GENERAL CONDITIONS OF SALE
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ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale (GTC) govern the contractual relations between the company PAOLINA CLOTHES, registered with the Crossroads Bank for Enterprises in Belgium under number 0725 554 159, and whose registered office is located at rue de l'Espiniat, 29 – 1380 Lasne – Belgium, hereinafter referred to as Paolina and any natural or legal person wishing to purchase products offered for sale by Paolina, hereinafter referred to as "the Customer".
By validating his order, the Customer declares that he accepts without reservation the terms of the order as well as all of these General Terms and Conditions.
The Customer is informed that these may be updated at any time. He must therefore consult this page regularly in order to be aware of any changes that may be made to them.
ARTICLE 2 - ORDER
The products offered for sale by Paolina are women's fashion items created by designer Macha Dormal.
The characteristics of the articles are predefined as much as possible on the price offer, the order form or on the website www.paolina.be , which allows the Customer to know, before the final order is placed, the essential characteristics of the articles he orders. The Customer acknowledges that his acceptance is made in consideration of these descriptions. Any dispute concerning the nature of the article must refer to the product description sheet.
For online orders more specifically, the ordering process is as follows:
· Choice of articles and their essential characteristics;
· Add to cart;
· Validation of the contents of the basket;
· Identification on the site www.paolina.be , if the Client is not already identified;
· Choice of delivery method;
· Choice of payment method and acceptance of the T&Cs;
· Payment validation;
During these different stages, the Customer can view the details of his order and its total price as well as correct any errors, before confirming it.
Confirmation of the order entails acceptance of these General Terms and Conditions, recognition of having full knowledge of them and the waiver of any other rights. All data provided when ordering and its confirmation constitute proof of the transaction.
Once the order has been validated, the Customer acknowledges that his acceptance constitutes a firm and irrevocable commitment: the sale is considered complete, and its price is immediately due by the Customer. The Customer then no longer has any right of rectification, exchange or return (in particular in the event of an error in size or text).
Paolina then sends an order confirmation email. This email only confirms receipt of the order by Paolina.
Once the order is confirmed, if the item is not in stock, the maximum production time is 8 weeks. Paolina sends an information email to the Customer when each item is produced. None of these emails constitutes acceptance of the order. No sales contract is formed between the parties before Paolina sends confirmation by email that the items ordered have been shipped to the Customer, and only the items listed in the shipping confirmation email constitute the subject of said contract.
Paolina reserves the right to cancel or refuse any order from a User with whom there is a dispute relating to the payment of a previous order, or which presents any form of risk in its eyes.
Paolina undertakes to honor orders received on its site only within the limits of available stocks. In the event of unavailability of one or more ordered items, the company undertakes to inform the Customer as soon as possible and, where applicable, to reimburse the Customer no later than 45 days following payment of the amounts paid. The Customer's order will then be automatically canceled.
ARTICLE 3 - PRICE
All prices mentioned in the price offer or on the website www.paolina.be are indicated in euros, all taxes included, excluding participation in shipping costs.
The validity period of the prices of the articles offered on the site www.paolina.be is 24 hours from their publication on the said site. The articles are invoiced on the basis of the rates in force at the time of registration of the order.
The price is only payable in full, in a single payment.
The items remain the property of Paolina until full payment has been received by the latter.
Paolina makes every effort to ensure that all details, descriptions and prices that appear on its site are accurate, but errors may occur. If an error is found in the price of the goods that The Customer has ordered, one of Paolina's members will inform the Customer as soon as possible by e-mail and give the Customer the choice of reconfirming the order at the actual price or cancelling it.
Payment is due by the Customer immediately after placing the order. The Customer then proceeds to pay for his order via the online payment system. The order will be processed upon receipt of approval, in accordance with the procedure described in Article 4.
An electronic invoice may be provided by the site. In this case, the Customer is required to specify the email address to which the invoice should be sent.
VAT payment conditions:
Unless otherwise stated, the prices displayed on the website include VAT at the Belgian rate.
- Shipping to Belgium:
Individuals and businesses: the sale includes VAT at the Belgian rate of 21%.
- Shipping to another country in the European Community:
Individuals: the sale includes VAT at the Belgian rate of 21%.
Businesses: the sale is exclusive of VAT (provided that a valid intra-community VAT number is provided).
ARTICLE 4 - PAYMENT TERMS
If the order is not made via the website, payment is made by bank transfer to the account number appearing on the price offer or order form.
If the order is made via the website, the latter has chosen to receive credit card payments via a secure payment system which encrypts all information relating to the use of the card during the online payment transaction via the site.
The online payment page asks the Customer to enter their card number, expiration date, and security code (3-digit number on the back of the card).
The site cannot be held responsible for the consequences of the use of the credit card (fraudulent or otherwise) which could be made by third parties, including through intercepted messages.
When the order is completed, the Customer is redirected to the secure site for the complete payment transaction. This mechanism guarantees the confidentiality of payment data (in particular credit card numbers) because the site never has knowledge of the Customer's credit card number, which the financial institution receives in encrypted form.
Once the payment is accepted and confirmed, the secure payment company proceeds to verify and execute the payment.
ARTICLE 5 - PROPERTIES - RISKS
Transfer of ownership of the product only takes place after full payment of the price of the product, regardless of its delivery date.
The transfer of risks takes place at the time the product is delivered to the Customer, if the Customer is an individual (consumer within the meaning of the Belgian law of 6 April 2010 relating to market practices and consumer protection).
If it is a sale to a professional, the risk of loss is transferred to them upon delivery of the package to the carrier.
The date stated on the delivery document is valid proof of the delivery date.
ARTICLE 6 - SHIPPING AND DELIVERY
Delivery takes place within 8 weeks following the order. These deadlines are given for information purposes only .
Since the items sold on the website www.paolina.be are sometimes made to order, the manufacturing time for an ordered item can be up to 8 weeks from the confirmation of the order. Paolina sends an information email to the Customer when the item is made.
From this email, the order is prepared and shipped by Paolina as soon as possible, maximum 45 days from the production of the product (subject to payment validation). A new email is sent to the Customer when the package is sent by Paolina.
Deliveries are made worldwide.
The products are delivered to the address indicated by the Customer during the ordering process.
The delivery costs are as follows:
- Belgium: 7.50 euros
- Europe (excluding Belgium): 15.00 euros
- Other countries: 30.00 euros
Delivery of items takes place only during the 5 working days of the week (no deliveries will be made during the weekend). The Customer is informed that any order registered on the site on Friday afternoon will only be processed the following Monday.
Paolina declines all responsibility for any delay, loss of the ordered products or strikes due to postal or transport services. In these cases, the Customer must take the appropriate steps directly with the postal services or the carrier.
In order to ensure their perfect condition and safety during transport, all products are carefully packaged by Paolina in accordance with applicable standards. The Customer must imperatively check the packaging and the products at the time of delivery.
Any problem concerning the delivered items (damaged items, missing items, broken item, defective item, etc.) must be notified to Paolina within 3 days (including public holidays) of delivery (postmark as proof) and express all reservations or complaints relating to the non-conformity or defect of the items by e-mail ( macha@paolina.be ) and by letter with acknowledgment of receipt to:
PAOLINA CLOTHES
Macha Dormal
Espiniat Street, 29
1380 Lasne
Belgium
No claims will be accepted after this period.
ARTICLE 7 - RETURNS
In accordance with the Belgian law on market practices and consumer protection of 6 April 2010, since the goods sold are made to the consumer's personalised specifications, the latter does not have the right to cancel the purchase (right of withdrawal), the right to return or the right to exchange the products.
Once the order has been validated, the Customer acknowledges that his acceptance is made in full consideration of the description of the item, object of the sale, and that it constitutes a firm and irrevocable commitment. The sale is then considered complete, and its price is immediately due. From this moment, the Customer has no right of rectification, exchange or return (in particular in the event of an error in size or text). For non-personalized items, there is a 14-day right of withdrawal.
Each item has a 6-month warranty. If anything happens to your item during this period, we will be happy to take care of the repair. Please follow the steps indicated on the website www.paolina.be to return your item to us.
Once the process is complete, you will receive a confirmation email with a form to fill out and attach to your package. Your item will be returned at your expense and will be returned to you free of charge within 2 to 4 weeks from the date of receipt.
For more information or assistance, please send an email to macha@paolina.be .
NB: Your package remains under your responsibility until received by Paolina. For your safety, we suggest that you send your packages via a carrier that allows you to track your package to avoid any inconvenience. We also advise you to send your items by a postal service that insures your package for the value of your item. Please note that no additional customs fees will be paid by Paolina.
ARTICLE 8 - RESPONSIBILITY
Paolina cannot be held responsible for any delay or non-execution of the order if these are due to a technical cause or any other cause beyond its control. In this case, the site is entitled to delay transport and delivery, or to cancel the order.
The company cannot be held liable under any circumstances for any inconvenience or damage inherent in the use of the Internet, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any other event qualified as force majeure.
The content available on the website www.paolina.be is displayed without any guarantee of accuracy. Paolina cannot be held responsible for any damage resulting from it, including direct and indirect damage, or loss of enjoyment resulting from the use of the site.
Paolina reserves the right to make changes to its site and its content at any time, including to prices, descriptions and stocks, without notification to any Users, whether registered or not. The photographs and illustrations accompanying the products on the website www.paolina.be have no contractual value and cannot in any way engage the responsibility of Paolina.
Paolina reserves the right to withdraw or modify certain services or elements of the site without notice. The company also reserves the right, at any time and for any reason, to modify or interrupt, temporarily or permanently, all or part of access to the site without informing the Client. The company cannot be held responsible for any direct or indirect damages related to a modification, suspension or interruption of access to the site. In addition, Paolina may restrict access to certain parts or all of its website www.paolina.be .
The website www.paolina.be may contain hyperlinks directing the Client to other sites. The company cannot be held liable under any circumstances for the content of these websites if they contravene the legal and regulatory provisions in force, or for the consequences of their use by the Client.
Paolina is not responsible for the fraud or negligence of its employees, subcontractors and executing agencies.
ARTICLE 9 - INTELLECTUAL PROPERTY
All clothing creations, texts, comments, works, illustrations and images reproduced on the website www.paolina.be are its exclusive property and are protected by intellectual and/or industrial property law throughout the world.
Users may store, print and display the content provided for their personal use only. Users are not permitted to publish, manipulate, distribute or reproduce, in any format, all or part of the content of this site. They may not in any way modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the software or accompanying documentation provided by Paolina.
The PAOLI NA brand is a registered trademark. No authorization is granted to the Client to use this brand in any way. The Client agrees not to use these brands or brands that are similar to them without the prior written permission of the company.
Any hyperlink from this website, or using the framing or in-line linking technique is strictly prohibited without the prior written permission of Paolina.
ARTICLE 10 - PRIVACY POLICY
In accordance with the Belgian law of December 8, 1992 relating to the protection of privacy with regard to the processing of personal data, Paolina undertakes to protect the privacy of its Users.
Collection and use of information:
The website www.paolina.be reserves the right to collect data on the Customer, in particular when the Customer places an order on the site. All personal data collected is intended exclusively for the internal use of Paolina.
The information and data concerning the Customer, requested by the website www.paolina.be , are necessary for the registration and monitoring of his order, and for the proper commercial management of Paolina.
They also allow to provide personalized services to its Users and to improve the relevance of the information offered to them. By using this site, the Customer gives his consent to the processing of personal data described below, and guarantees that all data provided by him is correct. The data collected on the site are as follows: name, first name, date of birth, e-mail address, address, country, telephone number, credit card number and expiration date. The Customer is informed that this information is processed automatically.
Newsletters :
When the Customer visits the website www.paolina.be or sends it e-mails, he/she consents to receiving communications from Paolina electronically such as newsletters, and thus to be informed at regular intervals of the offers proposed by the site.
He can unsubscribe from this letter by clicking on the link at the bottom of each newsletter or on the website www.paolina.be .
Cookies:
Paolina reserves the right to collect data on the Client, in particular through the use of cookies (small file sent by an Internet server, which is saved on the computer's hard drive).
These cookies are used to anonymously collect information about the pages and elements of the site visited. This information is not coupled with information that personally identifies The Customer, but is grouped together to inform the company about how the public uses the site. Information about the items The Customer adds to their shopping cart is retained so that their selections are not lost from one visit to the next, but the identity of The Customer remains unknown to Paolina unless they place an order.
The Customer may at any time deactivate the use of cookies by selecting the appropriate settings on their browser. However, they are informed that this may prevent them from accessing certain features of the website.
When the Customer browses the website, cookies from partner companies may be placed on the Customer's computer. These cookies are intended to identify the items viewed or purchased on the website www.paolina.be and to collect browsing data to personalize the advertising offer addressed to the Customer outside the site.
As part of this partnership advertising, Paolina may transmit data to its partners on the items viewed by the Customer and the nature of their purchases.
Right of access and rectification:
In accordance with the law of December 8, 1992 relating to the protection of privacy with regard to the processing of personal data, the Client has the right to access, rectify, modify and delete data at any time by sending an e-mail to macha@paolina.be .
Paolina reserves the right to make changes to its privacy policy at any time, and for any reason.
ARTICLE 11 - INVALIDITY
If any part of these General Conditions of Sale is considered invalid, this will not affect all the other clauses which will remain in force.
If a condition is lacking, it will be governed by the procedures of distance selling companies which have their headquarters in Belgium.
ARTICLE 12 - DURATION
These conditions apply for the entire duration of the sale of the products by Paolina.
ARTICLE 13 - PROOF
The computerized records, stored in the computer systems of Paolina and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
ARTICLE 14 - APPLICABLE LAW AND JURISDICTION
These conditions are subject to Belgian law. In the event of a dispute, Belgian law shall apply and the courts of the judicial district of Brussels shall have sole jurisdiction.
Contact:
Macha Dormal
Espiniat Street, 29
1380 Lasne
Belgium
Email: macha@paolina.be
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