The Purchaser must always read and accept these General Terms and Conditions before placing an order. Placing an order on the website and/or signing a Contract with the Seller is considered explicit acceptance of these General Terms and Conditions by the Purchaser.

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Last updated on 17 Aug 2021

Terms and conditions

Contact information

Questions about the Terms and conditions should be sent to policies@ninjawink.com

Website: www.ninjawink.com

Article 1: General provisions

The e-commerce website of Ninjawink, with its registered office at Blijhofstraat 11, 8780 Oostrozebeke, BELGIUM, VAT BE 0768.779.042 (hereinafter “NINJAWINK”) provides its customers with the option of buying products from its webshop.

These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of NINJAWINK, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by NINJAWINK.

Article 2: Price

All prices listed are expressed in EURO, always include VAT. Import duties and taxes are not included in the price.

Any shipping, reservation or administration fees that are charged will be specified separately.

The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

Article 3: Availability

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for NINJAWINK. With respect to the accuracy and completeness of the provided information, NINJAWINK is solely bound to obligation of means. NINJAWINK is in no way liable in event of obvious material or printing errors.

The image material used on the website is intended as an illustrative indication of the main characteristics of the product in question. We make every effort to ensure that the colours on the product pictures match those of the actual product as closely as possible. However certain colours may vary due to technical limitations (e.g. your monitor or screen).

If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.

The product selection is valid while stocks last and may at any time be changed or withdrawn by NINJAWINK. NINJAWINK cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

The following ordering process applies to complete any order via our webshop:

Put the items you want to purchase in the shopping cart
Go to the shopping cart to verify the items you selected, and/or
Go to checkout
Enter your contact and invoicing details
Choose the shipping method
Choose the payment method
Agree to Terms and Conditions
Make payment
Once you complete your order, your purchase is confirmed.

The Customer may choose between the following payment methods:

by credit card

NINJAWINK is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

Article 5: Delivery and execution of the agreement

Articles ordered via this webshop will be delivered in countries of the European Union.

Please contact us directly to place an order from other countries. Shipping costs will be calculated based the order size and destination. All local customs costs are payable by the customer.

The ordered products will be shipped from Belgium as soon as possible after reception of your payment with an average of 2 working days after placing your order.

Delivery occurs by BPost using priority letter mail. A shipping and handling cost of 2,5 euro applies per package of 1 to 5 cards or envelopes unless specified otherwise (e.g. free shipping marketing actions). The following are indicative delivery times of BPost:

Belgium: typical 1 to 2 business days
Rest of Europe: typical 1 – 4 weeks, however as stated in How quickly will my letter be delivered abroad? | bpost. Bpost treats your letter as Priority mail but cannot guarantee a period for international letters; the speed of delivery depends on the postal service in the destination country.

The Seller makes use of external transport firms to make the delivery. The Seller is not liable for shortcomings on the part of the transport firm during delivery. The Seller will instigate an investigation of the transport firm in the event of a defective delivery. During the investigation period, no refund or replacement shipment will be provided.

Possible delivery delays cannot lead to the termination of the Contract and/or to liability for any damage compensation to the Customer.

Incorrect delivery addresses are the sole responsibility of the customer and may give rise to additional delivery costs.

All shipping costs are subject to change without prior notice.

Ordered products will be delivered as quickly as possible in accordance with the requested shipping method. We will make every effort to ensure that you receive your order within the estimated delivery time. Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered within 30 days following the day after the order was received. This does not apply to out of stock or backorder items. All goods are supplied subject to availability. If we are unable to deliver your goods within 30 days, we will notify you immediately and inform you of the expected delivery date. If we are unable to deliver your goods within 30 days, you may cancel the undelivered orders/products at any time whatsoever once you have been notified of the late delivery. If payment has already been made, you will receive a full refund for the item or items in question.

Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery (e.g. articles do not correspond to the items you ordered) must be reported immediately by the Customer to NINJAWINK. You are required to notify us within 5 days after receiving the order and return the items within 14 calendar days following receipt. If we do not receive such notification, the customer will be deemed to have accepted the items and to be satisfied with them. We cannot be held liable for any consequential damage due to late delivery or non-delivery by the carrier engaged by the company. Our liability in such instances is limited to the value of the items which it has been demonstrated were not received by the customer.

The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by NINJAWINK.

Article 6: Retention of title

Delivered articles remain the exclusive property of NINJAWINK until the moment the Customer pays for the goods in full.

If necessary, the Customer undertakes to inform third parties of the retention of title belonging to NINJAWINK, e.g. to anyone who would attempt to seize articles that are not fully paid for.

Article 7: Right of withdrawal

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from NINJAWINK.

The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.

The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.

To exercise the right of withdrawal, the Customer must notify Ninjawink by email (policies@ninjawink.com) in an unambiguous statement about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.

To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.

In any event, the Customer has no later than 14 calendar days from the day that they notify Ninjawink of their decision to withdraw from the agreement to send back or hand over the goods to Ninjawink, Blijhofstraat 11, 8780 Oostrozebeke, BELGIUM. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

The direct costs for returning the goods shall be borne by the Customer.

If the returned product is reduced in value in any way, NINJAWINK is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.

Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned. Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by NINJAWINK will not be refunded.

If the Customer withdraws from the agreement, NINJAWINK shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that NINJAWINK was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, NINJAWINK may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.

NINJAWINK shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.

The Customer may not exercise the right of withdrawal for customized items.

Article 8: Force Majeure

If the Seller is fully or partly prevented from meeting its obligations to the Purchaser due to circumstances independent of its will, this shall be considered force majeure. In that case, the Seller is not obliged to meet its obligations to the Purchaser, and this applies for the duration of the force majeure. A situation of force majeure does not give rise to any form of compensation or any opportunity to terminate the contract.

Article 9: Intellectual property & copyright

All intellectual property rights and derivative rights to our products shall be retained by the Seller and/or the party that owns the rights. These intellectual property rights are understood to include copyrights, trademarks, designs and design rights and/or other (intellectual property) rights, whether or not these include technical and/or commercial know-how, methods and concepts that can be patented. The purchaser is prohibited from making use of and/or making alterations to the intellectual property rights described in this article, unless it is a mere question of private use of the product itself.

All elements of the site www.ninjawink.com are and remain the exclusive intellectual property of NINJAWINK. Under no circumstances is it allowed to reproduce, exploit, repost, or use these items without explicit authorization of NINJAWINK.

Article 10: Guarantee

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.

To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.

For articles purchased online and are delivered to the home of the Customer, the Customer must contact the NINJAWINK customer service and to return the product at their own expense to NINJAWINK.

Upon detection of a deficiency, the Customer must inform NINJAWINK as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.

The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.

Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.

Article 11: Customer service

NINJAWINK customer service can be reached via e-mail at policies@ninjawink.com Any complaints can be made through the aforementioned customer services contact methods.

Article 12: Penalties for non-payment

Without prejudice to the exercise of any other rights that NINJAWINK is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.

Without prejudice to the foregoing, NINJAWINK is entitled to take back the unpaid or incompletely paid for articles.

Article 13: Privacy

The responsible party for processing personal data, NINJAWINK respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.

The personal data you share with us is used only for the following purposes: the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose. The legal bases are performance of the contract, consent, compliance with legal and regulatory obligations and/or the legitimate interest of the company.

You have a statutory right to access, correct, supplement or remove your personal data. In a number of cases listed in the GDPR, you may also ask us to limit the processing of your personal data. You have the right to object to the processing of your Personal Data if you have serious and legitimate reasons that exceed our need to process your data. You have the right to request your Personal Data in digital and readable form and/or to have them transferred to another service provider of your choice. Insofar as our processing is based on your prior consent, you have the right to revoke that consent at any time.

In the case when information is used for direct marketing purposes, you may preclude the use of your information for direct marketing purposes at no cost to yourself.

To exercise your rights you can always contact us in the aforementioned manner at policies@ninjawink.com .

We treat your information as confidential and shall not communicate, rent or sell it to third parties.

For more information, see our Privacy Policy.

Article 14: Use of cookies

Our website uses cookies and similar technologies. This helps us to provide you with a better experience when you visit our website and also allows us to optimise our website. Without your prior consent, we only place those purely functional cookies that are necessary for the proper functioning of our website. For all other cookies, we ask for your prior consent.

For an overview of all cookies that our website places on your device, please refer to our Cookie Policy.

On your first visit to our Website, you will be asked to accept our cookies. You can manage your choices at any time afterwards.

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.

Article 15: Invalidation – non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by NINJAWINK to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 16: Amendments to the Terms

These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of NINJAWINK. In case of inconsistencies, the present Terms take precedence.

Article 17: Proof

The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

Article 18: Applicable law – jurisdiction

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Kortrijk district have jurisdiction in the case of any disputes.

Article 19: Changes to terms and conditions

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Appendix 1: Template – withdrawal form

Dear Customer, you should only complete this form and return it should you want to withdraw from the agreement.

To NINJAWINK:

I/We (*) hereby inform you that I/we (*) want to withdraw from the agreement concerning the sale of the following goods/delivery of the following service (*):

Ordered on (*)/Received on (*):

Name/Names of consumer(s):

Address of consumer(s):

Signature of consumer(s) [only when this form will be submitted on paper]:

Date:

(*) = strike out what is not applicable.