Terms and Conditions webshop D’AUTAN
Article 1. Scope
1.1 Unless explicitly stated otherwise in writing by D’AUTAN, these Terms and Conditions shall apply to all sales contracts effected between SEQUOIA BVBA, having its activities under tradename D’AUTAN, with registered office at 2600 Berchem, Grote Steenweg 455, with company number BE0479.113.385, and the Customer via its website www.dautan.be or www.dautan.eu, as well as to all offers made by D’AUTAN by way of its websites.
1.2 Unless confirmed in writing by D’AUTAN, these Terms and Conditions shall have precedence over any purchase conditions of the Customer, even if not explicitly rejected by D’AUTAN.
Article 2. Conclusion of sales contracts
2.2 Orders shall only be binding on D’AUTAN and a sales contract shall only have effect when the Customer has received an email from D’AUTAN confirming his/her order.
2.3 Any sales contract shall be considered to be concluded, after acceptance, at the address of the registered office of D’AUTAN. Any deviation from this must be expressly accepted by D’AUTAN in writing.
2.4 D’AUTAN has the right to cancel the sales contract without cost within a term of three (3) working days after the conclusion of the sales contract pursuant to article 2.3 if stock levels appear to be insufficient to fulfil the order.
Article 3. Legal capacity and status
3.1 By placing an order the Customer guarantees that he/she is of age and fully legally competent to enter into the sales contract referred to in article 1.1.
3.2 Purchases via the website referred to in article 1.1 are only open to consumers. The Customer declares to be a natural person and, on concluding the sales contract referred to in article 1, to act in the capacity as consumer, non-trader.
Article 4. Abuse of law – bad faith
4.1 In the case of a reasoned suspicion of D’AUTAN of abuse of law or bad faith on the part of the Customer, D’AUTAN has the right to cancel the contract at the expense of the Customer, without prejudice to the right of D’AUTAN to claim damages for the loss suffered as a result of the abuse of law or bad faith.
4.2 D’AUTAN is also entitled in the event of a reasoned suspicion of abuse of law or bad faith on the part of the Customer to close the account of the Customer in which case the Customer shall no longer be able to place orders via the website.
Article 5. Delivery – transport costs – risk transfer
5.1 The ordered goods shall be delivered by D’AUTAN at the delivery address supplied by the Customer.
5.2 The costs of transport and packaging of the goods shall be borne by D’AUTAN for the extent of 1 shipment and 1 attempt to deliver at the delivery address supplied by the Customer. Should the goods return to D’AUTAN due to the fact that the package could not be delivered at the delivery address supplied by the Customer and D’AUTAN is obliged to do a second shipment, the costs of transportation and packaging shall be born by the Customer.
5.3 The risk of loss or damage shall be transferred to the Customer at the time of delivery to the Customer.
5.4 The terms of delivery stated are only indicative and are only binding on D’AUTAN to the extent that it aims to approach the terms as closely as possible. In no case shall the terms of delivery constitute an essential part of the concluded contracts. The expiry of the agreed term of delivery, to the extent that it is not due to bad faith or major error by D’AUTAN, does not constitute the right to refusal or cancellation of the order or damages.
5.5 Under no circumstances is D’AUTAN obliged to deliver goods when payment referred to in article 6.1 has not yet been received.
Article 6. Payment
6.1 Payment should take place using one of the payment methods offered on the website. The Customer declares to only use payment cards or credit cards he/she is entitled to use and that there are sufficient funds for the payment to be made. Payment by way of transfer is only possible where this has been agreed expressly and in writing between the parties.
6.2 In the event of late payment, by law and without notice of default being required, a default interest is payable of 12% per year from the expiry date.
6.3 Moreover, in the event of late payment, by law and without notice of default being required, damages shall be payable of 10% of the invoice amount with a minimum of 25 Euros.
Article 7. Right of withdrawal
7.1 The Customer has the right to inform D’AUTAN of the cancellation of the purchase without a penalty being due and without stating reasons, within fourteen (14) calendar days from the day following the delivery of the goods. Customers wishing to use their right of withdrawal, must inform D’AUTAN, with registered office at 2600 Berchem, Grote Steenweg 455, by way of registered mail or by email to the following email address email@example.com. De Customer may use the withdrawal form in attachment, but it is not mandatory. To meet the withdrawal term as stated in article 7.1, the Customer shall inform D’AUTAN of the cancellation of the purchase before the withdrawal term has expired.
7.2 Customers wishing to use their right of withdrawal must return their goods in the original packaging to the following address: Grote Steenweg 455, 2600 Berchem and by all means within fourteen (14) days after the day that the Customer informed D’AUTAN of his/her decision to cancel the purchase. The Customer shall be deemed to comply with this term when the goods are returned before expiration of the period of fourteen (14) days.
7.3 D’AUTAN will refund the costs associated with returning the goods when the Customer gives proof of the returning costs. Returns must be made within fourteen days after the day the Customer informed D’AUTAN of their decision to cancel the purchase and under the condition that D’AUTAN accepts the returned item in conformity with article 7.4.
7.4 Withdrawals will only be accepted if the goods are returned as new. The original tag must not have been cut off, the goods must be in the original packaging, unsoiled, complete, undamaged, and unworn. The return must be made in good quality, firm packaging that does not damage the items within.
7.5 If the Customer uses his/her right of withdrawal, the Customer shall advance the direct costs on returning the goods to D’AUTAN. The Customer shall, if necessary, receive all payments he/she has made up to that point, including return costs when proved by the Customer, immediately and by all means within fourteen (14) days after the day that D’AUTAN has been informed of the Customer’s decision to cancel the purchase. Unless otherwise agreed, the refund shall take place in the same way as the original payment has been executed. No costs will be charged for the given refund. Notwithstanding the foregoing, D’AUTAN is entitled to withhold the refund until the day of receipt of the returned goods and until the day they inspect and confirm that the returned goods are still ‘as new’. See article 7.3.
Article 8. Complaints
8.1 Complaints in respect of visible faults must be notified to D’AUTAN by the Customer within forty-eight (48) hours after taking receipt of the goods, by way of registered letter or by email to the following email address firstname.lastname@example.org .
8.2 Complaints in respect of hidden faults must be immediately notified to D’AUTAN by the Customer within a period of eight (8) days after discovery, by way of registered letter or by email to the following e-mail address email@example.com.
8.3 Complaints reported outside of the terms referred to in article 8.1 and 8.2 shall under no circumstances result in any liability on the part of D’AUTAN.
Article 9. Protection of personal data
9.1 The personal data supplied by the Customer in the context of his/her purchase shall be processed in accordance with the Privacy Protection Act of 8 December 1992 in respect of the processing of personal data.
9.2 D’AUTAN undertakes to use the obtained personal data solely with a view to fulfilling its obligations in respect of the Customer in the context of the sales contract referred to in article 1, as well as to keep the Customer informed of own offers and promotions of D’AUTAN, and shall use these data each time in accordance with the confidentiality required for such data.
9.3 The personal data of the Customer shall be held by D’AUTAN for a period of two (2) years following the last purchase by the Customer. After this date the personal data shall be destroyed. If the Customer wishes to place a new order via the website after the two (2)-year period referred to above, a new account shall have to be created if appropriate.
Article 10. Cookies
Acceptance of these terms and conditions implies the acceptance of these cookies.
10.2 D’AUTAN shall inform the Customer that he/she can stop accepting cookies at any time by adjusting the browser settings to this end, with the provision that this may interrupt, limit or even render impossible the use of the website.
Article 11. Intellectual property
11.1 The Customer declares to have been informed that the content of the websites www.dautan.be and www.dautan.eu is protected by various intellectual property rights. Subject to prior express written permission by D’AUTAN, the reproduction of the whole or part of the content of the websites is prohibited.
11.2 Notwithstanding article 11.1, the Customer is entitled to print a copy for personal use of the pages that are relevant in respect of his/her purchase.
Article 12. Liability
12.1 D’AUTAN shall not accept any liability for damage to software of the Customer or loss of data by the Customer that may be related to the use of the on-line web shop, nor for any fact resulting from such loss such as, without limitation, financial or commercial losses, increase of expenditure, disruption of planning or payments claimed by third parties.
12.3 D’AUTAN shall accept no liability for the accuracy of the information available in the on-line web shop. D’AUTAN aims to offer an optimal reproduction of the products, without guaranteeing the accuracy. Under no circumstances may D’AUTAN be held liable for the products or information not being deemed accurate.
12.3 D’AUTAN aims to ensure maximum availability of the web shop, without, however, guaranteeing its availability in any way. Under no circumstances may D’AUTAN be held liable for the web shop not being available.
12.4 In any event, the liability of D’AUTAN in respect of the sales contract and the use of the web shop is limited to the amount of the purchase made.
Article 13. Furnishing of proof
13.1 The parties mutually agree that they may supply proof of the conclusion of their contracts and the modalities thereof as well as the fulfilment and termination thereof by way of electronic data, including the log-in data of the website and electronic messages.
Article 14. Applicable law and jurisdiction
14.1 The sales agreement between the Customer and D’AUTAN shall be governed by the laws of Belgium.
14.2 In the event of a dispute the courts of the judicial district of Antwerp have jurisdiction. To the extent that a dispute comes under the material jurisdiction of the Justice of the Peace, only the Justice of the Peace of the 8th sub district of Antwerp shall have jurisdiction.