General Terms and Conditions of sale
Article 1. Foreword
The current Terms and conditions are legally binding between, on the one hand, Chaussures Dusart SA, registered at Banque Carrefour des Entreprises of Belgium, with number BE 416.323.109, with business seat in Wavre, hereafter referred to under its trande name of "Chaussures Dusart", and on the other hand, any person wishing to do a purchase via the Internet site of Chaussures Dusart (accessible via http://www.chaussuresdusart.be), hereafter referred to as the "user" 1.1 IdentificationCompany Name: Chaussures Dusart SA
Registration at BCE de Belgique with number BE 0416.323.109
Trade Name : Chaussures Dusart
The current General Terms and Conditions can be changed, at any time and without notice, by the seller; these modifications will be applicable to any subsequent orders.
The contract parties agree that their business relation shall be governed exclusively by the currently valid Terms and Conditions, to the exclusion of any prior stipulated Terms and Conditions
If a condition failed, it would be considered as governed by standard uses in force for the distance sales sector of companies with business seat in Belgium
The non-application of one or more provisions of the current General Terms and Conditions may never be considered as a waiver of these.
The current conditions aim to define the sales modalities between the seller and the user, from orders through to services or products, also including payments and delivery.
They govern all steps necessary to pass an order and safeguard the follow up of this order between the contract parties.
Any user of the website, who does not hold a customer number yet, needs to follow an inscription process so as to obtain such a customer number.
Any information in pricelists, catalogues, Websites, notes etc., are given on an informative basis only, and may be changed by the seller without prior notice.
In any case final, validation of the contract by the buyer implies its acceptance, integrally and at the quoted price.
Offers are valid,as a fixed option, within one week from date of the offer, unless otherwise stipulated with regard to a particular offer.
Any validation is tantamount to a signature and explicit acceptance of any operation carried out on the website.
Article 2. Terminology
Services offered by Chaussure Dusart on its Internetsite will hereafter be named "products", any person wishing to make use of these products and who is satisfied with the General Terms and Conditions of sales shall hereafter be referred to as "the customer". Any enterprise that has commissioned Chaussures Dusart to sell products that are this enterprise's property, shall hereater be referred to as "provider". Any order carried out by a customer in the described conditions, shall hereafter be referred to as "the order"
Article 3. Registration of personal data
Any person, individual or coporate, who registers during a visit to the website http://www.chaussuresdusart.be as potential contracting party of Chaussures Dusart, will communicate through this registration, his/her personal data to Chaussures Dusart.
Registration implies explicit acceptance that personal registration-data may be treated in Chaussures Dusart's database. Only persons, individual or corporate, in full legal,capacity may register.
In the course of the registration process the individual or corporate person receives an identification number and chooses a password which will be validated by Chaussures Dusart. These information will be confirmed by Chaussures Dusart in a recapitulatory e-mail to the customer
The customer is responsible for the confidentiality, security and proper use of his identification number and password.
Any use of the identification number or password of a certain customer shall be considered as having been used by the customer him/herself.
Chaussures Dusart may render impossible the use of an identification number and password, provisionally or permanently, in the case that seemingly the customer disrespects one or more stipulations of the current General Terms and Conditions.
Treatment of these personal data in Chaussure Dusart's database serves for client administration purposes, management of invoicing and deliveries, invoicing of services, material or immaterial, verification of solvability, personalized service, advertising as well as marketing.
Article 4. Protection de la vie privée (loi du 8 décembre 1992)
Principles concerning the collection of personal data
In principle, access to information available on or via the site, is possible without the necessity to register personal data, such as name, postal or e-mail addresses...
Exceptionally, in order to obtain complementary services (request for information, reservation, client zone, subscription to newsletters...), it is possible that personal information, essentially contact details, may be required. In this case, the user is notified beforehand and data will be processed conform to the stipulations of the directive 2002/58/CE relative to the processing of personal data.
Concretely this signifies that:
Your personal data may only be collected and processed in conformity with the reasons stipulated during the collection process
You have, at any time, the right to access and modify/correct the data, as well as a right to opposition, so as to verify their... exactness, and have eventual errors them concerning corrected. Go to customer management for any changes to your contact data.
Use of information for statistical purposes
Whilst you access the website the servers collect automatically the following data
*the IP address attributed during your connection;
*the date and time of access to the website
*the pages visited
*the type of browser used;
*the platform and/or exploitation system installed on the computer
° the search engine as well as keywords used to find the site
This information is kept only in order to measure the number of visitors to the different sections of the website, and to be able to install improvements.
A "cookie" is a small piece of information saved by a website in the Internet browser of your computer. This "cookie" may be retrieved during a later visit to the same site. It cannot be read by another website, exclusively by the one that created it. The site site uses "cookies" for administrative purposes, for example to register your preferences for a certain kind of information, which helps you not having to repeat-type each time you visit our site.
Most of the "cookies" only function for the length of one visit. None of them contains information which enable contacting you by phone, e-mail or post.
You can also configure you browser, so that it informs you each time a "cookie" is created or so as to avoid their registration.
For any question relating to price modalities, the customer is free to request this by e-mail to Chaussures Dusart
Article 5. Price Modalities
All information regarding products, notably delivery charges and guarantee, as well as prices can be found in each product's descriptive file.
The selling price of each product represented on the website of Chaussures Dusart is in EURO, and is
a price including VAT (whenever applicable), excluding possible delivery charges or supplementary guarantees.
The prices shown on your order after validation and registration are fixed and definitive: should prices lower a few days after the date of the order, the difference will under no circumstance be reimbursed; if prices increase, the price indicated on the order remains unchanged.
Sales excluding VAT, for those that are not subject to VAT, are admitted only if necessary relative documents were provided before ordering.
The amount of delivery charges is automatically calculated in relation to each order; this is mentioned on the order summary, before definitive registration.
The price paid by the buyer, hereafter referred to a total price, is also expressly indicated as such in the course of the order process itself.
For any question relating to price modalities, the customer is free to request this by e-mail to Chaussures Dusart
Article 6.: Charges and Conditions
Products are sent by Chaussures Dusart to the address communicated by the customer
Article 7. Order Modalities
Offers are valid while stocks last. In case of a cost-estimate, the offer shall be valid for 15 days, unless stipulated otherwise
7.1 Description of products
Products sold by Chaussures Dusart are conform to the description and presentation as per our catalogue. Despite all possible precautions, slight errors might occur in this catalogue. Under no circumstances can we be held responsible for this.
7.2Availability of products
Most products are in stock.Should certain items of an order be out of stock, the customer will be informed by e-mail, and Chaussures Dusart will seek an amicable arrangement. ( e.g. reimbursement of items out of stock or replacement by, at least, equivalent products.)
7.3 Import limitations
It is up to the customer to seek information with local authorities in his/her country concerning possible import limitations, or the use of products or services that he/she is planning to order.
The customer will appreciate that products may contain technologies or programmes governed by export controls of the United States and the European Union, as well as by the laws of the countries to which they are being delivered or where they will be used.
The customer needs to respect the laws in force. Products may not be sold, rented out, or transferred to users or countries subject to restrictions , or to those who might use them in a context of mass destruction or genocide.
The customer has to refer to the regulations in force, which vary regularly depending on the products
7.4. Steps to conclude the contract
During the first order by Internet every new customer needs to create a "customer account";
a "login" and a password will be requested
During each order validation the customer will be directed to his/her account via a secure connection, which summarizes the order.
Orders will only be definitively registered after communication of the necessary information and final validation. Once the customer has registered an order and chosen a payment method, the sale will be considered concluded (agreement with merchandise and price)
The due receipt of an order will be acknowleged and confirmed by an automatically generated e-mail to the the e-mail address that the customer stated whilst creating an account.
Contractual information will be given in a confirmation, summarizing all relative details, at the latest at the time of delivery. Chaussures Dusart reserves the right to cancel or refuse any order by a customer, who is subject to litigation concerning a payment of a previous order.
7.5 Order Cancellation
Any order passed on our site is automatically cancelled if no payment is received
To cancel any order, please do this by contacting us via e-mail or telephone, mentioning the billing name on the order as well as the order number
If the order has already been treated, a cancellation will only be possible by non-acceptance of the parcel received from Chaussures Dusart, without opening it.
It is specified that corporate customers will not be able to cancel an order unilaterally, without consent by Chaussures Dusart. Further, any order received directly by a buyer or through representative agents will become legally binding for the seller only upon receipt of acceptance in writing.
Article 8. Modalities of payment
Paymenys have to be made in Euro, either by secured Internet payment or by bank transfer. Invoices are payable at the time of passing the order, to Chaussures Dusart.
NAME: CHAUSSURES DUSART SA
ADDRESS: Rue du Commerce 18 1300 Wavre (Belgium)
IBAN: BE19 2710 0841 7612
In any communication, please state your order number and the order date
Any claim concerning an invoice needs to be addressed to Chaussures Dusart within 10 calendar days from receipt of the invoice in question.
Article 9. Cancellation right
The consumer has the right to notify the seller of a cancellation of a purchase, without penalties and without stating a reason, within 14 business days dating from the day after the delivery date of the product.
Chaussures Dusart will accept such cancellation by the buyer only if the original packaging of the product is still intact, notably if the seal as well as the product itself have neither been used or damaged.
Notification by the buyer needs to be effected by using our cancellation form. By respecting this as well as the above mentioned time limit, the buyer will receive a return authorisation number. In the case of return of packages, after having notified Chaussures Dusart by mail within the above-mentioned time limit, the return freight charges are always at the cost of the customer. The customer needs to protect, with best possible care, any article sent back.
In the case of abusive returns, Chaussures Dusart, reserves the right to refuse any future order.
For any question concerning cancellation modalities, the customer may request details by e-mail at email@example.com
Article 10. Guarantees
Conform to article 1649 quater of the civil code, the buyer aimed at in article 1649 bis of the civil code (i.e. a private consumer in the sense of this disposition) has the right to a legal guarantee regarding any lack of conformity, which may exist at the time of delivery of goods and which may appear within a limit of two years after delivery. Subject to the presumtion aimed at in article 1649 quater , paragraph 4, of the civil code (" the lack of conformity which appears within a limit of 6 months after delivery is presumed to have existed at delivery"), it is for the buyer to prove the existence of a default at the time of delivery, at the expiration of this time limit of 6 month and through to the end of the second year.
The buyer is held to inform the seller by registered letter of the existence of a lack of conformity within 2 months as from the date the buyer has noticed this default. Failing to respect this time delay of notification, the buyer will loose his right to claim under the guarantee.
In case that Chaussures Dusart might formally accept the good reason for a claim, Chaussures Dusart undertakes only to replace the defective part of any article, in the shortest possible time.
In the case of visible damage ( broken glass, missing parts, etc.) the customer is held to express reserve immediately at the time of delivery, failing to do this, no complaint to this effect will be accepted later on.The customer also needs to inform Chaussures Dusart in writing, without delay and within a time limit of 5 days from delivery
Article 11. Responsibility
Chaussures Dusart SA, under the trade name of Chaussures Dusart, has for any step of access to the website, for any order, delivery or after sales service, only the obligation of means.
The reponsibility of Chaussures Dusart will not be engaged by any inconvenience or damages inherent to Internet-use, notably an interruption of service, any exterior intrusion or the presence of internet-viruses, or any events caused by force majeure, conform to jurisprudence.
Chaussures Dusart cannot be held responsible for any kind of damage, material, immaterial or physical, which may result from any malfunctioning or misuse of the products marketed, the same applies to possible modifications of products by suppliers. The responsibility of Chaussures Dusart will, in any case, be limited to the amount of the order and will not be engaged for simple errors or omissions, which might have occurred despite all precautions taken in the presentation of products.
Chaussures Dusart cannot be held responsible, towards a customer or third parties, for any indirect damage, for no loss of business, profit, or turnover, in any way whatsoever this may have occured.
Without limiting the previous paragraphs, the responsibility of Chaussures Dusart within the terms of the current General Terms and Conditions may not exceed the equivalent of amounts paid or payable concerning the transaction at the origin of the said responsiblity, no matter the reason or the kind of the relative action.
Chaussures Dusart cannot be held responsible for non-execution of an order due to items being sold out or inavailability of items, due to force majeure, disruption or industrial action, entire or in part, of postal, transport or communication services, due to flooding or fire.
Chaussures Dusart undertakes not to divulge to third parties any information given by customers on the website, this remains confidential. Information will only be used by internal services for the treatment of orders and so as to improve and personalize communication, be it through informative ,letters / e-mails or to personalize the website according to preferences stated by customers. Chaussures Dusart may communicate consolidated statistics regarding customers, sales in general, structures relating to exchanges concerning information contained on the site, to third parties of confidence, but these will not contain any personal data.
Chaussures Dusart does not sell, market or rent out to third parties any information concerning its customers.
Article 12 Copyright
Legal information - Conditions for the use of the website
Use of the website is subject to the compliance with the afore-mentioned General Terms and Conditions. By accessing the site, the customer declares having acknowledged and accepted, without any reserve, these General Terms and Conditions of use of the site.
Quality of information and service, limitation of responsibility
Hypertext links on the website portal of Chaussures Dusart, which refer users to other websites do not engage the responsibility of Chaussures Dusart, as to the contents of these sites. The customer will have to comply with their conditions of use.
Right of intellectual ownership
Texts, layout, illustrations and other integral parts of the site are protected by copyright, or in the case of the database by a specific law. All elements constitute property of Chaussures Dusart, or, where applicable, property of a third party from whom Chaussures Dusart has obtained the necessary authorisation.
Unless stipulated to the contrary, textual or encrypted information represented on the site may be used free of charge, but by mentioning the source and never for commercial or advertising purposes. On the other hand, any reproduction of a commercial or advertising nature of this information, as well as the reproduction of other elements integral to the site, such as graphic lines, images, sounds or computer applications, are stricly forbidden without prior authorisation. Any such request should be addressed to Chaussures Dusart.
Creation of hyperlinks to the site
Chaussures Dusart authorises without prior consent surface linking, which directs to the homepage of the site portal or any other page globally.
On the contrary, the use of any technology aiming to include the site portal, totally or partially, in an Internet site by masking, even if only partially, the exact origin of the information or which may lead to confusion about the origin of the information, such as framing or in-lining, demands explicit authorisation in writing by Chaussures Dusart. Any suchlike request needs to be addressed to the General Management of Chaussures Dusart.
Article 13 Integrality
In the hypothetical case that one of the clauses of the current contract should become null and void by a change in legislation, reglementation or a legal decision, will this under no circumstances affect the validity and compliance withe the current General Terms and Conditions of Sales.
Article 14 Duration
The current General Terms and Conditions shall be applicable during the entire period that Chaussures Dusart offers services on-line.
Article 15 Proof
Computerized registers, stocked in the computer systems of Chaussures Dusart and its business partners in reasonable safety conditions, shall be considered as proof of communication, orders and payments having taken place between the seller and buyer
The General Conditions mentioned on the website are applicable for deliveries on Belgian territory and to Luxemburg only. Articles sold by Chaussures Dusart are conform to the description and presentation in the catalogue. Despite all precautions errors might occur in the catalogue. Chaussures Dusart can in no case be held responsible for this.
Article 16. Conservation and archiving of transactions
Archiving of order notes and invoices is effected in a trustworthy and durable medium, in form of a true and durable copy.
Article 17. Applicable laws and competence
The current General Terms and Conditions are governed by Belgian law. In any case of litigation should the customer in the first instance contact Chaussures Dusart SA so as to obtain an amicable solution. Failing this, only tribunals of the juridical district of Brabant Wallonia are competent, irrespective of the place of delivery and payment methods accepted.