General Terms & Conditions

  1. IN GENERAL

 

Please read these Terms and Conditions B2C carefully before placing an order. By ordering a Product on this website https://historyofmyworld.com, you agree to be bound by these Terms and Conditions B2C. If you do not agree to all these Terms and Conditions you cannot use any of our services. Consequently you cannot place any order. If these Terms of Service are considered to be an offer, acceptance is expressly limited to these Terms and Conditions B2C.

 

  1. OUR IDENTITY

 

This website is operated by the B.V. ZIGGY, a company incorporated and existing under the laws of Belgium, with its registered office in Belgium, at 2000 Antwerp, Eikenstraat 11, registered in the crossroads bank for enterprises under number 0759.644.315 (hereinafter: ZIGGY).

 

Our contact details are the following:

 

            B.V. ZIGGY

            Eikenstraat 11, box 1

            2000 Antwerp,

            Belgium

VAT: BE0759.644.315

IBAN: BE33 0689 3969 9146

BIC: GKCCBEBB

            INFO@HISTORYOFMYWORLD.COM

            telephone number: +32 3 233 11 23

 

We are offering and selling clothes, accessories and other goods under the brands ‘RAF SIMONS’ and ‘RAF SIMONS ARCHIVE REDUX’ (hereinafter: Products).

 

  1. SCOPE OF APPLICATION

 

Internet users wishing to buy our Products are referred to in these ‘Terms and Conditions B2C’ as ‘Customer’.

 

These Terms and Conditions B2C apply to all purchases of our Products via this website to the exclusion of any other terms and conditions. Despite the foregoing, these Terms and Conditions B2C do not affect any legal rights that are compulsory granted to you by European consumer protection legislation.

 

In order to be allowed to place any order, you need to be at least 18 years of age. If you are under 18 years old, please let your parents or your legal guardian order the Product for you. If we notice that an order was placed by a minor, we are entitled to refuse the order.

 

You must possess a valid credit card, debit card or paypal account to order Products. By placing an order, you are promising that all details you provide are true and accurate, that you are an authorised user of the credit card, debit card or paypal account used to place your order and that there are sufficient funds in the account to cover the cost of your order.

 

If you place an order online, we will provide you with a copy of the present Terms and Conditions B2C in a format you can save and print.

These terms and Conditions B2C may be updated, changed or replaced from time to time. However, the version of application at the time your order was placed, will continue to apply.  It is your responsibility to check these Terms and Conditions B2C periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

  1. OUR OFFER AND YOUR ORDER

 

The Products we are selling are described at all times as fully and accurately as possible to the extent permitted by technical means. The description of the Products we are selling is certainly sufficiently detailed to give you a good idea of what you are purchasing. The photos used are as much as possible true and faithful depictions of our Products. However, certain non-substantial characteristics of a Product may on delivery differ from the photos displayed on our website. Also colours may vary slightly, depending on the lighting and settings of your device screen.

 

Please keep in mind that the photos may contain elements that are not included in the Product that is described such as for instance a belt, shoes or a bag.

 

All descriptions of the Products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue offering any Product at any time.

 

Further we cannot guarantee that our Products are available at all times. Our offer is only valid as long as the Product is in stock. However, if you order a Product that is out of stock, we will inform you as soon as possible by email and your order will be cancelled automatically. Consequently the paid amount will be refunded within (5) five working days. We are not liable for the temporary or permanent unavailability of a Product on our website and/or for any damage that would result from the unavailability of a certain Product.

 

Please keep in mind that we are entitled to apply specific conditions to a certain offer such as for example a limited period of validity. Specific conditions only apply if they are communicated explicitly and prior to the order.

 

We cannot be held liable for any(printing) errors in our prices or conditions.

 

To place an order, the Customer goes to the heading of his choice, chooses the colour and size he wishes to receive and then clicks on ‘Add to shopping bag’. The selected Product will be placed in your shopping bag. You can correct your order as long as the Product is in your shopping bag. If you wish to confirm your order, you must select a delivery and payment method. The total amount that must be paid, except for import duties and taxes (see article 5), is stated clearly throughout the whole billing process.

 

You agree to provide up-to-date, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit or debit card numbers and expiration dates as well as your paypal account, so that we can complete your transactions and contact whenever this is necessary.

 

Customers must always place their orders from the country in which they are resident/want the Products to have delivered. It is not possible to place orders in one country to have it delivered in another one.

 

By placing your order on our website, you accept our offer. Such purchase order is a legally binding agreement. A confirmation of your order will be sent at the latest within (2) two working days to the email address you have provided. A second email will be sent when your order is dispatched.

If an order is clearly affected by any mistake or error, i.e. a manifest or obvious mistake or error, we are not bound by such offer. We will inform you about such mistake or error by sending an email to the email address you have provided at the latest within (2) two working days after you have placed your order and give you the option of reconfirming the order at the correct price or cancelling it. If you choose to cancel your order and you have already paid for the Product, the paid amount will be refunded within (5) five working days. If we are unable to contact the Customer the order will be cancelled automatically.

 

ZIGGY reserves the right to refuse any order from a Customer with whom it is in dispute or who brought a dispute in the past. An order can also be refused by ZIGGY should the Customer not have paid for a previous order, in whole or in part.

 

ZIGGY also reserves the right to limit the quantities of any offered Product purchased per person, per household or per order. We are entitled, at our sole discretion, to limit or cancel quantities. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Consequently we also reserve the right to limit or even to prohibit orders that, in the sole judgment of ZIGGY, appear to be placed by dealers, resellers or distributors. The Products sold on our website are sold for private purposes only.

 

The Customer acknowledges that, in accordance with the Belgian Code of Economic Law, electronic forms of communication create a valid Agreement. We are entitled to use all electronic files at our disposal in order to prove the existence of an Agreement. An ordinary – digital or electronically – qualified signature is not an essential requirement of proof.

 

  1. OUR PRICES

 

All prices of our Products that are mentioned on our website are those that apply at the time the Customer places his order. Prices may also vary from country to country, depending on different VAT rules. The prices that apply to the Customer are those aimed at the country from which the Customer places his order.

 

The prices mentioned are always expressed in euros and include always administrative and packaging costs.

 

Depending on your delivery address different taxation rules and additional charges may apply. Please keep in mind that you may have to pay import duties and taxes upon receipt of the Product(s). We will notify you during the checkout process if you will have to pay import duties and/or taxes upon receipt of the Product(s). We have not any control over these charges and we cannot advise on their amount. You will be responsible yourself for payment of such import duties and taxes. Please contact your local customs office for further information and a ‘landed cost estimate’ before confirming and placing your order. If an item is returned, you will be responsible for reclaiming these import duties and taxes directly from your local customs office.

 

The prices on our website do not include transport costs which will be charged in addition and which costs will be clearly displayed at checkout before you place your order and are included in the ‘Total cost’ amount shown on the order summary page. These transport or delivery costs will vary depending on the Product(s) you have ordered and your delivery address

 

Any discount granted to the Customer, will be deducted separately from the price during the checkout process.

 

ZIGGY reserves the right to vary selling prices and transport costs at any time, although the price and costs to be paid by the Customer, will always be the ones mentioned at the time you are placing your order.

 

  1. PAYMENT METHODS

 

Purchases can only be paid for online. For the payment of our Products we accept Maestro, Visa, MasterCard, American Express, Paypal. The Customer’s bank account will be debited once the purchase has been confirmed. Payment will not take effect until such time as the Customer’s bank has given its consent to ZIGGY. In case the Customer’s bank refuses payment, the order will be refused automatically.

 

ZIGGY takes all reasonable measures to ensure the security of your online transactions. Security is provided by us by using specialized parties such as authorized credit card issuers and payment partners.

 

All our delivery obligations are suspended until receipt of full payment of all amounts owed by you, including amounts due for past orders. Ownership of all ordered products will be retained by us until full payment of all amounts due, regardless whether or not delivery has already taken place.

 

  1. DELIVERY

 

Every order is processed as soon as possible. All reasonable efforts are made to have delivered your order within (7) seven working days. However, delivery times may vary depending on your delivery address as well as on the time of year your order is placed. The estimated delivery date of the Products will be stated in your order confirmation email.

 

It is exclusively your responsibility to enable delivery to the specified place of delivery while placing your order, i.e. in your own presence or in the presence of a third party designated by you. If no one is available to sign for your order, our delivery partner will leave you a note and you will need to contact him to rearrange delivery.

 

With regards to international deliveries it may happen that there are restrictions on some Products for certain international destinations, so please review the information before placing an order.

 

If you purchase Products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see also article 5 above for more information on import duties and taxes. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you breach any such laws.

 

ZIGGY reserves the right to split orders into more deliveries at no extra cost, as Products are available. Each delivery will be notified by e-mail.

 

Should a delivery go missing during the delivery process, and the provisions of this article are complied with, ZIGGY will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs. The risks of loss and/or damage are transferred to the Customer upon delivery of the Product.  

 

In certain circumstances our delivery partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; b) leave with neighbor, reception or security, i.e. re-directing the delivery to a neighbor or re-directing the delivery to a reception or security; c) reschedule a new delivery date, i.e. selecting a delivery date that best suits you; and/or d) re-directing to a collection point, i.e. collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that ZIGGY shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.

 

  1. RETURNS AND REFUNDS

 a) Return Policy

If you are not completely satisfied with your goods we will gladly offer you a refund.

All returns should be sent back to us in their original branded packaging provided. Please ensure when returning the parcel that the RAF SIMONS box is re-packed in a shipping box – the same way you received your parcel from us. Please include your packing slip in your return shipment. You have 14 days from receipt of order to inform us about your decision to withdraw from the contract without giving any reason. The item(s) should be returned unworn and in perfect condition, with all RAF SIMONS garment tags still attached, without undue delay and in any event not later than 14 days from the day on which you have communicated to us your decision to withdraw from the contract. Returns that are damaged, soiled or returned without their original labels will not be accepted and will be sent back to the Customer. Items returned after the 14 days’ term will not be accepted either, and will be sent back to the Customer. Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately by email at customercare@historyofmyworld.com. If your item is faulty (i.e. received damaged or with a manufacturing fault), we can offer an exchange if the item is still in stock.

 b) Refund Policy

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. We will accept Items not worn, used or damaged and in its original packaging for a full refund as set out above. The cost of your return shipment will be deducted from your refund. In the overview below you can retrieve the shipping costs per area. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, without undue delay and in any event not later than 14 days from the day on which your return will have been received by us. The refund concerns all payments received, including if applicable the costs of delivery. However we will not be required to reimburse the supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us. In any event, you will not incur any fees as a result of such reimbursement.

The cost for a return shipment will be deducted from your refund.
Europe: € 15
Rest of the world: € 35

 c) Late or missing refunds

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us by email at customercare@historyofmyworld.com.

 d) Personalised items

You cannot return items made to your specifications or clearly personalised.

 e) Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at customercare@historyofmyworld.com.

 f) Shipping

To return your Product, you should mail it to: BV ZIGGY, Eikenstraat 11, 2000 Antwerp, Belgium. This address has already been filled out on the DHL Express return label enclosed in your shipment. In case you did not receive a return label, please contact us at our customer service (see below for the details).

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

 g) Customer Service

Our main concern is to keep our customers satisfied. Therefore our customer service can be reached in the following ways: by telephone on the number: +32 3 233 11 23 and by email at customercare@historyofmyworld.com. All your questions, complaints or comments about our Products, the ordering process, the delivery of your Products or the use of our webshop can be directed to our customer service.

 

  1. CONFORMITY AND LEGAL GUARANTEE

 

ZIGGY warrants that the Products offered for sale do not suffer from any visible or latent defects. If Products are missing or wrong Products are delivered, the Customer shall contact ZIGGY upon receipt of the delivery. Within (5) five working days, the missing Products will be delivered and the wrong ones will be replaced after receipt of these wrong ones. In case of unavailability of the ordered Products, a refund of the already paid amount will take place within (5) five working days.

Towards Customers of the EU, the UK, Norway, Iceland and Liechtenstein we are liable for  non-conformity defects existing on delivery and that are likely to occur over a period of (2) two years. Such nonconformity of delivered Products with the purchase agreement which become apparent within (2) two years of delivery, must be reported in writing to us no later than (2) two months after the Customer has established the nonconformity. If a defect occurs within (6) six months of delivery then, until evidence to the contrary to be delivered by ZIGGY, the presumption that this defect existed at the time of delivery shall apply. If on the contrary a defect only occurs after (6) six months, the Customer has to prove that ZIGGY is liable for the defect. Upon receipt of a timely notification of a complaint, the Products will be repaired or replaced, as the case may be, within (20) twenty working days, completely free of charge. To avoid any misunderstanding: intentionally caused defects, defects caused by wrong care procedures, defects caused by incorrect use or misuse, or defects due to normal wear and tear will never give rise to any repair or replacement.

This period of (2) two years will be suspended for as long as it takes to repair or to replace the Product or should the Customer and ZIGGY be involved in negotiations with a view to settle the matter in an amicable way.

ZIGGY will always endeavor to do whatever is necessary as soon as possible. In case i) a repair or replacement is not possible or if ii) a repair or replacement is not possible within a reasonable period of time or without causing inconvenience to the Customer, the Customer has the right to claim an appropriate price reduction or, in the event of a significant nonconformity, to terminate the purchase agreement. In both of the aforementioned cases, the price reduction takes into account the enjoyment the Customer has already obtained from the Product.

 

Any loss suffered by the Customer during the warranty period does not give the Customer the right to claim compensation from us, except in the event of fraud, deceit, willful error or gross negligence.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

All our Products are protected by Intellectual Property rights and which intellectual property rights remain the exclusive property of ZIGGY or of the actual entitled party. Therefore it is forbitten to copy our Products, neither in whole or only in part. The same applies to all elements of our website, including photos, the data, the layout and graphic design of all web pages, as well as video and music. Nothing may be copied, published, imitated or used from these elements either without ZIGGY’s prior written consent, unless ZIGGY itself has made it possible to share certain elements via social networks, in which case consent will be limited to those elements and social networks for which ZIGGY hasn’t made it possible to share them.

 

  1. FORCE MAJEURE

 

In an event of force majeure occurs, performance of ZIGGY’s obligations shall be suspended for the duration of the delay caused by the event of force majeure and the period of performance shall be automatically extended, without any penalty, for an equal period. ZIGGY will make all reasonable efforts to limit the consequences of the force majeure situation. In the event that the force majeure situation lasts longer than (2) two months, each Party shall be entitled to terminate the purchase agreement by giving written notice to the other Party, without the Parties owing each other any compensation, except for the refund of the Product that was paid by you and was not delivered.

 

Force majeure means any unforeseen event which is beyond the reasonable control of ZIGGY and which prevents or delays the performance of ZIGGY’s obligations, in whole or in part. The term ‘Force majeure’ includes, but is not limited to war, fire, riots, earthquakes, hurricanes, lightning, explosions, energy blackouts, disruptions in (telecommunication) networks or connections or the communications systems used and/or the fact that our website is unavailable at any time, terrorist attacks, unexpected legislation, lockouts, slowdowns, lock downs and strikes.

 

 

  1. MISCELLANEOUS PROVISIONS

 

If one or more provisions of these Terms and Conditions is invalid, the remaining provisions will remain in full force. In that case, the invalid cause will be replaced by a legally valid provision that approximates as closely as possible the purpose and intent of the invalid provision.

 

ZIGGY’s failure to insist upon strict compliance with any provision of these Terms and Conditions or the failure to assert any right ZIGGY may have under these Terms and Conditions shall not be deemed to be a waiver of such provision or right or any other provision or right of these Terms and Conditions.

 

  1. APPLICABLE LAW AND JURISDICTION

 

Every purchase agreement is governed by Belgian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, to the extent permitted by law. Any dispute in connection with the interpretation or performance of the purchase agreement and these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Antwerp, unless another court has mandatory jurisdiction.