GENERAL SALE CONDITIONS AND STATUTORY  INFORMATION

 

The sales site "www.berghen.com - www.berghen.be" is an e-commerce web site that allows customers to buy shoes, accessories, cleaning products, etc., online. It is maintained by the S.A. Ancienne Maison J. Dubois & Fils (hereinafter also referred to as the Company) whose registered office is at 197, Avenue Van Volxem at 1190 Brussels. It is registered with the Banque-Carrefour des Entreprises under number BE 0405 922 123.

The site can be accessed from anywhere in the world and the distance selling service is available to anyone (hereinafter also referred to the customer) throughout the world.We want to draw the customer’s attention that an order made outside Belgium will evolve delivery charges. Also, an order made outside the European Union may not only evolve delivery charges but also import costs in function of the country where the customer wants the parcel to be delivered.The company does not include these charges in their prices and may not be responsible of the payment of eventual import charges.

By approving an order or a reservation, the customer agrees to our general conditions and to how these apply to any online purchase or reservation. These general conditions shall take precedence over all other general conditions, including where applicable the customer's specific conditions.

The company reserves the right to amend its general conditions. These changes do not apply to orders previously approved by the customer.

The company strives to safeguard the security of the site. However, the Company cannot be held liable in case of the non-availability of information and/or the presence of any virus on the site. 

All components of the site are the exclusive property of the company.  Any copying in full or in part of this site or of its database by whatever means is prohibited. The items belonging to the company, and all marks figurative or otherwise, more generally, any other marks, illustrations, images, drawings and models appearing on the items belonging to the Company, their accessories or packaging, whether or not they are registered, are and remain the exclusive property of the Company. Any copying in full or in part, downloading, modification or use of these marks, illustrations, images, and designs for any purpose and in any media whatsoever, without the express prior written consent of the Company, is strictly prohibited.

 

ARTICLE 1 – PRICE

 

The prices listed on the site in relation to the items offered for sale are in Euros and are inclusive of all taxes and VAT.

As part of a sale, they include delivery charges (7,00) for Belgium for any order of 80,00 euro or more, but not abroad. Any order involving a delivery outside Belgium, please refer to the list here below:.

Group of countries

Countries

Minimum order amount for free delivery

Amount delivery charges

Group 1

Belgium - Netherlands - Luxembourg

80,00 €

7,00 €

Group 2

United Kingdom - Italy

150,00 €

15,00 €

Group 3

Germany-France/Monaco- Austria-Denmark-Lichtenstein

250,00 €

20,00 €

Group 4

Spain-Portugal-Finland-Sweden-Bulgaria-Tchechia-Estonia-Croatia-Hongaria-Lituania-Lettonia-Poland-Roumania-Slovenia-Slovaquia

300,00 €

30,00 €

Group 5

Grece-Irland-Island

350,00 €

45,00 €

 

The prices are based on the rate of our DPD delivery agent. They are inclusive of all taxes and VAT and are part of the total of your order if the minimum amount has not been reached.

The Company may change its prices at any time but the items ordered shall be invoiced at the price in force on the site at the time of final order confirmation by the customer. 


 

ARTICLE 2 – RESERVATION OF ORDERING PROCESS

 

Any internet user may be aware of our online range of products and may browse our site.

Information (name, definition, reproduction of items, detailed description: properties, characteristics and composition) relating to all items offered for sale are available on the website. While providing the utmost care and greatest accuracy when providing the online information, the item descriptions and information available on the website as well the regular updates, the Company cannot be held liable for any minor errors that may occur.

Similarly, although photographs and other reproductions of items are a faithful representation of them on the website and - within the limits of technology and in observance of the highest standards of the Internet - they are, however, only by way of indication and have no contractual value.

The site allows the customer to order one or more items via the website, for non-professional purposes.

The sale to the client takes place in Belgium with a vat of 21% which is not refundable, even in the case of a sale in one of the 27 other countries of the EU than Belgium.

Any customer wishing to place an order online must start by identifying him/herself using the procedure provided on the site ensuring he/she indicates his/her surname, first name, date of birth, address (street, number, neighbourhood, post code and town), a telephone number, his/her "username" and password or doing this while finalizing his order. These identifiers are strictly personal and confidential and may not be passed on to third parties. The password is stored in an encrypted format, which means that the Company does not have any access to it.

The orders will be accepted according to their availability in stock. If, in spite of the careful precautions taken by the company, the items ordered are no longer available, the company shall inform the customer of this by any available means (telephone or e-mail) as soon as possible and shall refund the any price that may have been invoiced by crediting the customer's bank account. Under no circumstances can the company  be held liable for items being out of stock or unavailable.

The customer agrees that all the information provided to the company on the website, as part of the order, comply with the full, accurate and up-to-date present general conditions of sale. Failing this, the Company reserves the right to cancel the order altogether as well as the payment.

 At any time, the customer can view his/her orders either past or currently being processed. A help box is permanently available to the customer and allows him/her to:

-       understand where he/she is in the procurement process,

-       to view the selected items and their prices (price by selected item and total price payable including delivery charges, where applicable),

-       to correct any selection errors and to remove any items he/she no longer wishes to order, and may do so while he/she has not confirmed the order,

-       to complete his/her selection and finalise its decision by clicking the "order" (final confirmation of the order) icon.

Our website offers an online support service for any specific queries. Our service is committed to providing a response to customers within 24 hours of the request:

 

-       by mail to the following adress : sales@berghen.com

-       by telephone to the following number : +32 (0) 2 340.19.18 from 9am till 12.30am and from 13.00pm till 17.00pm

 

Once the customer has selected his/her items, the purchase order (the basket) contains the selected items, their unit price, the delivery price, the total price payable and the address to which the items are to be delivered and invoiced to or collected and paid.

The customer is then prompted to confirm his/her choice and to read the present general conditions of sale.

If the customer agrees to the general conditions of sale, he/she is directed, depending on the nature of the order, and he/she is asked to complete the payment for the items that have been ordered. The customer is then redirected to the HIPAY secure payment site or “PAYPAL” of his/her choice. A secure payment window will open and it will then complete the specified procedure.

Within the context of being a distance selling order, once the general conditions have been accepted and payment has been made, the sale is completed and the customer can no longer amend his/her order. An acknowledgement of receipt of the order is sent by e-mail to the customer within minutes following confirmation of payment. The purchase order is saved in the "IBS Enterprise" information management program within our computer system.

An acknowledgement of receipt of the order will be sent to the customer by e-mail. An order confirmation will also be included in to the parcel delivery. This confirmation will contain the following information:

-       The full identification of Ancienne Maison J. Dubois & Fils sa ou Dubois sa

-       identification of the items ordered, their price, the delivery costs, the terms of payment and delivery (time and place of delivery), and the right of cancellation;

-       The conditions and procedures for exercising the right of withdrawal, as well as the following clause, written in bold in a separate text frame on the first page: "The customer has the right to notify the seller that he is cancelling the purchase, without penalty and without stating any reason, within 14 working days from the day after delivery of the product or after entering into the service contract.

-       the address of the Company where the customer is able to submit his/her complaints,

-       information relating to the after-sales services and to the commercial guarantees.

 

This confirmation shall constitute proof of the contract entered into between our company and the customer.

The company reserves the right to refuse an order if it is made by a minor who is not represented, if it establishes that there have been an excessive number of returns from that customer, if there is a dispute between the customer and the company relating to an existing order or if the order is not in accordance with the present general conditions of sale.

Where this is the case, within 48 hours of confirmation of receipt of the order, it will inform the customer by e-mail that his/her order has not been accepted.

 

 ARTICLE 3 – DELIVERY AS PART OF AN ORDER

Items are delivered within 48 to 72 working hours following confirmation of the order. They are delivered to the address specified by the customer on the order form and no later than within thirty days from the day after the client confirmed his/her order. If the order is not delivered within this period of 30 days, the customer may cancel his/her order. He/she shall be refunded within one month of notification of the decision.

The items are to be shipped to the delivery address selected by the customer during the ordering process.  It is understood that the delivery of items will only be possible :

-     either via DPD to the customer's usual residence or to the address of a third party provided it is not a hotel or a post office box. In that case, the customer is advised by mail or sms of the date of delivery.  He may, if he wants to, postpone the delivery to 1 or 3 days via http://be.iuv.dpd.de/.  Without news from the customer, the parcel will be delivered the next working day.  The day of the delivery, the  recipient is informed by mail or sms of the foreseen hour for the delivery.  If the customer is absent at the delivery, a note is dropped in the mailbox and DPD will wait for the instructions from the customer. Via http://be.iuv.dpd.de/,the customermay ask the delivery on another date or other address or he may explain to deliver the parcel at another place (in the garage for ex.). The customer may also chose to get his order in one of the DPD Pickup parcelshops (more than 1000).

-       Or in one of our shops.  In this case, the customer gets an e-mail informing him that his order is at his disposal in the shop of his choice.

Ownership of the items delivered is not transferred to the customer until he/she has paid for them. Risk of loss or damage to items is transferred to the customer upon shipment for delivery.

 

ARTICLE 4 – RIGHT OF WITHDRAWAL AS PART OF AN ORDER

 

The customer has a period of 14 working days from the day after delivery to notify the seller that he/she is withdrawing from making the purchase and of making a return at the expense of the company, of one or more of the items delivered. The customer is not required to provide reasons for his decision. This return does not involve a penalty imposed upon the customer. The return of the order should be performed in its original packaging. 

Conditions:

·       Return your purchase within 14 working days from the day after delivery if you wish a refund or an exchange.

·       The items that you wish to return have to be new and clean, with their accessories and in the original packaging. Any damaged item which can’t be put back on sale will not be refund or exchanged.

 

Free return in a Berghen Store:

1.      Go to one of our stores (www.berghenstore.be).

2.      Hand over your purchase to our salesperson with the completed return form (hereunder).

3.      The store can propose you different items in the case of an exchange.

 

Free return via DPD:

1.     In your box you will find a return form and a sticket with our address.

2.      Complete the return form.

2.      Pack carefully the items in the original packaging and make sure the it is closed with adhesive tape.

3.      Stick the sticker which already has our address (this sticker is your box).

4.      Go to one of our ParcelShops to deposit the packet (see complete list here: https://www.dpd.com/be_en/business_customers/pickup/pickup_parcelshop_finder)

In any event, the customer must keep proof of return delivery/return of the goods.

Refund

·        In the case of a return: the refund is credited through the original payment method used to pay your purchase (refund on the credit card used or your bank account).

·       In the case of an exchange:  After we receive your returned items, we’ll contact you for the shipping of your requested items.

If the items are not returned as described above, they will not be refunded. If they have been paid for, the company shall maintain the price and the items shall remain at the disposal of the customer at its establishment.

If items are correctly returned and have been paid for, the company undertakes to provide an immediate refund and no later than within one month of the return.

 

ARTICLE 5 - GUARANTEE

 

The company is responsible for any unwarranted faults in the good that exist upon delivery and ones that appear within a period of two years thereafter. Items are only guaranteed for their normal service life.

The customer is obliged to report any fault found within two months of its discovery, otherwise the customer will be deemed to have finally accepted the items. If the fault is reported more than six months after delivery of the items, the customer must prove that the item was affected by a fault at the time of delivery, failing which the claim cannot be considered.

If the customer reports the fault and returns the faulty item within seven working days of delivery, it will be exchanged (subject to availability of stock) or refunded to the modalities described in article 4.

If the customer reports the fault later, whether the fault is minor or the faulty item has been used, the client will not be able to demand termination of the contract. The company shall grant a price reduction to the customer taking into account any wear and tear of the item and the actual extent of the fault.

After a period of two years has passed, the customer can no longer assert its rights.

In any event, if the item has been damaged as a result of improper use or poor maintenance, the claim cannot be considered. Similarly, if the customer has attempted to make repairs to the item him/herself, he/she cannot take advantage of the guarantee. 

 

ARTICLE 6 – PAYMENT

 

Upon confirming the order, the customer is redirected:

-       to the HIPAY secure payment site  and is prompted to choose among the following methods of payment:

o    using a Visa credit or debit card or Mastercard: the customer follows the instructions provided by the HIPAY payment site ; it queries the card issuer. If the request is accepted, the amount covered by the order is blocked until the expiry date of the right of withdrawal; after this time, the card will actually be charged according to the terms and rates agreed between the card issuer and the customer

o    using a payment card such as "Mistercash"; the customer then opts for an immediate withdrawal of the value of his/her order

-       or the payment site PAYPAL

-       or by bank transfer.

Any unpaid order will not be delivered.

 

ARTICLE 7 – FORCE MAJEURE

 

The company disclaims any liability for loss or damage of the order or of the item ordered due to the occurrence of an incidence of force majeure (such as a strike, riot, act of collective violence, war, fire or failure of its suppliers), act of Government (export ban...) or computer virus.

 

ARTICLE 8 – PERSONAL DATA

 

The information gathered by the company in its capacity as party responsible for data processing in the sales process is intended for its use and for that of the persons involved in the performance of the contracts. This information shall in no way be disclosed to third parties, unless required for the performance of the contract.

The customer grants its explicit agreement for the data to be used to process his/her orders or reservations.

The customer may have access to data pertaining to him/her at any time and request that it is amended or deleted by sending a letter to the company Ancienne Maison J. Dubois & Fils sa – Avenue Van Volxem 197 – B-1190 Bruxelles, or an e-mail (sales@berghen.com), where applicable, accompanied by a double-sided photocopy of his/her identity card.

 

ARTICLE 9 – REVOCATION – APPLICABLE LAW AND COMPETENT COURTS

 

The eventual revocation of any provision in the present general conditions shall not affect the validity of the remaining provisions.

Belgian law is applicable to the relationship between the customer and the company. All disputes relating to sales completed in application of the present fall under the jurisdiction of the courts of the judicial district of Brussels.


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