TERMS & CONDITIONS FOR ONLINE PURCHASING AND WEBSITE USE
 
1. Applicability

These general conditions are applicable to :
a. The purchase of products on Fresh. website : www.freshonline.be
b. The use of any information, documents, graphics, movies, features, music and/or other services on the Website.

2. Ordering/Purchasing on our Website

2.1  Eligibility to order/purchase

In order to place an order on our Websites, you must :
1. be 16 years of age or older
2. be a consumer - not a reseller

2.2  How to order
You need an e-mail address to place an order, and you need to set your browser to accept both cookies and pop-ups in order to make full use of the Websites, which includes designing items, adding items to your shopping cart and checking out from our stores.

1. Find the products you want (and customize if applicable).
2. Add the products to your shopping cart.
3. Proceed to checkout
4. Login you/Create your account
5. Select delivery and billing options.
6. Review your order.
7. Submit your order.
8. Receive an online order confirmation.
You are bound by your order once you have clicked the “Submit order” button at the end of the ordering process. By clicking the “Submit order" button, you send your order to us as it is displayed in the final check out screen. Once we have received your order, an automated confirmation of receipt will be displayed on the Website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded. 

A copy of the automated order confirmation will be sent to your e-mail address. We strongly suggest that you print or download this copy for future reference.

We explicitly reserve the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation.

2.3  Our right to not accept your order or cancel your purchase.
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs :
* the product is not available / in stock (any payments will be refunded);
* your billing information is not correct or not verifiable;
* your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
* your bank transfer payment is not received within 12 calendar days after acceptance of your order;
* we have reason to believe you are under 16;
* we have reason to believe that you are a reseller;
* there was an error in the price quote;
* we could not deliver to the address provided by you.
* the product was sold in store the same day.
 

2.4 Data check
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud will be investigated and if necessary prosecuted. By submitting your order, you agree to this.

3. Price/Payment

3.1  Payment methods
You can find the available payment methods in the help section of the relevant Website. We do not accept any other method of payment than mentioned in the help section, as our system is not designed to process other payment methods. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

3.2  Payment processing
Payments can only be processed if the billing information can be verified.
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order for products leaves our store.

Note that if you pay by bank transfer, we will start delivery after we receive your payment. This may take several days. In the event no payment has been received within 12 calendar days after you submitted your order, your purchase will be cancelled

3.3 Retention of title
We retain title in the products until we have received full payment for all such products.

3.4  Prices and currency
The product prices displayed on the Websites are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the help section of the Website.

Prices are quoted in Euro with the exception of the UK, Sweden, Norway and Denmark where prices are quoted in local currency.
If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. If your local currency is different from the currency the prices are quoted in, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. Please note that changing the country of delivery may have an influence on the price due to change in currency or to country specific pricing.

3.5  Your total price
The total price specified in the final check out screen includes tax and shipping costs. The prices are quoted in the order confirmation of receipt of your order as well, which you can print or download for future reference.

If you are paying by credit/debit card, the total amount for your entire order will be reflected on your statement in your local currency. Please transfer only the exact amount specified on the order confirmation, and make individual transfers per order, using the unique reference number stated in your order confirmation.

3.6  Price changes
The product prices displayed on the Website may be subject to change. We reserve the right to change prices without notice. Subject to clause 3.7 below, the prices as displayed at the moment of purchase are the prices applicable to that purchase. 

3.7  Pricing errors
Please note that even though the Website are composed with care, it is possible that the pricing information on our Websites contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.


4. Order security

Fresh. has implemented secure socket layer (SSL) technology, one of the most robust encryption platforms available. Your payment information will be encrypted from the moment you enter it until your transaction is processed, and will not be saved on a public server. Although we use encrypted security software, the security of information and payments transmitted by the Internet or via e-mail can’t be guaranteed.

Fresh. shall not be liable for any damages suffered as a result of the use of electronic means of communication, including 4– but not limited to - damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.


5.  Shipping & Deliver

5.1  Delivery – where and when
We deliver products from Monday through Friday. We do not ship on certain public holidays. Please refer to the help section of the relevant Website for dates. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the help section of the relevant Website (search for ‘delivery location’).

5.2  Delivery timeline
>PICK-UP IN STORE: You can come to take your order the next day you pay it on the website. You must come with your printed invoice. If you have take order on friday, you must wait the next monday to put your product. If the product was sold in store in the week-end, we can refund you because the store is on priority.

>EXPRESS DELIVERY: 1-2 days delivery!*  If you choose Express Delivery, you submit your order on a working day before 12.00 hrs (noon) CET, and you pay by credit/debit card, your order will be delivered the next working day (weekend days and public holidays are not considered working days). If you pay by bank transfer, Express Delivery is less effective, since we only start delivery after receipt of your payment. This could take 5 to 7 days.

>STANDARD DELIVERY: 2-6 days.* If you choose Standard Delivery and you pay by credit/debit card, delivery will be within the lead time frame indicated below. Please note that if you pay by bank transfer, Standard Delivery only starts delivery after receipt of your payment. This could take 5 to 7 days.

* We try to deliver on time to the extent this is commercially reasonable. We usually make it, but we cannot guarantee timely delivery.

5.3  Split deliver
Where possible, we try to deliver in one go. We reserve the right to split the delivery of your order, for instance (but not limited to) if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at purchase. You will not be charged for any additional delivery costs.

5.4  Inspection upon deliver
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. We will refund the purchase price and all delivery costs as soon as the warehouse has handled your return. Please also note that you should inspect the products within a reasonable time 6after their receipt. You will be deemed to have accepted the products unless you have notified us within 30 days after receipt of the products that they are rejected.

6. Shipping rates

6.1 Shipping rates
Shipping rates are applied per order. The exact shipping rates depend on the country of delivery. For details on shipping rates per country see the help section of the relevant Website.

6.2 Free shipping
If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE ‘standard delivery’, or the option of discounted ‘express delivery’. See the help section of the relevant Website for threshold amounts and their corresponding discounted delivery rates.

7. Returns and Cancellations

7.1  Cancelling order before delivery
You may cancel any order for non-customized products free of charge and without giving us any reason, provided it has not yet been shipped. If you have submitted an order and wish to cancel, please check the status of your order first by visiting the "Order status" link at the top right of the relevant Website. If the status of your order is "Pending" or "On Hold" we might still be able to cancel your order so contact our call centre (see help section of relevant website) to request an order cancellation. Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation was not possible, the products will be delivered to you, which you will need to refuse upon receipt. The products will be returned to us and your money will be refunded. 

7.2 Returning products after delivery - defective
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 1 month after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded.

7.3  Returning products after delivery – for whatever reason
You can't return products with no reason other than defective or no conformity product. A voucher is possible if you got a size or type problem.

7.4 Product exchange
Product exchanges are possible, if your size is not good or if we make an error with the order.
If you got a size problem, the cost to sending back to you the package is at your own charge.

7.5  Returning gift
At the moment, we cannot offer a product return to the person who has received it as a gift. In order to return the product, please contact the person who purchased the product for you and ask them to follow the procedure for returning orders as stated in returning orders after delivery.

7.6  Refund information
In the event you return goods because they are defective or otherwise not in conformity with your order, we will pay for the ship-to and return-shipping costs. In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment. In practice, when returning, you will use our logistics provider. As the costs incurred by us for these return shipments are equal to the costs of sending the goods to you, we will not refund the costs you originally paid for delivery.  

Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give your bank details to Customer Service when you initiate the return so that we can refund the money directly to your account. You will receive your refund after the product has been returned and processed. For practical information on how to return and for refund timelines, see the help section of the Website. Please read the help section information and follow the directions carefully in order to prevent unnecessary delay.
Specific note on Domestic Maestro payments: if you paid with Domestic Maestro and did not fill in the ‘issue number’ or ‘start date’ field during checkout, we will not be able to process your return and/or grant you a refund.

8. Conditions applicable to Pre-Ordered products

Pre-Order is the process by which you are able to order products in advance of the scheduled retail launch. Due to the nature of pre-ordering, the following specific conditions apply to Pre-Ordered products :

• Delivery. Pre-Ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment timely.  Concrete delivery times depend on the moment the product is available in our warehouse. Standard Delivery timelines (2 to 6 days) will apply from the moment the Pre Ordered product is available in our warehouse.  This information is best estimates only, timelines are not binding.    
• Payment. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.
• Separate shipping. Pre-Ordered products are shipped separately. They will not be shipped with regular product you may have ordered. Unfortunately, due to technical limitations from our side, the pre orders will show in your “goods shipped” confirmation e-mail and in your order status online. This is incorrect. Please disregard this information. You will receive a separate shipping confirmation once the product is shipped.  
• Product launch date. The scheduled retail launch date (product launch) for your PreOrder product can be found in the product description page on the relevant Website.
 
9. Conditions applicable to promotion codes (discounts)

When used according to its terms, a promotion code entitles the user to a one-time promotion/discount relating to the purchase of an individual products or to an order of more than one product during the period indicated with the relevant promotion code.

Promotion codes are personal and non-transferable and can be used only in direct connection with online purchasing on the Websites. You cannot sell, barter or give away a promotion code. You cannot upload or make available a promotion code on any website or through any other public offer, give away, sale or barter. You cannot use promotion codes for commercial purposes.  

The promotion code is connected with the Nike brand. You cannot use the promotion code in connection with any other brand, company or name or use the promotion code in any unlawful, improper or disrespectful manner or in any other way that may harm Fresh.’s reputation.  

Only one promotion code can be used per product and per order. Promotion codes cannot be combined with any other special offer or promotion.

Promotion codes are not exchangeable for money.

Fresh. does not have any obligation to re-issue or refund promotion codes. However, should Fresh. decide to re-issue or refund a promotion code, it needs your promotion code to do so. So please retain a copy of your promotion code, otherwise it will not be reissued or replaced in the event of loss.

Without prejudice to any other rights Fresh. may have, Fresh. is entitled to immediately invalidate a promotion code in the event Fresh. has reason to suspect that a promotion code is used in violation of the above or otherwise misused or in the event Fresh. has other reasons to do so.

10.  Availability
Fulfillment of all orders on the Websites is subject to availability. We try to ensure that all items offered for sale are in stock. However we reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock. In such event we will inform you by e-mail and any payments will be refunded.

11.  Offer Validity

The offers on the Website are valid only the moment that they are displayed on the website, unless a specific term is communicated on the website. We are not bound by any offer in the event of spelling, pricing or other errors or mistakes in the Website information. We reserve the right to cancel any purchase concluded in the event of such error.
 
12. Liability

Fresh. shall only be liable for damages suffered by you in the event such damages result from attributable breach by Fresh. of its contractual obligations towards you, or in the event Nike's liability follows from applicable statutory law. .

In the event you have suffered damages in relation to our activities on the website, our liability will be limited to
a. damage to the Fresh. products or to other materials;
b. reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
c. reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).

The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.

We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.

We are not liable for damages as a result of incorrect information on the Websites. 

In the event you suffer damage as a result of our gross negligence or willful misconduct, none of the limitations in this article apply.
 
13. Applicable Law

These general conditions and all disputes arising in connection with these general conditions, including the validity there of, or with the use of the Website or with any purchases on the Website shall be governed by Belgian law.

14. info on the Website

Even though Fresh. has composed the Websites with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. Fresh. shall not be not liable for any damages resulting from the use of (or inability to use) the Websites, including damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such damage is the result of any willful misconduct or from negligence on the part of Fresh.

15. Trademarks and copyright on the Website
All brand names, product names and titles used on the website are trademarks or trade names of Fresh. or third party trade mark or trade name holders. You are not allowed to use of reproduce any such trade marks or trade names as this may constitute an infringement of the holders' rights. All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are the copyright of Fresh. or its suppliers. You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication. Should you wish to use materials or information from this Website, you need to obtain Fresh.’s prior written consent.