General Conditions of Sale
GENERAL CONDITIONS AND STATUTORY INFORMATION
The sales site "www.maniet.be" is an e-commerce web site that allows customers to reserve or buy shoes, accessories, cleaning products, etc., online. It is maintained by the S.A. CHAUSSURES MANIET (hereinafter also referred to as the Company) whose registered office is at 147, boulevard de l'Europe at 1301 Bierges and whose administrative headquarters are at 111, avenue Thomas Edison at 1402 Thines (Nivelles). It is registered with the Banque-Carrefour des Entreprises under number 0427.140.983. The site can be accessed from anywhere in the world and the distance selling service is available to anyone throughout the world. The reservation service is limited to Belgium. Customers must complete an identification form which, once approved by the Company, will enable them to order or reserve items via the web site. The customer will provide his/her name, address, date of birth, e-mail address and a confidential password of his/her choice, which will be essential to any request for identification.
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.
S.A. CHAUSSURES MANIET reserves the right to amend its general conditions. These changes do not apply to orders previously approved by the customer. S.A. CHAUSSURES MANIET 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 S.A. CHAUSSURES MANIET Any copying in full or in part of this site or of its database by whatever means is prohibited. The items belonging to the S.A. CHAUSSURES MANIET, 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 can be converted for guidance into all currencies at the time of making up basket for the order or reservation) and are inclusive of all taxes and VAT.
As part of a sale, they include delivery charges for Belgium but not abroad. Any order involving a delivery outside Belgium, for an order amounting to less than € 199, the customer pays the shipping and/or mailing costs specified when placing the order. In this respect, the order can be cancelled at any time before final confirmation.
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 confirmation of the order by the customer.
ARTICLE 2 - RESERVATION OR 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 web site. While providing the utmost care and greatest accuracy when providing the online information, the item descriptions and information available on the web site 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. In any event, in case of non-compliance of the delivered item in terms of its description, the Company shall undertake to correct this error, under the terms of article 6 set out below.
The site allows the customer to make the reservation or order of one or more items via the web site, for non-professional purposes.
For all reservations of more than three items, the customer is requested to contact the sales department between Monday and Friday from 8:30 a.m. to 5:30 p.m. to arrange the conditions of reservation, sale, payment and delivery by calling +3200 (0)10/489.150.
1. The selection of items for the order or reservation.
For any order of more than seven items, the customer is requested to contact the sales department between Monday and Friday from 8:30 a.m. to 5:30 p.m. to arrange the conditions of reservation, sale, payment and delivery by calling +3200 (0)10/489.150 The selection of items for the order or reservation.
Any customer wishing to make a reservation or 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. 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.
Once the customer has been identified, a reservation or purchase order appears on the screen.
The customer selects items by adding them to the basket.
The orders will be accepted according to their availability in stock. If, in spite of the careful precautions taken by S.A. CHAUSSURES MANIET, the items ordered are no longer available, S.A. CHAUSSURES MANIET 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. S.A. Under no circumstances can CHAUSSURES MANIET be held liable for items being out of stock or unavailable.
The customer agrees that all the information provided to S.A. CHAUSSURES MANIET on the web site, 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 or reservations 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 or reservation 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 it no longer wishes to order, and may do so while he/she has not placed the order,
- to complete his/her selection and finalise its decision by clicking the "order" (final confirmation of the order) icon.
Our web site offers an online support service for any specific queries. Our service is committed to providing a response to customers within 48 hours of the request.
2. Making the reservation or placing the order.
Once the customer has selected his/her items, the reservation slip or 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, either to a reservation collection tab, or he/she is asked to complete the payment for the items that have been ordered. The customer is then redirected to the "OGONE" secure payment site. A secure payment window will open and it will then complete the specified procedure.
As part of a reservation, the customer will be prompted to select the collection point from amongst the Company's retailers suggested on the site. The reservation will be effective for a period of seven days from receipt of the e-mail confirmation of the reservation, which will be sent to the customer no later than within three days of the reservation. The items will have to be tried on and paid for to the retailer. The items acquired in this process shall not be subject to the period of withdrawal. The reservation does not constitute an obligation to purchase.
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 "maniet/admin" information management program within our computer system.
3. Order confirmation
An acknowledgement of receipt of the order will be sent to the customer by e-mail. An order confirmation will also attached to the parcel delivery. This confirmation will contain the following information:
- The full identification of the S.A. CHAUSSURES MANIET,
- 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 geographical address of the establishment of S.A. CHAUSSURES MANIET 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.
4. Refusal to accept the order or reservation
4.1. S.A. CHAUSSURES MANIET reserves the right to refuse an order or a reservation if it is made by a minor who is not represented, if it establishes that there have been an excessive number of returns/reservations on the part of the customer, if there is a dispute between the customer and S.A. CHAUSSURES MANIET 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.
1. Items are delivered within 4 to 6 working days 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, the customer may cancel his/her order. He/she shall be refunded within one month of notification of the decision.
2. 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 the Belgian Postal Service 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;
- or to a Kiala pick-up point;
- or from a retailer belonging to S.A. CHAUSSURES MANIET selected from the list of approved retailers found on the web site when selecting delivery locations. (The Maniet Galeria Inno are not amongst the authorised retailers for the delivery of an order)
3. For an order via the Belgian Postal Service, if the customer is not present at home at the time of making the delivery, a calling card will be left inviting the customer to collect the parcel from the postal collection point (indicated on the calling card) within a period of 14 days. After this period, if the customer has still not come to collect his/her parcel, it will be returned to the offices of S.A. Chaussures Maniet. The Company will contact the customer either to arrange a new delivery, or to cancel the order and to organise a refund. If the payment has already been made and the order has been cancelled, the customer will be refunded the price of the order.
For orders delivered to a Kiala pick-up point as specified and selected by the customer from the available delivery locations, the customer will ensure that he/she comes to collect his/her package at a time that suits him/her best in terms of Kiala collection point schedules.
4. Ownership of the items delivered is not transferred to the customer until he/she he 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.
1. 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 S.A. Chaussures Maniet, 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. For goods returned as part of a Kiala or Belgian Postal Service delivery, delivery charges are pre-paid by S.A. Chaussures Maniet ("Kiala" or "bpack easy return" return label). The other goods must be handed back to the chosen retailer for delivery.
The customer must specify the method of reimbursement that he favours (via promotional code voucher or credit bank refund).
2. Items must be returned within the time specified above.
Items must be returned in brand new condition and complete (together with their accessories). The shoes can only be tried on inside a building and on a clean surface.
Items soiled by the customer or used will not be taken back.
Neither will they be taken back if they are damaged or if they are not packed in their original packaging.
In any event, the customer must keep proof of return delivery/return of the goods.
If the items are not returned as described above, they will not be refunded. If they have been paid for, S.A. CHAUSSURES MANIET shall maintain the price and the items shall remain at the disposal of the customer at its establishment.
3. If items are correctly returned and have been paid for, S.A. CHAUSSURES MANIET undertakes to provide an immediate refund and no later than within one month of the return.
ARTICLE 5 – GUARANTEE
1. S.A. CHAUSSURES MANIET 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.
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. S.A. CHAUSSURES MANIET 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.
2. 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
1. Upon confirming the order, the customer is redirected to the OGONE secure payment site and is prompted to choose from among the following methods of payment:
- using a Visa credit or debit card or Mastercard: the customer follows the instructions provided by the "OGONE" 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;
- using a payment card such as "Mistercash"; the customer then opts for an immediate withdrawal of the value of his/her order.
2. Any unpaid amount shall be subject to interest at the contractual rate of 12% per annum from the due date and a lump sum fee equal to 15% of the amounts outstanding.
S.A. CHAUSSURES MANIET shall be held liable for a compensation payment of the same order of magnitude in relation to a client in respect of which it fails to meet its obligations.
The existence of any amounts outstanding authorises S.A. CHAUSSURES MANIET to refuse any new order.
ARTICLE 7 - FORCE MAJEURE
S.A. CHAUSSURES MANIET 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 S.A. CHAUSSURES MANIET 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 S.A. CHAUSSURES MANIET , 111 avenue Thomas Edison at 1402 Thines (Nivelles) or an e-mail (email@example.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 S.A. CHAUSSURES MANIET. All disputes relating to sales completed in application of the present fall under the jurisdiction of the courts of the judicial district of Nivelles and of Justice of the Peace for the first district of Wavre.