Wettelijke kennisgeving

COMPREHENSIVE TERMS OF SERVICE, CONTRACTUAL STIPULATIONS & OPERATIVE POLICY

no CTRL — Apparel Merchandising Establishment

Situs: Kortrijk, West Flanders, Belgium

ARTICLE I — PREAMBLE, PARTIES, AND ACCEPTANCE OF COVENANTS

These Terms of Service, Contractual Stipulations, and Operative Policy (hereinafter collectively referred to as “these Presents”) constitute a binding, bilateral juridical instrument governing the reciprocal rights, obligations, and legal relations between:
  • The Vendor: no CTRL, an apparel merchandising entity domiciled and maintaining its principal place of business in Ghent, East Flanders, Belgium (hereinafter “we”, “us”, “our”, “the Vendor”, “the Merchandiser”, or “the Disponent”);
  • The Vendee: Any natural or juridical person who effects a purchase, places an order, peruses merchandise, or otherwise avails themselves of any service or facility appertaining to the Vendor, whether via physical premises, digital portal, electronic correspondence, telephonic communication, or any other conduit of commerce whatsoever (hereinafter “you”, “your”, “the Purchaser”, “the Vendee”, or “the Acquiror”).
By entering upon the Vendor’s premises, accessing the Vendor’s digital domain, or effectuating any act of purchase or tender of consideration, you hereby irrevocably evince your unqualified, uncoerced, and fully informed assent to every clause, covenant, stipulation, and provision contained within these Presents, in their entirety and without exception. Your assent operates as a juridical act of equal force and effect as a signature affixed to a written instrument. These Presents supersede any and all prior understandings, oral representations, collateral agreements, or conflicting terms which you may purport to advance, all of which are hereby peremptorily and unconditionally repudiated.
The Vendor reserves the unilateral, absolute, and non-negotiable prerogative to amend, revise, abrogate, supplement, or restate any portion of these Presents at any temporal juncture, for any rationale, and without antecedent notification. Amendments shall attain legal force and effect upon publication upon the Vendor’s digital portal or conspicuous posting within the Vendor’s physical emporium. Continued commerce or utilisation of the Vendor’s facilities subsequent to such publication constitutes renewed and unqualified ratification of the amended provisions.

ARTICLE II — MERCHANDISE, DESCRIPTIONS, AND REPRESENTATIONS

All merchandise proffered by the Vendor is subject to availability, and the Vendor proffers no warranty — express, implied, or constructive — that any specific article or design shall remain available at any given juncture.
All iconographic depictions, chromatic renditions, graphic representations, dimensional specifications, textual descriptions, sizing charts, aesthetic renderings, and promotional verbiage are furnished solely for general edification and illustrative purpose. The Vendor exercises reasonable diligence to ensure substantial fidelity between such depictions and the actual merchandise; nevertheless, the Vendor expressly disclaims all liability for discrepancies arising from: limitations inherent in digital display technologies; variances in lighting, photographic technique, or material composition; minor aesthetic or dimensional deviations customary in the manufacture of apparel; or any other divergence that does not materially impair the functional utility of the merchandise. No depiction or description shall be construed as an integral component of the contractual object, nor as a binding warranty of conformity.
The Vendor reserves the absolute prerogative to modify, discontinue, alter, or redesign any article of merchandise at any time, sans incurrence of liability.

ARTICLE III — PRICING, CONSIDERATION, AND FISCAL IMPOSITIONS

All pecuniary valuations displayed, quoted, or proffered are denominated in Euros (€) and include the applicable Belgian Value-Added Tax (VAT) at the statutory rate in force. Such valuations do not include carriage charges, insurance premiums, customs duties, excise imposts, fiscal levies, or any other exactions imposed by sovereign authorities — domestic or foreign — which shall be borne exclusively and entirely by the Vendee and shall be defrayed in addition to the stated purchase price at the point of contractual consummation.
The Vendor exercises reasonable diligence to ensure the accuracy of published valuations; nevertheless, manifest clerical errors, typographical inaccuracies, or pricing anomalies shall be deemed non-binding upon the Vendor, notwithstanding the tender of an order by the Vendee. In the event of such anomaly, the Vendor shall be entitled to rescind the transaction in good faith and to make full restitution of any consideration remitted, without further liability or consequence.
Payment of the full stipulated consideration — inclusive of all applicable surcharges, imposts, and fees — shall be effected in its entirety at the juncture of order submission. No credit, deferment, or instalment arrangement shall be deemed operative unless explicitly granted in writing by a duly authorised officer of the Vendor. The Vendor does not retain full payment instrument data; all sensitive financial information is processed through compliant third-party conduits, and the Vendor shall not be held liable for breaches or failures appertaining thereto.

ARTICLE IV — ORDER FORMATION, ACCEPTANCE, AND REJECTION

The submission of an order by the Vendee constitutes a binding, irrevocable tender in offerum to purchase the specified merchandise upon the terms and conditions set forth in these Presents. Such tender shall remain open and irrevocable for a period of thirty (30) calendar days from the temporal juncture of submission.
A binding, bilateral contract of sale shall not crystallise by mere receipt of an order by the Vendor. Contractual formation shall occur solely and exclusively at the temporal juncture upon which the Vendor dispatches the subject merchandise to the Vendee, or upon the Vendor issuing explicit written confirmation of acceptance of the order — whichever event first transpires. Until such juncture, the Vendor retains absolute, unilateral, and non-reviewable authority to decline, reject, rescind, or cancel any order — in whole or in part — for any rationale whatsoever, including but not limited to: unavailability of merchandise, manifest pricing error, suspicion of fraudulent activity, inability to authenticate the Vendee’s identity or authority, or any other cause deemed sufficient in the Vendor’s sole and absolute discretion. Rejection or cancellation of an order under this Article shall obligate the Vendor solely to make restitution of any consideration actually remitted, and shall carry no further liability, penalty, or consequence of any kind.

ARTICLE V — CARRIAGE, DISPATCH, AND THE INCIDENCE OF RISK

Estimated temporal parameters for dispatch and delivery are provisional approximations only, and carry no binding force or effect. The Vendor proffers no guaranty — express or implied — of punctual dispatch or delivery, and delays of any duration shall not constitute a ground for rescission, deduction, or claim.
The Vendor shall select the mode and conduit of carriage in its sole discretion, unless alternative arrangements are explicitly agreed in writing. All costs and charges appertaining to carriage, insurance, packaging, and handling shall be borne exclusively by the Vendee.
CRITICAL STIPULATION REGARDING RISK: The periculum rei — the entire and irrevocable risk of loss, theft, misappropriation, damage, deterioration, spoliation, destruction, or diminution of value of the merchandise — shall devolve forthwith and irrevocably upon the Vendee at the precise temporal juncture upon which the merchandise is:
  1. Consigned to a common carrier, postal authority, or other logistician for conveyance to the Vendee; OR
  2. Made available for collection by the Vendee at the Vendor’s physical premises — whichever transpires first.
From that temporal juncture onward, the Vendor shall be absolved of all liability for loss, damage, or delay, howsoever occasioned. Claims for loss, damage, or delay in transit shall be prosecuted by the Vendee exclusively against the relevant carrier or logistician, and the Vendor shall provide reasonable assistance in the formulation of such claims without thereby assuming any liability or obligation therefor.

ARTICLE VI — NON-RETURNABILITY, NON-EXCHANGEABILITY, AND ABSOLUTE FINALITY

§ 6.1 GENERAL STIPULATION

ALL TRANSACTIONS ARE ABSOLUTELY, UNCONDITIONALLY, AND PERPETUALLY FINAL.
There shall be NO RETURNS, NO EXCHANGES, NO SUBSTITUTIONS, NO RESCISSIONS, NO REVOCATIONS, AND NO RESTITUTIONS — for any rationale whatsoever, including but not limited to: change of mind, dissatisfaction with aesthetic appearance, dissatisfaction with fit or sizing, dissatisfaction with chromatic rendition, dissatisfaction with material quality, dissatisfaction with weight or texture, ordering error, delayed delivery, or any other ground of preference, opinion, or convenience.
The Vendor maintains a policy of no voluntary returns, no voluntary exchanges, and no voluntary refunds, and no agent, employee, or representative of the Vendor possesses authority to waive, alter, or amend this stipulation — absent an explicit, written, and duly authenticated instrument executed by the Vendor’s principal proprietor.

§ 6.2 STATUTORY CARVE-OUT AND EXCEPTION

The foregoing stipulation is operative to the maximal extent permitted under Belgian substantive and procedural law. Nothing contained herein shall serve to vitiate, abridge, or impair those non-derogable, mandatory rights conferred upon consumers by Belgian statutory law with respect to:
  • Latent defects existing at the temporal juncture of conveyance and manifesting subsequently;
  • Manifest non-conformity between the merchandise and the contractual description, existing at the temporal juncture of conveyance.
In the event that the Vendee establishes, to the reasonable satisfaction of the Vendor, that such a defect or non-conformity subsisted at the temporal juncture of conveyance, the Vendor’s obligation and the Vendee’s remedy shall be strictly circumscribed to the minimal relief mandated by positive Belgian law. At the Vendor’s sole and absolute election, the Vendor shall either:
  1. Effectuate remedial reparation of the merchandise; OR
  2. Furnish a replacement article of equivalent value and quality.
The Vendee acknowledges and agrees that pecuniary restitution, rescission of contract, or price reduction shall not be available unless and until reparation or replacement is demonstrated to be objectively impossible or disproportionately burdensome — as determined conclusively by the Vendor. Defects arising from misuse, improper maintenance, laundering contrary to care instructions, unauthorised alteration, accidental damage, or ordinary wear and tear shall not qualify under this statutory exception.

ARTICLE VII — CIRCUMCRIPTION AND EXCLUSION OF LIABILITY

To the fullest latitude and extent permissible under Belgian law, the Vendor’s liability shall be severally, comprehensively, and stringently circumscribed as follows:

§ 7.1 EXCLUDED CATEGORIES OF DAMAGE

The Vendor shall not be liable for any indirect, incidental, consequential, punitive, exemplary, special, collateral, or derivative damages whatsoever — including but not limited to: foregone profits, loss of revenue, interruption of commerce, loss of reputation, loss of opportunity, emotional distress, or any pecuniary or non-pecuniary loss arising from any cause beyond the Vendor’s immediate and proximate control — even if apprised of the reasonable possibility of such damages.

§ 7.2 MAXIMUM AGGREGATE LIABILITY

Under no circumstance — notwithstanding the nature of the claim, the alleged breach, or the form of proceeding — shall the Vendor’s total aggregate liability for any and all claims arising from a single transaction exceed the total pecuniary consideration actually remitted by the Vendee to the Vendor for the specific merchandise giving rise to the claim. In no event shall liability extend to multiple, successive, or cumulative claims beyond that singular pecuniary limit.

§ 7.3 SPECIFIC EXEMPTIONS FROM LIABILITY

The Vendor shall be absolved of all liability for damage, deterioration, or defect attributable in whole or in part to:
  • Ordinary and customary wear and tear reasonably incident to the utilisation of apparel;
  • Misuse, abuse, improper utilisation, or employment of the merchandise for a purpose other than its intended design;
  • Laundering, cleaning, or maintenance performed contrary to the written instructions affixed to the merchandise;
  • Alteration, modification, repair, or tampering effected by any party other than the Vendor or its duly authorised agents;
  • Exposure to extreme conditions, chemical agents, excessive heat, moisture, or other deleterious environmental factors subsequent to conveyance;
  • Events of force majeure, acts of public enemies, sovereignal decrees, civil commotion, insurrection, labour disturbances, atmospheric phenomena, or any contingency whatsoever beyond the Vendor’s immediate and direct operational control;
  • Any act, omission, negligence, or default of the Vendee or any third party.

§ 7.4 NON-DEROGABLE EXCEPTIONS

No provision contained within this Article shall operate to exclude or limit the Vendor’s liability with respect to:
  • Bodily injury or death occasioned by the Vendor’s proven negligence;
  • Fraud or fraudulent misrepresentation;
  • Any other matter with respect to which liability cannot be lawfully excluded or limited under Belgian law.

ARTICLE VIII — INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

All trademarks, service marks, trade names, logos, insignia, graphic designs, typographic arrangements, original artwork, photographic imagery, textual content, aesthetic styling, and all other intellectual property appertaining to no CTRL — whether registered or unregistered — are the exclusive and absolute property of the Vendor. The Vendee shall not reproduce, copy, distribute, transmit, republish, display, license, alter, or otherwise exploit any such intellectual property for commercial, promotional, or any other purpose whatsoever, absent the Vendor’s prior explicit written consent. Unauthorised utilisation shall constitute an actionable infringement, entitling the Vendor to all remedies available under Belgian and international law.

ARTICLE IX — PRIVACY AND DATA PROCESSING

Personal data furnished by the Vendee in the course of commerce shall be processed in accordance with applicable Belgian and European data protection law. The Vendor shall utilise such data solely for the purposes of order fulfilment, administration, and communication concerning the contractual relationship. The Vendor shall not transfer personal data to third parties without consent, except as necessary for the performance of the contract or as required by law. The Vendor shall take reasonable organisational and technical measures to safeguard personal data from unauthorised access, disclosure, or loss.

ARTICLE X — GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

These Presents, and all contractual relations arising therefrom, shall be construed, governed, and enforced exclusively in accordance with the substantive and procedural law of the Kingdom of Belgium, to the exclusion of any conflict-of-law principles that might refer the matter to the jurisprudence of another jurisdiction.
Any controversy, claim, dispute, or difference arising out of or in connection with these Presents — including questions concerning their validity, interpretation, performance, or alleged breach — shall be submitted to the exclusive territorial and subject-matter jurisdiction of the competent courts and tribunals of Ghent, East Flanders, Belgium. The Vendee hereby irrevocably submits to such exclusive jurisdiction and waives any objection that such forum is inconvenient, improper, or non-competent — provided always that such stipulation shall not operate to waive any non-derogable statutory consumer protection rights which, by operation of imperative law, cannot be contracted away.

ARTICLE XI — GENERAL PROVISIONS, SEVERABILITY, AND FINAL CLAUSES

§ 11.1 SEVERABILITY AND SURVIVAL

Should any clause, covenant, or provision contained within these Presents be adjudged invalid, unlawful, or unenforceable by a competent judicial authority — in whole or in part — such adjudication shall operate only upon that specific clause, covenant, or provision, and the remainder of these Presents shall remain in full force, effect, and operation. The Vendor and the Vendee further agree that any such invalid provision shall be deemed automatically replaced by a valid and enforceable provision that most nearly approximates the original intent and economic purpose of the stricken clause.

§ 11.2 WAIVER AND ACQUIESCENCE

No delay, forbearance, omission, or indulgence by the Vendor in enforcing any right, power, or remedy under these Presents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof, or the exercise of any other right, power, or remedy. No waiver of any breach or default shall be construed as a waiver of any subsequent breach or default.

§ 11.3 HEADINGS AND CONSTRUCTION

Article and paragraph headings contained within these Presents are inserted solely for convenience of reference and shall not be construed as part of the substantive provisions hereof, nor shall they affect the interpretation or construction of any clause herein. These Presents have been fully negotiated by the parties, and no presumption of construction against the drafter shall apply in any proceeding arising hereunder.

§ 11.4 ENTIRE AGREEMENT

These Presents constitute the entire, complete, and exclusive agreement between the Vendor and the Vendee with respect to the subject matter hereof, and supersede all prior oral or written agreements, understandings, representations, or inducements — all of which are hereby acknowledged to have no legal force or effect.

§ 11.5 ELECTRONIC FORM AND VALIDITY

These Presents may be promulgated in electronic form, displayed upon a digital portal, or transmitted electronically. The Vendee acknowledges that electronic publication of these Presents carries the same legal force, validity, and binding effect as a duly executed written instrument bearing original signatures.

ARTICLE XII — CONTACT AND NOTIFICATION

All notices, demands, communications, or legal correspondence intended for the Vendor shall be transmitted in writing to:
no CTRL

Kortrijk, West Flanders

Kingdom of Belgium

Electronic mail: youmaydisobey@gmail.com
Notice shall be deemed effectively given upon transmission — if by electronic mail — or upon three calendar days following dispatch — if by post.
IN WITNESS WHEREOF, these Presents are promulgated and published as of the Effective Date first above written, and shall remain in full force and effect until duly amended or rescinded by the Vendor.