General Terms and Conditions of Sale


1. DEFINITIONS

1.1. LA MAROQUINERIE is a trade name of the company LDW Belgique sprl, registered at the Trade Register under number BE08 9188 1346, established Galerie Cathédrale n ° 58 at 4000 Liège, phone +32 42 23 53 81, e-mail: info@lamaroquinerie.be, and whose bank account opened at Belfius bank IBAN's number is : BE79 0688 9976 2933 (BIC: GKCCBEBB). For the purposes hereof, the terms "LA MAROQUINERIE" shall mean both LDW Belgique and La Maroquinerie, and the domain name www.lamaroquinerie.be owned by LDW Belgique sprl.

1.2. For the purposes hereof, the E-SHOP is defined as : the online purchase / e-commerce service of PRODUCTS offered on the website of LA MAROQUINERIE, accessible directly at the internet address www.la maroquinerie. be, as well as via the other internet addresses which LA MAROQUINERIE has the right of use and which refer to the "parent" site of www.lamaroquinerie.be.

1.3. For the purposes hereof, the CUSTOMER is defined as being without distinction any consumer within the meaning of the belgian law of 6 April 2010 on market practices and consumer protection and the belgian law of 11 March 2003 on certain legal aspects of information society services, as well as any professional person.

2. SCOPE

2.1. These general terms and conditions of sale govern all the contractual relations between LA MAROQUINERIE and the CUSTOMER, that to the exclusion of all others, including all general and / or particular conditions emanating from the CUSTOMER. They apply to all orders of goods (hereinafter "the PRODUCTS") made through the proposed E-SHOP on the website of LA MAROQUINERIE, www.lamaroquinerie.be, as well as to any service accessory service. Any derogation from these general terms and conditions of sale must be expressly accepted in writing by both parties.

2.2. These general terms and conditions of sale apply only to the internet sales activities of LDW Belgique sprl, and therefore do not apply to its other commercial activities, including physical sales in its shops in Liège (Belgium), which are governed by specific general term and conditions.

3. CONCLUSION OF THE CONTRACT AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE

3.1. LA MAROQUINERIE's presentation of the PRODUCTS on the E-SHOP does not constitute a binding offer on its own. Consequently, the mere will to acquire these manifested by the CUSTOMER other than by scrupulously respecting the ordering process as described in article 5 hereof can not give rise to the contractual relationship alone.

3.2. The completion by the CUSTOMER of the ordering process as described in Article 5 of these general terms and conditions of sale contractually binds him. LA MAROQUINERIE is only validly committed towards the CUSTOMER as from sending the order confirmation referred to in article 6 hereof and upon receipt on his bank account or Paypal account of the payment of the CUSTOMER made according to the means of payment offered on the E-SHOP.

3.3. By completing and validating the order form, and more specifically by checking the interactive box signifying that he has read and accepted the present general terms and conditions of sale, the CUSTOMER declares to have read and accepted unconditionally, without exception or reservation , the present general terms and conditions of sale as well as all other information communicated on the site.

4. LANGUAGES

4.1. The contract is deemed to be concluded under French language, even if the CUSTOMER has consulted the E-SHOP and placed his order via forms translated into one of the other languages available on the E-SHOP website.

5. ORDERING PROCESS

5.1. The ordering process is as follows :

5.1.1. The CUSTOMER browses the E-SHOP, selects PRODUCT(S) he wishes to purchase, and completes the fields of the forms proposed for personalization;

5.1.2. The CUSTOMER selects the PRODUCT (S) that he intends to acquire via the "Add to Cart" icon;

5.1.3. At the end of PRODUCT(S) selecting step, the CUSTOMER displays the summary of the PRODUCTS that he has placed in his basket and then clicks on the "Order" icon;

5.1.4. It is then proposed to him to create an account. The creation of an account allows to order faster in the future, to inquire about the status of an order in progress, to consult easily orders made in the past, aso ...

5.1.4.1. The CUSTOMER who opts for the creation of an account, gives his email address and clicks the "create your account" button. It is then requested to enter a number of data in the fields provided for this purpose, among which the following mandatory information, marked with an asterisk:
• First name
• Name;
• Email;
• Phone ;
• Address ;
• City ;
• Postal code ;
• Country;
• Department;
• Password ;
• Confirmation of password;
• And, if it is a company, its EU Intracommunity VAT number.

The address information serves as billing information. In this respect, the CUSTOMER has the option of checking an interactive box if the billing address and the delivery address are identical. That done, the CUSTOMER presses the "continue" button. If the delivery address differs from the billing address, the CUSTOMER is invited to fill in the fields provided for this purpose on the "Delivery Information" fileds, then to click on "continue".

The CUSTOMER has the possibility of ticking a tick-box if the billing address and the delivery address are identical. That done, the CUSTOMER presses the "continue" button. If the delivery address differs from the billing address, the CUSTOMER is invited to fill in the fields provided for this purpose on the "delivery information" tab and then click on "continue".

5.1.5. The CUSTOMER is then invited to choose one from two ways of delivery: "withdrawal in store" to the shop located in Liege (Belgium) or delivery to an address he determines.
He is free to specify any wishes (preferences or availability schedules, contact person designated for the receipt of the PRODUCT (S), aso.) in the field "add comments concerning this order". Some of these preferences involve additional shipping costs (eg "Saturday delivery"), the CUSTOMER will have to check a "tick box" to confirm the choice of these options.

5.1.6. The CUSTOMER is then asked to choose among the payment methods. The CUSTOMER is also invited to check an interactive box to confirm that he has read and agrees to these terms and conditions of sale, checking this box constituting an express and unconditional acceptance of these terms and conditions of sale.

5.1.7. A summary of the order appears, which includes :

The names and models of the PRODUCT(S) ordered;

The amount to be paid;

The unit price, excluding VAT and tax, of each PRODUCT, the subtotal before tax, the delivery charges if applicable, the VAT amount and the total price of the order including VAT;

5.1.8. If the CUSTOMER wishes to modify any element of his order, he can click on the "modify" icon. If the CUSTOMER wishes to continue and confirm his order, he clicks on "confirm and pay the order (obligation of payment)".

5.1.9. Any order is deemed to be binding at the end of each successive steps mentioned in 5.1.1. to 5.1.8., the CUSTOMER only entering into a binding contract by clicking on "confirm and pay the order (payment obligation)".

6. ACKNOWLEDGEMENT OF RECEIPT AND ORDER CONFIRMATION BY ''LA MAROQUINERIE''.

6.1. Within moments following the completion of the ordering process referred to in Article 5 of these general terms and conditions of sale, LA MAROQUINERIE acknowledges receipt of the order and confirms it by sending an email. This confirmation synthesizes :

The business details of LA MAROQUINERIE, including its geographical address, particularly applicable in case of complaint;

Order number and date when order has been placed;

The PRODUCT (S) ordered;

The total price of the order including VAT, in Euros, unless otherwise stated;

The delivery method chosen, the delivery address and delivery charges, if applicable;

The payment method chosen;

Reproduction of Article 14 of these general terms and conditions relating to the lack or the existence of a withdrawal right in favor of the CUSTOMER;

Information relating to after-sales services and guarantees provided;

6.2. LA MAROQUINERIE keeps the right to suspend or refuse to confirm the order in the following cases :

Incomplete payment, until receipt of the full payment of the order on LA MAROQUINERIE's bank account ;

Delivery address located in a different country than the billing address ;

As the case may be, communication of an invalid intra-community VAT number ;

Communication of CUSTOMER's datas patently faulse ;

7. TECHNICAL MEANS OF IDENTIFICATION AND CORRECTION OF DATA CAPTURE ERRORS

LA MAROQUINERIE sets up computer technical means to identify and correct the data captuire errors errors that may be committed by the CUSTOMER during the ordering process, including the validation of the e-mail address indicated during the order process.

8. PRIVACY PROTECTION

8.1. LA MAROQUINERIE is respectful of the privacy of its CUSTOMERS. As manager of the personal data processing of their private datas, LA MAROQUINERIE is committed to the respect of the law on the protection of private life with regard to the processing of personal datas and any prescription applicable in this field.

LA MAROQUINERIE keeps in its database some personal datas transmitted via the website by the CUSTOMER, including surname, first name, address, sex, language choice, e-mail address, phone numbers, as well as VAT number or prospective company name.

8.2. The CUSTOMER may always request the communication and, where appropriate, the correction of his personal datas, by sending an e-mail to LA MAROQUINERIE for this purpose, or by any other communication mean.

8.3. LA MAROQUINERIE uses the personal data of CUSTOMERS:
1. in order to carry out the delivery and the possible invoicing of PRODUCTS ordered and to contact the CUSTOMER in case of ordering or delivery problem;

2. unless opposed by the CUSTOMER at the time of collection of his personal datas or later, and with his explicit consent regarding the sending of offers by e-mail, to communicate to the CUSTOMER offers concerning the other PRODUCTS offered by LA MAROQUINERIE.

8.4. LA MAROQUINERIE does not communicate the personal datas of the CUSTOMERS to any third party other than those responsible for ensuring the delivery of the PRODUCTS and / or the realization of the sending of offers by e-mail as described in the paragraph above.

9. ARCHIVING

CUSTOMERS's personal datas, orders placed via E-SHOP, acknowledgments of receipt and order confirmations are archived by LA MAROQUINERIE but are not accessible to third parties.

10. PRICES, PRODUCTS AND MODIFICATIONS

10.1. All PRODUCTS marketed by LA MAROQUINERIE are standardized products whose models are often registered and/or branded by major brands, and any modification is prohibited by the said brands.

10.2. The prices presented on the E-SHOP are VAT included prices in Euros, including VAT at the rate in force in Belgium. These prices are valid at the time of order confirmation. They may be modified at any time by LA MAROQUINERIE, without this modification being able to influence parties rights and obligations regarding the orders previously confirmed by LA MAROQUINERIE.

In case of sale within the EEC, if the customer is a taxable person with a valid Intracommunity VAT number, the sale can be made free of VAT, and, if not, the VAT rate in force in Belgium will apply. In case of sale to a country outside the EEC, it will be up to the CUSTOMER to carry out the customs and administrative formalities in order to get, if applicable, refund of the VAT applied to the price including VAT.

10.3. All taxes, duties (including customs duties) and any levies, present and future, excluding taxes on income and profit, due to any authority whatsoever and which directly or indirectly affect the sales subject to these terms and conditions of sale are always on behalf of the CUSTOMER and, where applicable, payable in addition to the price of the PRODUCTS. This statement also refers to VAT rate which may impact the price VAT included of the PRODUCTS according to the country of residence of the CUSTOMER or the delivery address that he has mentioned on his order.

10.4. LA MAROQUINERIE is authorized, at any time and without any prior notice, to suspend the sale of PRODUCTS or to modify their range, without this modification being able to influence orders previously confirmed by LA MAROQUINERIE.

11. CONDITIONS OF DELIVERY

11.1. If the CUSTOMER has opted for a withdrawal at the store, he will be warned by LA MAROQUINERIE of the availability of his order and will be able to come himself at the company's headquarters, (8, Rue des Dominicains - 4000 LIEGE - Belgium) in order to get the ordered PRODUCT(S). As of the withdrawal of his order, all the risks likely to weigh on the PRODUCTS sold are transferred to the CUSTOMER.

11.2. If the CUSTOMER has opted for a delivery, the PRODUCTS will be delivered to the delivery address he has indicated during the ordering process.

11.3. The logistics partner chosen by LA MAROQUINERIE for its deliveries is BPOST, and therefore by extension all BPOST partners in the various countries served by the latter. LA MAROQUINERIE's standard delivery conditions are thus defined in relation to BPOST's standard price list at the CUSTOMER's place of residence (or at his office or any other address in the same country as his home address, which he has indicated at the time of his order) during working hours during the week.

More details on standard delivery conditions can be found on BPOST website: http://www.bpost.be.
Non-standard deliveries, including express deliveries, or outside standard delivery hours, are made with an additional charge to the CUSTOMER in addition to the standard conditions. If more specific delivery terms are requested by the CUSTOMER, those must then be expressly accepted by LA MAROQUINERIE by a separate e-mail from that relating to the order confirmation.

11.4. PRODUCTS ordered can only be delivered to an address located in the countries listed in the fee schedule below.

Destination


Amount


VAT order

Belgium
(24h Bpack Pro price)

UK / Luxembourg / Country
Netherlands / France / Switzerland
Germany

Other EEC countries, +
Europe outside the EEC +
Middle East and Africa

<250 € and / or products
Outlet

10,00 € incl. taxes

15,00 € incl. taxes

30,00 € incl. taxes

> € 250 and <€ 500 (for
off-line products)

Free

10,00 € incl. taxes

25,00 € incl. taxes

> 500 € (for products
outside "outlet")

Free

Free

Free

For other destinations, shipping costs must be determined on a case by case basis and will be communicated to the CUSTOMER before confirming his order. In this specific case the customer must then expressly accept any shipping costs by sending an acceptance confirmation by e-mail prior to acceptance of the order by LA MAROQUINERIE.

11.5. Given the value of PRODUCT(S) shipped, they are always provided with a barcode label provided by the carrier and ensuring the traceability of the shipment. The document resulting from the scanning carried out during the delivery of the order will constitute a presumption of effective delivery of the order and its reception by the CUSTOMER, which will prevail, unless the contrary is proven by the latter. A delivery note is always attached to the PRODUCTS ordered.

The CUSTOMER will be able to follow his shipment at any time thanks to the "Track and Trace" application made available by Bpost (service subject to the conditions of use determined by BPost).

11.6. Delivery times vary not only according to the country of destination but also according to the payment method chosen by the CUSTOMER. LA MAROQUINERIE does not confirm, and therefore does not process any order, until the receipt of the complete amount due. The delivery time is thus longer if the payment is made by bank transfer, depending when CUSTOMER's bank institution executes the transfer request. Upon receipt of the full payment the delivery time is usually 24 hours in Belgium, 48 hours in the neighboring countries, and 2 to 3 days in other European countries.

11.7. LA MAROQUINERIE reserves the right to choose the most appropriate delivery method for each order.

11.8. If, however, one or more ordered PRODUCT (S) fails to reach the delivery address provided within 15 calendar days after the payment has been sent by the CUSTOMER, it is up to him to get in touch with LA MAROQUINERIE, within a reasonable time, in order to inquire about the status of his order.
In case of non delivery after a period of 30 days and after complete payment by the CUSTOMER, the latter will be entitled to request cancellation of his order and the full refund of the amount paid for it.

12. INVOICING

12.1. For each order, LA MAROQUINERIE issues an invoice complying with applicable VAT legislation, regardless of whether or not the CUSTOMER is a taxable person. This is sent at the same time as the PRODUCTS ordered are shipped, to the billing address determined by the CUSTOMER during the ordering process.

12.2. As stated in article 6 hereabove, the CUSTOMER may mention a billing address different from the delivery address. However, the billing address must be located in the same country than the delivery address.

13. PAYMENT

13.1. Orders placed via E-SHOP are payable online through CBC-PAYPAGE which allows the use of VISA / MAESTRO / BANCONTACT / ''CARTE BLEUE'' cards in a secure way. Only the bank is authorized to manage your card and your secret codes - La Maroquinerie does not store or use any of your bank details. Payment by bank transfer is possible too. In accordance with Article 3.2. of the present, any order will be accepted and handled by LA MAROQUINERIE only after reception of the complete payment.

13.2.If the CUSTOMER opts for a payment by bank transfer, he has a period of 5 working days to fulfill his payment. Failing receipt of payment on LA MAROQUINERIE's bank account (whose IBAN datas are mentioned on the SITE) within this period, LA MAROQUINERIE will be released from any obligation toward the CUSTOMER and the order will be automatically considered as having never been done.

14. COMPLIANCE & GUARANTEE

14.1. The CUSTOMER has legal rights under the applicable national legislation governing the sale of consumer goods. These rights are not affected by this warranty.

14.2. All the PRODUCTS (S) offered on the E-SHOP are described in good faith and as faithfully as possible by LA MAROQUINERIE. The images presented on the website of LA MAROQUINERIE have however no contractual value.

14.3. Without prejudice to the applicable legislation on the sale of consumer goods to customers, the defect warranty of the goods sold is limited to 6 months. The CUSTOMER is required to check the contents of his order upon receipt of the latter. If a PRODUCT received is not in conformity with the PRODUCT that the CUSTOMER has ordered, the CUSTOMER must, on pain of forfeiture, inform LA MAROQUINERIE in writing within a period of 7 days from the day he has stated the non conformity. Nevertheless, and in order to prevent abuse, prior to any return of a PRODUCT considered non-conform by the CUSTOMER, the latter must have exposed to LA MAROQUINERIE, by all means and in particular by sending photographs, the reasons why he considers that his order is non-conform.

14.4. To send back an order made on the E-SHOP, the CUSTOMER is required to return this order to the address of the head office of LDW Belgique listed in Article 1. The PRODUCTS must be returned intact and complete in their original packaging and with the labels containing their references, accompanied by the delivery note and the return label that will be provided by LA MAROQUINERIE.

14.5. The warranty is limited to the repair or replacement of the PRODUCT concerned by LA MAROQUINERIE, at no cost to the CUSTOMER, such repair or replacement to take place within a reasonable time. LA MAROQUINERIE, however, reserves the right not to repair or replace the PRODUCT concerned if such replacement or repair appear impossible or disproportionate. The repair or replacement is considered disproportionate if it imposes unreasonable costs on the MERCHANDISEY considering the value the PRODUCT would have if the lack of conformity were not met. In this case, the CUSTOMER has the right to demand from LA MAROQUINERIE an adequate reduction of the price or the resolution of the contract if it is not entitled to the repair or the replacement of the good, or if LA MAROQUINERIE does not have performed the repair or replacement within a reasonable time. The CUSTOMER does not have the right to demand the cancellation of the contract if the lack of conformity is minor.

15. WITHDRAWAL RIGHT

15.1. In accordance with the law, by purchasing through this e-commerce site, you have the right to withdraw from the purchase agreement without giving any reason, and within fourteen days. This withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the last item, part of an order, delivered.

15.2. To exercise the right of withdrawal, you must notify to LA MAROQUINERIE (LDW Belgique Sprl - Rue des Dominicains, 8 to 4000 Liège - Belgium, e-mail: info@lamaroquinerie.be, phone +32 42 23 53 81), your withdrawal decision from this contract by an unambiguous declaration (for example, letter sent by post, fax or e-mail). You can use the withdrawal form that is proposed below, but it is not mandatory. If you use the e-mail option, we will send you an acknowledgment of the withdrawal by e-mail in return.

In order for the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. If you withdraw from this contract, we will refund all payments received from you, with the exception of any additional delivery charges that may arise from the fact that you have chosen, if applicable, a delivery method other than the standard delivery method offered by us.

15.3. The products sold by LA MAROQUINERIE are inherently fragile, especially with regard to the surface appearance of leather or metal parts such as clasps or chains.

The withdrawal right is thus strictly conditioned to the fact that a returned PRODUCT does not present any obvious sign of manipulations other than those necessary to establish the nature, the characteristics and the conformity of this PRODUCT, and in any case no sign of use or wear which makes it unsuitable/unfit for re-sale.

It is thus expressly stated that:

For all PRODUCTS will be deemed "to show signs of use and to be unfit for re-sale":
- If they are returned without the original labels (including those bearing the PRODUCT mark) sealed to the product with the original link.

  • If the sealed link between the PRODUCT protective cover and the PRODUCT itself is broken. This sealed link is tamper-proof if it is not intentionally cut and carries a unique serial number specific to the delivered PRODUCT

15.4. In the event of exercise of the right of withdrawal, the refund of the PRODUCT (S) will be made without undue delay and, in any event, no later than fourteen days from the day we are informed of your decision to withdraw from the given contract. This reimbursement may nevertheless
be postponed until LA MAROQUINERIE will have received the returned PRODUCTS or until you have provided us with a formal proof of shipment of the PRODUCTS, the date of reference being the date of the occurrence of the first of these facts.
We will refund using the same means of payment than used by the CUSTOMER for the original transaction, unless he expressly agrees otherwise; and in any case, this refund will not cause any cost for the CUSTOMER.

The return costs of the PRODUCTS must be paid directly by the CUSTOMER.

Download the withdrawal form here.

16. INTELLECTUAL PROPERTY

16.1. The website of LA MAROQUINERIE and its content, visual or sound, are protected by intellectual property rights. The reproduction, translation, modification, or distribution of all or part of this site and / or any of the elements in any form, is strictly prohibited, unless prior written consent of LA MAROQUINERIE. Any infringement of such intellectual rights will lead to civil and criminal prosecution.

17. DISCLAIMER / EXEMPTION OF LIABILITY / FORCE MAJEURE

17.1. LA MAROQUINERIE declines any responsibility as for any damage whatsoever, direct or indirect, (loss of exploitation, loss of profit, loss of a chance, ...), which would result from the use of E-SHOP or a late delivery of the PRODUCTS ordered.

17.2. LA MAROQUINERIE also declines all responsibility concerning the content of the sites of third parties to which it establishes a hypertext link or referral, particularly with regard to the protection of privacy.

17.3. The occurrence of any event, such as, in particular, any interruption of production, transport or delivery, strikes, lockouts, embargoes, wars, terrorist attacks or consequences of attacks, lack of raw materials, epidemics, bad weather and more generally any event of a similar nature affecting LA MAROQUINERIE or its suppliers, and delaying or rendering impossible the performance of its obligations, suspend the performance thereof. If applicable, LA MAROQUINERIE shall notify the CUSTOMER as soon as possible of the proof of its occurrence. The performance of its obligations will be suspended until the notification of the end of the event, being understood that the CUSTOMER will not be able to claim to LA MAROQUINERIE any compensation due to this fact. LA MAROQUINERIE will make every effort to reduce difficults and / or damage caused. If the force majeure lasts more than 45 days, the CUSTOMER will have the right to terminate without compensation the contract by notification addressed to LA MAROQUINERIE by registered mail.

17.4. LA MAROQUINERIE also declines any responsibility for the non-performance of an order generated by an error or negligence committed by the CUSTOMER (for example, and without limitation : communication of a delivery address which is incomplete , incorrect or not allowing a correct delivery of the consignment, the introduction of a delivery address located in a country different from that of the billing address, incomplete payment of the order, etc.).

18. GENERAL PROVISION

18.1. The nullity or inapplicability of one of the clauses of these general terms and conditions of sale can not affect the validity or the applicability of the other clauses. If applicable, LA MAROQUINERIE undertakes to replace the null or inapplicable clause by a valid clause that is the closest economically to the null or inapplicable clause.

18.2. The fact that LA MAROQUINERIE does not prevail of these general terms and conditions of sale at a given time, can not be interpreted as a renunciation to take advantage later.

18.3. These general terms and conditions of sale are governed by Belgian law, notwithstanding any foreign element. Any dispute relating to the formation, execution or interpretation of these general terms and conditions of sale as well as any agreements to which they apply and which can not be resolved amicably is subject to the exclusive jurisdiction of the courts of Liege (Belgium), unless the CUSTOMER acts as a non-professional.

19. WITHDRAWAL - ORDER TRACKING – COMPLAINT

For the withdrawal in store, the follow-up of any order and / or for any question or possible complaint as for the conformity of the PRODUCTS delivered, the CUSTOMER can get in contact at LA MAROQUINERIE - 8 rue des Dominicains - 4000 Liège - Belgium.