GENERAL TERMS AND CONDITIONS
- What do we mean by "clothes"?
Art.1 All products that make up the normal assortment of an online clothing retailer are hereinafter referred to as "clothing".
- What is meant by "buyers" or "sellers"?
Art.2 All persons browsing the website or using one of our services will be referred to as if after "buyers". The MOMMAERT Group is hereinafter referred to as "E-M Store".
- Description of obligations
Art.3 E-M Store is bound by the guarantee documents, by the advertising leaflets and brochures, and by any other document, distributed or accepted by it, or to which it refers, insofar as they do not limit the rights of the buyer arising from the law. These general terms and conditions may be modified at any time and without notice. They will always prevail on the day of the order.
- Sales outside the company: right of retraction.
Art.4 The consumer has a period of fourteen calendar days to return at his own expense the product(s) he ordered, without penalty and without giving any reason. This period starts from the day after the day of delivery of the order. For goods that are the subject of successive deliveries, the withdrawal period begins on the day after the day of the first delivery. If the aforementioned conditions are met, the purchaser shall be reimbursed, within fourteen calendar days from the date of withdrawal, the sums he has, where appropriate, paid in payment. In the event of withdrawal, we ask you to send us the attached form by registered mail or by e-mail to the following company address: firstname.lastname@example.org. Then, you can send us back your clothes by parcel post to the following address: LA SCHOCKAERTSTRAAT 41 AT 1600 SINT-PIETERS-LEEUW This right of withdrawal does not apply to the professional buyer.
Art.5 The price mentioned is fixed and includes everything, except for the additional costs that this agreement expressly mentions. If, at the request of the buyer, changes are made to the delivery period and/or the place of delivery and/or the delivery circumstances, or if the buyer has given incorrect information, E-M Store is entitled to charge additional costs. The total price will be adjusted in case of a change in VAT before the delivery date.
- Delivery date
Art.6 The delivery date or delivery time is of strict application. If the agreement does not mention any specific delivery date or deadline, the deadline for delivery will be three months, starting from the signature of the agreement. In the event that E-M Store has not delivered the clothes at the latest on the agreed date, or if the buyer refuses to take delivery at the latest on the agreed date, the injured party may by registered letter demand the execution of this agreement and this within two weeks. If the defaulting party remains in default, the injured party may immediately declare the agreement terminated by operation of law and without prior notice of default. In this case, he has the right to recover any sum already paid or any clothing already delivered; in addition, he is entitled to compensation for the loss suffered. If the agreement is terminated by E-M Store, it has from that moment on the right to sell the clothes to third parties. In case the delivery deadline is extended or postponed at the unilateral request of the customer for more than one month, E-M Store can demand an additional deposit in order to meet its financial obligations. Possible deposit fees will be added to the final account, at a rate of 3% per month.
Art 7 Article 6 shall not apply, however, if the delivery date cannot be met because of circumstances which are normally unforeseeable and beyond the control of the seller and if the seller has notified the buyer of such circumstances within 14 days of becoming aware of them, but no later than the expected delivery date. In this case, the buyer has the choice between the temporary delivery of (a) replacement garment(s) of the same value and the purchase of replacement garments of the same value.
- Place of delivery
Art.9 Delivery takes place at the agreed place. If the place of delivery has not been agreed upon, it will take place at the address of the buyer.
- Qualities and defects
Art.10 E-M Store guarantees that the garments are ready to use and free of any defect, visible or hidden. It declares that the garments comply with what is mentioned in this agreement, with the normal requirements of use, reliability and duration of use, with the existing safety standards and with the advertising specifications or any other document distributed or accepted by it and to which it refers. Any non-conformity with these elements is referred to as a "defect". The following are not considered "defects".
B. Pleas in law and remedies
Art.11 If the garments are affected by a serious defect, the purchaser has the choice between replacement, cancellation of the contract with reimbursement of the costs actually incurred and proven, or reimbursement of part of the price in proportion to the seriousness of the defect. If the buyer chooses replacement or cancellation, he must compensate E-M Store fairly for the use he has already made of the clothing. In addition, the buyer has, in accordance with the law, the right to be compensated for the damage caused to him by this defect. The buyer has no recourse if the defect is partly caused by improper use or insufficient care of the clothes delivered, or if the clothes have not been used according to their normal purpose. We do not accept returns of lingerie.
Art.12 Defects which existed at the time of delivery and which the buyer could reasonably have noticed are considered to have been accepted immediately if the buyer wears and wears out the clothes. In the event of an apparent defect, the buyer must inform E-M Store in writing of his possible remarks within 8 working days of delivery. The buyer must inform E-M Store in writing of all other defects within 2 years after delivery.
D. Guarantees - Transfer of ownership
Art.13 The transfer of ownership takes place at the time of delivery. As long as the clothes are not delivered, all risks of loss or deterioration are the responsibility of the seller. E-M Store can however mention that the transfer of property will only take place upon full payment.
-Registration and validation of the order of a product
Art.14 The buyer, who wishes to buy a product must obligatorily :
- Fill in the identification form on which he will indicate all the requested information or give his customer number if he has one;
- Fill in the online order form giving all the references of the products or services chosen;
- Validate his order after having checked it;
- To carry out the payment under the conditions envisaged;
- Confirm his order and payment.
Confirmation of the order implies 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 serve as proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out. E-M Store will communicate by e-mail confirmation of the registered order.
Art.16 The payment of the clothes is made at the time of the order via all the platforms proposed on the present site www.em-store.be.
Art.18 In case the buyer breaks this agreement or refuses to take delivery of the goods, he will be obliged to compensate for the damages he has suffered and observed.
Art.19 The present general conditions are governed by Belgian law and any possible dispute will be the exclusive competence of the courts of the judicial district of Ninove
This document concerns the website www.e-m-store.com. In accordance with the law relating to the digital economy, users are informed of the present legal notice. Company's contact details : MOMMAERT BVBA KLOOSTERSTRAAT 13 9472 IDDERGEM 670.637.907
Person responsible for data processing : Laura Schmit
Mail : email@example.com