Terms and Conditions

1. Parties

The private company "Fitlab" – and its trade name "CurveCatch" – with company number BE 0765.265.068 and registered office at Rotterdamstraat 68 bus 201, 2060 Antwerp, registered in the Register of Legal Persons Antwerp, hereinafter referred to as "We".

Our contact details:
• Website: https://www.curvecatch.com
• Address: Rotterdamstraat 68 bus 201, 2060 Antwerp, Belgium
• Telephone: +32 460 23 66 64 (weekdays 10:00 – 16:00)
• Email: hello@curvecatch.com

and "You," being the natural person to whom we supply goods or services, intended for yourself or another beneficiary.

2. Validity

§1 These Conditions apply to every collaboration you enter into with us (whether or not through distance selling) in the broadest sense of the word.

§2 We do our best to inform you correctly about the applicable Conditions so that you can take notice of them and thus accept them. They are freely available on our Website, obtainable on request on a durable medium, and included as an attachment to various digital communications. For online purchases and payments, we also ask that you explicitly confirm your knowledge and acceptance via a mandatory click action.

§3 Promises, commitments, or deviating agreements, whether or not made by third parties, are only valid if we confirm them to you in writing.

§4 We may adjust our prices and conditions at any time. Minor adjustments (e.g., linguistic corrections) and legally required adjustments take effect immediately. For significant changes, we will first send you the updated conditions so that you can review and accept them. If you do not want to, you must object in writing. Without objection, the changed conditions automatically enter into force after 30 days, counting from our sending date. In case of objection, we will dissolve our collaboration, without either party owing the other any form of termination fee.

§5 If we were to make agreements or commitments that deviate from our usual operation or our Conditions, they are only valid after our written confirmation. These then take precedence over the provisions in these Conditions from which they deviate. The remaining provisions remain valid.

§6 If a provision is contrary to applicable legislation or is void, this does not affect the validity of the other provisions. The invalid or void provisions must then be considered as valid, with the result being as close as possible to the intended result of the invalid or void provision.

3. Offer

§1 We do our utmost to supply you with items that match your preferences and expectations. For this, we rely on the answers you give us via our online questionnaire and any feedback you provide.

§2 Our offer is always valid while stocks last. If an item appears to be no longer available, we may replace it with an equivalent alternative. We may also contact you to propose an alternative solution or to dissolve the purchase. In the latter case, we will refund your purchase, without additional compensation.

§3 Every online display of our offer is intended for illustration. Images may show elements that are not included in the price, and colours may differ from reality because they depend on your screen settings.

4. Ordering

§1 By placing an order, you automatically confirm that:
• You accept the Conditions, to the exclusion of your own terms;
• You accept the offer and the price associated with it;
• Every transaction may involve a payment obligation;
• You are of legal age and legally competent to place a valid order.

§2 We may accept or refuse orders at our discretion, for example, if an order appears fraudulent.

5. Order confirmation

§1 We confirm the receipt of every order. We do this with a written order confirmation via email. Unfortunately, we cannot guarantee the effective receipt of digital communications, for example, if an incorrect email address was entered. You accept that you cannot derive any rights from the non-receipt of communications. Please contact us if you expect a confirmation but have not received it so that we can send it again.

§2 Verbal or telephone orders are only valid after our written confirmation.

6. Cooling-off period and right of withdrawal

§1 For distance sales, you as a consumer have the right to withdraw from the purchase within 14 calendar days without costs and without giving reasons. The 14-day period starts on the day following the day on which you or a third party designated by you takes possession of the goods. If one order is delivered in different partial deliveries, the withdrawal period starts the day after you receive the last shipment.

§2 The right of withdrawal does not apply to:
• Goods of which the barcode tag was broken after delivery AND which may not be returned for reasons of hygiene (in accordance with Article VI.53, 5° of the Belgian Code of Economic Law - WER). For lingerie, we trust that you only try it on as you would in a physical store. Items that clearly show signs of use beyond mere trying on (e.g., stains, odours, damage) or of which the hygiene seal of the slip is broken, cannot be accepted for withdrawal, and there is no valid withdrawal.
• Goods that were made or adapted according to your specifications and/or are clearly personalized.
• Free gifts: Items added to your order free of charge as part of a promotional campaign (e.g., a welcome gift) cannot be exchanged or returned for a monetary refund. Should you decide to exercise your right of withdrawal for the entire paid order, we request that you return the free gift as well.

§3 To exercise your right of withdrawal:
• You must handle the received goods with care during the withdrawal period and only unpack and/or try them on to the extent necessary to determine whether you want to keep them or not;
• It is sufficient to notify us of your decision in writing within the 14-day period. You can use the withdrawal form in the appendix for this or draft an email or letter yourself. In any case, we confirm the receipt of your notification;
• You return the goods to us at your expense within 14 calendar days after your withdrawal notification. Such a return shipment can be easily arranged via your “Digital Fitting Room”. Thank you for returning the original packaging as much as possible, as this significantly simplifies our administration.

§4 In case of valid withdrawal:
• We will refund your purchase amount within 14 days after your withdrawal notification. If you choose a non-standard delivery, we will first deduct the possible additional cost compared to the standard delivery cost from the amount to be refunded.
• Note on bundle benefits: If you utilized a volume discount (e.g., 4+1 free) and decide to return only part of the order, the discount will be recalculated. You will be charged the standard price for the items you retain. Consequently, the refund amount will be reduced by the value of the discount originally received.
• The refund is made via the same payment method that you used for the original transaction (cash refund), unless this proves impossible or unless you explicitly agree to an alternative form of refund, such as a voucher/store credit. No costs or interest apply to refunds.
• We may postpone the refund until we have received the goods back or until you demonstrate that they have been returned, whichever is earlier.

7. Cancellation, force majeure, and dissolution

§1 If you wish to cancel an order, where the cancellation does not fall within the legal right of withdrawal, we ask you to report this as soon as possible. We will examine to what extent we can still cancel the order and delivery. We reserve the right to charge a fair cancellation fee of 10% of the order amount to compensate for costs already incurred (e.g., for reordering from our suppliers) and administrative costs.

§2 We may dissolve our agreement, without compensation, if we cannot fulfil our obligations due to temporary or permanent force majeure. Force majeure includes any situation over which we reasonably have no control, such as, but not limited to: fire, social unrest, war, pandemic, exceptional weather conditions, delayed or incorrect delivery by third parties, etc. We will refund what you have already paid and not yet been delivered.

§3 Parties may unilaterally dissolve the agreement without owing any compensation if the other party does not respect its contractual obligations or (re)payment obligation. Every intention to dissolve must be reported to the other party in writing.

8. Delivery

§1 We do our utmost to deliver your order to your home within 7 working days. If you have not received your package within this period, please contact us. This allows us to carry out the necessary checks and quickly propose a solution. You can track the status of the shipment via the CurveCatch status page and/or the track-and-trace emails you receive from our transport partner. For items that are not in stock and that we reorder specifically for you, the delivery time may be longer. In this case, we will confirm the estimated delivery time to you as soon as possible via email.

§2 Check when ordering whether you have entered the correct delivery address. You must notify us of holidays or changes of address as soon as possible via your CurveCatch Status page or hello@curvecatch.com. We may charge costs for new deliveries, whether or not due to incorrect addresses.

§3 We may entrust the delivery to a carrier of our choice and carry out deliveries in full or in partial deliveries.

§4 Check the condition and number of delivered items immediately upon receipt of the shipment. You must report any errors or defects to us as soon as possible and no later than 7 days after delivery for a solution in consultation.

§5 In Belgium and the Netherlands, we offer free delivery/return, provided you enter a correct address and carry out the return in the correct manner. We may refuse express deliveries or special requests or offer them against payment of a fixed delivery cost.

9. Retention of Title

§1 As long as the purchase price has not been paid, delivered goods remain our property. During this period:

• You must treat the goods with care;
• You may not alienate, lend, or trade the goods;
• You may not alter the nature of the goods.

§2 If you fail to meet your obligations or appear to be insolvent, we may dissolve the agreement and repossess the goods by collecting them ourselves or via an appointed carrier.

10. Warranty

§1 In accordance with Article 1649bis et seq. of the Civil Code, you have a guarantee for consumer goods for any lack of conformity that manifests itself within two years after purchase. Report any defects or faults as soon as possible and no later than 2 months after noticing them. Preferably do this with a clear description and photos so that we can organize a free exchange.

§2 In accordance with the law, any lack of conformity that manifests itself within the first year after delivery is presumed to have already existed at the time of delivery, unless we prove otherwise. Defects that manifest themselves between the thirteenth and twenty-fourth month (the second year) of the guarantee period, or after the entire legal guarantee period of two years, fall under the legal presumptions where the burden of proof lies with you.

§3 Warranty never applies to defects or faults resulting from your actions, such as negligence and/or abnormal or rough use.

11. Return Policy

§1 You can only return items for exchange or refund:
• That show no signs of use or discolouration;
• That you have washed correctly according to the instructions we provide;
• That have not been damaged by your actions;
• That were tried on in accordance with the customary hygiene rules;
• From which you have NOT removed the labels.

§2 In case of doubt about the above return conditions, we may charge the items concerned in full.

§3 Because we operate in an environmentally friendly manner and want to counter the disposable society, we try to give a second life to as many wearable items as possible. In certain cases, we may grant you a gift voucher for this, although we are not obliged to do so. In any case, we reserve the right to repossess returned items, donate them to a charity, offer them to second-hand shops, or destroy them.

§4 To request a return shipment, send an email to hello@curvecatch.com. We will provide you with the necessary information and return labels.

12. Prices

§1 All prices we display or communicate are in euros, including VAT and including all statutory taxes.

§2 The current price of delivered items can be found via the QR code in the box.

13. Deposit

§1 With every order, you pay a deposit of €25 which we settle as follows:
• For orders > €25, we immediately deduct the deposit from the amount to be paid online;
• We immediately settle any discount codes with the amount payable by you, in which the deposit is included;

§2 We will refund the deposit within 14 days after you have returned the goods in good condition. We may withhold the deposit if you do not.

§3 We will refund the amount of the deposit to you as soon as you have paid for the items you want to keep and have correctly returned the remaining items. The refund then takes place within 14 days of your payment and/or return.

14. Payment Method

§1 The person who places the order, according to the personal data entered during the online ordering process, is deemed to guarantee payment.

§2 In principle, payments are made online, unless we explicitly agree otherwise. Online payments are processed securely and professionally by payment provider Shopify, which encrypts all payment information. We do not have access to critical payment data ourselves.

§3 An invoice is only considered paid once we have received the amount in our account. The unsuccessful processing of a payment (for example, due to insufficient balance in your account or the premature interruption of an online payment process) does not give the right to defer payment. You must check yourself whether the payment has actually and correctly been debited from your account. We may postpone shipment until the payment has been received in our account.

15. Promotions, Discount Codes, and Gift Vouchers

§1 The conditions for temporary promotions or actions on specific products are clearly displayed with the offer concerned.

§2 For gift vouchers and online discount codes, the following applies:
• They are not exchangeable for money;
• They can only be redeemed once;
• They have a limited validity period. Afterwards, the value of the voucher expires without the possibility of exchange, extension, or refund. You may, however, request a one-time extension of the validity period, which we may allow or refuse, provided you ask for it before the validity period has expired;
• They cannot be combined; you can enter 1 discount code per order. You can use the others for a subsequent order;
• You will receive the voucher or discount code by e-mail at the address you provided.

§3 You can generate a referral link via your online account. If someone orders via this link, that person receives a €10 discount, which is automatically settled with the payment owed by him/her.

§4 We may also grant a discount code if you share a photo or video of your CurveCatch box on Facebook or Instagram via a post and/or story AND use the tag @CurveCatch. The conditions for this action are described in detail at https://www.curvecatch.com/kortingvoorjou.

16. Refund

§1 Refunds are always made as quickly as possible and no later than 14 calendar days. The standard refund is via the same payment method as was used for the original transaction (cash refund). If desired, you can explicitly opt for an alternative form of refund, such as an (incentivized) voucher/store credit.

§2 No interest or transaction costs are ever owed on refunds.

17. Invoice collection in accordance with Book XIX (WER)

§1 If you have not paid within the agreed term, for whatever reason, we will start a collection procedure in accordance with Book XIX (WER).

§2 We entrust invoice collection to our external collection partner Trivion, to whom we also transfer the necessary personal data for this purpose.

§3 After the payment term has been exceeded, we will first send you a free payment reminder. You will be given 14 calendar days to still pay the amount owed without additional costs. The term starts on the calendar day following the sending date of the free payment reminder by email on the third working day after sending by post. If you do not pay within the 14-day period, the amount owed will automatically increase with the following maximum collection costs:
• Default interest in accordance with Art. 5 of the Law of 2 August 2002 on combating late payment in commercial transactions.
• One-time lump-sum compensation
• €20.00 for claims less than or equal to €150.00
• €30.00 + 10% on the outstanding amount in the tranche between €150.01 and €500.00
• €65.00 + 5% on the outstanding amount in the tranche above €500.01 with a maximum of €2,000.00

§4 You have the right to:
• Request additional information about invoices and/or dispute them;
• Request a payment plan (which we may allow or refuse).
To exercise these rights, send us a written and motivated request no later than 14 calendar days after the sending date of the free payment reminder. In such a case, we or the collectors appointed by us will temporarily suspend the collection procedure in accordance with the legally defined terms of Book XIX of the Code of Economic Law.

§5 Attention: You must immediately report any debt mediation.

18. Reciprocity Clause

§1 In accordance with Art. VI.83 WER. 17°, you as a Customer-Consumer have the right to equivalent compensation if we fail to meet our obligations to you. The aforementioned collection costs therefore also apply if we pay you back too late.

19. Privacy Policy

§1 We take your privacy very seriously and never share the data we receive from you with others without your explicit consent.

§2 The data we collect and process from you are necessary for the execution of our agreement, the processing and delivery of orders, the handling of complaints, invoice collection, customer management, accounting, and direct marketing activities in accordance with the General Data Protection Regulation (GDPR) and Belgian legislation. The legal grounds are the execution of the agreement, the fulfillment of legal and regulatory obligations, and/or the legitimate interest.

§3 You are responsible for keeping any login details and passwords secret and not sharing them with others. We do not have access to this ourselves. You can request and change your password via the "forgot password" function.

§4 You have the right to:
• View or correct the personal data we store about you free of charge, subject to a written request and presentation of a valid proof of identity;
• Refuse the use of your data for direct marketing purposes;
• Request a copy of our privacy policy on a durable medium.

20. Intellectual Property

§1 All texts, images, photos, designs, etc., created by us remain our property. You may not use, copy, distribute, or share them with others without our permission.

§2 If we share information from other parties (e.g., from our suppliers), we only do this illustratively. We are not responsible for the content thereof.

21. Website

§1 We do our best to keep our website user-friendly, up-to-date, and secure. However, we are not liable for obvious typing errors, malfunctions, or the unintentional spread of viruses or malware. Thank you for certainly reporting such incidents to us so that we can take the necessary measures.

§2 If we offer hyperlinks to other websites or applications managed by third parties, you choose yourself whether to click these links or use these applications. You understand that we have no influence or control over their functionality, content, and their privacy or cookie policy.

22. Cookies

§1 Our website uses cookies. These are small text files that are placed on the hard drive of your computer, tablet, or mobile phone. We use these cookies, among other things, to keep track of anonymous visitor statistics, to simplify your next visit (for example, by saving your preferences in a shopping cart), and to show you customized offers.

§2 You can set yourself via your browser settings whether you allow cookies, whether you want to receive cookie warnings, or delete already installed cookies.

§3 By blocking cookies, it is possible that certain elements or images will not be loaded and displayed correctly.

23. Complaints

§1 We do our utmost to offer you the service and quality you deserve. Have we, unintentionally, disappointed you? Please let us know as soon as possible. Our preference is for personal contact, amicable consultation, and tailor-made solutions. If you still want to formulate a formal complaint, you do so in writing (preferably via email), after which we will confirm the receipt of the complaint to you within 30 days and then handle it as quickly and to the best of our ability.

24. Liability

§1 In accordance with Art. VI.83, 13° WER, we are only liable for direct damage that we cause through intentional serious faults, fraud, or non-compliance with our contractual obligations. If we depend on the cooperation, services, or deliveries by third parties for the execution of our obligations, we are liable for any damage that arises due to their fault.

§2 Our liability remains contractually and extra-contractually limited to the amount including VAT that you paid for the delivered item for which the liability is retained or to the amount that our insurance claim file pays out.

§3 Damage, complaints, or liability files do not exempt you from your payment obligation.

25. Disputes

§1 Belgian law applies. In case of disputes regarding the interpretation or execution of the agreement, exclusively the (Belgian) courts of the place of our registered office are competent.

§2 The Vienna Sales Convention is explicitly excluded.

ATTACHMENT: MODEL WITHDRAWAL FORM

To be used to withdraw from a purchase within the legal withdrawal period of 14 calendar days, counting from the date you received the delivery.
I wish to withdraw from the purchase described below.

• Order number / reference:
• Item description:
• Ordered on date:
• Delivered on date:
• Delivered at address:
• My name:
• My address:
• Account number for refund:
• Date & Signature:
  (only if you send this form by post)