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General Terms and Conditions of Sale

1. Customers:

The Products are offered for sale online to individual consumers: these are natural persons who have not been declared legally incompetent. Any person having been declared legally incompetent for the purposes of article 1123 et seq. of the French Civil Code may not make a purchase on the Website under any circumstances. Only the legal representative of such a person may consult the Website and use the services offered. That legal representative must comply with these terms and conditions.

 

The products are not intended for retailers or for trade users for use in their business, nor are they intended for distribution and/or regular resale of Products sold online by Delcambe Chaussures SPRL.

 

The Products are intended solely for Customers domiciled in Belgium and in metropolitan France. Visitors to the Website who are resident outside Belgium or metropolitan France and who wish to purchase Products should contact the Seller (by telephone on +32/65.40.88.98 and by email to customercare@delcambe.be), who will be able, where possible, to send them the Product on receipt of payment of the price plus carriage costs.

 

The Seller (Delcambe Chaussures SPRL) reserves the right to refuse any order from a Customer with whom a dispute is ongoing or has arisen whilst an order is being processed. This applies in particular to disputes in relation to payment and/or the legal competence of the Customer.

 

2. Products:

The Products are new and comply with the standards applicable within the European Union.

 

The Seller sells its Products through its network of shops and through the Website. The Products and sales outlets are listed on the Website. The Products are displayed on the Website, along with photographs and information describing them, which the Customer must note.

 

The Customer is advised that the way the shapes and colours appear in the photographs displayed may differ from the shapes and colours of the actual Products offered for sale. The Seller accepts no liability for such differences in appearance.

 

Only the available stocks of the Products displayed on the Website are offered for sale. In certain circumstances, several Customers may add an identical Product to their shopping basket at the same time. As a result, the Customer who confirms their order first will actually reserve the Product, making it no longer possible to process an order that is placed immediately afterwards.

 

In the event that Products ordered online are no longer available, the Customer Services department will advise the Customer, and the full order amount, included any carriage costs, will be refunded.

 

However, as the Seller re-offers those Products that are not collected from shops or are returned by Customers, articles may possibly become available at a later date.

 

3. Orders:

By placing an order, Customers indicate their acceptance of these General Terms and Conditions of Sale, the prices and the description of the Products offered for sale.

 

The Customer selects the Product(s) of their choice and adds them to their virtual shopping basket. The Customer must then provide their identity details, confirm their order, and in the case of an online order, make the payment for the order.

 

The online sale will only be deemed to be final for the Seller when it has received the full payment for the order.

 

When placing the order, the Customer must indicate their chosen payment method and the delivery address for their order.

 

4. Product pricing:

The prices shown in the online catalogue are quoted in euros, inclusive of VAT and excluding any delivery costs. The price will be the current price on the date the Customer’s order is registered. By placing an order, Customers indicate acceptance of the prices and descriptions of the Products available for sale.

 

The Seller reserves the right to reduce the prices shown on the Website (promotions, sales etc.) or to increase them (in the event of an increase in the cost price, VAT rate etc.).

 

5. Payment

The order total is paid online on the Seller's Website by debit card (Bancontact) or credit card (Visa, Mastercard). The Website operates a SIPS secure payment system supplied by ATOS WORLDLINE.

 

The Seller utilises all necessary resources to ensure the security and confidentiality of the data transmitted online. The Seller cannot guarantee protection against dishonesty by a third party, such as setting up fake copies of the Seller's website.

 

The Customer will never be asked to give the PIN number for their bank card or confidential bank information online, or to provide a copy of their bank card. If such requests are made, or if the Customer suspects fraud or any other problem, they should contact the Seller immediately by telephone on +32/65408898 and/or by email to Customercare@delcambe.be to ensure that the process is compliant.

 

6. Delivery:

The Products may be delivered within Belgium or metropolitan France. If they are delivered to a home address and the Customer is not in, the delivery agent will post a card through the letterbox informing the Customer that the package may be collected from the post office or the nearest postal collection point within 14 calendar days from the first delivery attempt. There is no charge for delivery to a Delcambe Chaussures sales outlet.

 

The Products may only be collected from the sales outlet by the person who placed the order or their duly designated representative. The order will be ready to collect at the sales outlet for 15 calendar days.

 

The Customer will obviously be solely responsible for any problems caused by errors in the delivery address. The Customer will be invoiced for any additional costs which may arise from such an error. A redelivery will only take place following payment in full of such additional costs.

 

The Seller undertakes to deliver the Products as quickly as possible. The Seller and the Customer agree an approximate period of 2 to 4 working days for deliveries within Belgium and of 3 to 5 working days for metropolitan France. However, the parties accept that the delivery period may be longer than this approximate period in exceptional circumstances. Failure to respect delivery periods will, under no circumstances, entitle the Customer to claim damages, or to cancel the order.

 

In Belgium:

- Delivery may be made either to a Delcambe Chaussures shop or a specific address (e.g. home or workplace), or to a postal collection point or post office, or to a BPOST automatic collection box.

- Delivery to a Delcambe Chaussures shop is always free of charge.

- All other delivery options are free of charge for Product orders of at least €50.

If the order amount is less than €50, the Customer will be charged a flat delivery rate of €4. If part of the order is returned, reducing the total order amount following the return to less than €50, the Customer will no longer be eligible for free delivery and the carriage costs will be deducted from the refund amount.

 

In metropolitan France:

- Delivery may only be to a made to a specific address (e.g. home or workplace).

- The carriage costs for all Product orders of at least €50 will be a flat rate of €5.

If the order amount is less than €50, the Customer will be charged a flat delivery rate of €9. If part of the order is returned, reducing the total order amount following the return to less than €50, the Customer will no longer be eligible for a reduction in delivery costs and the carriage costs will be deducted from the refund amount.

 

Unless instructed otherwise by the Customer, if the latter places several successive orders, the Seller may group various orders together into a grouped shipment. Orders are processed in the order in which they are received.

 

The Products are packaged to ensure optimum protection during transportation. The carrier is BPOST SA.

 

The Customer is responsible for checking the condition of the parcel on receipt, in the presence of the delivery agent, for checking its content and for notifying the delivery agent immediately of any anomalies discovered (the package is damaged, open, empty, some or all of the Products ordered are missing). To do so, the Customer must send an email to service.centre@bpost.be detailing the anomalies discovered. At the same time, the Customer is also requested to contact the Seller's Customer Service department, to allow any disagreements or disputes to be properly followed up.

 

If the Customer was unable to check the parcel on delivery they will, as a general rule, be allowed three days to notify the carrier (BPOST) of any comments. If the order is cancelled, the Customer should send a copy to the Seller. If no reservations are expressed regarding the transport and delivery of the Products within the time limits, the Seller cannot accept any complaint made subsequently.

 

If the parcel or the goods received display a defect or anomaly, the Customer should take photographs of the anomalies discovered, to support the Seller’s claim in case it needs to seek redress from BPOST.

 

If the Customer has not received their parcel within 10 days of receiving the Seller's dispatch advice, they must contact the Seller. If insufficient information is provided, the Seller will be responsible for filing the necessary claim with the carrier and will dispatch replacement Products (provided they are available and can be delivered subject to reasonable terms and conditions), or else the Seller will offer the Customer a refund.

 

If Products are missing, the Customer must notify the Seller immediately, to enable the latter to take action within the time limits prescribed by law and/or in insurance policies. If, as a result of the Customer's delay in informing the Seller, the latter has been unable to take the necessary action in good time, the Customer will be held fully liable.

7. Returns:

In accordance with the regulatory provisions governing mail order sales, the Customer will have a period of 14 calendar days to withdraw their online order, from the day following the delivery date, during which period they must return their unwanted purchases.

 

The returns address is:

Delcambe Chaussures SPRL

118, rue Montavaux

7080 Frameries

Belgium

 

These terms and conditions for order withdrawal and this returns address only apply to Products purchased through the Seller's Website.

 

The Customer pays the costs of returning the article. They may either return it at their own expense to the above-mentioned returns address or else return it free of charge to a Delcambe Chaussures sales outlet. To ensure this return procedure is handled promptly, the Customer should contact the Customer Services department by telephone on +32/65408898 or by email to Customercare@delcambe.be.

 

Website Customers who have made an online purchase may request a refund for the Product they are returning to the Seller. If the article is returned in perfect condition, the return will be accepted and the purchase price actually paid will be refunded in full within approximately 14 days from receipt of the parcel.

 

In any event, the Products may not be returned if they have been soiled by the Customer and/or during transportation. The right of exchange or refund therefore only applies to Products which are returned in perfect condition, complete and with no trace of any impact, scratches, wear, scuffing, malfunction or obvious evidence of use. The Seller reserves the right to refuse to give an exchange or refund for Products returned which do not strictly comply with these terms. In order to minimize the risk of damage, we advise you to ship the Products in their original packaging.

 

The Customer will be fully liable for the costs of losses and damage during the return transport.

 

In the event of obvious misuse, unusually frequent cancellations by a Customer etc., the Seller may invoice the Customer the administration and cancellation costs, and/or may refuse to honour all of part of subsequent orders from that Customer, either for a specific period or indefinitely.

 

If the return is triggered by an obvious defect in the goods, a discrepancy between the goods ordered and those delivered, or an error that is directly attributable to the Seller, the return costs will be refunded to the Customer on top of the purchase cost, provided the return meets the terms and conditions for the acceptance of returns and for refunds.

 

8. Warranty:

All Products are covered by the legal warranty. The parties agree that the nature of the Products does not justify the legal assumption that any defect that becomes apparent within 6 months from delivery is deemed to have existed at the time of receipt.

 

Defects attributable to accident, negligence or abnormal use by the Customer or by a third party are not covered by the warranty, and such cases therefore cannot be categorised as a lack of conformity.

 

A warranty claim must be made by delivering the Products (dry, clean and in a hygienic condition, and in their original packaging) to a Delcambe Chaussures sales outlet or by sending the Product, with proof of purchase, to the returns address.

 

No return will be accepted if the Products appear to have been used improperly or if the Seller's instructions or directions have not been adhered to.

 

The Customer must clearly state the location of the defect in question on the article. The Seller's Warranty Department will then contact the supplier of the Product, who will decide whether or not to cover the defect cited under the warranty. If the defect can be repaired, the repair will be made at the Seller's expense and the Product will then be returned to the Customer. If the particular defect is not covered under the warranty, the Product will be returned to the Customer.

 

Shoes must always be returned in pairs, together with all accessories. In order to be eligible for a claim under the warranty shoes must, by their very nature, be shown to have been properly looked after. The warranty never covers the soles of shoes, except in the event of an obvious manufacturing defect.

 

9. Liability:

The purpose of this Website is to enable the Customer to find general information about the Seller's activities.

 

The Seller is only bound by an obligation of reasonable endeavour in relation to: access to the Website, the ordering process, the delivery process, and regarding the various services it offers.

 

The Seller will do everything in its power to ensure that the Website is accessible at all times and to a normal number of Customers. The Seller reserves the right to fully or partially suspend access to the Website without prior notification, to maintain or update it or for any other purpose.

 

The Seller may not be held liable for disagreements or losses caused through use of the Internet, an act of computer piracy, virus contamination, information posted or processed on the Website by third parties, or for any other fact or circumstance that is deemed by legal precedent to constitute an instance of force majeure.

 

The Seller may not be held liable for failure to respect the delivery period, where such delay arises through the fault of the carrier (BPOST), through loss of the Product or through a strike. The Customer declares that they have been informed of the risks inherent in transport and undertakes to address any associated claims to the carrier.

 

10. Protection of privacy:

In accordance with the law of 8 December 1992 relating to the protection of privacy during the processing of personal data, the personal data requested from Customers in order to create their Customer account are intended exclusively for internal use by Delcambe Chaussures SPRL. Under no circumstances will such information be divulged to third parties or sold on.

 

In accordance with the French Data Protection Act of 6 January 1978, the Customer has a right to access, amend, correct and challenge their personal data.

 

11. Intellectual property:

All the visual and audio elements of the Website are covered by intellectual property law. They are the exclusive property of the Seller. No downloading, reproduction, copying, publication, transmission or redistribution is authorised. Exceptionally, the Customer may download certain elements for non-commercial purposes or for their personal use.

 

Customers who have their own websites, and who wish to insert a link from their website to the Seller's Website, must obtain the Seller's prior authorisation.

 

12. Jurisdiction, governing law and complaints:

These General Terms and Conditions of Sale and their legal consequences are governed exclusively by Belgian law.

 

If one of the provisions of these general terms and conditions should be invalidated, this will not in any way undermine the validity of the other provisions hereof, nor cause them to be nullified.

 

Any dispute relating directly or indirectly to the contractual relationship between Delcambe Chaussures SPRL and the Website Customer will come under the exclusive jurisdiction of the courts and tribunals of the legal district of Mons (Belgium). The parties agree to choose Mons (Belgium) as the place in which the obligations deriving from delivery of the Products by the Seller to the Customer are established.

 

Complaints or disagreements will always be given a favourable reception, and anyone who takes the trouble to explain their situation politely will always be deemed to be acting in good faith. The Parties will therefore strive to find the optimum solution that best meets the Customer's wishes subject to reasonable commercial conditions, in the given circumstances.

 

In principle, complaints will be processed within a maximum period of 10 days from their date of receipt. If a solution cannot be reached within this period, a confirmation of receipt will be sent to the Customer, indicating the processing time. For this, the Customer will receive the name of the person ensuring the Customer's complaint will be dealt with.

 

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