Terms and Conditions of Sale
This website is managed as part of the 'PrimaDonna' brand by Van de Velde SA (hereinafter 'we'/'our'/'the Seller'), with registered office at Lageweg 4, 9260 Schellebelle, Belgium. We are registered with the BCE [Belgian Business Register] under number 0448.746.744. Our VAT number is 448.746.744. Contact us by e-mail at firstname.lastname@example.org or by telephone on +33 (0)1 83 79 94 79.
These Terms and Conditions are subject to change. Please therefore read them carefully each time you place an order.
The website is exclusively intended for sales to people with a valid delivery address in France. We do not accept orders from those without a valid delivery address in France; no deliveries will be made elsewhere. By placing an order on this website, you guarantee that:
· you are at least 18 years old and are legally capable of entering into a contract;
· you are providing a valid address in France for delivery of the products.
1. USE OF THE WEBSITE
The Terms and Conditions and all the documents referred to herein are designed to establish a legally binding agreement between you and us, protecting your rights as a consumer and our rights as a retailer. These Terms and Conditions therefore make up the entire agreement between us, and supersede any prior agreements.
If at any time during the term of this agreement, we do not require you to strictly follow your obligations under this agreement or these Terms and Conditions, in no way will the said rights or action be waived and you will still be required to comply with the said obligations. Any waiver of any action will only be effective if explicitly defined as such and notified to you in writing. If we do not take action in the event of non-compliance with any of the provisions of these Terms and Conditions, this does not mean we will not take action for subsequent fault.
2. CONCLUSION OF THE CONTRACT
When you place an order for products on this Website, by clicking 'Buy Now', your order constitutes an offer to purchase products on our Website.
We will then send you an e-mail confirming receipt of your order, with a reference number ('Order Confirmation'). However, this does not mean that your order has been accepted, given that our website does not constitute an offer of sale, only an invitation to negotiate. All orders are subject to acceptance. When your order is accepted, we will send you an e-mail confirming the dispatch of the products ('Dispatch Confirmation'). If we refuse an order, we will notify you by e-mail and, where applicable, will unfreeze the sum frozen as a guarantee on your credit card, or we will refund you the amount paid as soon as possible, in any case within 14 days of the Order Confirmation.
The contract ('Contract') for the purchase of a product only exists once we have accepted your order and only covers the products the dispatch of which we have confirmed in the Dispatch Confirmation. The contract has been drawn up in English.
We will not be obliged to deliver to you any other products forming part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
3. PRICES AND DELIVERY FEES
Except in the event of obvious errors, the product prices are as indicated on our Website at the time you click 'Add to Basket'. Prices include VAT. Delivery fees are not included. Delivery fees will be added to the total amount due in accordance with the Dispatch and Delivery section below. Delivery fees will be clearly specified in the basket and in the Order Confirmation.
Despite all our efforts, it is always possible that the prices of some products listed on our Website or the Delivery Fees may be incorrect. In that case, you will be informed of the error as soon as possible and you will be entitled to cancel your order at no cost to you. Any amounts relating to this order that have already been deducted from your account will be refunded as soon as possible, in any case within 14 days of the cancellation of the order.
a. Payment for all products must be made:
· by credit card (Visa, MasterCard, American Express)
· by Maestro (debit card)
· via PayPal
According to the value of your order, some payment methods may not be available. We work with a leading payment service provider, who guarantee complete online payment security and offer fraud protection.
b. If you pay by credit card, the amount will be automatically debited from your card when you receive the Order Confirmation. The amount will be charged when you receive the Dispatch Confirmation.
c. If you pay by debit card or via PayPal, the order amount will be debited when you receive the Order Confirmation.
d. We reserve the right not to proceed with delivery and to cancel your order if you have not paid for previous orders in full.
5. AVAILABILITY AND DELIVERY
We reserve the right to modify the information on the Website regarding product availability, at any time and without notice. We are unable to guarantee that all products on the Website will be available continuously at all times. Orders will be fulfilled subject to product availability.
We only deliver in France.
We will deliver the goods ordered to the delivery address you provide when you make an order on the Website.
The delivery will take place in accordance with the terms appearing on the pages shown after your order has been accepted.
In the event of unforeseen circumstances beyond our control (such as adverse weather, unforeseeable delays due to traffic, roadworks, diversions or mechanical breakdowns, beyond our control), we may not be able to deliver the goods on time. We cannot be held liable for delays or the inability to deliver goods where this is due in whole or in part to such circumstances. If the delivery cannot be made, we will mutually agree on a new delivery date.
In addition, we cannot be held liable for any delay in delivery if nobody is there to take delivery of the products. It is your responsibility to contact the post office or the courier company, where applicable, to agree the removal or delivery of the products that could not be delivered to you because you were not available.
6. TRANSFER OF RISKS AND OWNERSHIP
Ownership of goods ordered is transferred once they have been delivered and we have received payment in full. The risks and responsibility for the goods pass to you or to a person authorised by you when the goods have been delivered.
7. RIGHT TO CANCEL
Standard returns policy
You have a right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive the goods. Where your order comprises multiple delivery shipments, the 14 days cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment to you. To exercise your right to cancel you must inform Van de Velde NV of your decision to cancel per telephone or by sending us a unilateral declaration by e-mail or post using the contact data set out above.
Please take into account that the suggested returns procedure on our delivery and returns page, which is free of charge, is not obligated. If you wish, you can also use the Model withdraw form and send this together with the goods to the following address. In this case the return is at your expense: Van de Velde NV Returns Departement E-commerce PrimaDonna Meerbos 22 9260 Wichelen Belgium.
Following cancellation we will refund you the price paid for the cancelled order (or part of the ordered cancelled) less any collection or return charges (if any). We will also refund any standard delivery charges paid. In case you already made a payment to us, we will refund you once your return has been processed and not later than 14 days upon receipt of your return, provided your return has been accepted.
Without limiting your cancellation rights as set out above, if you are not satisfied with a product for any reason e.g. it is damaged or defective, please return the product to us. These goods may be sent back free of charge by returning them to us following the outlined returns instructions as mentioned on the delivery and returns page. Once we have acknowledged or confirmed the product’s defect or other problem, we will provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale. We will notify you of your refund for defective goods via e-mail within a reasonable period of time and will, in any case, refund you within 14 days of the day you sent the item(s) back to us, provided your return has been accepted.
In both cases (cancellation or defective goods) we will refund you using the same method of payment you initially used when placing your order. Where the goods show signs of unreasonable use, we reserve the right to withhold damages. For these goods, unreasonable use means handling the goods beyond what is reasonable to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop (f.e. removing labels). We may withhold any refund until we have received the goods or you have supplied proof of return for the goods. If at the time of purchase you received a discount on the full order, this discount is divided amongst the different articles pro rata the purchase price. If you return this order (partially), also the discount (partially) shall be taken into account and actual amount paid shall be refunded
8. LIABILITY LIMITATIONS AND DISCLAIMER
- For products purchased on our Website -
The extent of our liability with respect to the product purchased on the Website is strictly limited to the purchase price thereof.
Under these Terms and Conditions, our liability cannot be waived or limited:
a) In the event of death or bodily injury attributable to our negligence;
b) In the event of fraud or gross negligence by our employees or agents; or
c) In any other matter in which it would be unlawful or illegal for us to waive or limit our liability or attempt to do so.
All product descriptions, all information and all materials published on the Website are provided 'as is', with no explicit or implicit guarantee of any kind. Insofar as we are permitted by law, we decline any other guarantee, other than as required under consumer law.
Your rights as a consumer and your right to cancel the Contract as stated above remain unaffected by this clause.
- General liability disclaimer
While Van de Velde takes great care in the production and maintenance of this Website, Van de Velde is unable to provide explicit or implicit guarantees of any kind whatsoever regarding this Website and its content. Specifically, Van de Velde is unable to guarantee that the information contained in this Website is correct, accurate, complete, suitable for specific usage or up-to-date. Van de Velde is permitted to modify or delete information on this Website at any time without notice.
Other than to the extent permitted by law, Van de Velde rejects any explicit or implicit guarantee regarding the possibility of negotiation, quality, fitness for a specific purpose, compatibility, protection, accuracy and non-violation of intellectual property rights. Neither Van de Velde, its licensors, licence holders, service providers nor suppliers guarantee that this Website or any function hereof will work continuously or error-free, that faults will be rectified or that this Website or the servers providing access hereto is free of viruses or other malware. In addition, Van de Velde cannot be held liable for damage that may occur or are allegedly related in any way whatsoever to access to or use of this Website, including any damage caused to your hardware or software, including by viruses infecting your hardware or software as a result of access to or use of this Website. You are solely responsible for the use of appropriate antivirus software.
You explicitly accept (in the broadest legal sense of the term) that Van de Velde cannot be held liable for any exceptional or consecutive direct or indirect damage or incident. If you are not satisfied with any part of the Website or you do not accept any of these Terms and Conditions, your only recourse is to stop using this Website.
9. RETAIL OUTLET SELECTION IN THE 'STORE LOCATOR'
In the 'Store Locator' module ('Retail Outlets' section), visitors to the Website can locate the nearest retail outlets stocking Van de Velde brands to their chosen location. Simply enter a postcode or a place name. Depending on the density of distribution and the location of retail outlets, automatic selection takes place according to the criteria below:
If there are 10 or more results in the city or municipality specified: all retail outlets in the city or municipality are listed. The radius of the area searched is not increased.
If the search returns fewer than 10 results, the radius of the area searched is extended to the surrounding region. The radius starts at 9 km from the area specified in the search and increases in steps of 5 km.
The search radius stops extending when the number of results reaches or exceeds 5 (including 'exact' results) or the radius is equal to or greater than 50 km.
The radius in the region selected uses distance as the crow flies and covers all postcodes forming part of the area. All stores in the central Van de Velde client database with one of these postcodes are listed (even if they are not strictly in the geographical area bounded by the specified radius).
In the 'Store Locator', Van de Velde strives not to only display retail outlets offering a minimum range. The tool is also aimed at providing the consumer with an indication of the presence of brand products at each retail outlet. The assessment criteria are objective and unambiguous, and are based on both breadth and depth of the offer. The exact nature of these criteria is communicated to Van de Velde clients, who may at any time request the detailed figures used for their assessment. Given the confidentiality of this information, Van de Velde does not provide exact figures, nor numerical or detailed assessment of a store according to these criteria.
9. EVENTS BEYOND OUR CONTROL
We cannot be held liable for any delay in the delivery of goods ordered due to events or circumstances beyond our control, including but not limited to: strikes, lock-outs and other industrial relations disputes, system failure or network outage, floods, fires or explosions.
10. INTELLECTUAL PROPERTY RIGHTS
By using this Website, you acknowledge that it contains text, layouts, photographs, illustrations, drawings, graphics and other elements ('Content') that are protected by copyright, database rights, trademarks, trade secrets and/or other property rights. All content is protected by the applicable copyright laws governing the copyrights held by Van de Velde regarding the selection, co-ordination, classification and improvement of such content.
Business partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also hold property rights over the content they make available on this Website. The content of the database is also protected by the exclusive right of the author of the database, whereby the said author is entitled to prohibit the recovery and/or re-use of all or part of the database content.
Reproduction, adaptation, modification, translation, dissemination, publication, display, licensing, use in the production of derivative works or any other use of all or part of the Content in any way and by any means whatsoever is prohibited without prior written authorisation from Van de Velde.
Unless otherwise stated, Van de Velde grants the non-exclusive, non-transferable right to use and reproduce this Website and its content for your personal, non-commercial use, subject to these Terms and Conditions. You do not become the owner of the Content displayed on your computer. Modification or use of the Content for other purposes, especially use of the Content in printed form, on another Website or network environment is strictly prohibited without prior authorisation.
By using this Website, you agree not to use an engine, a spider or other automated or manual processes to check or copy the pages of this Website or any of the content of this Website without prior written authorisation from Van de Velde. You agree not to use any media, software or process to interfere or attempt to interfere with the proper functioning of this Website. You also agree not to take any measure that could generate an unreasonable or disproportionate burden on the Website infrastructure.11. Trademarks, trade names and logos
All names, logos and other signs used on this Website, including the names 'Rigby & Peller', 'Marie Jo', 'Marie Jo L'Aventure', 'Sarda by Andres Sarda', 'PrimaDonna Twist' and 'PrimaDonna', are trademarks and/or trade names of Van de Velde, associated companies or third parties. Any use of these or similar signs is prohibited without prior written authorisation from Van de Velde or the rights holder.
This Website may include hyperlinks to other Websites deemed of potential interest to you, but partly or jointly controlled or managed by a third party. These links are provided only for your convenience and information.
Van de Velde does not check the content of these external websites. If you choose to click on these hyperlinks, you do so at your own risk. Van de Velde is in no way responsible for these third-party websites. Provision by Van de Velde of a link to a third-party site does not imply approval or funding by Van de Velde or its affiliation with that third party. Any reference to third-party products or services is provided only for your convenience and information and does not entail Van de Velde approval or recommendation of those products or services. Van de Velde cannot be held responsible for future changes to linked Websites.
You agree to indemnify and on request from Van de Velde, defend Van de Velde, its directors, employees, shareholders and representatives from third-party claims and/or costs (including but not limited to: reasonable legal fees) resulting from improper use of our Website, your breach of these Terms and Conditions or any other breach of user, intellectual property or any other rights of a person or entity.
14. OTHER PROVISIONS
If any provision of these Terms and Conditions is unlawful, invalid or for any other inexplicable reason, these Terms and Conditions will be interpreted as if the unlawful, invalid or unenforceable provision had never been included, and Van de Velde is entitled to delete the said provision from these Terms and Conditions without affecting the validity or enforceability of the other provisions. These Terms and Conditions make up the entire agreement between you and Van de Velde concerning the Content.
If you have any questions or concerns, please contact Van de Velde at email@example.com or at the postal address above.
15. WRITTEN COMMUNICATION
All correspondence you send to us must be addressed to the contact details above. We may contact you at the e-mail address you provided to us when making an order. Correspondence will be deemed duly received and served 24 hours after an e-mail is sent or three days after the mailing of a letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and sent by post and, in the case of an e-mail, that the said e-mail was sent to the e-mail address specified by the recipient.
16. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by Belgian law. Any Contract entered into via this Website will be governed by Belgian law. Any dispute concerning this Website or these Terms and Conditions of Use will be under the exclusive jurisdiction of the Courts of Dendermonde, Belgium.
Please note that you may also use the European Online Dispute Resolution Platform, at http://ec.europa.eu/odr/. We are prepared to participate in extra-judicial dispute resolution. The competent authority in France is the Association nationale des médiateurs [National Ombudsman Association] (http://www.anm-conso.com).
Model form for revocation
(only fill in and return this form if you wish to revoke the agreement)
— I hereby inform you that I revoke our agreement regarding the sale of the following goods
— Ordered on
— Order number
— Name and first name