PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THE SERVICES DESCRIBED BELOW IMPLIES YOUR PRIOR, EXPRESS AND COMPLETE ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
IF YOU DO NOT AGREE TO THESE SPECIFIC TERMS AND CONDITIONS, DO NOT USE THE SERVICES/WEBSITE.
Article 1. Definitions
1.1 General Terms and Conditions: These general terms and conditions.
1.2 Special Conditions: Specific conditions that describe the Agreement between the Customer and The Lifestyle Company and that take precedence over the General Terms and Conditions
1.3 Goods: All goods offered for sale and delivered by The Lifestyle Company under an Agreement.
1.4 Customer: The (prospective) contracting party, acting as a natural person for purposes outside their professional activity, to whom an Offer is made and/or with whom an Agreement is made.
1.5 Deluge: The trade name of The Lifestyle Company BV, with registered office at 3000 Leuven, Naamsestraat 37 en registered in the crossroad bank for enterprises under the number 0800.578.414.
1.6 Website : delugeofficial.com
Article 2. General
2.1 These General Terms and Conditions apply to all purchases or orders made through this website and, more generally, to all agreements made between The Lifestyle Company and the Customer. General terms and conditions of website users or third parties do not apply.
2.2 If the Order is placed through this Website, these General Terms and Conditions will be made available to the Customer electronically, enabling easy storage on a durable data carrier. By placing an Order, the Customer acknowledges that they have read, understood, and unconditionally accepted the General Terms and Conditions and the Privacy Notice.
2.3 Other conditions apply to the (offer for) sale of Products to (potential) buyers who do not qualify as consumers. These conditions can be requested via hello@delugeofficial.com. We reserve the right to update, modify, or replace any part of these terms by posting updates and/or changes on our website.
2.4 Changes to these general terms and conditions or changes to an agreement involving The Lifestyle Company are only enforceable after written confirmation from The Lifestyle Company. Such changes may affect delivery times. Modifications to the Goods subject to an agreement may also lead to adjusted prices..
2.5 If any provision of these General Terms and Conditions is deemed void, the remaining provisions will continue to be fully enforceable.
Article 3. Agreement
3.1 All products, offers, prices, fees, and delivery times are accurately described on the website. The descriptions are detailed to enable consumers to properly evaluate the offer. Images are a true representation of the products offered. The Lifestyle Company is not bound by any obvious mistakes or errors in the listings.
3.2 The sale of Goods by The Lifestyle Company is restricted to the geographical area within which it operates. The Lifestyle Company reserves the right to modify this geographical area at any time.
3.3 The formation and execution of agreements are subject to the availability of Goods. Temporary stock shortages and the consequences thereof will not, under any circumstances, entitle Customer to compensation. For Orders (excluding Pre-Orders as per Article 3.11) involving Goods that are out of stock for any reason, The Lifestyle Company will make reasonable efforts to restock the Goods.. The Customer will be informed of the (temporary) unavailability of the Good by email no later than seven (7) days after placing the Order. The Customer may choose to wait or the Goods to become available or cancel the Order without any additional charges. If the Customer opts to wait, the Goods will be shipped as soon as they become available. If restocking is not possible or the Customer chooses to cancel, The Lifestyle Company will refund the Customer the amount paid within thirty (30) days after the Customer’s decision to cancel.
3.4 The Lifestyle Company reserves the right to modify its range of Goods at any time.
3.5 An Agreement is only formed when an Order is confirmed by an order confirmation from The Lifestyle Company.
3.6 The Lifestyle Company reserves the right to refuse an order at its sole discretion and without explanation. Orders may be rejected in cases such as refusal of payment validation by the payment service provider, or in cases of fraud, misuse, or reasonable suspicion of such actions. In these instances, the Order will not be accepted, and no Agreement will exist.
3.7 The order process proceeds as follows: The Customer adds the desired Goods to the shopping cart on the Website, enters the required contact and payment information, and selects the preferred delivery method. On a subsequent overview page, all relevant Order details, including links to the General Terms and Conditions and the Privacy Notice, are provided. The Customer must read and accept these General Terms and Conditions and the Privacy Notice, before completing the Order through the payment process. The Order is final once these steps are completed and the payment is accepted. The Lifestyle Company will send an Order confirmation to the Customer’s designated email address.
3.8 The Customer guarantees that the information provided is accurate and complete.
3.9 The Lifestyle Company will take all reasonable measures to execute the Agreement diligently and in accordance with the terms agreed upon with the customer.
3.10 Material or obvious (writing) errors on the website and/or in the confirmation email are not binding.
3.11 The Lifestyle Company may offer (new) Goods that are not yet in stock (hereinafter “Pre-Order”). For Pre-Orders, the availability date will be displayed on the relevant Product page. The Lifestyle Company shall execute orders with urgency and deliver them no later than thirty days after the communicated date of availability. The Customer will follow the same ordering steps outlined in Article 3.7 when placing a Pre-Order.
3.12 Certain benefits or special services related to The Lifestyle Company’s Goods are only available to customers with a registered account on the Website. However, an account is not required to place an Order or Pre-Order.
3.13 The Customer is solely responsible for using the account in their own name and may not share it with others. The Customer is jointly responsible for the security and confidentiality of the information stored in their account and must comply with all security requirements set by The Lifestyle Company, including but not limited to password requirements.
3.14 With regard to creating the account, the Customer must:
- Comply with all applicable laws, regulations, and government decisions.
- Not manipulate or falsify the information provided;
- Not upload any viruses or harmful instructions that could damage or disrupt the Website.
Article 4. Deliveries
4.1 Unless otherwise expressly agreed in writing, each Agreement solely pertains the sale and delivery of Goods.
4.2 Goods are delivered according to the delivery options selected by the Customer during the ordering process. The Lifestyle Company utilizes a third-party courier service to fulfill deliveries.
4.3 Delivery is considered complete when the Goods are delivered to the address provided by the Customer during the ordering process. The Customer is solely responsible for any errors in the delivery information provided. The Customer is required to promptly report any inaccuracies in the provided or listed payment and delivery details.
4.4 If Goods must be reshipped due to errors made by the Customer, the new shipment will only be processed after the Customer has paid the additional shipping costs.
4.5 If delivery cannot be completed at the specified address at the time of delivery, a notice will be left by the external courier service. The Customer is responsible for following the instructions on this notice to collect the Order at a later time. If the Customer fails to collect the Order according to the courrier’s instructions, the Goods will be returned to The Lifestyle Company. In suc cases, the Customer may request a new delivery subject to payment of additional delivery costs.
4.6 The risk of damage and/or loss of Goods remains with The Lifestyle Company until the moment of delivery, unless otherwise expressly agreed.
4.7 All deliveries shall be executed with urgency and no later than 30 days after the specified delivery period. Exceeding the aforementioned term shall grant the customer the right to terminate the agreement and receive a refund of all amounts paid under the Agreement.
4.8 If delivery has not occurred within thirty days, the Customer has the right to cancel the Agreement at no cost by providing notice. Payments will be refunded as soon as possible and utterly within fourteen business days of receiving the cancellation notice, with no additional compensation owed to the Customer.
4.9 Delivery will occur at the address specified in the order or at a designated collection point.
Article 5. Prices – payment
5.1 All prices and rates are in euros, inclusive of VAT, shipping costs, and applicable government charges at the time the Agreement in concluded, unless expressly stated otherwise.
5.2 All prices and rates listed on the website and in communications are subject to change and material errors. The Lifestyle Company reserves the right to unilaterally adjust prices until the order is confirmed. The most recent price list available on the Website (delugeofficial.com) supersedes and invalidates all previous versions.
5.3 Unless otherwise agreed, payment of the price by the customer is made through an online payment order at the time of ordering. The Lifestyle Company reserves the right to modify payment terms at any time.
5.4 In the event of late payment of any amount due, The Lifestyle Company shall send the customer a free payment reminder indicating the outstanding balance in accordance with Article XIX.2 of the Code of Economic Law. The Lifestyle Company is entitled to suspend all deliveries in case of non-payment of any due amount. Furthermore, in such cases, The Lifestyle Company shall, by operation of law, be entitled to a fixed compensation of €20 for overdue debts up to €150, €30 plus 10% of the overdue amount for the range between €150.10 and €500, or €65 plus 5% of the outstanding amount for any amount exceeding €500, with a maximum of €2,000 if the outstanding balance exceeds €500, as well as a conventional late payment interest in accordance with the legal interest rate.
5.5 All delivered Goods remain the full property of The Lifestyle Company until full payment of the principal amount, including any costs, interests, and applicable compensations, has been received.
5.6 The Lifestyle Company reserves the right to suspend its obligations under the Agreement in the event of any attributable non-performance by the Customer.
Article 6. Right of Withdrawal
6.1 The consumer Customer has a cooling-off period of fourteen days, following the date of reception of the Goods. This period begins on the day the consumer or a third party designated by the consumer physically takes possession of the Goods.
To exercise the right of withdrawal, the consumer Customer must notify The Lifestyle Company within the cooling-off period. Such notification can be done via hello@delugeofficial.com. This notification must include all relevant information, such as the Order identification, Order number, and the Customer’s contact details. A cancellation form can be found on our website.
The Customer shall return the Goods immediately and no later than fourteen (14) days after the day of notification of the exercise of the right of withdrawal to the return address provided by The Lifestyle Company, or, in the absence thereof, to the following address: Naamsestraat 37, 3000 Leuven, Belgium. It is recommended that the product be returned in its original packaging and free from damage. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the Customer. The return shall be at the cost and risk of the Customer. If the Customer chooses a third-party delivery service, the Customer is responsible for complying with the terms of the third-party delivery service.
During the reflection period, the Customer shall handle the product and its packaging with care. The Customer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the Customer exercises their right of withdrawal, they shall return the product with all provided accessories and, where reasonably possible, in its original condition and packaging to The Lifestyle Company, in accordance with the reasonable and clear instructions provided by the latter.
If products are returned damaged, soiled, or incomplete, The Lifestyle Company is entitled to claim compensation from the Customer for any decrease in value that the products have undergone.
6.2 The Customer does not have a right of withdrawal in the following cases:
- The Customer has entered into the Agreement as a business rather than a consumer
- The Goods are made to order based on the Customer’s specifications.
- The Goods are perishable or have a limited shelf life.
- The sealed packaging of the Goods has been broken after delivery.
- The sealed packaging of the Goods has been broken after delivery, and the Goods cannot be returned for reasons of health protection or hygiene
- The Goods have been mixed with other items after delivery.
6.3 If any of these conditions are not met, The Lifestyle Company reserves the right to refuse the right of withdrawal. If The Lifestyle Company refuses the right of withdrawal due to non-compliance with these General Terms and Conditions, the Customer will be informed by email within fourteen (14) days.The Customer will then be given the option to collect the returned Goods from The Lifestyle Company.. If the Customer does not collect the Goods, they will be deemed to accept the destruction or recycling of the Goods without entitlement to compensation or reimbursement. If the Customer notifies The Lifestyle Company of their intention to collect the Goods within fourteen (14) days, they have three (3) months to collect the Goods, either in person or via a carrier organized and paid for by the Customer. If the Goods are not collected within this period, they will be destroyed or recycled without compensation or reimbursement.
6.4 If the returned Good has decreased in value, The Lifestyle Company reserves the right to deduct the depreciation from the refunded purchase price.
6.5 In the event of withdrawal, the price of the product and the original shipping costs (to the extent of the cost of the standard delivery proposed by The Lifestyle Company) will be refunded as soon as all goods have been received by The Lifestyle Company, or once the Customer has demonstrated that they have returned the goods. The refund will be processed to the account number used by the Customer for the purchase, unless the Customer explicitly provides a different account number at the time of withdrawal. Return costs shall be borne by the Customer.
Article 7. Product Properties
7.1 The Lifestyle Company ensures that the Goods conform to the Agreement with the Customer. A statutory warranty period of 2 years applies to all Goods purchased via the website.
The Customer agrees to immediately check the quality and quantity of the Goods upon Delivery to ensure they correspond with the Agreement. Any complaint regarding visible defects or missing Products must be submitted to The Lifestyle Company within two (2) months of discovering the defect, preferably via email at hello@delugeofficial.com. If the Customer fails to submit a complaint within this period, they lose their right to invoke non-conformity of the Goods or deliveries.
After the expiry of the periods mentioned in the previous paragraph, The Lifestyle Company is only liable for hidden defects, which must be reported to The Lifestyle Company by registered letter within 2 months of the Customer becoming aware of the hidden defect, accompanied by a detailed description of the defect.
7.2 The Lifestyle Company shall not be liable for any compensation or reimbursement in the following circumstances:
- fault, negligence on the part of the Customer;
- repair or modification of the Goods by the Customer or a third party
- poor maintenance;
- negligent use or use under abnormal conditions;
- wear and tear inherent to the normal usage or lifespan of the Goods;
- an external cause not attributable to The Lifestyle Company, and;
- fault, negligence, or services of third parties.
7.3 Packaging, or other non-essential elements of the Goods, may be changed from time to time without entitling the Customer to terminate the Agreement.
7.4 Defective products will be replaced within a reasonable time frame, provided the defect is reported by the Customer in accordance with Article 7.1. If a product is no longer available, The Lifestyle Company may opt to refund the customer for the value of the product. The costs of returning defective products will be borne by The Lifestyle Company
7.5 Any claim by the Customer regarding delivered products will be void if defects are (partly) due to normal wear and tear, improper use or storage, or if the Customer has not fulfilled their obligations in a timely or properly manner.
7.6 If a defect is found in the Goods, the Customer may request either repair or replacement of the Goods. If neither is possible, the Customer may request an appropriate price reduction or termination of the Agreement, in which case they will only be compensated for the value of the Goods.
7.7 In the event of any doubt about the cause or alleged non-conformity of the Goods, the Parties agree that an expert appointed by The Lifestyle will inspect the Goods and determine the cause. If a Party does not object in writing within fourteen (14) days after receiving the expert’s findings, the findings will be deemed accepted.
7.8 Any claim for compensation against The Lifestyle Company will lapse by operation of law if it is not brought before the competent court within one year after the facts on which the claim is based were known or reasonably could have been known by the Customer.
Article 8. Force Majeure
8.1 The Lifestyle Company is not obligated to accept Orders or fulfill Agreements in cases of Force Majeure. The Lifestyle Company may either suspend its obligations for the duration of the Force Majeure or terminate the Agreements permanently without incurring cancellation costs or compensation. The Customer also has the right to invoke force majeure in relation to their obligations under this Agreement.
8.2 Force majeure includes, but is not limited to: extreme weather conditions, strikes, blockades, riots, lockouts, fire, damage to production facilities, delayed or failed delivery by suppliers and government measures. This list is not exhaustive. No financial or commercial compensation will be provided in the event of Force Majeure.
Article 9. Website Use
9.1 All intellectual property rights, including copyrights, trademark rights, and database rights, to the information, texts, images, logos, photos, illustrations, website layout and design and Goods design, are owned by The Lifestyle Company. Customer and users of this website must not infringe these rights, including making copies of the website except for technical copies necessary for its use (such as loading and display).
9.2 No rights can be derived from the information provided on the website.
9.3 Use of any items subject to The Lifestyle Company’s intellectual property rights is prohibited without prior written consent from The Lifestyle Company.
9.4 The Website is created for personal and non-commercial use by the Customer. It is prohibited to modify, copy, distribute, transmit, reproduce, publish, or create derivative works from the information or material on the Website. However, the Customer is permitted to download and make a copy of the website for purely personal and non-commercial use, provided that the content remains in its original state.
9.5 The Customer agrees not to modify, reproduce, or otherwise infringe upon the The Lifestyle Company’s intellectual property rights .
Article 10. Liability
10.1The Lifestyle Company undertakes to perform the Agreement to the best of its ability (obligation of means). it is not liable for failing to achieve the desired result for the Customer and is not bound to any obligation of result.
10.2 The Lifestyle Company will not be liable for any use of products that deviates from the instructions on the packaging, leaflet, or these general terms and conditions. Unless otherwise stated, the Goods are not intended for internal use.
10.3 Except in cases of gross negligence or fraud, The Lifestyle Company shall not be liable for damages resulting from the Goods it delivers or for any failure in the performance of the Agreement or breach of other obligations towards the Customer.
10.4 The Lifestyle Company is not responsible for any interruption in the availability of or access to the Website, nor for any malfunction in the computer system, viruses, or other issues that may arise from using this Website.
10.5 Any damage must be reported as soon as possible, preferably via the email address hello@delugeofficial.com. Damage not reported within two months following the discovery of the defect is not eligible for compensation.
10.6 The Lifestyle Company is under no circumstances obliged to compensate for immaterial, indirect, or consequential damages, including but not limited to loss of profits, loss of turnover, loss of income, production limitations, administrative or personnel costs, increase in general costs, loss of clientele, or claims by third parties.
10.7 Except in cases of fraud or deliberate wrongdoing and except for physical injury resulting from The Lifestyle Company’s actions or omissions, the total liability of The Lifestyle Company for all damages occurring during the entire duration of the Agreement is limited to the amount invoiced to the Customer. If The Lifestyle Company’s insurance coverage is lower than this amount, liability is limited to the insurance coverage.
10.8 The Website may contain material from third parties or links to third-party websites. The Lifestyle Company is not responsible for the content of these third-party websites, or for any materials, products, or services provided by third parties.
Article 11. Processing of Personal Data
11.1 The Lifestyle Company processes the Customer’s personal data as the data controller. The legal bases for processing are the necessity for performing contractual obligations, compliance with legal obligations, legitimate interest, and the explicit consent of the Customer.
11.2 Personal data is not be retained longer than necessary for the purposes for which it was processed.
11.3 Personal data will be processed internally or with the assistance of specific processors that help with tasks, such as IT services, software provision, and accounting. Each processor is required to provide necessary guarantees in accordance with the GDPR. Fata is not processed outside the EU.
11.4 The Lifestyle Company implements appropriate technical and organizational measures to protect personal data. In the event of a data breach involving your information, you will be notified within a reasonable time, which may be done via email to the address we have on record.The Customer has the right to request access, correction, deletion, or portability of their personal data, or to withdraw their consent or object to the processing of their data by The Lifestyle Company. Requests can be sent in writing to the business address or by email to hello@delugeofficial.com.
11.5 The Lifestyle Company will respond to such requests with a reasoned answer within one (1) month. This period may be extended by an additional two (2) months if needed, depending on the complexity and number of requests. The Customer also has the option to file a complaint with the Data Protection Authority.For more information on how The Lifestyle Company handles personal data, please refer to our privacy policy.
Article 12. User Submissions
If the Customer submits any specific materials, such as contest entries, suggestions, proposals, plans, whether online, by email, by post, or otherwise (collectively referred to as ‘Submissions’), the Customer grants The Lifestyle Company the right to edit, copy, publish, distribute, translate, and otherwise use such Submissions in any medium, without any obligation for compensation to the Customer.
Article 13. Invalidity
The invalidity, illegality, contradiction of any provision of these General Terms and Conditions will not affect the validity or applicability of the remaining provisions. An invalid provision will be replaced by a provision that closely aligns with the original intent of the invalid provision.
Article 14. Applicable Law
14.1. The Lifestyle Company aims to fully satisfy the Customer with its Goods and services. If any issues arise, the Customer can contact customer service via hello@delugeofficial.com. The Lifestyle Company aims to address complaints within seven (7) days.
14.2. Belgian law governs all Agreements to which The Lifestyle Company is a party.
14.3. The courts of the judicial district of Leuven have exclusive jurisdiction over disputes arising from Agreements.
14.4. Notwithstanding the previous clause, if the Customer acts as a consumer, disputes arising from the Agreement may be submitted to the Consumer Ombudsman Service (www.consumentenombudsdienst.be) by either the Customer or The Lifestyle Company.