Company details
Article 1: General provisions
The e-commerce website of Hotel Jan Brito, a public limited company with its registered office at Freren Fonteinstraat 1, 8000 Bruges, Belgium, VAT BE-0894.268.833, Ghent Bruges department register of legal persons (RPR), (hereinafter to be referred to as ‘Spicy Fox’) offers its Customer the option to purchase products from its webshop.
The present General Terms and Conditions (“Ts and Cs”) apply to every order that is placed by a visitor of this e-commerce website (the “Customer”).
When placing an order through the Spicy Fox webshop, the Customer must expressly accept these Ts and Cs to show agreement with the applicability of these Ts and Cs while excluding all other terms and conditions. Additional Customer Ts and Cs are excluded except when these have been expressly accepted in advance by Spicy Fox in writing.
The Customer declares that the purchased products are for personal use (or as a present to give away free of charge) and must NOT be sold on.
The Customer who wishes to sell on the products should contact Spicy Fox directly.
Article 2: Price
All specified prices are expressly in EUROS and always include VAT and all other taxes that the Customer must bear.
If delivery, reservation or administrative costs are charged, this must be specified separately.
The price specification is only related to the items as described in words. The related photos are decorative and may include elements that are not included in the price.
Article 3: Selection of items
Despite the fact that the online catalogue and the e-commerce website have been compiled with the utmost care, it is still possible that the offered information is incomplete, may contain material errors or may not be up-to-date. Spicy Fox shall not be bound by apparent mistakes or errors with regard to what is being offered. Spicy Fox is only bound by an obligation of means in relation to the correctness and completeness of the offered information. It can never be held liable for manifestly material errors, typesetting errors or misprints.
If the Customer has specific questions about, for example, sizes, colour, availability and/or delivery period or method, the Customer should contact our Customer Service in advance.
The range on offer shall always only apply as long as there is stock available and can be changed or withdrawn at any time by Spicy Fox. Spicy Fox cannot be held liable for a product not being available. If an offer has a limited period of validity or is being offered under specific conditions, this shall be expressly specified with the offer.
Article 4: Online purchasing
The Customer can place an order through the online ordering system and can immediately pay through the payment system.
The Customer has the choice of the following payment methods:
- • Through a credit card
- • Through a debit card
- • Bancontact
- • Apple pay
- • Bank app
- • Etc.
Spicy Fox is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders involving the Customer.
Article 5: Delivery and execution of the contract
When an order has been completed and paid, the requested products are prepared, packaged and sent with the greatest care. The usual postal charges are at the expense of the Customer.
Orders are only accepted when placed by a person who is 18 years of age or over.
Products are only delivered to the countries regarding which the website allows delivery.
The delivery shall be made by Post.nl or bpost. The costs charged for this are the following:
Belgium: € 8
The Netherlands: € 15
France and Germany: € 18
UK: € 26.50
Sweden, Spain and Italy: € 22.50
Unless agreed or expressly determined otherwise, the products shall be delivered at the Customer’s home address within 30 days after having received the order. Any delays in delivery shall never be a reason for compensation. Delivery addresses that are passed on incorrectly are the responsibility of the Customer and may lead to extra expenses.
Any visible damage and/or quality shortcoming of an item or another shortcoming upon delivery, must be notified to Spicy Fox immediately by the Customer.
The risk due to loss or damage shall be transferred onto the Customer as from when he/she (or a third party that he/she designated who is not the carrier) has physically accepted the products. The risk, however, shall already be transferred to the Customer upon delivery to the carrier if the carrier of the Customer has been given the instruction to transport the products and this choice was not offered by Spicy Fox.
Article 6: Retention of title
The delivered items shall remain the exclusive property of Spicy Fox until the Customer has made full payment for the items.
The Customer commits to point out to third parties about Spicy Fox’s retention of title should this be required, for example, to an entity who may seize the items that have not yet been fully paid.
Article 7: Right of withdrawal
In view of the nature of the items, the items cannot be returned.
Orders may be cancelled free of charge as long as they are not in the delivery phase.
Article 8: Customer Service
Spicy Fox’s Customer Service can be reached on telephone number +32 472.55.50.97,
through email by emailing info@Spicyfox.be or by post at the following address Freren Fonteinstraat 1, 8000 Bruges, Belgium. Any complaints can be sent there.
Article 9: Sanctions for non-payment
Without prejudice to exercising other rights that Spicy Fox has, the Customer shall owe 10% interest per year regarding any amounts that have not been paid in case of non-payment or late payment as from the date of the breach of contract by operation of law and without a demand for payment being required. The Customer shall, moreover, owe a fixed compensation of 10% with regard to the involved amount where a minimum of 25 euros per invoice shall apply by operation of law and without a warning being required.
Without prejudice to the aforementioned, Spicy Fox reserves the right to take back the items that have not been paid for (or have not been fully paid for).
Article 10: Privacy
The legal entity responsible for processing data, Hotel Jan Brito, respects the General Data Protection Regulation (GDPR) and the Belgian Privacy Act of 30 July 2018.
The personal data that you have shared shall only be used for the following goals: the execution of the entered into contract, the processing of the order, the sending of newsletters and advertising and/or for marketing purposes. The legal bases are: the execution of the contract, the agreement, the fulfilment of legal and regulatory obligations and/or the legitimate interest of the company.
You have a legal right to examine and possibly correct, supplement or remove your personal data. You may also ask for the processing of your personal data to be limited in a number of cases specified in the GDPR. You may also object against the processing of your personal data if you have serious and legitimate reasons to do so that surpass our need to process your data. Through a written, dated and signed request to Hotel Jan Brito, Freren Fonteinstraat 1, 8000 Bruges, Belgium, info@Spicy Fox.be, you can request your personal data in digital and readable format and/or have the personal data transferred to other responsible entities. Insofar as our processing is based on your prior permission, you are entitled to retract this permission.
In case of using data for direct marketing purposes: You can object free of charge against the use of your personal data for direct marketing and you do not need to give a reason for this.
To exercise your rights, please write to Hotel Jan Brito, Freren Fonteinstraat 1, 8000 Bruges, Belgium, info@Spicy Fox.be.
We treat your personal data as confidential information and shall not pass it on, rent it out or sell it to third parties.
For more information, see our Privacy Policy https://www.janbrito.com/en/privacy-policy.
Article 11: Validity being affected – no relinquishing
If a provision of these Ts and Cs is declared invalid, illegal or cancelled, this shall not affect in any way the validity, legality and applicability of the other provisions.
Not imposing one of the rights in these Ts and Cs at any time by […] or exercising any rights whatsoever in relation to this, shall never be viewed as such a provision being relinquished and shall never negatively affect the validity of these rights.
Article 12: Amendment of the Ts and Cs
These Ts and Cs may be supplemented by other Ts and Cs where reference is made to them explicitly and the general conditions of sale of Hotel Jan Brito. Should there be any contradiction, these Ts and Cs shall prevail.
Article 13: Proof
The Customer accepts that electronic communications and backups may serve as proof.
Article 14: Applicable law – Disputes
Belgian law shall apply with the exception of provisions from international privacy law regarding the applicable legislation.
The courts of the domicile of the Consumer are competent in relation to legal disputes. The Consumer can also go to the Online Dispute Resolution (ODR) platform (http://ec.europa.eu/consumers/odr/).