General conditions
Content
Part 1: Sales, delivery and payment terms for online bridal accessories
· Article 1: General Terms and Conditions
· Article 2: Price
· Article 3: Offer
· Article 4: Placing an order online
· Article 5: Payment
· Article 6: Processing of the order
· Article 7: Delivery
· Article 8: Retention of title
· Article 9: Right of withdrawal and return
Part 2: Sales, delivery and payment terms for wedding dresses and custom work
· Article 1: Definitions
· Article 2: Applicability
· Article 3: Offers
· Article 4: Prepayment
· Article 5: Exchange
· Article 6: Cancellation
· Article 7: Retention of title and right of retention
Part 3: General
· Article 1: Dissolution, conversion and force majeure
· Article 2: Delivery period
· Article 3: Guarantees
· Article 4: Payment
· Article 5: Legal interest and extrajudicial costs
· Article 6: Consequences of dissolution
· Article 7: Complaints
· Article 8: Customer Service
· Article 9: Force majeure
· Article 10: Privacy
· Article 11: Use of cookies
· Article 12: Violation of validity - non-cancellation
· Article 13: Evidence
· Article 14: Applicable law - Disputes
Part 1: Sales, delivery and payment terms for online bridal accessories
Article 1: General Terms and Conditions
These Terms and Conditions ("Terms") apply to all orders and sales transactions placed by a visitor of the e-commerce website www.thedress.be ("Customer") regarding on the website www.thedress.be offered products ("Product (s)"). The website www.thedress.be is owned and managed by a professional activity with its registered office at Frilinglei 127, 2930 Brasschaat, Belgium, VAT BE 879068240 ("Seller"), acting as a salesman of the products
When placing an order through www.thedress.be, the Customer automatically accepts these Terms and Conditions, as well as the applicability of these Terms, excluding all other terms. The seller reserves the right to change these terms of sale. Such changes relate only to orders placed after date of change of these terms. Additional terms of the Customer are excluded, unless previously agreed in writing and expressly accepted by the seller.
Article 2: Price
All prices quoted are expressed in euro, including VAT.
Although the web shop www.thedress.be was set up with the utmost care, the prices may contain errors. All prices shown incorrectly will be changed as soon as possible and are not binding.
If delivery, reservation or administrative costs are charged, this will be shown separately when placing the order. The delivery is covered in Article 7.
The price only refers to the products as described in the word description. The accompanying pictures are decorative and may include elements that are not included in the price.
Article 3: Supply
Despite the fact that the online catalogue and e-commerce website are compiled with the utmost care, it is possible that the information offered is incomplete, contains material errors, or is not up to date. Apparent mistakes or errors in the offer do not bind The Dress. Regarding the accuracy and completeness of the given information, The Dress is only held to an obligation of means. The Dress is by no means liable in case of manifest material errors, typing or printing errors.
The presentation of the colours of the products may vary according to the settings of the PC/tablet/smart phone of the visitor, as well as the graphics card of the website. The presented colours may differ from the true colours of the products.
If Customer has specific questions about e.g. sizes, colour, availability, delivery period or delivery method, we ask the Customer to contact our customer service in advance.
The offer is subject to availability and may be modified or withdrawn by The Dress at any time. The Dress cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
Article 4: Placing an order online
To place an order on www.thedress.be, the following conditions must be met:
- The customer informs us of name, address, e-mail address, payment information and other necessary information;
- The customer is at least 18 years old;
- In case of payment via a debit card, the Customer must be the rightful owner of the payment card or an authorized payment card holder to purchase products.
When the Customer creates a personal account, she also needs to create a personal user name (email address) and password. This password must be protected at all times cannot be passed. The customer will be held responsible for all purchases made through her e-mail address and password.
The ordering process at www.thedress.be is as follows:
1. The Customer chooses the desired products;
2. The Customer specifies the payment information and chooses a shipping address;
3. Approval of payment;
4. The Dress sends a confirmation of receipt of the order by e-mail as soon as the payment has been processed;
5. The Dress receives the payment;
6. The Dress sends the products;
7. The Customer receives the products
Article 5: Payment
For processing online payments, The Dress works with Mollie, a well-known provider, known for its reliability and user-friendliness. The Dress does not have access to Customer's confidential payment information. Payment only takes place through an approved payment card. Payment card details must be provided when placing an order. Delivery of the ordered products will only take place if the card issuer has approved the use of the card for payment of the ordered products.
Article 6: Processing of the order
Orders placed on www.thedress.be are not binding to the seller. They will only become binding once the seller has accepted the order. He has the right to refuse the order for any reason.
Upon receipt of the order, the seller sends an e-mail confirming receipt mentioning the order number and details of the ordered products. This confirmation of receipt does not mean that the order was accepted. The acceptance of the order and the completion of the sales agreement will take place as and when the ordered products are shipped. After shipment of the products, the seller reserves the right to cancel the order as long as the products have not yet been received.
The seller is entitled to refuse an order:
- If there is a technical error or a price error on www.thedress.be at the time of the order;
- If the ordered product is not available (notification by email);
- If the specified payment information is incorrect or incompatible;
- If the security system indicates that the order is abnormal or possibly fraudulent;
- If there is reason to believe that the buyer is under 18 years old.
In case of refusal or cancellation of an order for any of the above reasons, payment for the products and delivery will be refunded.
Article 7: Delivery
As soon as the payment for the order is received and the order is accepted, the seller will proceed to the shipment of the products. The seller attempts to send the ordered products within a maximum of 2 weeks after receipt of the order. Each indicated delivery period must be considered as a non-binding estimate and not as an obligation to get the products at the estimated delivery time with the customer.
Delivery is done by Bpost. If 10 days after the delivery of the package at the post office, the package was not received by the customer, she is requested to contact the customer service at info@thedress.be, for further assistance.
The applicable shipping costs will be shown in the shopping cart.
Within 2 weeks after delivery, the customer must check if he has received the products in good condition and whether the order is complete. Any visible damage and / or qualitative defect of an item or other defect in delivery must be reported immediately.
In the event that the customer unnecessarily prolongs the delivery or receipt of the products, after the Seller has informed her that they have attempted to deliver the products or if the customer submits an incorrect delivery address, the Seller will assume that the customer exercises his right of withdrawal and will return the payment for the products (according to our return policy).
The risk of loss or damage is transferred to the Customer from the moment he has physical possession of the products. However, the risk is already transferred to the Customer upon delivery to the carrier, if the Customer has instructed a carrier to transport the goods and this choice was not offered by the seller.
De Klant verbindt er zich toe zo nodig derden op het eigendomsvoorbehoud van The Dress te wijzen, bv. aan eenieder die op de nog niet geheel betaalde producten beslag zou komen leggen.
Article 8: Retention of title
Until the time of full payment by the Customer, the delivered products remain the exclusive property of The Dress.
The Customer undertakes to designate third parties to the property's preservation of title, for example, to anyone who will try to confiscate the products when they are not yet fully paid.
Article 9: Right of withdrawal and return
The provisions of this article only apply to Customers qualified as consumers who buy online goods at The Dress.
The Customer has the right to revoke the agreement within a period of 14 calendar days without giving any reason. In order to exercise the right of withdrawal, the Customer must inform us via e-mail at info@thedress.be within 14 calendar days of his decision to terminate the agreement. The withdrawal period expires 14 calendar days after the date on which the Customer or a third party designated by the Customer, who is not the carrier, is physically in possession of the goods.
In order to exercise the right of withdrawal, the Customer must revoke the agreement with The Dress, (Donksesteenweg 212, 2930 Brasschaat, info@thedress.be) through an unambiguous statement (eg by mail, fax or e-mail) of her decision to. The Customer may use the attached model form for revocation, but is not required for this purpose.
The Customer must have notified the Products to Donksesteenweg 252, 2930 Brasschaat Belgium without delay, but not later than 14 calendar days after the date of his decision to withdraw the agreement. The Customer is on time when he returns the products before the 14 calendar days have elapsed.
The customer also has the right to return the Products purchased on the website www.thedress.be, if they are defective. In this case, he must submit a request to our customer service as soon as possible after delivery (max 14 days). If our Customer Service approves this request, they will provide the necessary instructions by e-mail for the return.
The direct cost of returning the products will be borne by the Customer.
If the returned product is in some way reduced in value, the seller reserves the right to claim the Customer and to claim compensation for any diminished value of the products resulting from use of the Product by the Customer, going beyond what is necessary to determine the nature, characteristics and functioning of the products.
Only products that are unused, undamaged and unwashed and contained in original packaging with the original label attached together with all accessories, instructions for use and invoice or purchase receipt, may be returned. For reasons of hygiene, lingerie is not taken back. Products with stains will not be accepted. Products in sale can not be returned.
If the Customer cancels the sales agreement, the Seller will refund to the Customer all payments received, not including delivery costs, within a maximum of 14 calendar days after receiving all products in the original condition. All related costs are at the expense of the customer.
The Seller will refund the Customer with the same means of payment that Customer has made at the original transaction, unless the Customer expressly agreed otherwise.
Part 2: Sales, delivery and payment terms for wedding dresses and custom-made items
Article 1: Definitions
In these terms and conditions we mean by:
A. Seller: The Dress
B. Consumer: a natural person who, as a customer, does not act in the pursuit of occupation or business as a customer, reduces or fails to make bridal fashions and / or custom goods at the entrepreneur
Article 2: Applicability
These terms and conditions apply to purchase agreements and agreements for the making or altering of bridal and / or custom items that are concluded between seller and consumer.
Article 3: Offers
Unless otherwise stated or otherwise agreed, offer are valid for two weeks from the date of receipt.
Article 4: Prepayment
The seller is entitled to request a prepayment of up to 70% of the purchase price when entering into the agreement. If a purchase amount is paid then the seller will provide the consumer with a receipt and certificate of ownership.
In the absence of a written agreement and/or receipt/certificate of ownership, the total of the amount to be paid, the amount already paid, and/or the ownership can be legally proven by parties by any means.
Article 5: Exchange
When you make a purchase in a store, you make a final commitment and you can not return on your decision. (Http://economie.fgov.be/en/consument/Handelspraktijken/Conceptions/#.WZwCr4VOKhc). The wedding gowns are not sold online, as they are always tailor made.
Thus there can be no exchange of fashionable and/or customized items, which are individualized, that is, tailor made or otherwise adapted to the consumer, and for items ordered by the seller at the explicit request of the consumer.
Article 6: Cancellation
1. Cancellation of the consumer’s marriage for any reason whatsoever is entirely the consumer's risk, and does not in any way neglect her from her contractual obligations arising from the purchase agreement with the seller.
2. In the event that the bridal dress has already been ordered and/or cut, the additional (alteration) costs incurred after the conclusion of the purchase agreement regarding changes in the size (eg due to consumer pregnancy) are entirely borne by the consumer.
Article 7: Retention of title and right of retention
1. The seller may reserve the property for all the bridal fitting and / or custom items she supplied. The consumer will only become the owner if she has fully paid the seller the purchase price and the possible extra costs.
2. The seller may exercise the right of retention (withholding) when the consumer fails to fulfil a claimable obligation, unless the shortcoming does not justify this retention.
Part 3: General
Article 1: dissolution, conversion and force majeure
1. Any failure of the seller in fulfilling her obligations, gives the consumer the right to dissolve the agreement in whole or in part unless the defect, in view of its particular nature or minor significance, does not justify its dissolution with its consequences. Insofar as compliance is not permanently or temporarily impossible, the right to dissolve will not arise unless the defaulting party is in default.
2. When the seller is in default, the consumer may notify him in writing to demand replacement damages instead of compliance unless the shortcoming - in view of its minor meaning - does not justify it.
3. Force majeure means any shortcoming of the seller for causes that could not be anticipated and/or are beyond her control. These causes usually include act of God, act of man, act of parliament, and other impersonal events or occurrences.
4. The consumer shall be informed in writing as soon as possible by the seller of the force majeure, unless the consumer's address has not been disclosed to the seller nor reasonably known.
Article 2: Delivery period
1. Delivery shall be deemed to have taken place at the time when the seller delivers to the consumer the purchased bridal dress, accessories and/or customized items, or at the time he is able to deliver after a written notice of default in case of refusal to accept. After delivery, the risk of the goods is passed on to the consumer.
2. The delivery period is a deadline, unless parties have a presumed deadline.
3. In the event of a breach of the agreed or probable delivery period, the consumer must fail the seller in writing, providing a reasonable time limit for compliance. Under reasonable terms is understood, the original estimated delivery period plus a maximum of one month. If the seller does not deliver within this term, the consumer has the right to terminate the agreement without judicial intervention and/ or to claim damages. The seller is only liable to compensate for damage which may be attributed to him, given the nature of the liability and the nature of the damage.
4. In the event of exceeding the deadline for delivery, the consumer has the right to terminate the agreement and/or claim compensation, without proof of default or judicial intervention, upon submission of proof of such damage.
5. A notice of default is not necessary if the delivery has become permanently impossible or otherwise if it is undeniably clear that the seller will not fulfil his obligations under the purchase agreement.
Article 3: Guarantees
1. The seller ensures that the bridal fitting and or custom items delivered, correspond to the agreement (compliance). In addition, the entrepreneur assumes that the delivered goods possess all the characteristics considered necessary for normal use as well as for a particular use as agreed.
2. However, the entrepreneur is not liable for defects and consequential damages arising from the delivery of the bridal items as a result of improper use or lack of care or resulting from changes or repairs that the consumer or third parties have applied to the delivered goods.
Article 4: Payment
The amount owed to the seller must be paid immediately upon delivery by bancontact or online via Mollie unless otherwise agreed.
Article 5: Legal interest and extrajudicial costs
1. In case of late payment of a due amount, the seller has the right to charge the legal interest from the date of commencement of the failure pursuant to Article 11 of these conditions until the date of payment.
2. The extrajudicial costs incurred by the seller with a minimum of € 35 shall be borne by the consumer.
Article 6: consequences of dissolution
Upon termination of the agreement, the parties must immediately reverse the already performed performance, such as a prepayment. The seller is entitled to fully hold the due sum in case the consumer has worn the purchased bridal dress and/or customised items.
Article 7: Complaints
1. Complaints about defects in purchased items and/or other complaints about shortcomings in the implementation of the agreement must be submitted to the seller as soon as possible but not later than 2 weeks after delivery or implementation.
2. The consumer must notify the seller in writing of his complaints.
3. At the request of the seller, the consumer must be able to demonstrate that the agreement to which the complaint relates, relates to this entrepreneur. To this end, the consumer is advised to keep the proof of purchase or the order of the wedding dress and/or the purchased items.
Article 8: Customer Service
The Dress customer service is available via e-mail at info@thedress.be. Any complaints may be directed towards this. We will answer within 48 hours.
Article 9: Force majeure
The Dress will take all necessary actions to fulfil its obligations. However, The Dress can not be held liable for delay or non-performance of its obligations in case of force majeure. In case of a delay, the relevant obligation will be executed as soon as possible.
Article 10: Privacy
Regarding the protection of privacy in the processing of personal data The Dress respects the Belgian law of 8 December 1992.
The personal data communicated by the Customer will only be used for the following purposes: the execution of the contract, the processing and sending of the order, the sending of newsletters for which the Customer subscribed, advertising and/or marketing purposes.
The Customer has a legal right to access and eventual correction of her personal data. Provided proof of identity (copy ID) and written, dated and signed application, the customer can obtain, free of charge, the written notice of her personal data at The Dress. If necessary, the Customer may also ask to adjust the information that would be incorrect, not complete or not pertinent.
The customer can oppose free of charge to the use of her data for direct marketing purposes. To this end, the Customer can always turn to The Dress at info@thedress.be.
The Dress treats all data as confidential information and will not pass them on, rent or sell to third parties.
The customer is responsible for the confidentiality of her log information and the use of her password. The password will be encrypted, so The Dress will not have access to customer’s password.
The Dress keeps online (anonymous) visitor statistics to see which pages of the website are visited to what extent.
If the Customer has questions about this privacy statement, she can contact The Dress at info@thedress.be.
Article 11: Use of cookies
While visiting the site, `cookies' can be placed on the hard drive of visitor’s computer. A cookie is a text file that is placed by the server of a website in a computer's browser or on a mobile device when a website is consulted. Cookies can not be used to identify people, a cookie can only identify a machine.
'First party cookies' are technical cookies used by the site visited; its purpose is to enable the site to function optimally. Eg: settings made by the user during previous visits to the site, or a pre-filled form with data that the user has made during previous visits.
Third party cookies are cookies that are not coming from the website itself, but from third parties, such as an existing marketing or ad plugin, eg. Facebook or Google Analytics cookies. For such cookies, the site's visitor must first give her permission with reference to this policy, which does not prevent further browsing on the website. This can be done via a bar at the bottom or top of the website.
The customer can configure her internet browser to prevent cookies being accepted, to receive a warning when a cookie is installed or to remove the cookies afterwards from the hard drive. This can be done through the browser settings (via the help function). Certain graphics may not appear correctly, or certain applications may not be used.
By using our website, you agree to our use of cookies.
Article 12: Violation of validity - Non-cancellation
If a provision of these Terms is declared invalid, illegal or null and void, this will in no way affect the validity, legality and applicability of the other provisions.
Any failure at any time by The Dress to enforce or exercises any of the rights listed in these Terms, shall never be deemed to be a breach of such provision and will never affect the validity of these rights.
Article 13: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
Article 14: Applicable law - Disputes
Belgian law applies, with the exception of the provisions of international private law on applicable law.
The courts of the sellers domicile have jurisdiction in court proceedings.
