General terms and conditions

1 - Identity of the entrepreneur 

These are the terms and conditions of Sincerely Valentine  
Name of entrepreneur: Wave BV   
Registered to: Ann Salenspad 5, Bus 101, 2000 Antwerp.  
E-mail address:  
Chamber of Commerce number:    
VAT number

Article 2 – Definitions 

In these general conditions the following terms are defined 

  1. Reflection period: the period within which a consumer can make use of his right of withdrawal;  

  2. Buyer / other party: the (legal) person who acts in the exercise of professional or business and who enters into a distance contract with Sincerely Valentine;  

  3. Day: calendar day 

  4. Durable data carrier: any tool - including e-mail - that allows a buyer or Sincerely Valentine to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;  

  5. Right of withdrawal: the possibility for a buyer to cancel the distance contract within the cooling-off period 

  6. Distance contract: an agreement that is concluded between Sincerely Valentine and a buyer in the context of an organized system for distance selling of products, whereby up to and including the conclusion of the agreement exclusive or partial use is made for one or more techniques for distance communication 

  7. Technology for distance communication: medium that can be used for the conclusion of an agreement, without the need for a buyer and Sincerely Valentine to have met simultaneously in the same room. 

Article 3 - Applicability  

  1. These general terms and conditions apply to every offer made by Sincerely Valentine and to every distance contract concluded between Sincerely Valentine and the buyer 

  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the purchaser electronically in such a way that it can be easily stored by the consumer on a durable data carrier. 
  3. If this is not reasonably possible, Sincerely Valentine will indicate, before the distance contract is concluded, in which way the general terms and conditions can be consulted electronically and that they will be sent free of charge to the buyer on request, either electronically or in another way.  

  4. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of the General Terms and Conditions may be made available to the Buyer electronically in such a way that it can be easily stored by the Buyer on a durable data carrier. If this is not reasonably possible, it will be indicated where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge to the Buyer, at his request, either electronically or in some other way.    

  5. If one or more provisions in the General Terms and Conditions are invalid or voided in part or whole at any time, the remainder of the agreement and these terms and conditions will continue to apply and the provision in question will be replaced without delay in mutual consultation by a provision that approximates the meaning of the original provision as closely as possible.    

  6. Uncertainties regarding the interpretation or content of one or more provisions of the General Terms and Conditions or situations not provided for in the General Terms and Conditions must be interpreted 'in the spirit' of the General Terms and Conditions. 

Article 4 – The offer  

  1. If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.  

  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer.  

  3. If Sincerely Valentine makes use of pictures, they are a true representation of the products and/or services offered. Sincerely Valentine cannot guarantee that the colors displayed will exactly match the real colors of the products. Obvious mistakes or obvious errors in the offer do not bind Sincerely Valentine.  

  4. All images, specifications and information in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. 

Article 5 – The agreement  

  1. The agreement comes into effect, subject to the provisions in paragraph 4, at the time of acceptance of the offer by the buyer and the fulfillment of the conditions thereby stipulated.   

  2. If the buyer has accepted the offer electronically, Sincerely Valentine will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Sincerely Valentine, the buyer may dissolve the agreement.   

  3. If the agreement is concluded electronically, Sincerely Valentine will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the buyer can pay electronically, Sincerely Valentine will take appropriate safety measures
  4. Sincerely Valentine may - within legal limits - inform itself whether the buyer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Sincerely Valentine has good grounds for not entering into the agreement, it shall be entitled to refuse an order or application or to attach special conditions to the performance, giving reasons.   

  5. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned. 

Article 6 – Conformity and warranty  

  1. Sincerely Valentine guarantees that the products comply with the agreement, with the specifications listed in the offer, with the reasonable requirements of reliability and/or usability and with the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.    

  2. Any defects or wrongly delivered products should be reported in writing to Sincerely Valentine within 48 hours after delivery. The products must be returned within 7 days after delivery in the original packaging and in new condition.    

  3. In case of a warranty period of Sincerely Valentine, it corresponds to the manufacturer's warranty period. However, Sincerely Valentine is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.   
  4. Any warranty does not apply if:    
  • The buyer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;    
  • The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of Sincerely Valentine and/or are treated on the packaging; 

Article 7 – Delivery and implementation  

  1. Sincerely Valentine will take the greatest possible care when receiving and executing product orders.    

  2. The place of delivery is the address that the buyer has made known to Sincerely Valentine.   

  3. All delivery periods are indicative. The purchaser cannot claim any rights from any delivery dates mentioned. Exceeding a term does not entitle the buyer to compensation.   

  4. If delivery of an ordered product turns out to be impossible, Sincerely Valentine will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered.    

  5. The risk of damage and/or loss of products rests with Sincerely Valentine up until the time of delivery to the Buyer or a previously designated and disclosed to a Sincerely Valentine representative, unless explicitly agreed otherwise. 

Article 8 – Suspension and dissolution of the agreement  

  1. Sincerely Valentine is authorized to suspend or dissolve all or part of the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if other circumstances arise of such a nature that the unaltered maintenance of the agreement cannot reasonably be required.    
  2. Sincerely Valentine has the right to suspend or dissolve the agreement with immediate effect and without judicial intervention or notice of default if the other party is declared bankrupt, has applied for a suspension of payments or a provisional suspension of payments or if it wishes to make an arrangement with its creditors in order to avoid this, if there is a situation of seizure, if the other party is placed under guardianship, if a request is made for debt restructuring for natural persons or if it loses the power of disposition of its assets or parts thereof in some other way.    
  3. If circumstances arise with regard to persons and/or material which Sincerely Valentine uses or tends to use in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so objectionable and/or disproportionately expensive that compliance with the agreement can no longer be reasonably required, Sincerely Valentine is authorized to suspend or dissolve the agreement. 
  4. In addition to the cases mentioned in this article in which Sincerely Valentine is authorised to suspend or dissolve the agreement, the claims of Sincerely Valentine against the other party are also immediately due and payable in the following cases: 
    • Circumstances brought to Sincerely Valentine's attention after the conclusion of the agreement give Sincerely Valentine good reason to fear that the other party will not fulfil its obligations;   
    • If Sincerely Valentine has asked the other party at the conclusion of the agreement to provide security for the fulfillment and this security is not provided or is insufficient;    
    • If the other party proceeds to strike or liquidate its company or a significant part thereof or if a decision is taken to this effect;    
    1. If the other party fails to comply with one or more obligations towards Sincerely Valentine or fails to do so properly or in time, all other (remaining) claims of Sincerely Valentine on the other party will become immediately claimable and payable.  

    2. A case of suspension or dissolution shall not affect Sincerely Valentine's right to claim compensation. 

      Article 9 - The price  

    1. Both parties will agree on a price at the conclusion of the agreement, which is stated in the offer.   

    2. Any cost estimates are exclusive of VAT and other government levies.    

    3. All prices are subject to misprints and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In case of misprints Sincerely Valentine is not obliged to deliver the product according to the wrong price.

    Article 10 – Payment 

    1. Goods will be charged befor delivery. Goods will not be delivered until payment is received

    Article 11 – Liability 

    1. An other party, including the Buyer, guarantees the accuracy and completeness of the data provided to Sincerely Valentine by or on behalf of the other party. Sincerely Valentine is not liable for the consequences of providing incorrect and/or incomplete data.   

    2. Sincerely Valentine is not liable for any damage resulting from the acts or omissions of the other party, its employees or third parties engaged by it in the context of the agreement or related activities.    

    3. Sincerely Valentine shall never be liable for indirect damages, including consequential damages, lost profits, lost savings and damage due to business interruption.    

    4. The liability of Sincerely Valentine, insofar as it is covered by its liability insurance, is limited to the amount of the payment made by the insurer.   
    5. If, in any case, the insurer does not pay out or if the damage is not covered by the insurance, Sincerely Valentine's liability will be limited to the amount that the other party owes on account of the order, however, to a maximum of € 5,000.    

    6. The other party will indemnify Sincerely Valentine with regard to any third party claims for damages related to the execution of the agreement and of which the cause is attributable to others than Sincerely Valentine.    

    7. The limitations of liability included in this article do not apply if the damage can be attributed to intent or gross negligence on the part of Sincerely Valentine or its managing employees.    

    8. All claims against Sincerely Valentine lapse after a period of one year from the day on which the work to which the claim relates was performed or should have been performed. 

    Article 12 – Disputes  

    1. Agreements between Sincerely Valentine and the purchaser to which the General Terms and Conditions relate are governed exclusively by Belgian law. Even if the purchaser is domiciled abroad.