General Terms and Conditions for use and sales on the Website www.val-saint-lambert.com
Version applicable on April 09, 2019
Val Saint Lambert SA, société anonyme under Belgian law with offices in Belgium in B-4100 Seraing, Cour du Val 245.
Company number 0425.334.904
VAT number BE 0425.334.904
Phone: +32 (0) 4 337 32 00
E-mail: info@val-saint-lambert.com
1. Definitions
Customer: any visitor who makes an online purchase of goods offered by the Seller on the Website;
Conditions: these General Terms and Conditions of use and sale ;
Website : www.val-saint-lambert.com
Seller: Val Saint Lambert SA, identified above
Consumer: any physical person acting for purposes unrelated to his professional, industrial, craftsman or liberal activity.
2. Scope
These Conditions apply to any order made by a Customer on the Website. They prevail over any other general or specific conditions.
The Conditions are systematically made available to Customer by email when placing an order on the Website and are available at any time on the Website. The Conditions are likely to be modified from time to time by the Seller. The applicable Conditions are those applicable on the day the order is placed. The Website offers the possibility to the Customer save or print the Conditions.
The Customer who places an order on the Website declares that he enjoys full legal capacity. Nevertheless, any purchase made on the Website by a person who does not enjoy legal capacity in the meaning of the Belgian civil code shall be under the responsibility of his or her legal representative.
The Customer shall purchase the goods for his own use and acknowledges that he is not allowed to resell them in full or in part.
3. Goods
Before placing an order, the Customer has the possibility to learn about the main characteristics of any good that he or she wishes to order.
The goods offered by the Seller on the Website are described in good faith and as exactly as possible. The pictures, colors and descriptions displayed on the Website are however only for indicative purposes and not contractually binding.
The offers of goods made on the Website are applicable depending on the availabilities and the Seller is entitled to modify at any time the goods available for sale on the Website.
The Seller shall not be liable for any damage resulting from the unavailability of a good. In case it turns out a good of which the order was confirmed is unavailable, the Customer will be informed by email or by phone of the entire or partial cancellation of his or her order. If the unavailability of a good is announced to the Customer after the payment of the price, the Seller shall reimburse the price paid for such good.
4. Order
Any order requires the unconditional acceptance of these Conditions by the Customer. The Customer is requested to accept them before finalising his or her order on the Website.
The Customer selects the goods of his or her choice by adding them to his or her cart. The cart constitutes the purchase order of the Customer, who has the possibility to verify and modify his or her order at any time via the “Shopping cart” tab.
Once the order is completed, a summary will be displayed and the Customer will have the possibility to modify his or her order. At the end of the ordering process, the Customer should provide the invoice and delivery details (personal details - addresses - delivery and payment method).
The details provided by the Customer are binding. In case of mistake in the delivery details, the Seller shall not be responsible for the impossibility to deliver the good(s) nor for any damage resulting therefrom.
5. Order confirmation
An order confirmation is sent to the Customer by the Seller, on the email address provided by the Customer when ordering on the Website. This confirmation shall mention the order number.
The Seller reserves its right to refuse an order in case of ordering or availability issues.
The Seller reserves the right to refuse any order having an abnormal character, particularly when the quantity ordered obviously exceeds the reasonable needs of a Consumer.
6. Price and payment terms
The prices mentioned at the end of the ordering process are in euros and include VAT, as well as possible administrative costs, unless mentioned otherwise. They do not contain any wrapping and shipping costs, which shall be charged extra.
In case of sale to a Customer established outside the European Union, customs duties may also apply. Such duties will be at the sole expense of the Customer who is invited to inquire about the applicable rules in the country of delivery.
The Seller reserves its right to modify the sale price at any time; nevertheless, the goods purchased will be invoiced at the price mentioned on the Website at the time of the order.
The purchases can be paid solely by bank transfer, Bancontact, Maestro, KBC/CBC online, ING homepay, Belfius netbanking or by MasterCard® or Visa® credit card. Upon reception of the bank transfer or debit authorization on the Customer’s credit card, the order will be automatically processed and will constitute a binding undertaking from the Customer, subject to the provisions of Article 10.
7. Delivery
Any order made on the Website can be delivered in the countries referred to in the scroll-down menu when the order was made. The Seller reserves its rights to modify the countries in which the delivery is possible.
If the Customer wants the goods to be delivered at a friend or neighbour, or at his or her working place, it has to indicate such preference when placing the order.
The delivery to Customers is entrusted to a carrier of Seller’s choice, it being understood that the carrier's conditions may appy to such delivery. The delivery occurs through the personal delivery to the addressee specified by the Customer, with for each delivery the signature of a delivery receipt by the addressee.
The addressee should in any case verify the content and the state of the parcel before signing the delivery receipt. Any dispute regarding the shipment (including i.a. breakage, damaged packaging, etc.) should be systematically reported by the Customer to the deliverer and then confirmed within two working days to the carrier and the Seller , by registered letter stating with precision the nature and the location of the alleged defects, otherwise the Seller will not be able to follow up with any potential return or reimbursement request.
All risks pertaining to the goods, including loss or damages, will be transferred to Customer upon physical receipt of the goods by Customer, or by any third party indicated by Customer, other than the carrier.
Delivery times are listed in the description of the good, and shall in any event not exceed the legal term of 30 days following the conclusion of the agreement
The Seller is allowed to split the delivery of the goods, depending on their availability.
In case of exceptional unavailability of a product, the Customer will be informed by email or by phone. The Seller will offer the following options to the Customer:
- delaying the delivery of the entire order, until the concerned good is restocked;
- accepting a partial delivery, with reimbursement of the purchase price of the goods which could not be supplied, it being understood that the Customer will have the possibility to place a new order once the goods will be available again;
cancelling the order, with reimbursement of the entire amount of the order.
8. Pick-up at the Seller’s premises
When the Customer chooses to pick up the purchased product at the Seller's premises, the payment confirmation email referred to in Article 6 shall specify when the product will be available and for how long.
The Customer is invited to pick up the product during the opening hours of the Val Saint Lambert Boutique. The Customer may not collect the product if he has not paid the price in accordance with Article 6.
If the Customer does not pick up his order within the time limit mentioned in the payment confirmation email, the Sheller will not be liable for any loss or damage to the product during storage.Subject to Article 10, the Customer may not claim a refund of the price if he does not pick up his order within the above-mentioned deadlines.
9. Warranty
The Seller warranties that the goods are free from any defect in terms of materials, design and manufacture, at the time of their initial purchase.
The Seller further warranties that the goods sold on the Website are functioning properly and are not affected by visible or invisible defects, which would make their normal use impossible or hazardous.
The Seller is bound toward consumers established in a Member State of the European Union by the legal warranty of 2 years provided by articles 1649bis to 1649octies of the Belgian Civil Code. The Consumer acknowledges that the replacement of the defective product can turn out to be impossible for certain goods produced in limited quantity in which case the consumer will only be eligible to ask for an appropriate reduction of the price.
The Seller is also bound by the legal warranty for “hidden defects” provided at articles 1641 to 1649 of the Belgian Civil Code, provided that the Customer activates this warranty within the month following the discovery of the defect at the latest.
As the case will be, any specific warranty applicable for a certain product will be clearly mentioned in the product description, to the exclusion of any other broader warranty.
The Seller shall not be held responsible for any technical defect of the delivered goods, unless they are immediately mentioned when unwrapping the order. The goods which are damaged willingly or
In any case, do not fall under the warranty the damages due to:
- the negligence of the Customer (breakage);
- the attempt of the Customer to repair the good;
- the improper use of the good by the Customer (scratches, use of inappropriate of maintenance products…)
- an event of force majeure (loss, theft…)
- the normal wear of the good, transportation, inappropriate use and/or non-compliance with the instructions of use.
10. Right of withdrawal
The Customer has the right to withdraw his or her order, without justification and without costs other than those provided herein below.
The right of withdrawal should be exercised no later than 14 calendar days after:
- the day when the Customer or a third party indicated by the client, other than the transporter takes physical possession of the goods;
- in case of multiple goods ordered by the Customer in one order and delivered separately, the day when the Customer or a third party indicated by the Customer, other than the transporter, takes physical possession of the last of the goods.
The Customer informs the Seller before the expiry of the withdrawal period, of its decision to withdraw from his order. For this purpose, the Customer is invited to complete the form available on the Website at the following address https://www.val-saint-lambert.com/img/cms/Formulaire-de-retractation.pdf
The Customer’s right of withdrawal is subject to the return of all the delivered goods within 14 business days from the notification that he or she would exercise his or her right of withdrawal, as provided under Article 10 and 11. When the Customer exercises his or her right of withdrawal in accordance with this article, the Seller shall reimburse him or her all the payments received, including, where applicable, the shipping costs, as provided under Article 10 and 11.
The right of withdrawal provided under this Article is only available to Consumers, and not to Customers making purchases in the framework of their commercial, industrial, artisanal or professional activities. The Customer is considered making a purchase in such framework when he mentions his or her intra-Community VAT number, or the identification number of a firm established outside the European Union.
11. Returns
The returns made by the Customer pursuant to Article 10 are subject to the following rules.
The Customer returns or gives back the products to the Seller at the following address: Val Saint Lambert, Cour du Val 245 à B-4100 Seraing, Belgique, at the latest 14 days following to the communication of his or her decision to exercise his or her right of withdrawal in accordance with Article 10. The sending date by Customer shall be taken into account to verify the respect of this deadline. Any return made after these 14 days shall be refused and return to sender.
The Customer shall bear all costs related to the return, except if the Seller expressly indicated that he will take them at its expense.
The returned goods should be sent in their new state, in their original packaging which should also be in perfect state, along with the invoice and the duly completed return form. The Seller reserves its right to refuse the return products if they are damaged, stained or wear traces of use. Any return which cannot be identified shall be refused.
Goods which were custom-made including i.a. any personnalised item cannot be returned.
12. Reimbursement
The reimbursements made by the Seller in application of Article 10 are subject to the following rules. The Seller shall reimburse all payments received from the Customer, including where applicable the delivery costs, within 14 business days following the day when the Seller is informed of the Customer’s decision to withdraw his or her order in application of Article 10. The seller will reimburse once the products are returned by the Customer. The Customer will be informed of the reimbursement by email.
Notwithstanding the above, the Seller will only reimburse the shipping costs corresponding to the less expensive standard delivery method. The costs related to other more expensive delivery methods expressly chosen by the Customer will remain at his or her charge.
The Seller will reimburse the costs by the same payment method as used by the Customer for the initial transaction, unless expressly agreed otherwise by the Customer and, in any event, without additional charge for the Customer.
The reimbursement is subject to the return in accordance with the conditions set forth under Articles 10 and 11.
13. Intellectual property rights
The trademarks VAL SAINT LAMBERT are the exclusive property of the Seller.
The Seller is the proprietor of any and all copyright and design rights on the products offered for sale on the Website. Any and all data contained in the Website are the exclusive property of the Seller, including i.a. texts, photographs, pictures and the database of the Website’s content.
Any reproduction or use of all or part of these elements, in any way whatsoever, without the Sellers consent, is prohibited and subject to civil and criminal proceedings.
14. Liability
The Seller takes the greatest care in preparing the content of the Website. Nevertheless, it cannot be held liable for mistakes that would appear in such content. Notwithstanding its legal warranty obligation, the Seller can under no circumstances be held liable for damages suffered from a defect, dysfunction or inadequate use of the goods, unless in case of willful misconduct of the Seller, its employees or representatives. The Seller cannot be held liable for the failure to deliver the ordered goods, in case of force majeure, such as i.a. disruptions or total or partial strikes of the postal, transportation and/or communication services, flood, fire, etc.
In any event, the Seller’s liability shall remain limited to the compensation of the direct damages, caused to the Customer for a total amount limited to the amounts paid for the order following to which the liability of the Seller would be invoked.
15. Disputes and applicable law
Any dispute regarding the use of the Website and the application or interpretation of these Conditions, is subject to Belgian law. The Brussels French speaking court are competent in case of dispute.
16. Personal data
The Customer is invited to consult the Charter regarding the processing of personal data available on the Website at the following address https://www.val-saint-lambert.com/en/content/14-privacy-policy