Y-dress? 102 rue antoine dansaertstraat. 1000 bruxelles – brussel. Belgium.T/F +32 2 502 69 81
Terms and Conditions
The purpose of this present agreement is to describe the basis of any sale and delivery of items (the Items) put on sale by the company Y-dress ?, on the Internet site www.ydress.com (the Site). The user who wishes to buy on the Site must have the full legal capacity to do so. It is assumed that if an item has been ordered by a member, that the member has read and understood the Terms and Conditions, without assuming that the aforementioned member has written their signature. By law the member is reminded that the validation of a discount voucher presupposes an electronic signature between the Parties, and this signature is equivalent to a written signature and is evidence of the whole order and the sum required as payment on the aforementioned order.
2. ITEMS AND AVAILABILITY
The offer of Items and their prices are valid for the time that they can be seen on the Site and dependant on the quantity available mentioned at the time of placing the order. However, offered items are limited in terms of available stock. If items are out of stock, Y-dress? could however suggest a replacement item to the customer, or suspend the order until the out-of-stock item(s) have been replenished. If replenishment is not possible, or there is a delay in the delivery of the replenished items, Y-dress? will notify the customer about this as soon as possible. In the case of temporary or permanent unavailability of one or more items ordered, or the extension of the delay before delivery given during the placement of the order by more than 5 days, the customer has the right to cancel his/her order.
The customer can place an order on the Internet Site www.ydress.com. The contractual details, as well as the order information, are presented in English and are comprehensively detailed before the final placement of the order. Y-dress? reserves the right to cancel or refuse an order from a customer with whom they are in dispute over payment for a previous order, a complete or partial non-payment by the Buyer, or due to a refusal by the bank who issued the card to honour the payment in totality or not, or due to the use of a card not issued by a europeen bank. Y-dress? will not be held responsible in any case on these accounts. As soon as the payment has been validated, the order is registered and is irrevocable. The discount voucher will be registered on the computer records of Y-dress ?, these themselves are kept on reliable and lasting supports and will be considered proof of a contractual agreement between the parties. When the payment has been validated, confirmation of the order will be sent by e-mail to the e-mail address given during the order process. The customer can look at the status of the order by logging on using his/her account details on the site vitrines-parisiennes.com.
Customers have to register on the site ydress.com leaving their e-mail address. From this moment they become members of the aforementioned site. They are free to be no longer a member as soon as they request it. ydress.com has the right to refuse access to their site to any particular member.
4. FINANCIAL CONDITIONS
All items are priced in Euros, VAT included, but do not include packaging and delivery costs. The items’ prices are applicable to all customers in the countries to which Y-dress ? delivers its goods. Y-dress ? reserve the right to change the prices at any moment, but the items will be billed using the price applicable at the moment when the order was registered, subject to the availability at that date.
Orders are to be paid in Euros. Orders on the Site are to be paid by paypal and debit/credit card: Visa, Eurocard-MasterCard. Y-dress ? will process the debit of the debit/credit card as soon as the order has been validated. Y-dress ? uses SSL technology, which reliably ensures the transaction by encrypting all the debit/credit card details of the customer; these details are directly transmitted to paypal, using a secure connection, without passing through the Site ydress.com. The validation of an order by the Customer presupposes an acceptance of the current Terms and Conditions by that Customer.
5. CANCELLATION POLICY
In accordance with article L121 of the Consumer Code, the buyer has the right to cancel his order. He has 7 days to return the items without giving a reason, in accordance with articles L 121 and following. This delay of 7 days starts from receipt of the items. The items must be returned and the postage costs are borne by the buyer. The buyer must request the return of the parcel using “Contact us”, after having logged in. It is up to the buyer to prove that he has returned the item(s), which assumes that the return has been effected by registered post or by a method that provides proof of the date posted. The buyer returns the item(s) at his own cost and at his own risk (the buyer is therefore advised to declare the value of the goods and take out appropriate insurance at the time of posting). Items that are returned incomplete, damaged or apparently worn will not be accepted.
6.1 Delivery costs
Items are only delivered in the countries listed in the “Delivery” header. The goods are delivered to the delivery address given by the customer during the order process and can be different from the billing address.
6.2 Delay before delivery
The availability and the delay before delivery are given as a guide only and can be changed according to the availability from our suppliers. Y-dress ? will let their customers know if the delay before delivery is to be extended. Any order that has not been sent out within 30 days from the validation of the order will be cancelled unless otherwise specified and announced in the sale, and/or during the placement of the order. Y-dress ? cannot be held responsible for the consequences due to late arrival.
The customer must inform Y-dress ? if there is a problem with the goods received (damaged parcel, parcel already open, or items received that were not ordered) within twenty-four (24) hours after receiving the parcel. Y-dress ? promises to refund the customer, or to exchange a spoilt or missing item, or to exchange an item that did not match the customer’s order. In these cases the customer must provide detailed, written proof of the defect or problem noticed and/or non-conformity of the item(s) and send them to Y-dress ?. Y-dress ? will give the customer a return reference number in order to send back the spoilt parcel or the item(s) that did not conform. The customer must request this number within five working days after delivery. Any complaint received after this delay will not be accepted. The items must be sent back to Y-dress ? by a tracked delivery service, in the state that the customer received them, in their original packaging, unopened with all accessories and all tickets still attached. Items that are returned incomplete, spoilt, damaged or dirtied by the customer will not be accepted. The items are not to have been spoilt, worn or washed.
Refunds made in accordance with section 6.3 will be processed in 3 weeks or less after the receipt by Y-dress ? the parcel. Y-dress ? will choose the type of refund; this will either be made by crediting the bank account of the customer, or by a personal cheque addressed to the customer who placed the order and sent to the billing address.
8. CUSTOMER SERVICES
For all information or question please contact customer services, preferably by e-mail: email@example.com.
9. INTELLECTUAL PROPERTY
All audio and visual elements of the Site, including the underlying technology are protected by copyright, trademarks and patents. They belong exclusively to Y-dress ?. Users who have their personal website wishing to place, for their personal use, a link to the homepage of the Site, must request permission to do so from Y-dress ?. In all cases, all links, even where permission has been tacitly given, must be removed by simple request from Y-dress ?. All hypertext links can redirect to other sites other than the Site. Y-dress ? declines all responsibility in the cases where the content of these sites contravenes the regulations and laws in force.
Y-dress ? will use all reasonable endeavours to allow access to the site, during the ordering processes, delivery and other services. Y-dress ? declines all responsibility for any inconvenience or damages due to use of the Internet, notably due to a disruption of the network, an external interference, a computer virus or all unforeseen circumstances as defined by law (Force Majeure). Items put forward in the sales conform to community law in force and to standards applicable in Belgium. Y-dress ? declines all responsibility for the non-respect of the law applicable in the country where the goods were delivered (e.g. if an item is banned in the country of delivery). Y-dress ? declines all responsibility for the non-fulfilment of the contract, in unforeseen circumstances (Force Majeure), due to the disruption or strike (total or partial) notably in the postal and transport and/or communication sectors or due to fire or flood.
11. PERSONAL DATA
In accordance with the law number 78-17 of 6 January 1978 addressing computing, files and personal information, personal information collected on the Site have been registered with the French Data Protection Agency (CNIL). The user has right to access, change, correct and delete the data that concerns him/her. In order to do this, the user must write to customer services at Y-dress ? (address above). In all cases, the user must include his/her first name, surname, address and if available, a reference number. Finally, Y-dress ? will be obliged to pass on these personal details (including details that could lead to their identification) to their retail partners. The user could therefore receive offers from third parties. As such, unless the user refuses to give his consent, their address details will be passed on to the retail partners of Y-dress ?. However, in respect of the user’s e-mail address, this will be given to said partners unless otherwise notified by the user. Of course the user has the right to refuse communication from a third party by refusing postal mail or e-mail, in accordance with the paragraph above. Certain web pages of the Site can sometimes contain electronic images “web beacons”, which allows us to count the number of visitors to a page. These web beacons can be used with some our partners, notably to measure and improve the effectiveness of certain adverts. In any case, the information obtained from such beacons are strictly anonymous and simply allow the collection of statistics regarding visits to certain web pages in order to better serve the users.
12. CHANGES TO THE TERMS AND CONDITIONS
Y-dress ? reserves the right to change the terms of these Conditions. In the future, new clauses will control all relations between the Parties and only the last on-line version will be proof of this relationship.
13. GOVERNING LAW AND JURISDICTION
The present Conditions are governed by Belgian laws. Should any dispute arise from the implementation of its interpretation, or from the consequences of the termination of a contract, the litigation will be submitted to the competent Belgian jurisdictions at Brussels, even with the presence of several defendants and/or the introduction of third parties, the same for emergency proceedings or interim measures, summary judgement orders or petitions.
14.EXCEPTIONAL CIRCUMSTANCES (Force Majeure)
The obligations of the company will be suspended in the case of unforeseen circumstances as defined by law (Force Majeure) or in the case of a fortuitous event which prevents the execution of its duties.
These are considered to be different cases under Belgian law.
In the case of a fortuitous event, ydress.com will inform their members within 7 days by e-mail.
15. PERSONAL NOMINATIVE DATA
Information and data concerning the member (including details that could lead to their identification) are necessary for managing the ordering process and their commercial relationships.
In accordance with the Privacy and Data Protection law of 6 January 1978, each member has the right to access and correct personal information concerning him/her.
In order to do this, the user must contact Y-dress ?, either on-line to customer services or write to them at their head office, including first name, surname, e-mail address, address and client reference number.
All information received is confidential.
Any information is used only by the internal departments of ydress.com for the processing of orders and to improve and personalise our communication.
ydress.com undertakes not to lend or sell infomation concerning its members to third parties, apart from suppliers and service providers who are directly needed by this sale process, notably logistics (transportation of parcels).
In addition, any member at any moment, can go the the site ydress.com or write to the company indicating his wish to terminate his membership of ydress.com.
16. CHANGES TO TERMS AND CONDITIONS
ydress.com reserves the right to change the Terms and Conditions at any time.
It is the responsibility of members to check them regularly.
When confirming an order the member is deemed to have accepted the new Terms and Conditions.
17. Particular Terms and Conditions for works of art.
Items which are subject to these terms and conditions are indicated by a note in their technical documentation on the Site. They are concerned by following sections – 20.a, 20.b
Section 17.a : Payment of a deposit
If the items requires a reservation payment, the payment must be applied against the order. Once the deposit has been received by par ydress.com, the customer will be contacted to make the final payment, by cheque or bank transfer. During this time the customer can see the item at an address indicated by ydress.com. If the transaction does not go through following the customer’s withdrawal, not matter what the cause, ydress.com will keep half the deposit as compensation.
Section 17.b : Specific rules concerning the return of works of art.
If the customer wishes to return the work of art(s) within 7 days following the purchase, the customer must take out a specialised transport insurance policy and the transport carrier must be approved by us. The initial delivery and insurance cost of the work of art will not be refunded to the customer, even if they do not appear within the detail of the bill. ydress.com will alos keep half of the deposit for “exceptional overheads”.
18. APPLICABLE LAW IN THE CASE OF DISPUTES.
The present contract is subject to French law. .
The langauge of the present contact is English.
Any disputes will be subject to the jurisdiction of the Superior Court in Brussels.
102 rue antoine dansaertstraat
1000 bruxelles – brussel. Belgium
T/F +32 2 502 69 81