.
In order to exercise the right of withdrawal, you must inform Ocean Couture and Shark Couture, via mail at email@example.com or firstname.lastname@example.org about your intention to withdraw from this agreement, through explicit declaration (e.g. through mail, fax or email).
In order to comply with the withdrawal term, please send the notice relative to your decision to exercise the right of withdrawal before the right of withdrawal period expires.
Effects of withdrawal
If you decide to withdraw from the agreement that was previously made, we will refund all the payments that you have made, excluding the initial shipment costs , without any undue delay and in any case no longer than 14 days after we were informed about your decision to withdraw from the agreement. We will make refunds by using the same payment method that was initially chosen for the transaction, unless explicitly agreed otherwise. In any case, you will not incur any cost, as consequence of said refund.
We have the right to wait to refund you until we have received all returned purchases, or until you have proven that you have shipped all purchases for withdrawal, according to which date occurs first. You have to return the goods or submit them without undue delays and in any case, within 14 days from the day you notified us your intention to withdraw from this agreement. The term is respected if you return the goods prior to the expiry of the 14-day term.
18. Alternative Dispute Resolution
By way of Alternative Dispute Resolution measure, the Federal Service de Médiation des Consommateurs has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via this link: http://www.mediationconsommateur.be//en. In case of cross border dispute, you can contact the “Online Dispute Resolution” platform of the European Union via this link: http://ec.europa.eu/odr .