Terms of service
General terms and conditions
Business information
Xrosswind bv
Icarus
Kustlaan 166, 8380 Zeebrugge, Belgium
+32/50/67.32.08
BE 0507.680.479, RPR Brugge
Article 1: General provisions
The e-commerce website of Xrosswind, a bv with its registered office at Kustlaan 166, 8380 Zeebrugge, VAT BE 0507.680.479, RPR Brugge (hereinafter “ICARUS”) 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 ICARUS, the Customer must explicitly accept these Terms, whereby the 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 ICARUS.
Article 2: Price
For customers accessing the website from within the European Union VAT Territory, all prices displayed are in Euros and include VAT as well as any other applicable duties or taxes that the customer is responsible for.
For customers accessing the website from outside the European Union VAT Territory, prices are displayed in your local currency and exclude VAT.
Please note that you may be subject to certain duties or taxes upon the importation of goods into your country.
Any shipping, reservation or administration fees that are charged are 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 ICARUS. With respect to the accuracy and completeness of the provided information, ICARUS is solely bound to an obligation of means. ICARUS is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we kindly request 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The product selection is valid while stocks last and may at any time be changed or withdrawn by ICARUS. ICARUS 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
Your order is complete and the contract between us is final once we confirm your order by e-mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card.
ICARUS accepts Creditcard, Bancontact, PayPal, Ideal, bank transfer. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.
In order to purchase a product, the Customer first adds it to the shopping basket. Afterwards, the Customer must submit contact details and billing data. Next, the Customer chooses its preferred way of delivery. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.
ICARUS 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
Products ordered via this webshop will be delivered in Europe. Deliveries outside Europe have to be requested by mail (info@icarus.eu). We try our very best to deliver anywhere else our clients desire.
Delivery occurs by package services: UPS, DHL, FedEx, Bpost or DPD, depending on the country of delivery.
The following charges apply:
- In Belgium, Netherlands, Germany, Luxembourg:
- 0 – 50 EUR = 9 EUR
- + 50 EUR = FREE
- In Austria, Czechia, Denmark, France, Hungary, Ireland, Italy, Latvia, Lithuania, Poland, Slovakia, Slovenia, Sweden, United Kingdom, Bulgaria, Croatia, Estonia, Finland, Greece, Norway, Portugal, Romania, Spain, Switzerland:
- 0 – 50 EUR = 19 EUR
- 50 - 150 EUR = 13 EUR
- 150 – 200 EUR = 8 EUR
- + 200 EUR = FREE
- Other countries: Please request a quote via info@icarus.eu
In case of surfboards and wingboards, additional charges may apply.
Packages are typically delivered:
If coming from our own shops/warehouses in Oostende/Zeebrugg:
- Within 2 days in Belgium, Netherlands
- Within 4-5 days in Europe
- Outside Europe = variable
If coming from third party, online warehouses:
- 10 days in Europe (Mystic, North)
- 5 days in Europe (Duotone, Ion, Naish, Prolimit)
(It is clearly stated on the website whether the package comes from these online warehouses. We cannot guarantee these delivery times, as we depend on third parties.)
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered within the legal term of 30 days of receipt of the order. If it is not possible within that period, the Customer may dissolve the agreement free of charge, unless otherwise agreed or communicated.
All goods are delivered to the address provided by the Customer or be made available for pick up in one of our shops, as chosen by the Customer during the order process.
ICARUS cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter. In such cases the liability of ICARUS remains limited to the value of the goods of which it is shown that they were not received by the Customer.
If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods ordered, the Customer has to report this as quickly as possible and in any case within 3 days. Subsequently, the Customer has to send the goods back within 14 calendar days after delivery.
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 ICARUS.
Article 6: Retention of title
Delivered articles remain the exclusive property of ICARUS 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 ICARUS, 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 ICARUS.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without stating a reason.
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; or
- when the last of the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier; or
- when the last shipment or last part has been 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 ICARUS (info@icarus.eu) in an unambiguous statement (e.g. in writing by post or e-mail) 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 must send back or hand over the goods to ICARUS within 14 calendar days from the day that it notifies ICARUS of its decision to withdraw from the agreement. The goods must be sent before the period of 14 calendar days has expired.
The costs for returning the goods shall be borne by the Customer. If the nature of the goods does not allow them to be returned in the normal manner via post (e.g. large surfboards, etc.), the costs for returning the goods are estimated to amount to approximately:
- 10 EUR in BeNeLux
- 20 EUR in Europe.
All products should be returned in the original state and packaging, along with all accessories, instructions and sales receipts. If the returned product is reduced in value in any way, ICARUS is entitled to hold the Customer liable and withhold 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.
All returned products will be inspected carefully. The basic principle is that the Customer may only check the products as he would be allowed to do in a physical store. Products may be inspected, but must not have been used. When an article has undergone a decrease in value due to the use of the Customer, this will be charged to the Customer.
If the Customer withdraws from the agreement, ICARUS shall repay payments received from the Customer, including and limited to the standard shipment costs, within a maximum of 14 calendar days of the date that ICARUS was notified by the Customer of its decision to withdraw from the agreement. ICARUS may wait with 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.
Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by ICARUS will not be refunded.
ICARUS 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:
- the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
- the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery.
Article 8: 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.
The legal term of 2 years is shortened to 1 year guarantee for second-hand goods sold by ICARUS.
To make a claim under related to the legal guarantee, the Customer must provide proof of purchase. Customers are advised to retain the original receipt and packaging used for the goods.
For articles purchased online, the Customer must contact the ICARUS customer service and return the product at their own expense to ICARUS.
Upon detection of a deficiency, the Customer must inform ICARUS 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 is 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.
Article 9: Customer service
ICARUS customer service can be reached at phone number +32/456/542.286, via e-mail at info@icarus.eu. Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that ICARUS 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, ICARUS is entitled to take back the unpaid or incompletely paid for articles.
Article 11: Privacy
ICARUS respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.
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.
For more information, see our Privacy Policy.
Article 12: 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 13: 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 ICARUS 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 14: 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 ICARUS. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: 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.
The courts of the Consumer's place of residence are competent in case of legal disputes. The Consumer can also turn to the ODR platform provided by the European Commission for online dispute resolution (http://ec.europa.eu/consumers/odr/).
In case the Customer is not a consumer, only the courts of the Ghent district have jurisdiction in the case of any disputes.
appendix - withdrawal form
Dear Customer, you should only complete this form and return it should you want to withdraw from the agreement.
To Xrosswind bv
Icarus
Kustlaan 166, 8380 Zeebrugge, Belgium
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) :
Date:
(*) = strike out what is not applicable.