Terms & Condition
Article 1 –Object and scope of application
1.1. The present General Terms and Conditions of Sale (hereinafter the “General Conditions”) define the rights and obligations of the parties within the context of the sale of products (hereinafter the ” Products”) at the Internet website Olivier Strelli (available at www.strelli.be and www.strelli.com, hereinafter the ” Site”), on the Belgian, and Europe.
1.2. The General Conditions are concluded between the limited company under Belgian law S2J SPRL, registered at the Crossroads Bank (“Banque Carrefour des entreprises”) under the number 04807.681.089 (VAT BE 0807681089), whose head offices are located at 1050 Bruxelles, Avenue de la Couronne 556, in Belgium, hereinafter the “Seller”, and the person wishing to consult the Site and make a purchase, hereinafter the “Customer”. The Customer and the Seller are hereinafter jointly called the “Parties”. The Parties agree that their relations shall be exclusively governed by the General Conditions, to the exclusion of all conditions previously available at the Site.
1.3. Any Order of a Product proposed at the Site (hereinafter the “Order”), implies the prior consultation and express agreement to the present General Conditions by the Customer. However, this agreement is not conditioned by a handwritten signature from the Customer. Pursuant to the provisions of the 9 July 2001 Act fixing certain rules concerning the legal frame for electronic signatures and certification services, it is hereby reminded that the Order form validation, according to the provisions of Article 5 of the General Conditions, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and constitutes the proof of the entire Order and of the pay ability of the amounts due for this Order.
1.4. The General Conditions exclusively concern the Customers, who are non-merchant natural persons. The Customer wishing to buy a Product at the Site declares possessing full legal capacity. Any person, who is incompetent in the sense of Articles 1123 and followings of the Belgian Civil Code, may not, under any circumstances, buy at the site, or must do it through the intermediary and under the responsibility of his legal representative, identified in the way described in Article 2 of the present General Conditions. This legal representative must respect the present General Conditions.
Article 2 – Registration
2.1. The Products purchase at the Site is reserved to Customers having validly identify by giving his e-mail address.
2.2. The Seller reserves the right to exclude, at any time, a Customer, for instance in cases of non-payment of previous purchases, or in case of frequent, abnormal and/or abusive returns. The Customer shall be informed of his exclusion by an e-mail sent to the address indicated at the time of his registration. The seller reserves the right not only to exclude at any time a Customer who has multiple accounts on the Olivier Strelli website or who fails to provide complete and accurate information but also to cancel all orders placed from the multiple accounts. Any Customer who violates the provisions of this article shall repay Olivier Strelli the amounts wrongfully received.
Article 3 – Products description and availability
3.1. The Products proposed to sale are those figuring at the Site with a description of their essential characteristics, at the time and day of the Site consultation by the Customer, while supplies last. The Seller implements all reasonable means to display at the Site the Products availability in real time, but may not be held liable if a Product were to be unavailable to honour the Customer’s Order. In case of the unavailability of one of the ordered Products, the Customers shall be informed and shall have the choice to either modify his Order or cancel it. In this case, he shall be reimbursed of the amount of his Order if payment was already made.
3.2. The photos, legends and other descriptive elements illustrating the Products are not contractual. If those photos and/or legends present some inaccuracies, the Seller cannot be held liable. The Seller commits to make its best efforts to rectify as quickly as possible the inaccuracies or omissions after having been informed of their existence.
Article 4 – Purchase Price and Preparation and Delivery Costs
4.1. Product Purchase Price
Each Product Price is displayed at the Site (hereinafter the “Purchase Price”) in euros, VAT included. This Price is valid in Belgium, en Europa and does neither include Preparation and Delivery Costs, which are chargeable to the Customer, nor the deduction of any discount or purchase voucher personally awarded to the Customer. To allow Customers to compare the prices practiced at the Site and those practiced in retail stores, a comparison price may be displayed, hereinafter the “Retail Price”, as well as the difference calculated between the Retail Price and the Purchase Price. The Retail Price is a comparison price, in euros and VAT included, practiced at the moment or last season in traditional retail stores for the designated Product. It may be either the reference price recommended by the brand to the stores selling this article, or a price recorded in stores at the time of the sale of this article, or the recorded price on the original price tag attached by the brand on the article. This comparison does not take into account the Preparation and Delivery Costs, nor any discount or purchase voucher personally awarded to the Customer. The Seller reserves the right to modify its prices at any time, but Products shall be invoiced on the basis of the Purchase Price in force at the time of the order validation, depending on availability.
4.2. Preparation and Delivery costs
At the time of the Order, Customers commit to pay, further to the Products Purchase Price, the Preparation and Delivery Costs. Those Costs vary, depending on the type and quantity of ordered Products, and the delivery mode chosen, and must be understood as VAT included. The Seller reserves the right to modify the Costs at any time, but the Costs shall be invoiced on the basis of the Purchase Price in force at the time of the order validation, depending on availability.
Those Costs remain due and shall not be reimbursed if the Customer returns part of all of his Order pursuant to his Cancellation right, as detailed in Article 8 of the present General Conditions.
Article 5 – Order modalities
5.1. To order, the Customer must access the Site part reserved to Customers and fill in the order form available at the Site, where he shall indicate the details necessary to his identification, such as his surname, first name and delivery address. The Seller shall not be held liable for the communication of inaccurate details. After having filled in the order form, the Customer shall be invited to finalize the Order process, by clicking on “Order”, by which the Customer declares fully accepting and without reserves the whole present General Conditions, validates definitively his Order and commits to pay the whole due amount, i.e. the Purchase Price, plus the costs, minus any discount or voucher.
5.2. The Seller shall confirm each Order by sending an e-mail to the Customer within 24 hours of the Order on the Address indicated by the Customer when he registered (hereinafter “Order Confirmation”). This Order Confirmation shall mention among other things, the Order date, the Product ordered, its Purchase Price with the Costs, as well as the Delivery address and specifications.
The data recorded by the Seller, as well as the Order Confirmation, constitute the proof of the contractual relationship between the Parties.
5.3. The Seller reserves himself the right to refuse or cancel any Order or Delivery in case of (i) existing dispute with the Customer, (ii) partial or total non-payment of a previous Order or (iii) credit card payment authorization refused by the banking institutions. In this case, the Seller’s liability may not, under any circumstances, be engaged.
5.4. The Customer shall be able to use his Cancellation right, according to the conditions stipulated in Article 8 of the present General Conditions.
Article 6 – Modalities of payment
The purchases payment is made by credit card, such as Visa, Mastercard or by Paypal. At the time of the Order validation, the Customer chooses one of the proposed modes of payment. In case the Customer chooses for a credit card, he needs to indicate the name appearing on his credit card, the card number, its expiry date and the control number. Some issuing banking institutions may request an additional signature, such as a digipass. The payment validity is confirmed or not after verification with the issuing banking institution. If the payment is confirmed, the withdrawal takes place, after the invoicing of the Order, according to the methods agreed with the card issuing bank. The Seller shall not accept any credit card payment for an amount greater than five hundred (500) euro per order. Title to the Product(s) shall remain with the Seller until full payment of the Purchase Price and Costs indicated at the time of the Order.
Article 7 – Delivery
7.1. The Delivery is carried out by the Seller anywhere in Belgium, the Netherlands and Luxembourg. At the time of Delivery, a sale invoice is handed over to the Customer. At the time of the Order validation, the Customer has the choice between several delivery modes, either a delivery to a precise address (home, workplace or elsewhere only in Belium and Europe), or a delivery to a Kiala point (in all Benelux countries).
If the Customer chooses the delivery to a precise address, the Seller shall make its best efforts to send the Order to that address within the days following the Order validation. The delivery person shall go to this address between 8 AM and 6 PM during weekdays, and shall hand over the parcel(s) to the addressee or any other person present at the address. In case of absence, a notice shall be left in the mailbox of the designated address. It is up to the Customer to contact the delivery person to agree on a new delivery date. If the Customer does not organize a new delivery within 3 weeks from the Order’s validation, or if he is absent at the time of the new delivery, the Order shall automatically be returned to the Seller, who shall contact the Customer in order to organize the Order delivery. In this case, additional costs may be charged to the Customer.
It the Customer chooses a delivery to a Kiala point, the Seller shall make its best efforts to have the Order sent to the chosen point within the days following the Order validation. The Customer shall be informed by the communication medium indicated at the time of the Order validation (e-mail) of the availability of his parcel(s) at the Kiala point. The Customer has then 14 days to retrieve his parcel(s) at the Kiala point. The Customer must therefore present his identity card. After that delay, the Order shall automatically be returned to the Seller who shall contact the Customer in order to organize the Order delivery. In this case, additional costs may be charged to the Customer.
7.2. The risks shall pass to the Customer at the time of delivery. Each delivery is deemed to be carried out as soon as the Product is at the disposal of the Customer according to the mode of delivery chosen, i.e. the chosen delivery address or the Kiala point. The proof of this shall be materialized by the control system used by the delivery person or by Kiala.
7.3. The Customer must verify the parcel(s) when it/they arrive(s) and make every reserve and complaint which appears justified, or even refuse the parcel(s) if it/they might have been opened or if it/they present(s) obvious traces of deterioration. The abovementioned reserves and complaints must be directly addressed to the carrier by registered mail with acknowledgement of receipt, within three working days following the Product delivery. A copy must also be sent to the Seller.
Article 8 – Cancellation right and modalities of return
8.1. If one of the Products purchased does not suit the Customer, the latter has the right to cancel his order within fifteen (15) calendar days of the day following the delivery, without any penalty or explanation, in accordance with the European and National legal provisions which are applicable to the General Conditions. Within that delay, the Customer must notify the Seller of his intention to use his Cancellation right.
The Customer shall receive by e-mail, at the address indicated at the time of his registration, the return code, which he must indicate on the copy of the invoice signed and inserted in the returned parcel(s). From the moment the Customer expresses his intention to return part or all of his Order, he has ten (10) calendar days to return the Products to the Seller. The non-compliance with that delay shall cause the Customer to be deprived of this Cancellation right. In consequence, he shall have to pay his Order.
8.2. The Products must be returned to the address of the Seller mentioned below, unless otherwise specified to the Customer, by any means of transport left to the choice of the Customer, who must keep the dispatch proof : Olivier Strelli, 556 av de la Couronne, 1050 Bruxelles (Belgium). The costs and risks of the return dispatch are supported by the Customer.
8.3. If the Customer uses his Cancellation right, according to the abovementioned modes, the Seller commits to reimburse the Purchase Price to the Customer, if already paid, within thirty (30) days of the receipt by the Seller of the return package. However, preparation and delivery costs remain due even if the entire parcel is returned.
The reimbursement shall be made as follows :
If the Customer paid his Order by credit card, once the returned articles shall have been checked, an amount shall be credited on the credit card used by the Customer, corresponding to the returned articles Purchase Price, reduced by the amount of the purchase voucher(s) or discounts used to pay the Order. The reimbursement to the Customer shall be made according to the methods agreed upon with the card issuing bank. If the Customer paid by another mean of payment, the reimbursement shall be paid by bank overdraft, to the bank account provided by the Customer on the return form. In case no valid bank account number has been provided on the return form, the Seller shall be entitled to pay the amount to refund in the form of a purchase coupon valid on a future purchase on the Site.
8.4. The Customer shall not be entitled to this Cancellation right if the delivered Products have obviously been used for more than a few minutes, are damaged or if there are missing parts. The Products must imperatively be returned properly protected, in their original packaging, in a perfect state allowing their resale (not damaged nor dirty), with all accessories, user manuals and brochures, to the abovementioned address, with the original sale invoice, a copy of it being kept by the Customer. Otherwise, Products cannot be returned. Parcels without any element allowing the identification of the sender (return code, Order number, surname, first name, address) cannot be returned either. The articles sent but not accepted for return shall be kept by the Seller at the Customer’s disposal. The Customer must take them back and pay them. In case of abnormal or excessive returns, the Seller reserves the right to refuse any further Order.
Article 9 – Legal warranty
9.1. The Customer benefits from the legal warranty (articles 1649bis and further, Belgian Civil Code) for any compliance defect existing at the time of the Product delivery, if he was not or could not be expected to be aware of the defect at the time of the conclusion of the contract, and if it appears within two years from delivery. In this case, the Customer may request either the replacement of the Product at no cost, within a reasonable delay and depending on the availability of similar articles, or an adequate discount on the Purchase Price, or the termination of the contract, according to the conditions set up by law. The Customer shall, however, not be allowed to request the termination of the contract in the case of a minor compliance defect. If the case arises, the article tear and wear resulting from the article use by the Customer since the delivery shall be taken into account.
9.3. The warranty does not apply to :
– the normal wear and tear of certain articles;
– the defects and damages caused by the Customer’s fault.
For any request for or question about information, the Customer may contact the Seller via E-mail: firstname.lastname@example.org .
Article 10 – Privacy protection and personal data processing
10.1. The Seller collects personal data concerning the Customers communicated by them at the Site. The Seller commits not to disclose those data to third parties. Those data are confidential and shall only be used by its internal departments for the processing of Orders, or to enhance and personalize the communication, for instance by informative mail/e-mail, as well as within the context of the personalization of the Site according to the Customers’ recorded preferences.
10.2. As a result, the Seller do not sell, commercialize nor sent to third parties the Customers’ related information. In case of assignment or use by third parties of personal data, the Seller commits to inform the Customer in advance, in order to allow him to exercise his opposition right.
The Seller may also provide consolidated statistics, concerning its Customers, sales, exchanges structures and information at the Site, to trustworthy third parties. However, those statistics shall not contain any personal data. The present Article shall not, however, be construed as preventing the assignment or business transfer to third parties.
10.3. Pursuant to the European and National legal provisions which are applicable to the General Conditions (2), the Customer may exercise his right of access to the filing system and his right to rectify the personal data concerning him, by sending a letter to : Olivier Strelli, 556 av de la Couronne, 1050 Bruxelles, Belgium.
10.4. The Site uses “cookies”. Cookies are small text files transferred to the User’s hard-disk. They aim at tracking the Customer’s previous Site usage. Furthermore, cookies are used by the Seller to personalize the service offered to the Customer. The Customer has the possibility to configure his browser to reject cookies. By doing so, he chooses the opportunity to personalize the service offered by the Seller.
10.5. Certain web pages of the Site may contain electronic images or “web buoys”, allowing counting the number of the page visitors. Those web buoys may be used with some of the partners of the Seller, for instance to measure and improve the efficiency of certain actions. The information obtained through those buoys simply allows compiling statistics related to the frequenting of certain pages of the Site, in order to better serve Customers.
Article 11 – Liability
The Seller only undertakes an obligation of means at all stages of the Site access, from the Order processing, till the delivery or any further services.
The Seller may not be held liable for all inconveniences or damages linked to the use of Internet, such as a service rupture, an external intrusion or the presence of informatics viruses, or any other event constitutive of force majeure.
Under no circumstances, the Seller’s liability under the present General Conditions shall exceed the actual sums paid or to be paid at the time of the transaction concerning the Products with respect to which such claim is made, whatever the cause or the form of the claim.
Article 12 – Intellectual Property
All elements of the Site, being visual or sonorous, including the underlying technology, are protected by copyright, brand or patent law, and more generally by intellectual property, as well as by the law concerning databases. They are the exclusive property of the Seller. The Customer processing a personal Internet website and wishing to put, for his personal use, on his website a direct link to the Site, must compulsorily request the Seller’s authorization. This must not be understood as an implicit contract or registration. On the other hand, any hypertext link to the Site, and using the framing technique, the in-line or deep linking technique, is strictly forbidden. In any case, every link, even tacitly authorized, must be removed at the Seller’s simple request.
Article 13 – Contact and enquiries management
In case a Customer has a question related to his purchase, he can contact the Seller using the following email address : email@example.com . The Seller will contact the Customer with a maximum 30 days delay to provide an answer to the Customer’s enquiry.
Article 14 – Separable provisions
If one or more provisions of the General Conditions are held invalid or declared as such by application of a law or a regulation, or following a final decision form a competent court, this shall not affect the validity of the other provisions. The General Conditions and the Order summary transmitted to the Customer form a contractual ensemble and constitute the whole contractual relations between the Parties. If there is any contradiction between those documents, the General Conditions shall prevail.
Article 15 – Proof
The computerized databases stored in the computer systems of the Seller and its partners under reasonable security conditions, shall be considered as proofs of the communications, orders and payments between the Parties.
Article 16 – Modification
The Seller reserves the right to modify the General Conditions and shall communicate the new version to the Customers through the Site.
Article 17 – Governing Law and jurisdiction
The General Conditions are governed by Belgian law. In the event of a dispute, the Parties shall try to find an amicable solution before initiating any proceedings. Failing an amicable settlement, the dispute shall be subject to the exclusive jurisdiction of the Brussels judicial district Courts (Belgium).