GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE
The present terms and conditions of sale are concluded, on the one hand, by Neile Cicigoi, founder of the brand, registered at the Banque Carrefour des Entreprises under number BE0674 414 571, hereinafter referred to as "the seller" and, on the other hand, by any individual or legal entity wishing to make a purchase via the website www.femmeuse.be, hereinafter referred to as "the buyer".
The present conditions of sale aim to define the contractual relationship between the seller and the buyer as well as the conditions applicable to any purchase made through the seller's website, whether the buyer is a professional or a consumer. The acquisition of a good through this site implies an unreserved acceptance by the buyer of these conditions of sale. These conditions of sale shall prevail over any other general or special conditions not expressly approved by the seller. The seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
USE OF THE WEBSITE
The website is accessible without warranty of any kind. Users use the website and the linked pages under their own and sole responsibility.
Despite all the care taken in the construction of the website, Femmeuse does not guarantee amongst other things:
the absence of error in the functionalities offered by the website;
the absence of interruption in the operation of the website;
immediate correction of any defects;
the absence of viruses or any other harmful elements;
the absence of errors in the information provided on the website.
Femmeuse disclaims all liability for damages caused by, inter alia, an interruption, defect, delay in operations or transmissions, computer virus or similar technical problems, network failure, or for any other reason whatsoever, during the use of the website or its content.
Femmeuse manages the content of the website freely and independently. It may therefore, notably, without prior notification :
suspend or cancel access to the website or any part of it,
modify the information and products available on the website,
modify the presentation of the website, its structure, and its sections.
RESPECTING THE WEBSITE AND THE NETWORK
The user of the website undertakes not to commit or omit acts which would have as object or effect directly or indirectly:
to disrupt or interrupt the networks connected to the website or the servers of third parties;
not to comply with any regulations and procedures of the Internet network;
to interfere with the use of the website;
copy, alter, modify, interfere with the website, its use or its content;
to use the website for purposes that are illegal, prohibited by the terms of the General Conditions, or that infringe the rights of Femmeuse, or to encourage such acts.
The user undertakes not to use "deep-links", "page-scrapes", "robots", "spiders" or any other means, programs, methods or algorithms that may interfere with the proper functioning of the website, nor to copy, access or obtain any information, documents or materials in any manner whatsoever that have not been voluntarily made available through the website.
The user will not interfere with the use of the website by third parties, for example by attempting to obtain access to personal data, passwords, or to trace any information on third parties who have had access to the website. The user will not test the capacity of the website, or its vulnerability, and will refrain from any act that may affect its security or integrity. The user also undertakes not to perform any act that has the effect of imposing an overload of the bandwidth.
CHARACTERISTICS OF THE PROPOSED GOODS
The products for sale are those listed in the catalogue published on the seller's website. Each product is accompanied by a description drawn up by the supplier. The photographs in the catalogue are as faithful as possible but cannot ensure a perfect similarity with the product offered, particularly regarding colours.
The t-shirts are made and sold on order of the buyer, the waiting time will be the time of production and sending, from two to four weeks approximately. If, despite its efforts, all or part of the items are unavailable, the seller will inform the buyer by email as soon as possible and offer the buyer the possibility to choose between waiting or cancelling the order of the unavailable items at no charge. Available items will be delivered normally.
The pombers are made in advance but in small quantities to avoid overproduction. As these products are made in limited quantities, they are subject to return or exchange only in accordance with the return policy below. Femmeuse is committed to fulfilling orders only within the limits of available stocks. Femmeuse cannot be held responsible for a lack of available stock. Waiting and shipping time will be approximately two to four weeks.
Femmeuse reserves the right to limit sales of products to any person or geographic region and may exercise this right on a case-by-case basis. Femmeuse reserves the right to limit the quantity of products that can be ordered by a single person, per household or per order.
Restrictions may include orders placed by or under the same customer account, credit card, billing or shipping address. Femmeuse may also refuse orders that appear, in its sole judgment, to be placed by resellers or distributors and may make such verifications as it deems necessary.
All product descriptions or prices of products are subject to change at any time without notice at Femmeuse's sole discretion. The brand reserves the right to discontinue any product at any time. Femmeuse does not guarantee that the quality of any product, information or other material purchased or obtained by the user will meet its expectations.
The prices of the products displayed on the website are indicated in euros and include VAT at the applicable rate but do not include shipping costs. The seller reserves the right to change its prices at any time and to modify the prices valid abroad according to the evolution of shipping costs. Nevertheless, the prices applicable to the order are those in force at the time of confirmation of the order.
The price does not include any customs and/or import charges that may be due by the user for an order placed outside the European Union. These costs are payable directly by the user to the competent services. It is the responsibility of the user to find out about these duties and taxes applicable to his shipment, as no information can be given to the User by Femmeuse on this subject in the context of the order.
Exchange fees and possible bank transfer fees are the responsibility of the User.
The buyer, who wishes to buy a product must obligatorily :
fill in the identification form on which he will indicate all the requested information;
fill in the online order form giving all the product references;
validate his order after having checked it;
make the payment under the conditions provided;
confirm the order and payment.
Confirmation of the order implies acceptance of the price indicated for the item ordered as well as the delivery costs established on the basis of the delivery address and the weight of the package ordered and also acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one's own terms and conditions of purchase or other conditions.
All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out. The seller will communicate by e-mail confirmation of the registered order.
Femmeuse will commit the order as soon as the full price has been received.
Femmeuse reserves the right to cancel or refuse any order from a User in the event of insolvency or lack of payment noted on a previous order or if it turns out that the User does not respect the present general conditions or the legislation in force.
The user is committed to provide correct, current, complete and accurate information for billing and payment of purchases made on the website. The user undertakes to update this information in order to allow Femmeuse to complete the transaction and contact the user, if necessary.
If the information does not conform to reality, the user will be solely responsible for the consequences.
RIGHT OF CANCELLATION
Unless otherwise agreed, the consumer may not exercise the right of cancellation for contracts for the supply of products made at the request of the consumer, according to his specifications or clearly personalised.
TERMS OF PAYMENT
The regulation of the orders is carried out on line on the site by one of the following means of payment:
The items ordered remain our exclusive property until full payment of the order by the buyer.
Delivery with tracking available in Belgium, Luxembourg, the Netherlands, France, Germany, Great Britain, Italy, Spain, Sweden, Denmark, Austria, Finland, Poland, Portugal, Greece, Ireland, Czech Republic, Hungary, USA, Switzerland, Canada, Norway, Turkey, Russia, Japan, China, Brazil, Taiwan and Thailand. Delivery time is estimated between 1 and 10 working days from date of shipment but may be longer for shipments outside the European Union. These delivery times are given only as an indication, any reasonable delay in the delivery of the products will not give rise to the buyer to the allocation of damages or the cancellation of the order. If these exceed thirty days from the date of shipment, the contract of sale may be terminated and the buyer reimbursed.
The products will only be delivered after effective receipt of full payment of the price by Femmeuse. Product orders are delivered to the postal address that the user has indicated as the delivery address when validating the order. The responsibility of the user will be engaged if the information communicated is erroneous or incomplete and does not allow the delivery of the ordered products.
Delivery costs are indicated at the time of the order summary and vary according to the user's country, the weight of the article and possible logistics costs.
With regard to consumers, the seller guarantees the products he sells in accordance with the law of 1 September 2004 on the protection of consumers in the event of the sale of consumer goods (articles 1649 bis to 1649 octies of the Civil Code). In the event of non-conformity of a product sold being established on receipt of the goods, the consumer must directly notify the seller in a precise manner by registered letter or electronic mail. This guarantee only covers defects of conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as negligence and wear and tear, are not covered by the guarantee. The invoice serves as a guarantee title. If the product is used for non-private purposes, the limited warranty conditions of the manufacturer/supplier apply.
The seller, in the process of online sales, is bound only by an obligation of means; its liability cannot be engaged for any damage resulting from the use of the Internet such as data loss, intrusion, virus, service interruption, or other unintended problems. The data on the website are given in good faith.
All elements of the seller's website are and remain the intellectual and exclusive property of the seller. Nobody is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially as the brand or elements of the website whether artistic, software, visual or sound. Any simple link or hypertext link is strictly prohibited without the express prior written consent of the seller.
PATTERN AND TRADEMARK
The pomber is a registered design at the European Union Office for Intellectual Property and the trademark Femmeuse as well. Any unauthorised use or reproduction, whether global or superficial, constitutes an offence of counterfeiting and may give rise to civil or criminal legal proceedings and the payment of damages.
All personal data necessary for the processing of an order is stored by the seller or his employees and may be passed on to companies with which the seller - or his suppliers - collaborate(s), when such communication is necessary for the processing of the order. The user also authorises the seller to use this data to compile statistics in order to improve its website and the goods and services it offers. This information may also be used to enable the dissemination, by any means of communication, of information relating to the seller's commercial activities to its customers. Finally, the seller retains personal data to facilitate subsequent orders. Moreover, the seller undertakes not to divulge the information it has at its disposal to another company or business.
The data kept by the seller can be requested and corrected at any time upon request.
The parties accept, within the framework of their relations, electronic means of proof (by way of example: email, computer backups, ...).
The present conditions of online sale are subject to Belgian law. In the event of a litigation, the courts of the seller's registered office are competent, except in the case of binding public policy provisions.
Neile Cicigoi – 30b/5 rue de Bruxelles, 5000 Namur – Belgique – 0032 473 89 03 22