General Terms and Conditions of Sale and Use
DEFINITION OF PARTIES
Between the Company ESMÉE THE LABEL, with its registered office located in Belgium, Avenue Jean van Horenbeeck 34-36, B-1160 Brussels, registered with the BCE under number 0461.502.640, represented by Aubert de Cambry de Baudimont, duly authorized for the purposes herein.
The Company is the publisher of the website www.esmeethelabel.com (hereinafter referred to as the "Site"). The Site is hosted by Shopify. The company can be contacted by email by clicking on the contact form accessible via the homepage of the site. Hereinafter referred to as the "Seller" or the "Company." On the one hand, And the natural or legal person making the purchase of products or services from the company, Hereinafter referred to as the "Buyer" or "Customer" On the other hand.
PREAMBLE
The Seller is the publisher of clothing and accessories products and services marketed through its website (www.esmeethelabel.com). The list and description of the goods and services offered by the company can be consulted on the aforementioned website as well as its sales pages.
ARTICLE 1 - PURPOSE
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products and Services offered by the Seller.
ARTICLE 2 - GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTC) apply to all sales of Products or Services made through the Company's website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC can be consulted on the Company's website at the following address: https://esmeethelabel.com/pages/terms-and-conditions-of-sale-and-use. The Company also ensures that their acceptance is clear and unconditional at the time of purchase. The Customer declares that they have read all of these General Terms and Conditions of Sale, and where applicable, the Specific Terms and Conditions of Sale related to a product or service, and accept them without reservation or restriction. The Customer acknowledges that they have received the necessary advice and information to ensure the suitability of the offer for their needs. The Customer declares that they are legally capable of entering into a contract under Belgian law or validly representing the natural or legal person for whom they are committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 - PRICE
The prices of the products sold through the websites are indicated in Euros, including all taxes (VAT), and precisely determined on the product description pages, excluding specific shipping fees. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and amounts are not within the Seller's jurisdiction. They will be the responsibility of the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
ARTICLE 4 - CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of specific steps for each Product or Service offered for sale by the Seller in order to place an order. However, the steps described below are systematic: - Information on the essential characteristics of the
Product; - Choice of the Product, where applicable, its options, and indication of the Customer's essential data (identification, address, etc.); - Acceptance of these General Terms and Conditions of Sale. - Verification of the elements of the order and, if necessary, correction of any errors. - Follow the instructions for payment and payment of the products. - Delivery of the products. The Customer will then receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order. For delivered products, delivery will be made to the address or pickup point indicated by the Customer. For the proper fulfillment of the order, the Customer undertakes to provide accurate identification information. The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.
ARTICLE 5 - PRODUCTS AND SERVICES
The essential characteristics of the goods, services, and their respective prices are made available to the buyer on the company's websites. The customer acknowledges having received details of the delivery costs as well as the terms of payment, delivery, and performance of the contract. The Seller undertakes to fulfill the Customer's order within the limits of available stocks only. Otherwise, the Seller informs the Customer. These contractual information is presented in detail and in the French language. In accordance with Belgian law, they are subject to a summary and confirmation when validating the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of the validity of the offer of the Products as well as their prices is specified on the product sales pages, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted under these terms and conditions are granted only to the natural person signing the order (or the person holding the communicated email address). In accordance with the legal provisions regarding conformity and hidden defects, the Seller refunds or exchanges defective products or those that do not correspond to the order. The refund can be requested by contacting the Seller by email at the following address: info@esmeethelabel.com
ARTICLE 6 - OWNERSHIP RESERVATION CLAUSE
The products remain the property of the Company until the full payment of the price.
ARTICLE 7 - DELIVERY TERMS
The products are delivered to the delivery address indicated during the order and within the specified time frame. This period does not take into account the preparation time for the order. When the Customer orders several products at the same time, they may have different delivery times and be shipped using different methods. The Seller reminds that when the Customer physically takes possession of the products, the risk of loss or damage to the products is transferred to them.
ARTICLE 8 - AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to the stocks available from our suppliers.
ARTICLE 9 - PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make the payment by credit card. The Site uses the secure system of STRIPE, a provider specialized in online payment security. This system guarantees the total confidentiality of the Customer's banking information. The banking transaction by credit card, carried out between the Customer and the secure system, is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company. Once the payment is made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount
indicated. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error or impossibility to debit the card, the Sale is immediately resolved automatically, and the order is canceled.
ARTICLE 10 - RIGHT OF WITHDRAWAL
In accordance with Belgian law, "the consumer has a period of fourteen calendar days to exercise their right of withdrawal without having to provide any justification or pay any penalties, except, if applicable, the return costs." "The aforementioned period starts from the receipt of the goods or the acceptance of the offer for the provision of services." The right of withdrawal can be exercised by contacting the Company by email. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased product(s) and the delivery costs will be refunded, while the return costs remain the responsibility of the Customer. The products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be resold as new; they should preferably be accompanied by a copy of the proof of purchase. Sale items are not eligible for returns or exchanges.
ARTICLE 11 - WARRANTIES
In accordance with the law, the Seller provides two warranties: the conformity warranty and the warranty against hidden defects of the products. The Seller will either refund the buyer or exchange apparently defective products or products that do not correspond to the order placed. The request for a refund must be made by contacting the Seller by email or regular mail. The Seller reminds the consumer that they: - have a period of 2 years from the delivery of the goods to take action with the Seller - can choose between the replacement and repair of the goods, subject to the conditions provided for by the aforementioned provisions, for apparently defective products or products that do not correspond - are exempt from providing proof of the existence of the conformity defect of the goods during the six months following the delivery of the goods - for non-used goods, this period will be extended to 24 months from March 18, 2016 - can also invoke the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code, and in this case, they can choose between canceling the sale or reducing the selling price.
ARTICLE 12 - COMPLAINTS
If applicable, the Buyer may submit any complaints by contacting the company by email or regular mail.
ARTICLE 13 - INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts, or any other information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions of Sale. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.
ARTICLE 14 - FORCE MAJEURE
The performance of the Seller's obligations under these terms and conditions is suspended in the event of unforeseen circumstances or force majeure preventing their execution. The Seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 - NULLITY AND AMENDMENT OF THE CONTRACT
If any provision of this contract is declared null and void, such nullity will not affect the validity of the other provisions, which will remain in force between the parties. Any contractual amendment is valid only after a written and signed agreement by the parties.
ARTICLE 16 - GDPR AND PERSONAL DATA PROTECTION
In accordance with the European regulation on the protection of personal data, you have the right to inquire, access, modify, oppose, and rectify the personal data concerning you. By accepting these general terms and conditions of sale, you consent to the collection and use of this data for the execution of this contract.
ARTICLE 17 - APPLICABLE LAW
All clauses in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to Belgian law.
ARTICLE 18 - PREORDERS
A preorder allows you to purchase a product before its official availability on the market. Preorders can be placed online through our website. We will provide an estimated delivery date during the preorder. The delivery date is based on information provided by our workshop in Bali.
Please note that estimated delivery dates are subject to change due to factors beyond our control, such as production delays, logistical issues, or unforeseen constraints. When you place a preorder, you will receive an order confirmation via email.
Please carefully review all details of your order, including the shipping address and product specifications, and contact us immediately in case of any errors. All payments are subject to our refund and cancellation policy. Please refer to it for more details.
You can modify or cancel your preorder before it is shipped. Please contact us as soon as possible for any modification or cancellation requests (restrictions may apply to modifications or cancellations, including fees or penalties). Once the items are available and ready to be shipped, we will send you a notification by email. Please note that the actual delivery date may differ from the initial estimated date. We will do our best to keep you informed of any delays.