ONLINE GENERAL TERMS AND CONDITIONS OF SALE
1. DESCRIPTION
These Terms and Conditions define the rights and obligations of the parties regarding the sale of fashion accessories via the website http://virginiechateau-shop.be. These Terms and Conditions govern all product sales made on the website.
1.2. These General Terms and Conditions of Sale are concluded between, on the one hand, Virginie Schimp, 8 Parvis St Pierre, 1180 Brussels, Belgium, affiliated with PRODUCTIONS ASSOCIEES ASBL, registered with the Belgian Crossroads Bank for Enterprises under number 0896.755.397 (VAT BE 0896.755.397), with its registered office at 70 Rue Emile Féron, 1060 Brussels, Belgium, hereinafter referred to as the “seller,” and on the other hand, the person placing an order, hereinafter referred to as the “buyer.” The buyer and the seller are hereinafter jointly referred to as the “parties.”
Any order implies prior consultation and express acceptance of these Terms and Conditions by the buyer, without this acceptance being conditional on a handwritten signature from the buyer. In accordance with the provisions of the law of July 9, 2001, establishing certain rules relating to the legal framework for electronic signatures, the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and serves as proof of the entire order and the enforceability of the sums due in execution of the order.
The buyer declares to have full legal capacity.
2. PRODUCTS/SERVICES FOR SALE
The products/services offered for sale are those listed on the website, with a description of their essential characteristics, on the day and at the time of the buyer’s consultation of the website, and within the limits of available stock. The seller employs all reasonable means to display the availability of products/services in real-time on the website, but cannot be held responsible if a product is no longer available to fulfill the order. In the event of unavailability of one of the ordered products/services, the buyer will be informed and will have the option to either modify their order or cancel it, in which case they will be refunded the amount of their order if payment has already been made.
3. DISPLAYED SALE PRICE OF PRODUCTS/SERVICES
The price of each product is displayed on the website in euros and includes VAT. This price is valid in countries where delivery is possible and does not include preparation and delivery costs, which are also borne by the buyer, nor the deduction of any discount or voucher granted to the buyer. The seller reserves the right to modify its prices at any time, but products/services will be invoiced based on the purchase price in effect at the time of the order.
3.2 When placing an order, the buyer agrees to pay, in addition to the purchase price of the ordered products/services, the preparation and delivery fees (hereinafter referred to as “fees”). These fees vary depending on the type and quantity of products/services ordered and the chosen delivery method, and are inclusive of VAT. The buyer can view the amount of these fees on the website by checking their “Cart,” where a calculation of the total amount corresponding to the purchase price of the products/services and the fees is displayed. The seller reserves the right to modify the amount of the fees at any time, but the fees will be charged based on the rates in effect at the time of the order. These fees remain due and will not be refunded if the buyer returns all or part of the order under their right of withdrawal.
Products/services are only delivered to countries for which the website authorizes delivery. Any erroneous delivery address is the responsibility of the buyer and may incur additional charges. The indicated delivery times are not binding but are given purely as an indication. No delay in delivery may give rise to the payment of damages to the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of goods, any sums paid by the buyer will be refunded without interest or compensation.
4. ORDERING PROCEDURES
To place an order, the buyer must complete the order form available on the website, on which they must include the information necessary for their identification, including their first name, last name, and delivery address. By doing so, the buyer declares to fully and unreservedly accept these Terms and Conditions and undertakes to pay the entire total amount due. The seller cannot be held responsible for the consequences of providing erroneous information.
4.2 The seller will confirm each order by sending an email notably mentioning:
1° the main characteristics of the ordered good or service;
2° the seller’s identity, including their company number and trade name;
3° the seller’s geographical address as well as their phone number, their email address;
4° the total price of the goods or services including all taxes and all additional transport, delivery, and other costs;
5° the payment, delivery, and execution terms and the date on which the company undertakes to deliver the goods or perform the services;
6° the procedures provided by the company for handling complaints;
7° the conditions, period, and procedures for exercising the right of withdrawal;
8° the conditions under which the consumer will not benefit from the right of withdrawal, as set out in art. 7 of the Terms and Conditions;
9° the existence of a two-year conformity guarantee (one year for second-hand products), as provided for by articles 1649bis to 1649octies of the Civil Code, and a hidden defects guarantee, provided for by articles 1641 to 1649 of the Civil Code, and by art. 10 of the Terms and Conditions;
10° the possibility of contacting the European dispute resolution platform to initiate an amicable settlement procedure.
11° where applicable, the existence of consumer after-sales assistance, after-sales service, and commercial guarantees, as well as the related conditions;
12° where applicable, the existence of applicable codes of conduct and how to obtain a copy thereof;
13° where applicable, the duration of the contract or, if it is an indefinite-term contract or one with automatic renewal, the conditions for terminating the contract;
14° where applicable, the minimum duration of the consumer’s obligations under the contract;
15° where applicable, the existence of a deposit or other financial guarantees to be paid or provided by the buyer;
16° where applicable, the functionalities of the digital content, including the applicable technical protection measures;
17° where applicable, any relevant interoperability of the digital content with certain hardware or software of which the seller is or should reasonably be aware.
The data recorded by the seller, as well as the order confirmation, will constitute proof of the contractual relationship between the parties.
4.3 The seller reserves the right to refuse or cancel any order or delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order, refusal of credit card payment authorization by banking institutions, or for any other valid reason. In such a case, the seller’s liability cannot, under any circumstances, be incurred.
5. PAYMENT METHODS
5.1 Payment for purchases is made by Visa or Mastercard credit card, “Maestro” debit card, or via Paypal.
5.2 Ordered products remain the property of the seller until full payment of the purchase price and fees indicated at the time of order.
6. DELIVERIES
6.1 Delivery is carried out by the seller worldwide. Any import taxes and fees are the responsibility of the buyer.
6.2 The order is delivered to the address indicated by the buyer.
6.3 For delivery in Belgium, the seller will make every effort to ensure that the order is dispatched to the delivery address within thirty working days following order validation and receipt of payment. The delivery person will present themselves at this address between 8 AM and 6 PM on working days, and will hand over the parcel(s) to the recipient or any other person present at the indicated address. In case of absence, a notice will be left at the delivery address. It will then be up to the buyer to contact the delivery person to arrange either a new delivery date to the same address, a new delivery date to a new address, or collection at the nearest Post Office. Failing to do so within 15 days from the date of the notice left by the delivery person, or if the buyer is absent during the new delivery, the order will automatically be returned to the seller, who will contact the buyer to schedule a new delivery of the order. In this case, additional delivery fees may be charged to the buyer.
6.4 For delivery outside Belgium, the seller will make every effort to ensure that the order is delivered within 45 days for the European Union and 60 days for countries outside the European Union, following order validation. The delivery terms will be specific to the postal services of the country concerned.
6.5 If the buyer has designated the delivery person, the transfer of risks to the buyer occurs when the ordered products are made available to the delivery person. Proof of this availability will be materialized by the control system used by the delivery person.
6.6 It is the buyer’s responsibility to check shipments upon arrival and to make any justified reservations and claims, or even to refuse the package if it appears to have been opened or shows obvious signs of damage. If there are any claims following receipt of the order, it is required to send an email to support@virginiechateau-shop.be with the subject “Delivery Claim,” including supporting photos, within 48 hours of receiving the order.
7. RIGHT OF WITHDRAWAL AND RETURN PROCEDURES
7.1 The buyer has a period of fourteen (14) calendar days, starting from the day after delivery, to withdraw from their purchase, without penalty and without stating reasons, in accordance with the Belgian Economic Law Code.
Within this period, the buyer must notify the seller of their intention to exercise their right of withdrawal, as follows:
– Send an email to support@virginiechateau-shop.be Notify buyer’s first and last name – Provide a detailed description of the item(s) concerned, with reference to the invoice number and date issued
or
– complete the form available on the FPS Economy website
7.2 Returns to the seller will be made to the address referenced on the parcel, unless otherwise instructed to the buyer, who must retain proof of shipment.
7.3 If the buyer wishes an exchange instead of a refund, they must specify this in the email, and the seller will inform them, in addition to the item’s availability, of any additional amount to pay or partial refund, if applicable.
7.4 All costs and risks associated with the return shipment of items are borne by the buyer.
7.5 In the event that the buyer exercises their right of withdrawal and returns the products no later than fourteen (14) days following the communication of their decision to withdraw according to the procedures agreed in the preceding paragraphs, the seller undertakes to refund the purchase price to the buyer upon receipt of the products by the seller.
7.6 In the event of a refund for returned products/services, the seller will credit the credit card used for payment of said products with an amount equivalent to their purchase price, reduced by the amount of any vouchers or discounts applied during the order. The buyer’s refund will be processed according to the terms agreed with the card-issuing banking institution.
7.7 The buyer cannot exercise their right of withdrawal if the delivered products have been used, damaged, have missing parts, or have had their labels removed.
7.8 Products must imperatively be returned properly protected, in their original packaging, in perfect resalable condition, accompanied by any accessories, instruction manual, etc. Otherwise, they cannot be taken back or exchanged.
7.9 Custom-made or personalized products/services cannot under any circumstances be taken back or exchanged.
7.10 Returned products that cannot be accepted back by the seller are held at the seller’s disposal for the buyer. The buyer remains obligated to pay their price. In the event of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.
7.11 The seller specifies on the website the conditions, period, and procedures for the right of withdrawal, as well as the withdrawal form template.
7.12 Possible existence and conditions of after-sales assistance, after-sales service, or an additional commercial guarantee
8. PRIVACY PROTECTION REGARDING BUYERS’ PERSONAL DATA
8.1 The seller collects personal data concerning buyers, which is communicated to them on the website or by email. The seller undertakes not to disclose this data to third parties. This data is confidential. It will only be used by its internal services for order processing, with the aim of strengthening and personalizing communication, particularly through newsletters/emails, as well as for personalizing the website based on observed buyer preferences, or for solvency monitoring.
8.2 The seller therefore does not sell, market, or rent buyer information to third parties. In the event of assignment or use of personal data by third parties, the seller undertakes to inform the buyer beforehand and to allow them to exercise their right to object. The seller may also provide statistics relating to its buyers, its sales, the structure of exchanges, and information on the website to third parties, but these statistics will not contain any personal data. However, this article cannot prevent the assignment or transfer of activities to a third party.
8.3. The seller retains personal data only for the duration necessary to achieve the specific purposes for which the processing is carried out. To determine the appropriate duration, the quantity, nature, and sensitivity of the personal data, the purposes for which it is processed, and the possibility of achieving these purposes by other means are taken into account. The need to comply with its legal and regulatory obligations is also taken into account. When the data is no longer necessary, it is destroyed.
8.4. Provided that the legal conditions are met, the buyer has the right to:
- request information to ascertain whether the seller holds personal information and, if so, what this information is and for what purposes it is processed;
- access their personal data and, if necessary, rectify it;
- obtain the erasure of this data or the restriction of its processing;
- lodge a complaint with the Data Protection Authority.
The buyer can exercise the rights mentioned above by means of a dated and signed request, accompanied, for security reasons, by a copy of their identity card. The request can be sent to the seller by post to the address … and by email to the address …. If the request is manifestly unfounded, access may be refused and reasonable fees may be charged.
9. LIABILITY
The seller only undertakes best efforts obligations for all stages of website access, ordering, delivery, or subsequent services. The seller cannot be held liable for any inconveniences or damages inherent to the use of the Internet, including service interruption, external intrusion, the presence of computer viruses, or any event that can be qualified as force majeure. In any event, the seller’s liability under these General Terms and Conditions shall not exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability.
10. LEGAL GUARANTEE OF CONFORMITY
Products/services are covered by the legal guarantee of conformity, as provided by articles 1649bis to 1649octies of the Civil Code, and the legal guarantee against hidden defects, as provided by articles 1641 to 1649 of the Civil Code. Among other things, the buyer has the right to obtain from the seller the free repair or replacement of products showing a lack of conformity within two years from their delivery (one year for second-hand products), provided that the request is submitted within two months from the discovery of the defect. If a defect appears within the first six months, the seller is presumed to be responsible. However, the seller can be released from liability by proving that the defect is due to misuse by the buyer. If a defect appears afterwards, the seller may ask the buyer to prove that it is a lack of conformity that existed at the time of delivery of the goods.
11. INTELLECTUAL PROPERTY
The content of the site, including the underlying technology, may be protected by copyright, trademark law, or other intellectual property rights. The seller authorizes the buyer to place a simple link on their own site directly referring to the seller’s site. However, any hyperlink referring to the site and using framing, in-line linking, or deep linking techniques is prohibited. In all cases, any link must be removed upon simple request from the seller.
12. CONTACT WITH THE SELLER
The buyer can contact the seller using the contact form available in the “Contact” section or via the email address support@virginiechateau-shop.be
13. SEVERABILITY AND ENTIRETY
If one or more provisions of the GTC are invalid, the other provisions will remain in full force and effect.
14. EVIDENCE
Computerized records, kept in the IT systems of the seller and its partners, will be considered as proof of communications, orders, and payments between the parties. The parties accept, within the framework of their relations, the principle of electronic evidence (for example: email, backups, etc.).
15. AMENDMENTS
The seller reserves the right to amend the GTC and will communicate the new version to the buyer via the site.
16. GOVERNING LAW AND COMPETENT COURTS
The GTC are subject to Belgian law. In case of dispute, an amicable solution will be sought before any legal action. The seller and the buyer also have the option to refer to the European dispute resolution platform. Failing an amicable settlement, the courts of the judicial district of Brussels will have jurisdiction.