General conditions of sale of Manice
1.1 These General Terms and Conditions of Sale (hereinafter the "GTC") define the rights and obligations of the parties in connection with the sale of products (hereinafter the "products"), via the website www.manice.be (hereinafter referred to as the "site"). These T&Cs govern any sale of products made on the site.
1.2 The GTC are concluded between, on the one hand, Manice, registered with the Banque Carrefour des Entreprises de Belgique under number 0810.632.463 (VAT BE0810632463) whose registered office is located at 53A, Chaussée de Charleroi 1360 Thorembais-Saint- Trond (Tel: +32 81346562), hereinafter referred to as the "seller" and, on the other hand, the person wishing to consult the site and make a purchase there, hereinafter referred to as the "buyer". The buyer and the seller are hereinafter jointly referred to as the “parties”. The parties agree that their relations will be governed exclusively by the T&Cs to the exclusion of any conditions previously available on the site.
1.3 Any order for a product offered on the site (hereinafter the "order") presupposes the prior consultation and express acceptance of the GTC by the buyer without however this acceptance being conditioned by a handwritten signature on the part of the buyer. In accordance with the provisions of the law of July 9, 2001 laying down certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the validation of the order form constitutes an electronic signature which has, between the parties, the same value than a handwritten signature and is proof of the completeness of the order and of the payment of the sums due in execution of the said order.
1.4 The GC only concern buyers, non-trading natural persons. The buyer who wishes to buy a product on the site declares to have full legal capacity. Any incapacitated person within the meaning of article 1123 and following of the Civil Code, cannot in any way buy on the site, or must do so through, and under the responsibility of his legal representative. This legal representative is required to comply with the T&Cs.
2. PRODUCTS ON SALE
2.1 The products offered for sale are those which appear on the site, with a description of their essential characteristics, on the day and at the precise moment of the consultation of the site by the buyer, and within the limit of available stocks. The seller implements all reasonable means to display the availability of products in real time on the site but cannot be held responsible if a product is no longer available to honor the order made by the buyer. In case of unavailability of one of the products ordered, the buyer will be informed, and will have the possibility, either to modify his order, or to cancel it, in which case he will be refunded the amount of his order if he has already made the payment.
2.2 The photographs, texts and other descriptive elements illustrating the products do not enter into the contractual field. If these photographs and/or texts presented an erroneous character, the responsibility of the seller could not be engaged in this respect. The latter undertakes to provide its best efforts to correct errors or omissions as soon as possible after having been informed of them.
3. SALE PRICES OF DISPLAYED PRODUCTS
3.1 The price of each product is displayed on the site (hereinafter the "purchase price") in euros and including VAT. This price is valid in the countries for which delivery is possible on the site, and does not include the costs of preparation and delivery, also payable by the buyer, nor the deduction of any discount or voucher granted to the buyer personally. The seller reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the purchase price in force at the time of the validation of its order, and subject to availability.
3.2 When ordering, buyers agree to pay, in addition to the purchase price of the products ordered, the preparation and delivery costs (hereinafter the "costs"). These costs vary according to the type and quantity of products ordered, and the delivery method chosen, and include VAT. The buyer can consult the amount of these costs on the site by consulting his "Basket", where a calculation of the total amount corresponding to the purchase price of the products and the costs is displayed. The seller reserves the right to modify the amount of the costs at any time, but the costs will be invoiced on the basis of the rates in force at the time of the validation of the order, and subject to availability. These costs remain due and will not be reimbursed if the buyer returns all or part of the order under his right of withdrawal.
3.3 Products are only delivered to countries for which the site authorizes delivery. Buyers wishing to be delivered in one of the authorized countries but on an island of these countries will be charged a delivery supplement. Any incorrect delivery address is the buyer's responsibility and may result in additional charges. The delivery times indicated are not binding but are given for information only. No delay in delivery may give rise to cancellation of the order or payment of damages to the benefit of the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer will be reimbursed without interest or any other form of compensation.
4.1 To place an order, the buyer must complete the order form made available to him on the site, on which he will notably include the information necessary for his identification and in particular his surname, first name and delivery address. The seller cannot be held responsible for the consequences of the communication of erroneous information. After completing the order form, the buyer is invited to close the ordering process, by clicking on "Validate my order", by which the buyer declares to fully and unreservedly accept all of these GCs, definitively validates his order and undertakes to pay the full amount due, i.e. the purchase price, plus costs, and minus any purchase vouchers.
4.2 The seller will confirm each order by sending an e-mail to the buyer at the e-mail address indicated by the buyer during his affiliation (hereinafter the "order confirmation"). This order confirmation will mention in particular the date of order, the product ordered, its purchase price, plus costs, and the terms of delivery. The data recorded by the seller, as well as the order confirmation will constitute proof of the contractual relations between the parties.
4.3 The seller reserves the right to refuse or cancel any order or any delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order or refusal to authorize payment by credit card of banking organizations. In this case, the responsibility of the seller could not, in any case, be engaged.
5.1 Payment for purchases is made by credit card such as Visa or Mastercard and by bank cards such as “Maestro” and “Bancontact - Mistercash”. When validating the order, the user indicates the name that appears on his credit or bank card, the card number, its expiry date (and the control number in the case of a Visa and /or Mastercard). Some issuing banking organizations may require an additional digipass-type signature. The validity of the payment is confirmed or not after verification by the issuing bank. If the payment is confirmed, the direct debit takes place, after the invoicing of the order, according to the terms agreed with the bank issuing the card.
5.2 The product(s) ordered remain(s) the property of the seller until full payment of the purchase price and the costs indicated at the time of the order.
6.1 Delivery is made by the seller.
6.2 The order is delivered to the home or to the address indicated by the user. Orders are handled by Bpost in Belgium and Bpost International for other countries.
6.3 Upon delivery, a sales invoice is given to the user.
6.4 For a delivery in Belgium, the seller will make every effort to ensure that the order is sent to the delivery address within 5 working days following validation of the order and receipt of payment. The deliverer will present himself at this address between 8 am and 6 pm, on working days, and will deliver the package(s) to the recipient or to any other person present at the address indicated. In case of absence, a notice will be left at the delivery address. It will then be up to the user to contact the delivery person to agree either on a new delivery date to the same address, or on a new delivery date at a new address, or on collection at the post office on closer. If this is not done within 15 days of the notice left by the delivery person or if the user is absent during the new delivery, the order will be automatically returned to the seller, who will contact the user to schedule a new delivery of the order. In this case, additional delivery costs may be charged to the user.
6.5 For a delivery outside of Belgium, the seller will make every effort to ensure that the order is delivered within 15 days following the validation of the order. The terms of delivery will be specific to the postal services of the country concerned.
6.6 The delivery time indicated is indicative only. Its disrespect will not create any right to damages on the part of the user.
6.7 The transfer of risk to the user takes place when the products ordered are made available to the deliverer. The proof of this provision will be materialized by the control system used by the deliverer.
6.8 It is up to the user to check shipments on arrival and to make any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears obvious signs of deterioration. If there are any complaints following receipt of the order, it is mandatory to send an email to firstname.lastname@example.org, subject “Delivery complaint”, with supporting photos, all this within 48 hours after receipt of the order.
7. WITHDRAWAL AND TERMS OF RETURN
7.1 If the product(s) purchased on the site do not suit the user, the latter has a period of fourteen (14) calendar days, starting the day after the day of delivery, to renounce its purchase without penalty and without giving reasons, in accordance with the code of economic law.
Within this period, the user must notify the seller of his intention to make use of his right of withdrawal, as follows:
Send an email to email@example.com
Notify buyer's first and last name
Provide a detailed description of the item(s) delivered
7.2 The return to the seller will be made at the following address, unless otherwise instructed to the user, by any means of transport chosen by the user, who must retain proof of shipment.
Manice Chaussée de Charleroi 53A - 1360 Thorembais-Saint-Trond
7.3 All costs and risks associated with the shipment of the return of the items are the responsibility of the user. Manice also allows you to return items by hand (to avoid shipping costs) to our store in Thorembais.
7.4 In the event of use of his right of withdrawal by the user within the aforementioned period and the return of the products no later than fourteen (14) days following the communication of his decision to withdraw according to the methods agreed in the preceding paragraphs, the seller undertakes to reimburse the purchase price to the user, insofar as it has already been paid, at the latest upon receipt of the product(s) by the seller.
7.6 In the event of reimbursement of returned products, the seller will credit the credit card used for the payment of said products with an amount equivalent to the purchase price thereof, less the amount of the voucher(s). purchase or discounts made during the order. Reimbursement of the user will be made according to the terms agreed with the bank issuing the card.
7.7 The user will not be able to make use of his right of withdrawal and/or exchange if the product(s) delivered has (have) clearly been the subject of durable use, has (have ) been damaged, has (are) missing parts, garment(s) whose label(s) has (have) been removed.
7.8 The product(s) must imperatively be returned correctly protected, in its(their) original packaging, in perfect condition for resale (undamaged, damaged or soiled by the customer) accompanied by any accessories, instructions for use, label(s) of the garment(s), etc. at the address indicated below. Otherwise, they cannot be taken back or exchanged.
7.9 Cannot be taken back or exchanged, the product(s) for which no attached element makes it possible to identify the sender (return number, order number, surname, first name, address). The product(s) returned but which cannot be accepted in return by the seller are kept at the disposal of the user at the seller's. The user remains obliged to pay the price. In the event of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.
7.10 Items purchased during sales periods or during exceptional sales (sales, private sales, VIP sales, flash sales) or provided with a promotional code or a promotional offer, cannot be refunded but may be returned in exchange for a voucher.
8.1 The seller collects personal data concerning the buyers, which are communicated to him on the site or by e-mail. He undertakes not to disclose this data to third parties. These are confidential. They will only be used by its internal services for order processing, with the aim of strengthening and personalizing communication, in particular by information letters/e-mails as well as within the framework of the personalization of the site according to the observed preferences of buyers, or for monitoring solvency.
8.2 The seller therefore does not sell, market or rent information concerning buyers to third parties. In the event of transfer or use by third parties of personal data, the seller undertakes to inform the buyer beforehand in order to allow him to exercise his right of opposition. The seller may also provide consolidated statistics relating to its buyers, sales, trading patterns and site information to trusted third parties, but these statistics will not contain any personal data. This article cannot, however, prevent the sale or transfer of activities to a third party.
9.1 The seller only contracts obligations of means, for all stages of access to the site, from ordering, to delivery or subsequent services. The seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any event that may be qualified as force majeure. In any event, the seller's liability under these T&Cs may not exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, regardless of the cause or form of the action concerned.
9.2 The seller cannot be held responsible for cases of force majeure such as a delay in the execution or for the non-execution of its commitments due to events beyond its normal control, including production interruptions, difficulties in supply or shortages of raw materials, labor, energy or transportation, or delays in transportation, strikes, lockouts, labor disruptions or other collective labor disputes which affect it or its suppliers, even if these events were foreseeable.
10. INTELLECTUAL PROPERTY
All the elements of the site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents and more generally by intellectual property as well as by the law relating to data base. They are the exclusive property of the seller. The buyer who has a personal Internet site and who wishes to place, for personal use, on his own site a simple link returning directly to the site, must ask the seller for authorization. In this case, it will not be an implicit affiliation agreement. On the other hand, any hypertext link referring to the site and using the technique of framing or in-line or deep linking is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed at the seller's request.
11. CONTACT WITH THE SELLER
In case of questions about his purchase, the buyer has the possibility of contacting the seller by sending an e-mail to firstname.lastname@example.org.
The seller undertakes to respond to the buyer's request as soon as possible.
12. NULITY AND ENTIRETY
If one or more stipulations of the GC are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope. The CG and the order summary sent to the buyer form a contractual whole and constitute the entire contractual relationship between the parties. In case of contradiction between these documents, the CG will prevail.
13. VALIDITY OF THE CGV PRESENTED
These general conditions of sale apply throughout the duration of the online services offered by the seller.
The computerized registers, kept in the computer systems of the seller and its partners under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The parties accept in the context of their relations the principle of electronic proof (for example: e-mail, backups, etc.).
The seller reserves the right to modify the T&Cs and will communicate the new version to buyers via the site.
16. APPLICABLE LAW AND JURISDICTION
These T&Cs are subject to Belgian law. In the event of a dispute, an amicable solution will be sought before any legal action. In the absence of an amicable settlement, the courts of the judicial district of Nivelles will have sole jurisdiction.