Terms and Conditions
Article 1 – Object and scope
1.1 The present Terms and Conditions (hereafter, the “T&C’s”) define the rights and obligations of the parties in the context of the sale of products (hereafter, the “products”) through the website www.rivka.shoes (hereafter, the “website”). The present T&C’s apply to all the sale of products made through this website.
1.2 The T&C’s are concluded between the company Monsieur Adam SA, registered at the Belgian Crossroads Bank for Enterprises under number 0417.020.519 and with its registered offices located at 1050 Ixelles, Avenue Louise 150 (hereafter, the “seller”) and on the other hand, the person wishing to consult the website and make a purchase (hereafter, the “buyer”). The seller and the buyer are hereafter called together the “parties”. The parties agree that their relationship shall be exclusively governed by the T&C’s, to the exclusion of any conditions previously published on the website.
1.3 Any order of a product proposed on the website (hereafter, the “order”) supposes the prior consultation and express agreement of the T&C’s by the buyer.
Article 2 – Description and availability of the products
2.1 The products proposed for sale are those that appear on the website, with a description of their essential characteristics, on the day and at the precise moment of the visit of the website by the buyer, in the limit of the available stock. The seller endeavors to put all reasonable means to display the availability of the products in real time on the website but cannot be held liable if a product were not available to honor the order made by the buyer. In case of unavailability of one of the ordered products, the buyer will be informed thereof and shall have the possibility, either to modify his/her order or to cancel it, in which case he/she shall be reimbursed the amount of his/her order if the payment has already been made.
2.2 The photos, texts and other descriptive elements illustrating the products do not enter the contractual field. If the photos and/or text present an erroneous character, the seller’s liability cannot be incurred in this respect. The seller undertakes to provide its best efforts to correct as soon as possible the errors or omissions after having been informed thereof.
Article 3 – Price and shipping costs
3.1 The price of each product is displayed on the website (hereinafter the “purchase price”) in euros and VAT included. This price is valid in the countries for which the delivery is possible on the site, and does not include the deduction of any discount or purchase voucher granted to the buyer in his personal capacity. The seller reserves the right to modify his prices at any time, but the products will be invoiced on the basis of the purchase price in force at the time of the validation of his order, and subject to availability.
3.2. The shipping costs are free for orders above 139 EUR in the Benelux. If the products are exchanged, the second delivery is also free of charge. If the products are exchanged again, the shipping costs must be paid by the buyer. For orders below 138 EUR in the Benelux and orders in other countries where deliveries are possible, the shipping costs will be invoiced to the buyer.
3.3 At the time of the order, the buyers undertake to pay, where applicable, in addition to the purchase price of the ordered products, the costs of preparation and delivery (hereinafter the « fees »). These fees vary according to the type and quantity of products ordered, and the method of delivery chosen, including VAT. The buyer can consult the amount of these fees on the site by consulting his “Basket”, where a calculation of the total amount corresponding to the purchase price of the products and the expenses is displayed. The seller reserves the right to modify the amount of the fees at any time, but the fees will be invoiced on the basis of the rates in force at the moment of the validation of the order, and subject to availability. These fees will remain due and will not be refunded if the buyer returns all or part of the order under his right of withdrawal.
3.4 The products are only delivered to the countries for which the site authorizes delivery. Any erroneous delivery address is the buyer’s responsibility and may result in additional charges. The indicated delivery times are not binding but are given for information purposes only. Delay in delivery will not result in the termination of the order or the payment of damages to the buyer. The seller is entitled to make partial deliveries. In case of non-delivery of the goods, any sums paid by the buyer will be refunded without interest or any other form of compensation.
Article 4 – How to order
4.1 To place an order, the buyer must fill in the order form placed at his disposal on the site, in which he will include in particular the information necessary for his identification and specifically his surname, first name and the delivery address. The seller cannot be held liable for the consequences of the communication of incorrect information. After completing the order form, the buyer is invited to close the order process, by clicking on “Validate my order”, whereby the buyer declares to fully accept and without any reservation the entirety of the present T&C’s, definitively validates his orders and undertakes to pay the full amount due, ie the purchase price, plus fees, and minus any purchase vouchers.
4.2 The seller will confirm each order by sending an e-mail to the buyer to the e-mail address indicated by the buyer at the time of his affiliation (hereinafter the “order confirmation”). This order confirmation will mention in particular the date of the order, the product ordered, its purchase price, plus costs, and delivery terms. The data recorded by the seller, as well as the order confirmation, will constitute proof of the contractual relations between the parties.
4.3 The seller reserves the right to refuse or cancel any order or delivery in case of dispute with the buyer, total or partial non payment of a previous order or denial of authorization to pay by credit card from the banks. In this case, the liability of the seller shall under no circumstances be incurred.
Article 5 – Delivery
5.1. Delivery shall be made by the seller within the European Union and the cost of delivery shall be borne by the buyer.
5.2 The order is delivered at home or at the address indicated by the buyer. Orders are processed by Bpost in Belgium and Bpost International by other countries.
5.3 Upon delivery, a sales invoice is given to the buyer. The transfer of risks to the buyer takes place at the moment when the products ordered are made available to the delivery company. The proof of this availability will be materialized by the control system used by the deliveryman.
5.4 It is the responsibility of the buyer to verify the shipments on arrival and to make any reservations and claims which appear justified, or even to refuse the package, if it is likely to have been opened or there is evidence of deterioration. The said reservations and claims relating to the delivery of the products must be addressed directly and simultaneously to the carrier and to the seller, by registered letters with acknowledgment of receipt, within 3 working days following the delivery of the product (s).
Article 6 – Right of withdrawal and return policy
6.1 If the product(s) purchased on the site are not suitable for the buyer, the buyer shall have a period of fourteen (14) calendar days, starting from the day following day of delivery, to withdraw his/her purchase without penalty and without giving any motive, in accordance with the Belgian Code of Economic Law. Within this period, the buyer must notify the seller of his intention to use his right of withdrawal by sending an email to firstname.lastname@example.org with the full name of the buyer, a detailed description of the item(s) submitted.
6.2 The return to the seller will be made to the following address, unless otherwise instructed to the buyer, by using the label included in the parcel:
Mr. Adam SA
130 Avenue Louise
6.3 The costs associated with the first return shipping are the liability of the seller for orders in the Benelux. If the package is exchanged and then returned for a second time, the price of the latter must be paid by the buyer.
Outside of the Benelux, all returns must be paid by the buyer.
6.4 In the event that the buyer withdraws his / her right of withdrawal within the aforementioned period and returns products no later than fourteen (14) days after notification of his / her decision to withdraw in accordance with the terms agreed in the preceding paragraphs, seller agrees to reimburse the purchase price to the buyer, provided that it has already been paid, no later than 15 working days after receipt of the product (s) by the seller.
6.5 In the event of a refund of the returned products, the seller will credit the credit card used or bank account for the payment of the said products in an amount equivalent to the purchase price thereof, minus the amount of the voucher (s) purchase or discounts that occurred during the order. The reimbursement of the buyer will be made according to the terms agreed with the banking organization issuing the card.
6.6 The buyer will not be able to use his right of withdrawal and / or exchange if the product(s) delivered clearly has been used for a long time (beyond of a few minutes), have been damaged or have missing parts.
6.6 The product(s) must be returned properly packed in its original packaging, in perfect condition for resale (not damaged or dirtied by the buyer) accompanied by any accessories, operating instructions, etc., to the address given above. Otherwise, they cannot be taken back or exchanged.
6.8 In case of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.
Article 7 –Protection of privacy with regard to the processing of personal data
7.1 The seller collects personal data concerning buyers, which are communicated on the site or by e-mail. He / she undertakes not to disclose this data to third parties. These are confidential. They will be used by its internal departments only for the processing of orders, with the aim of strengthening and personalizing the communication, in particular by means of letters / information e-mails and in the context of personalizing the site according to the preferences of buyers, or for monitoring solvency.
7.2 The seller therefore does not sell, transfer, or lease to third parties information about buyers. In the event of the transfer or use by third parties of personal data, the seller undertakes to inform the buyer beforehand in order to enable him to exercise his right to object. The seller may also provide consolidated statistics relating to its buyers, sales, trade structure and information on the site to trusted third parties, but these statistics will not contain any personal data. However, this article shall not prevent the transfer or transfer of activities to a third party.
Article 8 – Liability
8.1 The seller only undertakes obligations of means, for all the stages of access to the site, from the order, to the delivery or to the later services. The seller may not be liable for any inconvenience or damage inherent in the use of the Internet, including a breach of service, external intrusion or the presence of computer viruses, or any fact that may be described as force majeure. In any event, the seller’s liability under these T&Cs shall not exceed an amount equal to the sums paid or payable in the transaction giving rise to said liability, whatever the cause or form of the action concerned.
8.2 The seller cannot be held responsible for cases of force majeure such as a delay in performance or for non-performance of his commitments due to events beyond his normal control, including interruptions of production, supply or shortage of raw materials, labor, energy or transport, or delays in transport, strikes, lock-outs, interruptions of work or other collective labor disputes affecting or affecting its suppliers, even if these events were predictable.
Article 9 – Intellectual property
All elements of the site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents, and more generally by intellectual property. They are the exclusive property of the seller. A buyer who has a personal website and who wishes to place a simple link directly on the site for personal use on his own site must authorize the seller to do so. This will not be an implicit affiliation agreement. On the other hand, any hypertext link referring to the site and using the technique of framing or in-line or deep linking is formally prohibited. In all cases, any link, even tacitly authorized, will have to be withdrawn upon request of the seller.
Article 10 – Contact dispute resolution
In case of questions about the purchase, the buyer can contact the seller by e-mail at email@example.com. The seller undertakes to respond to the buyer’s request as soon as possible.
Article 11 – Annulment and entire contract
If one or more provisions of the T&C’s are held to be invalid or declared to be invalid by virtue of a law, regulation or as a result of a final decision of a competent court, the other stipulations shall retain their full force and their scope. The T&C’s and the order summary sent to the buyer constitute the entirety of the contractual relations between the parties. In the event of any inconsistency between these documents, the T&C’s shall prevail.
Article 12 – Change of the T&C’s
The seller reserves the right to modify the T&C’s and shall communicate the new version to the sellers through the website.
Article 14 – Governing law and competent courts
The present T&C’s are governed by Belgian law. In case of dispute, an amicable resolution will be sought before any legal action. In the absence of an amicable resolution, the Francophone Courts of Brussels will have exclusive jurisdiction for any dispute.