The Customer is expected to accept the Goods as soon as they are offered at the delivery address. We are forced to charge any additional delivery costs or damage suffered by Best Mannequins due to an unjustified refusal of an ordered product (or part thereof), including storage costs, to the Customer.

The shipments we organize are at our risk of loss and are covered by a CMR insurance. You don't have to worry about Goods being lost during transport.

We explicitly ask the Customer to immediately check upon receipt of the Goods whether the delivered Goods match the packing slip and if there is no visible damage. If everything looks fine, we recommend that you still sign with the note “subject to inspection.” Only with this clause will the carrier be willing to open an insurance file in case of non-visible damage.

If the packaging is visibly damaged, it is important to always note this when signing, e.g., box dented, torn + subject to further inspection. In this case, we recommend that you first open the box and inspect the contents before signing. In case of serious damage, it is better to refuse the package immediately.

We also emphasize that in case of damage, you should keep the packaging well and take the following clear photos:

• condition in which the box arrived, even if no damage is visible
• photo of the shipping label attached to the packaging
• photo of the box print with item reference, etc.
• photos during unpacking of the damaged product parts
• clear photos detailing the damage and clarifying where the damage is located, e.g., on the leg of the mannequin or on the back

In case of damage, please inform us within 3 working days by email at [email protected]. Please include clear photos immediately. After all, we must be able to file a dossier with our logistics partner within 5 working days if we want to claim the CMR insurance. In the absence of this, the Customer is deemed to have approved the contents of the shipment, and no complaint file can be opened with the insurance. In this case, we reserve the right not to intervene. 

8.4 NO ONE PRESENT AT DELIVERY

If no one is present at the specified delivery address at the time of delivery, your package will first be offered to one of the neighbors or delivered to a parcel shop if it concerns a parcel shipment. A note will be left in the mailbox or you will receive an email from the carrier with the necessary information. This allows you to schedule a new delivery or change the delivery address. Please note that a second delivery attempt is often not free and can take place at the earliest on the next working day.

If the order is refused by the Customer upon delivery by Best Mannequins or its appointed carrier without a valid reason, Best Mannequins is entitled, at its discretion, to act as if the agreement has been canceled by the Customer or to demand fulfillment of the agreement and to charge any additional costs (second delivery, storage costs).

8.5 SOME RULES

When you as a Customer place an order and choose to pick up your order at our warehouses, you are expected to collect it within a period of 2 weeks unless otherwise agreed in writing. This period starts from the moment all ordered Goods are ready in our warehouse. We will send you an email once your order is complete and ready for pickup.

When you as a Customer place an order and choose to have your order delivered, we expect payment before the order is shipped unless otherwise agreed in writing. Your order will be reserved for you for 1 week while awaiting payment. This period starts on the date you received an order confirmation. We will also send you an email once your order is complete and ready for shipment.

If you do not collect your order or do not pay within the specified period, Best Mannequins is entitled, at its discretion, to act as if the agreement has been canceled by the Customer or to demand compliance with the agreement and charge any additional costs.

Article 9 Retention of title

The delivered Goods remain the exclusive property of Best Mannequins until full payment of the invoices. However, the risk of loss or damage passes to the Customer upon delivery. The Customer undertakes to inform third parties about Best Mannequins' retention of title if necessary, for example, anyone who might seize the Goods that have not yet been fully paid for.

Article 10 Right of withdrawal – return

At Best Mannequins, we strive for 100% customer satisfaction. Not completely satisfied with a purchased product? Then we would like to hear from you as soon as possible so that we can find a suitable solution together. We do everything we can to handle your complaint within 2 working days.

10.1 BUSINESS CUSTOMERS

Returning a product within 3 working days after receipt is often not a problem provided it is reported in time to our customer service and all return conditions are met. You must notify us in writing within 3 working days after receipt of the product that does not meet your expectations, clarifying the problem. See further under 10.5 "PROCEDURE TO FOLLOW".

10.2 CONSUMERS

If you place an order online at www.bestmannequins.be as a consumer, the European right of withdrawal applies, and you can exchange or return ordered items within fourteen calendar days after receipt of the product without penalty and without giving a reason. The period starts on the day after the delivery of the Goods. Mentioning the reason for return is not mandatory but can be useful for us to improve our service and offer. How you can help us with this is further described under 10.5 "PROCEDURE TO FOLLOW". The shipping costs for returning are always borne by the customer.

10.3 RETURN CONDITIONS

An item is only accepted for return if it meets all our return conditions. Any deviation from this may result in a refusal of the return:

• The Goods must be complete (including all accessories).
• Goods must be undamaged, unused, and in the original (undamaged) packaging. Goods may only be viewed as would be done in a physical store. If you install or use the Goods, it means that you accept the Goods.
• Once you have received your return document, you have 5 working days to send us your return.

10.4 EXCEPTIONS

Goods specifically ordered for the Customer or custom-made for the Customer, e.g., atelier mannequins, Goods with a specific non-standard color or logo, cannot be returned.

10.5 PROCEDURE TO FLLOW

To inform us that Goods are damaged or do not fully meet your expectations and you wish to exchange or return them, we request that you send an email to [email protected] within 3 working days of receipt. Always include your customer number, invoice number, the item reference, and if possible, the reason/description of the problem.

In case of damage, please immediately include the following photos

• Condition in which the box arrived, even if no damage is visible
• Photo of the shipping label attached to the packaging
• Photos of the damaged parts of the Goods as you found them, e.g., during unpacking
• Clear photos detailing the damage and showing where the damage is located, e.g., on the leg of the mannequin or on the back

We will contact you as soon as possible, normally within 2 working days, and provide you with the best possible solution. If the Goods need to be returned, you will receive a return document via email that should be included with the shipment. This allows for quicker processing when the return arrives at our warehouse.

Goods must be returned at the expense and risk of the Customer to the following return address: Best Mannequins bv, Splenterbeekstraat 2, B-8710 Wielsbeke (Belgium)

If Goods are lost and/or damaged during the return shipment, this is the responsibility of the Customer, and Best Mannequins cannot be held liable.

If you are returning Goods from outside the European Union, please always use an official courier service (e.g., UPS, TNT, DHL,…) that also handles customs formalities.

When the return shipment arrives at our warehouse, we will check as soon as possible whether the Goods meet the return conditions and inform you of our decision by email. If the Goods meet the return conditions, we will refund the full value of the product.

If the returned Goods do not meet the return conditions, these Goods will remain the property of the customer, who is expected to collect them within 2 weeks. At the customer's request, we can return these Goods via a transport company at the customer's expense. If the rejected Goods are still in our warehouses after 2 weeks, you will be informed by email that these Goods will be destroyed.

Article 11 Default in payment

In case of non-payment of the entire invoice or a part thereof, the outstanding amount shall be increased by operation of law and without any notice of default being required, with an annual interest rate of 12% and a flat-rate compensation of 10%, with a minimum of 20 EUR. This compensation is due to reimburse Best Mannequins for all its extrajudicial costs, time loss, and administrative expenses.

Any non-payment entails the immediate enforceability of all outstanding invoices and gives Best Mannequins the right, after notice of default, to either suspend any future deliveries or dissolve the agreement, without prejudice to the right to compensation.

If Best Mannequins must call upon a lawyer for the collection of invoices or in connection with any other dispute, it is agreed that the fees and expenses of this lawyer will be borne by the party found to be at fault.

Article 12 Conformity and warranty

Best Mannequins ensures that the Goods and/or services comply with the agreement, the specifications mentioned in the quotation, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of conclusion of the agreement.

All our Goods come with a standard 12-month warranty for hidden defects, except consumables. Warranty for visible defects is excluded from acceptance of the Goods, namely 3 working days after receipt of the goods. The warranty is limited to repair or replacement with equivalent Goods.

During the warranty period:
If a complaint is justified, all costs for exchanging or repairing Goods are borne by Best Mannequins.

Outside the warranty period:
For repairs falling outside the warranty period, charges will apply. We will inform you of these charges in advance.

Justified complaint:
The complaint is justified if it is not caused by:

• deliberate damage or negligence.
• normal wear and tear and/or damage due to failure to (properly) observe the instructions for use.
  

Article 13 Complaints procedure and disputes

We always hope that all our customers are 100% satisfied. If you have complaints about our services, we would like to hear about it so we can work together on a suitable solution.

Complaints regarding non-conformity or visible damage detected upon delivery must be reported to us in writing within 3 working days after receipt of the Goods. Read more about this under Article 8 Delivery. After this period, the Goods are deemed to have been approved. Packaging materials must be retained for any inspection or return of the Goods.

All agreements we enter into with our customers, regardless of their place of residence, are exclusively subject to Belgian law, and in the event of disputes, only Belgian courts have jurisdiction. The Vienna Sales Convention is expressly excluded.

Article 14 Intellectual Property

Our website, logos, texts, photos, names, and in general all our communication are protected by intellectual property rights, which belong either to us, our suppliers, or other rights holders.

It is prohibited to use and/or modify the intellectual property rights as described in this article. For example, drawings, photos, texts, logos, etc. may not be copied or reproduced without our prior and express written permission.
All intellectual property rights arising from or related to the Goods are the exclusive property of Best Mannequins, even if it concerns Goods developed at the specific request of the Customer.

Best Mannequins has not verified the possible existence of intellectual property rights of third parties that could be infringed as a result of the sale and/or delivery of the Goods. Consequently, Best Mannequins cannot be held liable for any possible infringement of the intellectual property rights of third parties resulting from the sale and/or delivery of the Goods.

The sale of Goods does not imply a license under any intellectual property rights relating to the compositions and/or applications of the Goods. The Customer expressly accepts all risks of any infringement of intellectual property rights resulting from the purchase and/or use of the Goods.

Article 15 Confidentiality

Both parties shall treat all confidential information received from the other party in connection with the agreement as confidential and shall not disclose it to any third party without the other party’s prior written consent, unless such disclosure is required by law or by a court of competent jurisdiction.

Article 16 Transfer

The Customer may not transfer any of its rights or obligations under the agreement without the prior written consent of Best Mannequins.

Best Mannequins is entitled to transfer its rights and obligations to third parties without the Customer’s consent.

Article 17 Waiver of rights

 Best Mannequins' failure or delay in enforcing any provision of the Agreement shall not be construed as a waiver of Best Mannequins' right to act or enforce such provision.

The waiver of right by Best Mannequins in a specific case shall not constitute a waiver with respect to other cases. 

Article 18 Invalid provision

If any provision of these general terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intention of the original provision.

Article 19 Force majeure

In case of force majeure, Best Mannequins is not bound to fulfill its obligations. In that case, Best Mannequins can either suspend its obligations for the duration of the force majeure or permanently dissolve the contract. 

Force majeure is any circumstance beyond our will and control that prevents the fulfillment of all or part of our obligations. This includes strikes, fires, business disturbances, energy failures, disturbances in a (telecommunication) network or connection or communication systems used and/or the unavailability of our website at any time, non or non-timely delivery of suppliers or other third parties engaged.