Terms & Conditions
Definitions and scope
The general conditions of sale (hereinafter referred to as the “General Conditions”) are applicable to all orders placed with SPRL Carine Gilson.com, established at 1000 Brussels, Boulevard de Waterloo 26, with registered office at the same address, registered with the Crossroads Bank of Enterprises under the number 0680.411.844 (email address: firstname.lastname@example.org – telephone nr.: +32 2 640 22 82) (hereinafter referred to as the “Seller”).
The “Client” is any physical person visiting and / or wishing to use the website www.carinegilson.com, and order Goods from the Seller on said site.
These General Conditions form the contract between the Seller and the Client. The Seller and the Client are hereinafter referred to as the “Parties”.
The “Consumer” is the Client, a natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity.
Only these General Conditions are applicable. They in any case exclude the general or special conditions of the Client that the Seller has not expressly accepted in writing.
The General Conditions are freely accessible at any time on the website of the Seller: www.carinegilson.com, so that by placing an order, the Client declares to have read these general conditions and confirms his acceptance of the rights and related obligations.
Seller reserves the right to change these terms and conditions at any time without prior notice, provided that such changes are posted on its website. These changes will apply to all orders of Goods passed later.
The Seller offers several types of sales: sale of lingerie products in stock and luxury prêt à porter (hereinafter the “Good”); sale of tailor-made lingerie (hereinafter the “Custom-made product”).
The photographs and texts illustrating the Goods are provided for informational purposes only. The differences between the photographs and the Goods can only be minor differences and do not relate to the essential characteristics of the Goods. The colour of the Goods displayed on Seller’s online marketing tools may differ from the actual colour of the Good.
The Client remains bound to refer to the description of each Good in the orders to know the precise characteristics
To place an order, the Client chooses the Goods he wishes to order by surfing on the Seller’s website, selecting the desired size and clicking on “Add to Cart”. He can check the accuracy of his order under the “Cart” tab. He then indicates the details requested (i.e. name, address and country of delivery), and receives the information on transport costs. The Client then informs the payment information, and makes payment for his order by clicking “confirm”.
Only orders that include the following information will be considered:
– The identity of the Client (surname and first name);
– The precise addresses of invoicing and delivery;
– Bank details;
– The designation, size and quantity of the goods ordered;
– The acceptance of these Terms of Sale.
For Custom-made products, a contact form will allow the Client to contact the Seller’s workshops directly in order to make the Custom-made product according to the specifications, needs and desires of the Client.
After receiving confirmation of the payment of the order by the bank, the Seller sends the Client a summary of his order, including the number of his order, the goods ordered and their price, these Terms and Conditions or a link to these, as well as an indication of the probable execution time of the order.
The Seller reserves the right to suspend, cancel or refuse the order of a Client, in particular where the data provided by the Client is manifestly erroneous or incomplete or where there is a dispute over the payment from a previous order.
Without prejudice to the right of withdrawal provided for in Article 11, and in the event of cancellation of the order by the Client after acceptance by the Seller, for any reason whatsoever, except in the case of force majeure, an amount equivalent to 30 % of the price of the order will be due to the Seller, as damages.
The price of the Goods is indicated in pounds sterling or euros, all taxes included, unless you have selected a country where VAT is not applicable, and excluding delivery charges / transport.
At any time, the Seller reserves the right to modify the prices and descriptions of the products, in particular in case of variations of the applicable exchange rate and / or in the case of typographical errors or obvious errors. However, the products will be billed based on the prices in effect at the time of acceptance of the order, notwithstanding a manifest error.
Any delivery charges are not included in the quoted price, but are calculated separately during the order process, depending on the mode and place of delivery and the number of Goods ordered. For amounts above 250,00 €, the transport costs are offered. For amounts less than 250,00 €, the Client will have to pay a fixed amount of 20,00 € as transport costs.
Clients ordering from a country subject to the DDU rule are only charged for purchased items and shipping costs. Before ordering, it is recommended to contact the local customs service for the cost of landing.
If the debit / credit card is not in sterling or euro, the final price is calculated according to the exchange rate applicable on the day the card issuer processes the transaction.
The Seller undertakes, as far as possible, to ship the ordered Goods within three (3) business days via the DHL Express Service.
Delivery will take place within a maximum of thirty (30) working days from receipt of the order confirmation email by the Client. The Client will be informed of the assumption of responsibility of the parcel by the carrier as well as the precise date of delivery.
Unless otherwise agreed in writing and expressly accepted by the Seller, delivery times mentioned in the special conditions are not strict deadlines. The Seller’s liability may only be incurred if the delay is significant and attributable to him as a result of his gross negligence.
The Client may not invoke delivery delays to request the termination of the contract, claim damages or other claims, unless otherwise agreed in writing and expressly accepted by the Seller.
Order delivery and transferral of Goods
The delivery times indicated by the Seller are only indicative and do not bind the Seller. A delay in the delivery of the order will therefore in no case give rise to any compensation, damages, interests, termination of the contract and / or suspension of the obligations of the Client.
The Seller chooses the mode of transport and shipping: The Goods will be delivered with DHL’s express service.
The order is delivered to the Client only after his full payment. The transfer of the Good and the transfer of the risks takes place at the moment when the Client or a third party designated by him, other than the carrier, physically takes possession of the Goods.
The Goods offered for sale by the Seller are limited in stock.
In case of unavailability of one or more Goods after the payment of the order, the Seller undertakes to inform the Client as soon as possible and to give him the choice between a refund, a modification of his order or a delivery postponed until the Goods concerned are back in stock.
Receipt of the order and complaint
The Client is required to check the apparent good condition as well as the conformity of the Goods delivered with the Goods he has ordered.
Any complaints must be made in writing as soon as possible and, in any case, within 15 days after delivery of the order, under penalty of forfeiture.
If a claim proves to be justified, the Seller will proceed to the free replacement of the Goods found to be defective, or in the absence of replacement of the Good without charge, to the reimbursement of the price of the order, excluding all other damages and interests.
Return and exchange policy
Without prejudice to the right of withdrawal provided for in article 11, the Client has the possibility to return or exchange the Good within a period of 15 days from the receipt of the Good.
The Client must return the goods, which he wishes to return or exchange, new and unused. The Seller will accept the return / exchange of the Good only if it is returned in its original perfect condition and that it has all the Carine Gilson labels intact and attached.
No return shipping charges will be due by the Client if he uses the DHL labels pre-ordered for this purpose.
The Client may return the Good using the secure service of his choice to the address of the Seller’s registered office: in this case, the Seller cannot be held responsible for any lost or damaged package, and the direct costs of return will be the exclusive responsibility of the Client.
In order for the return to be covered by this article, it must be returned from the same country in which it was delivered to the Client. Otherwise, all direct and indirect costs of return will be the sole responsibility of the Client.
In all cases, if the Client resides outside the European Union, any taxes and customs fees related to the return will be the sole responsibility of the Client.
Right of withdrawal
In accordance with Articles VI.47 and VI.67 of the Code of Economic Law, in case of distance selling or outside the premises of the Seller, the Client has a period of 14 calendar days from the date of the delivery of the Goods or the notification of their availability at the point of withdrawal provided, to notify the Seller that he renounces the purchase, without penalties and without giving reasons.
When this period expires on a Saturday, Sunday or a holiday, it is extended to the next working day.
Notwithstanding the foregoing, the Client has no right to withdraw if the Good is made bespoke or customized specifically on behalf of the Client, this in accordance with Article VI.53, 3 of the Code of Economic Law
To exercise the right of withdrawal, the Client must notify his decision of withdrawal in writing by means of:
– the withdrawal form posted on the Seller’s website from the “My Orders” section. In this case, the Seller will send the Client an acknowledgment of receipt of his withdrawal to the e-mail address entered by the Client; or
– the form sent with the order form or available on the website of the F.G.S. Economics, P.M.E., Self-employed and Energy: economie.fgov.be, or
– an unambiguous statement setting out his decision to withdraw from the contract (letter sent by post or email).
In order for the withdrawal period to be respected, it is sufficient that the Client transmits his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
The Client must return the Good (s) for which he / she has renounced in perfect condition in the original packaging, meaning that the Good has not been worn or used in any way, damaged, soiled or scratched. The Seller will only accept the return of the Goods if the Goods are returned in their original condition and have all the Carine Gilson labels intact and attached.
No return shipping charge (s) of the Goods will be due by the Client if he uses the DHL labels pre-ordered for this purpose. Failing this, the direct return costs will be the sole responsibility of the Client. In all cases, if the Client resides outside the European Union, any taxes and customs charges related to the return will be the sole responsibility of the Client.
In case of withdrawal of the Client, the Seller will reimburse all payments received on his behalf, including delivery charges (excluding additional costs arising from the fact that the Client has chosen, if necessary, a mode other than the less expensive standard delivery method proposed by the Seller) without undue delay and, in any event, no longer than 14 days from the recovery of the Good(s), or up until the moment the Client has provided proof of shipment of the Good (s), whichever is the earlier.
The Client who opens or uses a Good before the expiry of the withdrawal period is deemed to have waived the right of withdrawal relating to this Good.
The information, logos, drawings, brands, models, slogans, graphic charts, etc., accessible through the website or the catalog of the Seller are protected by the law of intellectual property.
Unless expressly agreed otherwise, the Client is not authorized to modify, reproduce, rent, borrow, sell, distribute or create works based in whole or in part on the elements present on the website or the seller’s catalogue.
Unless expressly waived, the agreed price does not therefore include any assignment of intellectual and / or industrial property rights for any reason whatsoever.
1. Legal guarantee for all Clients
In accordance with articles 1641 to 1643 of the Civil Code, the Seller is obliged to guarantee the Goods against hidden defects that render the Goods unfit for the use for which they are intended, or which reduce such use so much that the Client would not have acquired them or would have given a lower price if he had known them.
When a hidden defect is found, the Client must act promptly, in accordance with Article 1648 of the Civil Code, and will have the choice between returning the Good with a hidden defect against a full refund, or keep it against a partial refund.
The Seller is not obliged to guarantee the Goods against apparent defects, which the Client could or should have seen at the time of purchase. Similarly, the Seller is only obliged to guarantee the Goods against the hidden defects of which he was aware at the time of the sale, and of which he has refrained from informing the Client.
Only the invoice, the receipt or the purchase order are valid as guarantee certificates for the Client vis-à-vis the Seller. These documents must be kept by the client and presented in their original version.
2. Additional legal guarantee for Clients with the quality of Consumers
In accordance with article 1649quater of the Civil Code, the Client who has the quality of Consumer has in addition a legal guarantee of two years for all the defects of conformity which existed at the time of the delivery of the Good and which appeared within a delay of two years from that date.
This warranty includes the repair or replacement of the defective Goods at no cost to the Consumer.
If, however, such repair or replacement proves impossible, disproportionate to the Seller or causes serious inconvenience to the Client, an appropriate reduction or refund may be offered to the Client, taking into account the Client’s use of the Goods since its delivery. The Seller and the Client may agree to a refund only when combined with the delivery of the defective Goods by the latter.
In the event that spare parts or specific accessories necessary for the repair of the Goods are no longer available from the manufacturer, the Seller cannot be held responsible for the loss of the possibilities of use of the Goods.
The Client is obliged to inform the Seller of the existence of the lack of conformity, in writing, within a maximum period of two months from the day he has noticed the defect, on penalty of forfeiture of his right to claim.
Only the invoice, the receipt or the purchase certificate are valid as guarantee certificates for the Client vis-à-vis the seller. These documents must be kept by the Client and presented in their original version. The warranty period starts on the date mentioned on these documents.
This warranty does not apply in the event of failure resulting from misuse, external causes, poor maintenance, normal wear and tear, or any use that does not comply with the manufacturer’s or the Seller’s instructions.
In the event of damage, theft or loss of Good for repair, Seller’s liability shall in any event be limited to the selling price of the Good.
The Client acknowledges and accepts that all the obligations for which the Seller is liable are exclusively of means and that he is only liable for his fraud and gross negligence or that of his employees or agents. In the event that the Client demonstrates the existence of a gross or fraudulent fault on the part of the Seller, the damage that the Client can claim compensation for includes only the material damage resulting directly from the fault imputed to the Seller, to the exclusion of any other damage claim, and may not, in any case, exceed 75% (excluding taxes) of the amount actually paid by the Client in execution of the order.
The Seller is not responsible in case of wrong communication of erroneous data given by the Client, or in case of an order placed on his behalf by a third party.
It is up to the Client to inquire about any restrictions or customs duties imposed by his country on the goods ordered. The Seller cannot be held responsible if the Client has to face any restriction or additional tax due to the policy adopted by his country in this area.
If the Client imposes on the Seller a process or materials of a certain quality, origin or type, and this despite the Seller’s written and reasoned reservations, the Seller shall be released from any liability for defects resulting from the choice of said method or materials.
The Seller cannot be held responsible, both contractually or extra contractually, in case of non-performance, temporary or permanent, of his obligations when this non-performance results from a case of force majeure or fortuitous.
In particular, the following events shall be considered as force majeure or fortuitous events: 1) the total or partial loss or destruction of the Vendor’s computer system or its database when any of these events cannot foreseeably occur and the Seller has not been shown to have failed to take reasonable steps to prevent any of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) Power supply shutdown (such as electricity), 12) Internet or data storage system failure, 13) Telecommunication network failure, 14) Loss of connectivity to the Internet or to the telephone network communications on which the Seller depends, 15) a fact or a third decision where that decision affects the performance of this contract or 16) any other causes beyond the reasonable control of the Seller.
If the Seller was obliged to interrupt the processing / delivery of the order or to cancel it in case of force majeure, the Seller will only refund the price possibly already received.
Internet and new technologies
The Client acknowledges the restrictions and risks associated with the use of the internet or any other means by which the website is currently or will be made available in the future. The Client also recognizes the risks of storage and transmission of information by digital or electronic means.
The Client accepts that the Seller cannot be held responsible for any damage caused by the use of the website (as well as any applications) of the Seller or the Internet, following the aforementioned risks.
The Client further agrees that electronic communications exchanged and backups made by the Seller may serve as evidence.