TERMS AND CONDITIONS OF USE AND SALE

Updated on 24/03/2020

 

The website

www.delanabymt.com

(hereinafter the "Platform")

is an initiative of :

dev sprl located at 135 Kerkeveldweg, 1640 Rhode-Saint-Genèse, Belgium Company 

 (BCE/VAT): BE0863538045 E-mail: delanabymt@gmail.com 

Telephone: +32 4 76 347 006

(hereinafter "dev sprl" or the « Vendor")

 

I. TERMS AND CONDITIONS OF USE


1. Scope of application

 

These general terms and conditions of use (hereinafter the "GCU") apply to any visit or use of the Platform and its information by an Internet user (hereinafter "User").

By visiting or using the Platform, the User acknowledges having read these GCU and expressly accepts the rights and obligations mentioned therein.

Exceptionally, the provisions of the GCU may be waived by written agreement. These derogations may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the GCU.

We reserve the right to modify our TOS at any time without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.


2. Platform

 

  1. Access and Navigation

 

We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer a guarantee of absolute operability and our actions must therefore be considered as covered by an obligation of means.

Any use of the Platform is always at the User's own risk. Thus, we are not liable for any damage that may result from possible malfunctions, interruptions, defects or harmful elements present on the Platform. We reserve the right to restrict access to the Platform or to interrupt its operation at any time without prior notification.

 

3. Intellectual property

 

Not only the structure of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that make it up or that are accessible via the Platform are the property of the publisher and are protected as such by the laws in force with regard to intellectual property.

Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights on the Platform.

The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial use. 

Except with prior written consent, Users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.

Users are prohibited from entering data on the Platform that would modify or be likely to modify its content or appearance.


4. Protection of personal data

 

The personal data provided by the User when visiting or using the Platform are collected and processed by dev sprl exclusively for internal purposes. dev sprl assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it always undertakes to communicate in a clear and transparent manner on this point.

dev sprl undertakes to comply with the applicable legislation in this respect, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The User's personal data is processed in accordance with the Privacy Charter available on the Platform.


5. Applicable law and competent jurisdiction

 

These Terms and conditions are governed by Belgian law.

In case of dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where dev sprl has its registered office.

 



II. GENERAL TERMS AND CONDITIONS OF BUSINESS


1. Scope of application

 

These general terms and conditions of sale (hereinafter the "GTC") define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter the "Customer").

The GTC express the entirety of the parties' obligations. The Customer is deemed to accept them without reservation, failing which his order will not be validated.

Exceptionally, the provisions of the GCS may be waived if such waivers have been agreed in writing. Such deviations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GTC.

dev bvba reserves the right to modify the GTC from time to time. The modifications shall be applicable as soon as they are put online for any purchase after this date.


2. On-line shop

 

Through the Platform, the Vendor provides the Customer with an online shop presenting the products or services sold, without the photographs having any contractual value.

The products or services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Vendor's liability may not be engaged as a result. The products and services are offered within the limit of their availability.

Prices and taxes are specified in the online shop.


3. Price

 

The Seller reserves the right to modify its prices at any time by publishing them online.

Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability on that date.The prices are indicated in euros and do not take into account possible delivery charges, which are indicated and invoiced in addition before the validation of the order by the Customer.The total amount of the order (including all taxes) and, where applicable, delivery charges are indicated before final validation of the order form.

 

4. Online ordering

 

The Customer has the possibility to fill out an order form online, by means of an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.For his order to be validated, the Customer will have to accept the present GTC by clicking on the indicated place.The Customer will have to provide a valid e-mail address, billing information and, if applicable, a valid delivery address. Any exchange with the Seller may take place using this e-mail address. In addition, the Customer must choose the delivery method and validate the payment method. The Seller reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the Customer's account until the problem is resolved.


5. Confirmation and payment of the order

The Seller shall remain the owner of the items ordered until full payment of the order has been received.

 

  1. Payment

 

The Customer shall make payment at the time of final validation of the order using the chosen payment method. This validation takes the place of a signature.

The Customer guarantees the Vendor that he has the necessary authorisations to use this method of payment and acknowledges that the information given to this effect is proof of his consent to the sale and to the payment of the sums due for the order.

The Seller has set up a procedure for checking orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the Customer for identification data.

In the event of refusal to authorise payment by credit card by accredited organisations or in the event of non-payment, the Vendor reserves the right to suspend or cancel the order and its delivery.

The Vendor also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

 

b. Confirmation

 

Upon receipt of the validation of the purchase accompanied by payment, the Seller shall send to the Customer, together with an invoice, unless the latter is delivered with the order.

The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.

In the event of unavailability of a service or product, the Vendor will inform the Customer by e-mail as soon as possible in order to replace it or to cancel the order for this product and possibly refund the related price, the remainder of the order remaining firm and definitive.


6. Proof

The communications, orders and payments between the Customer and the Seller may be proved by means of computerized registers, kept in the Seller's computer systems under reasonable conditions of security. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.


7. Delivery

 

Delivery is only made after confirmation of payment by the Seller's bank. The products are delivered to the address indicated by the Customer on the online order form. Any additional costs resulting from incomplete or erroneous information provided by the Customer will be invoiced to him. For reasons of availability, an order may be subject to several successive deliveries to the Customer. The delivery takes place, according to the mode chosen by the Customer, within the following time limits:

Once your order has been placed, you will receive a confirmation email from us. We make each part on request. This means that we have no stock and start knitting once the order has been validated with you.  The production time varies from 5 to 15 working days depending on the number of orders. From this time and depending on your location, it will take 3 to 5 days to send you your order. We will keep you informed of the progress of the creation of your sweater at each stage. Delivery times are given as an indication only. No compensation can be claimed from the seller in case of late delivery. If delivery times exceed thirty days from the order, the sales contract may be terminated and the Customer reimbursed.

 

  1. Verification of the order

 

Upon receipt of the products, the Customer or the recipient checks the good condition of the product delivered or the conformity of the service provided.

In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier at the time of delivery and immediately notify the Seller.

The verification is considered to have been carried out once the Customer or a person authorized by him has received the order without issuing a refund.

 

 

Any reservation not made in accordance with the rules defined above and within the allotted time will not be taken into account and will release the Seller from any liability towards the Customer.

 

b. Error of delivery

In the event of a delivery error or non-conformity of the products in relation to the indications appearing on the order form, the Customer shall inform the Vendor within three working days following the delivery date.

Any complaint not made within the given time limit shall not be taken into account and shall release the Seller from any liability towards the Customer.

 

c. Returns and exchanges

 

Please choose carefully. As we produce Made to order pieces, we do not offer returns or exchanges.  
We are happy to answer any questions you may have before you purchase.


8. Guarantees

The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.


9. Data protection

The Seller will keep in its computer systems and under reasonable conditions of security a proof of the transaction including the purchase order and the invoice.

The Seller guarantees its Customer's personal data protection in accordance with the Privacy Charter available on the Platform.


10. Force majeure

If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond his control, then it is a question of force majeure.

In the event of force majeure, the Seller is entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller shall notify the Customer immediately.

If the force majeure lasts for more than 90 days without interruption, either party to the contract shall have the right to terminate the contract unilaterally, by registered letter sent to the other party. The services already performed by the Seller shall nevertheless be invoiced proportionally to the Customer.


11. Independence of the clauses

The illegality or nullity of any provision of these GTC shall not affect the validity and enforceability of the remaining provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.


12. Applicable law and jurisdiction

These GTC are governed by Belgian law.

In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller's registered office.