GENERAL TERMS AND CONDITIONS OF E-COMMERCE SALE OF CHAUSSURES MANIET
Effective from 27/09/2022. If your Order was placed before this date, you can request a copy of the applicable terms and conditions by clicking here.
1. PREAMBLE AND LEGAL INFORMATION
1.1. The limited liability company S.A. CHAUSSURES MANIET (hereinafter referred to as CHAUSSURES MANIET) is a company under Belgian law active in the sale of footwear, accessories and cleaning products, whose identification details are set out below:
1402 Nivelles, Avenue Thomas Edison 111
ECB NO. 0427.140.983.
Telephone: + 32/10.489.100
Site organized by : Delaware Consulting CV
Site hosted by : Microsoft Azure
1.2. The present general conditions govern the sales of Items, as defined below, to Buyers, which are made on the Site. It is specified that the Items are intended for the personal use of the Buyer, to the exclusion of professional use, including any resale of the Item. Any Order or Reservation of an Item offered on the Site requires that the Buyer expressly accepts the present general terms and conditions of sale by ticking the dedicated box during the Order process.
1.3. The Site allows consumer Buyers to place an Order or a Reservation for an Item. The order of Items is only possible for consumer Buyers who want delivery in the following countries Belgium, Germany, Denmark, Spain, France, Italy, Luxembourg, the Netherlands, Portugal, United Kingdom and Switzerland. The Item Reservation service is only available for a trial in a Store located in Belgium or the Grand Duchy of Luxembourg as offered on the Site.
1.4. The present general terms and conditions, together with the Summary, the Validation and the Confirmation, form the contract binding the parties, it being specified that in the event of contradiction, the Confirmation shall prevail over the other documents. No derogation from the present general terms and conditions shall be permitted, except with the written agreement of CHAUSSURES MANIET. The absence of implementation of a clause set out in the present general terms and conditions may not
be interpreted as a waiver by CHAUSSURES MANIET of its right to take advantage of such clause.
1.5. CHAUSSURES MANIET reserves the right to modify its general conditions at any time. These modifications shall only be applicable to Orders and Reservations for Items placed subsequently and as from their acceptance by the Buyer.
2.1. "Basket": The electronic basket containing all the Items selected by the Buyer for an Order.
2.2. "Buyer": The consumer Buyer who places an Order or a Reservation on the Site.
2.3. "Confirmation": The confirmation by CHAUSSURES MANIET of the Buyer's Order as detailed in article 7.7.
2.4. "Items": Shoes, accessories, care items and more generally any other items sold by CHAUSSURES MANIET on the Site.
2.5. "Order": The Order of Items on the Site by the Buyer.
2.6. "Payment Intermediary": The company operating the INGENICO DIRECT payment solution, which is headquartered in [...] and is licensed to provide payment services in accordance with French financial supervision law and is supervised as such by the French Central Bank or any other payment service provider made available to the Buyer to pay for an Order on the Site ;
2.7. "Receipt" means the receipt of the Items by, or on behalf of, the Buyer.
2.8. "Reservation" means the booking of Items for trial in a Store as offered on the Site.
2.9. "Site" means the website https://Store.maniet.be"Store": A CHAUSSURES MANIET retail outlet as listed under the following tab on the Site: https://Store.maniet.be/fr/Magasins-chaussures-maniet-luxus
2.10. "Summary": The summary of the Order as detailed in article 7.4.
2.11. "Validation": The validation of the Order by the Buyer as detailed in article 7.5.
3. ITEMS AND POSTER PRICES
3.1. The Items offered for sale on the Site are those which appear on the Site, on the day of consultation of the Site by the Buyer. The information (name, definition, reproduction of the items, detailed description: properties, characteristics and composition) relating to all the Items offered for sale are available on the Site.
3.2. While taking the utmost care and accuracy in putting online information, in the descriptions of the Items and in the data available on the Site, as well as in updating them regularly, CHAUSSURES MANIET shall not be held liable for any non-substantial errors that may occur. Similarly, although the photographs and other reproductions of the Items on the Site faithfully represent them - within the limits of technology and in compliance with the best Internet standards - they are nevertheless only indicative and have no contractual value. In this respect, CHAUSSURES MANIET reminds the Buyer that in the event of non-conformity of the Item delivered in relation to its description, CHAUSSURES MANIET undertakes to correct this error, under the conditions of Article 10 and the Buyer shall have the right to withdraw from the Order under the conditions described in Article 9.
3.3. In the interest of full transparency and taking into account the fact that the Site is intended for consumer Buyers, the prices shown on the Site are indicated in euros and include all taxes and VAT applicable on the date of the Order. The total price of the Article is calculated on the basis of the VAT rate applicable in Belgium on the date of the Order. However, in the interest of full transparency with regard to the Buyer, CHAUSSURES MANIET undertakes not to pass on to the total price to be paid by the Buyer (as indicated in the Summary) the difference resulting from the VAT rate applicable to the sale according to the place of delivery of the Items (For Orders collected in the Store, the VAT rate applicable in the country where the Store is located shall apply. For Orders delivered to the Buyer, the VAT rate applicable in the country of delivery shall apply). In other words, regardless of the country of delivery, the Buyer shall pay the total price (including VAT) indicated in the Summary and the breakdown between the price of the Item (excluding VAT) and the VAT payable shall then be calculated by CHAUSSURES MANIET and indicated on the delivery note attached to the Order at the time of the delivery.
3.4. The prices shown on the Site do not include delivery costs. For Orders delivered in Belgium and the Grand Duchy of Luxembourg, delivery costs are charged depending on the total amount of the Order as follows:
Minimum Order of 29 €.
Order less than 29 €.
Delivery costs of €5
For Orders delivered to other countries, delivery costs will be calculated on a case-by-case basis during the Order process. In any event, before confirming the Order or Reservation, the Buyer will be informed in a clear and comprehensive manner of the total price of the Items, including delivery costs.
3.5. CHAUSSURES MANIET reserves the right to modify the prices displayed on the Site at any time. Items shall always be invoiced on the basis of the prices in force at the time of Validation.
4. IDENTIFICATION OF THE BUYER
5. The Buyer undertakes to ensure that all information communicated to CHAUSSURES MANIET on the Site, in the context of an Order or Reservation, is complete, accurate and up-to-date. Should this not be the case, CHAUSSURES MANIET reserves the right to cancel the Order or Reservation as well as the payment.
6. ONLINE ITEMS RESERVATION
6.1. With the exception of the sales period and the calendar month following the legal sales period (as an indication: January and February for the winter sales / July and August for the summer sales), the Buyer has the possibility of reserving an Item on the Site. The Reservation option is limited to 3 Items per Buyer.
6.2. In order to reserve an Item, the Buyer is invited to click on the "Reservation" tab of the Item he wishes to reserve. The Buyer can then select the Store in which he wishes to try the Item. Subject to availability, the Buyer will receive a Reservation confirmation and the Item will then be reserved in its name in the selected Store. The Buyer will then receive a notification of availability by text message or e-mail when the desired Item is available in the Store. This notification will specify the period of validity of the Reservation. Unless otherwise specified, the Reservation will be valid for a maximum of 7 working days from the notification of the availability of the Item (this period being understood as the number of days the Store is open and starting from the day following the notification).
6.3. The Reservation of an Item does not imply any obligation to purchase on the part of the Buyer. If the Buyer decides to purchase the reserved Item after having tried it on, the Buyer shall pay the price directly in the Store. CHAUSSURES MANIET draws the Buyer's attention to the fact that the sale of an Item previously reserved on the Site is carried out in the Store. In this context, the Buyer does not benefit from the legal provisions that apply to distance sales. In particular, the Buyer does not benefit from the right of withdrawal.
7.1. The Orders of Items can be done by Internet 24 hours a day, on the Site.
7.2. The Buyer selects the Items by adding them to his Basket. The Buyer may at any time view the Items selected for an Order by clicking on the Basket. The Basket allows the Buyer to :
- Situate himself in the process of placing an Order;
- View the selected Items and their prices (price per selected Item and total price to be paid including shipping costs if applicable);
- Correct any selection errors and abandon Items that he does not wish to Order, as long as he has not placed an Order;
- Finalize his Order by clicking on the "Order" icon.
7.3. The Site offers an online assistance service for personalized questions via the contact form available under the following link: [...] . CHAUSSURES MANIET undertakes to provide an answer to the Buyer within two working days from the first working day following his request (for example: if the Buyer asks a question on Saturday, he will receive an answer by Tuesday at the latest).
7.4. Before validating the Order, the Buyer shall receive a summary of the Order (hereinafter the "Summary"). The Summary shall include at least the Items ordered, the Items selected, their unit price, the delivery price, the total price to be paid and the address(es) to which the Order is to be delivered and/or invoiced.
7.5. The button to be activated to validate the Order on the basis of the Summary shall contain the words "order with payment obligation". By clicking to validate the Order, the Buyer explicitly acknowledges that the Order of Items implies an obligation to pay and that the Order is definitive (hereinafter referred to as "Validation").
7.6. The Buyer is then invited to proceed with the payment of the Order via an online payment service organized by the Payment Intermediary validated by the Buyer during the Validation process. The payment methods offered by the Payment Intermediary are, at the time of writing the present general terms and conditions, the following:
- Payment by credit card Visa or Mastercard: the Buyer follows the instructions given to him by the Payment Intermediary.
- Payment by payment card type "Mistercash" or "Bancontact" or via the Buyer's banking application; in this case, the price of the Order is debited immediately.
- Payment by PayPal.
The Buyer will not be charged of any additional costs for payment and regardless of the method of payment chosen.
7.7. CHAUSSURES MANIET shall acknowledge receipt of the Order and confirm in writing whether or not it has been accepted within minutes of the Validation (hereinafter referred to as the "Confirmation"). The Confirmation shall be recorded in the management program of CHASSURES MANIET’ computer system. The Confirmation shall include as an annex the invoice of the Order.
7.8. CHAUSSURES MANIET reserves the right to refuse an Order if it is placed by an unrepresented minor or if the Order does not comply with the present general terms and conditions of sale. In this case, within 48 hours of the Order Confirmation, it shall inform the Buyer by e-mail that his Order has not been accepted. The Order will then be cancelled and the Buyer will be immediately refunded via the payment method used for the purchase.
8. TERMS OF DELIVERY AND RECEIPT
8.1. Two ways of receiving the Items are offered to the Buyer:
- Home delivery: The Order is delivered by B-POST to the delivery address provided by the Buyer. CHAUSSURES MANIET shall inform the Buyer as soon as the Order is dispatched;
- In-Store collection (free of charge): The Buyer shall receive a notification by e-mail or text message from CHAUSSURES MANIET as soon as the Order can be collected in Store.
8.2. Unless expressly specified otherwise in the Summary, CHAUSSURES MANIET only guarantees the Buyer that the Items will either be dispatched (i.e. given to B-POST in the case of delivery) or available in the Store (in the case of collection) within a period of 2 to 7 working days following the Validation.
8.3. The delivery times announced on the Site are provided as an indication based on the average delivery times transmitted by the transporters. When the delivery time guaranteed in the previous point is respected, CHAUSSURES MANIET may not be held responsible for any delay in delivery attributable to the B-POST transporter. Furthermore, CHAUSSURES MANIET declines all liability for late delivery or failure to deliver in case of force majeure or an event beyond its control, which would make the execution of the agreement impossible or more costly in whole or in part, or in the event of the actions of third parties, such as the suppliers of CHAUSSURES MANIET, subcontractors, agents and representatives, or in the event of the Buyer's failure to comply with its obligations. War, riot, fire, strikes, accidents and the impossibility of being supplied are notably considered as cases of force majeure discharging CHAUSSURES MANIET from its obligation to deliver. CHAUSSURES MANIET shall inform the Buyer in a timely manner of the cases or events listed above.
8.4. The Buyer is obliged to ensure the Receipt of the Items in the following manner:
- Home delivery: If the Buyer is absent at the time of delivery, the delivery person shall leave a delivery notice inviting the Buyer to collect the package at post office (indicated on the delivery notice) within 14 days. If the Buyer does not receive his Order within this period, the Order shall be returned to CHAUSSURES MANIET.
- In-Store collection: The Buyer shall be obliged to accept the Order in the Store within 14 calendar days from the day after the Buyer has been notified of the availability of the Order in the Store.
8.5. When the Buyer has not been able to carry out the Receipt within the time limits set out in the previous point, CHAUSSURES MANIET shall have the right to:
- Or to contact the Buyer to arrange a new delivery;
- Either cancel the Order and make the refund.
8.6. The transfer of risk of the Order takes place at the time of Receipt.
9. RIGHT OF WITHDRAWAL
9.1. CHAUSSURES MANIET draws the attention of its Buyers to the fact that the withdrawal options provided for in these general terms and conditions only apply when the Order is placed remotely, on the Site or by e-mail or outside the premises of CHAUSSURES MANIET. This means that if the purchase of the Items is made on CHAUSSURES MANIET's premises (even following a Reservation), the Buyer shall not benefit from any right of withdrawal.
9.2. The Buyer remains free to exercise his right of withdrawal for a period of 14 days from the date of the Receipt of the Order.
9.3. The Buyer may exercise his right of withdrawal by sending an unambiguous written statement to CHAUSSURES MANIET that he wishes to exercise his right of withdrawal (e.g. letter sent by post, fax or e-mail: by post to Chaussures Maniet SA, Thomas Edison Avenue, 111, 1402 Thines, by telephone on +32 10 489 150 or by e-mail to firstname.lastname@example.org.) The Buyer can use the sample withdrawal form but it is not mandatory. In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.4. The Buyer then has a further 14 days from the notification of the withdrawal to return the Item. The Buyer is not required to justify his decision. This return does not entail any penalty for the Buyer. The Order must be returned in its original packaging. The Items must be returned as new condition and complete (with their accessories). Shoes may only be tried on inside a building and on a clean surface. Items soiled by the Buyer or used will not be taken back. Nor will they be taken back if they are damaged or if they are not packed in their original packaging.
9.5. Orders may be returned in the following manner:
- Order delivered in Belgium: Items must be returned by B-POST but the shipping costs are borne and prepaid by CHAUSSURES MANIET (”bpack easy return” label).
- Order delivered outside Belgium: The Items must be returned by B-POST and the shipping costs are borne by the Buyer. Please note that international returns are subject to a charge according to the fixed amount indicated by B-POST and will not be reimbursed by CHAUSSURES MANIET under any circumstances.
- Order collected in the Store: Items must be returned to the Store where they were received by the Buyer.
In any event, the Buyer must provide proof of the return of the goods.
9.6. If the Items are correctly returned, CHAUSSURES MANIET undertakes to immediately reimburse the total price paid by the Buyer, including the delivery costs (with the exception of additional costs arising from the fact that the Buyer has chosen, where applicable, a delivery method other than the less expensive standard delivery method that we offer) without undue delay and, in any event, no later than fourteen days from the date on which we are informed of your decision to withdraw. We will make the refund using the same method of payment as you used for the original transaction, unless you expressly agree on a different method.
10. RETURNS AND COMPLIANCE
10.1. The Items sold are delivered in accordance with the description given on the Confirmation. The Buyer (consumer customer) benefits from the legal guarantee of conformity referred to in articles 1649 bis et seq. of the Civil Code for a period of two years and from the guarantee against hidden defects. CHAUSSURES MANIET reminds the Buyer that the purpose of the legal guarantee of conformity is to guarantee the consumer Buyer against any defect in conformity existing on the day of Receipt in relation to the description made on the Confirmation. If the lack of conformity is reported more than six months after Receipt, the Buyer must prove that the Item was affected by a defect at the time of the Receipt, failing which, his claim cannot be taken into consideration.
10.2. The Buyer must check the integrity of the Order and all the Items in it on Receipt of the parcel in presence of the person making the delivery in order to express any reservations, if applicable. If the Buyer has any doubts about the condition of the contents of the Order, he must refuse the goods on Receipt. Any refused Item must be returned to the transporter in its entirety and in its original packaging. In any event, any claim for breakage or damage to the Items shall only be admissible if it is sent to CHAUSSURES MANIET within 24 hours of Receipt at the following address: email@example.com, accompanying the request with photos of the Items and the packaging.
10.3. The Buyer is required to inform CHAUSSURES MANIET of the existence of any other lack of conformity as soon as possible and at the latest within two months from the day on which he noticed the defect or could reasonably have done so. If necessary, we would ask you to send us an e-mail to the customer service department at firstname.lastname@example.org together with photos of the Items and the packaging.
10.4. If it is established that the defect falls within the scope of the guarantee or that CHAUSSURES MANIET has failed to fulfil its obligations, CHAUSSURES MANIET shall, at its own expense, make a new delivery of the Items that are the subject of the claim. If the Items ordered by the customer are no longer available, CHAUSSURES MANIET shall inform the customer who shall have the option of :
10.4.1. Or to claim the refund of the non-conforming Items;
10.4.2. Or to obtain a refund in the form of a voucher to be used on a future Order.
10.5. In general, the seller's guarantee is excluded when the lack of conformity is the consequence of a lack of maintenance or of a fault committed by the Buyer or a person for whom he is responsible.
11. BECOMMERCE CODE OF CONDUCT
11.1. Chassures Maniet S.A. subscribes to the code of conduct of the BeCommerce quality label, the full description of which you can read here: Be Commerce code of conduct.
12. COMPLAINTS HANDELING PROCESS
12.1. CHAUSSURES MANIET ensures a careful follow-up of each complaint made by a Buyer.
12.2. Complaints concerning the performance of the agreement must be submitted to CHAUSSURES MANIET in accordance with the procedure set out in point 10.
12.3. CHAUSSURES MANIET undertakes to respond to the Buyer within 14 days from the date of receipt of the complaint. If a complaint requires a longer processing period, CHAUSSURES MANIET shall answer within the 14-day period by way of an acknowledgement of receipt indicating to the Buyer the period within which he will receive a more detailed answer.
12.4. The Buyer may also submit his complaint via the complaint form made available on the BeCommerce website www.BeCommerce.be. The complaint will then be sent to CHAUSSURES MANIET and to BeCommerce.
12.5. In the event the complaint cannot be resolved between the Buyer and CHAUSSURES MANIET, the Buyer may :
- Or call on the services of the consumer ombudsman. The Buyer has the possibility of submitting a request for mediation via the Belmed platform of the Federal Public Service Economy;
- Or use the independent services of the Trade Ombudsman: www.ombudsmanducommerce.be
- Or lodge a complaint online with the European Commission in accordance with the Online Consumer Dispute Resolution (OCDR) Regulation: https://ec.europa.eu/odr/.
13. APPLICABLE LAW AND COMPETENT COURT
13.1. The agreements to which these general terms and conditions apply are governed exclusively by Belgian law.
13.2. The courts of the Brabant-Wallon district (Belgium) shall have the exclusive jurisdiction in the event of a dispute relating to their interpretation or execution, except for the right of CHAUSSURES MANIET to bring the action as plaintiff before any other court with jurisdiction dur to the Buyer's residence.
14. PRIVACY PROTECTION
SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
- For the attention of
SA CHAUSSURES MANIET
Boulevard de l'Europe 147
ECB NO. 0427.140.983.
Telephone: + 32/10.489.100 - + 32/10.489.150
- I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*)
- Ordered on (*)/received on (*)............................................................................................................................
- Name of the consumer(s) .....................................................................................................................
- Address of the consumer(s) ...............................................................................................................
- Date ...............................................................................................................
- Signature of the consumer(s)
(only if this form is notified on paper)
(*) Delete as appropriate.