General Terms and Conditions of Sale

Preamble: Contractor Details and Contact Methods

The selling company is: La Chaussures Lachapelle S.A., with its registered office at Place Verte 5 in 6000 Charleroi, registered with the Banque Carrefour des Entreprises (Crossroads Bank for Enterprises) under number 0401.535.854.

Any communication relating to the sales contract must be made either by post to the aforementioned address, or by electronic mail to the address SAV@chaussures-lachapelle.be.

The consumer-client can also contact the seller at the following number: [Number to be filled in].

1. Scope and Definitions

1.1. Scope

These General Terms and Conditions aim to define the contractual relationship between the seller, S.A. Chaussures Lachapelle, and the buyer, as well as the conditions applicable to contracts for the sale of products concluded online, via the seller's website, www.chaussures-lachapelle.be.

The General Terms and Conditions applicable to the contract are those submitted for the buyer's approval when placing the order.

The seller reserves the right to modify its terms and conditions of sale at any time. In this case, the new general terms and conditions are enforceable as soon as they are posted on the website indicated above, under the "General Terms and Conditions of Sale" tab.

1.2. Definitions

For the application of these General Terms and Conditions, the following are considered:

  • Product: any tangible good displayed on the seller's website (www. Chaussures-lachapelle.be) and sold to the buyer through this channel.

  • Seller: S.A. Chaussures Lachapelle (presented above);

  • Buyer: any client, whether consumer or professional;

  • Parties: the seller and the buyer, jointly referred to;

  • Consumer-Client: any natural person who acquires one or more products for purposes excluding any professional nature;

2. Ordering Process

2.1. Languages and Geographical Area

The ordering process (according to the technical instructions (2.2.)) is carried out in the French language. If a consumer-client orders a product while being a Dutch or German speaker, they are presumed to understand these General Terms and Conditions of Sale drafted in French.

The online sale of products presented on the seller's site is reserved for buyers residing in Belgium and France.

2.2. Technical Instructions

The main steps of the ordering process, clearly displayed on the seller's website, are as follows:

  • (1) Order our products: By clicking on the "Order our products" tab, the buyer selects the desired product(s) and places them in their basket;

  • (2) Login: By clicking on the "Login" tab, the buyer creates their account with an email address and a password of their choice.

  • (3) Address: By clicking on the "Address" tab, the buyer completes all their contact details (surname, first name, address, landline or mobile phone, email address)

  • (4) Delivery: By clicking on the "Delivery" tab, the seller indicates the pickup point for the order.

  • (5) Payment: By clicking on the "Payment" tab, the buyer can consult the summary of their order, its value in €, and choose the payment method (either by bank transfer or online, via PayPal, etc.)

2.3. Confirmation of Sale

After payment, the buyer receives an email at the email address provided on the order form. In this email, the seller acknowledges receipt of the order, which is therefore confirmed.

3. Contractual Terms

3.1. Conclusion of the Contract

The sale of the product(s) is concluded as soon as the buyer has confirmed their order (2.2(5)).

The consumer-client expressly acknowledges that the information provided by the seller regarding the characteristics of the ordered product via the website is sufficiently clear and understandable and that the prices are clearly identifiable and include all taxes.

3.2. Right of Withdrawal in the Case of Distance Selling

The consumer-client who orders product(s) online and receives delivery by transport has the right to notify the seller that they renounce the purchase without penalty and without stating any reason, within fourteen days, starting from the day they physically take possession of the product.

The consumer-client who decides to exercise their right of withdrawal must notify the seller within the fourteen-day period, by registered letter (postmark serving as proof) or by email to the address SAV@Chaussures-lachapelle.be.

The consumer-client will find the withdrawal form to be completed on the website.

The consumer-client will have to bear the costs of returning the product in case of withdrawal without reason.

The seller will reimburse the client the price of the product and, if applicable, the delivery costs no later than 14 days after receiving the withdrawal form and earliest after the product has been returned to them.

The consumer-client who orders online but takes delivery of the product(s) in-store does not benefit from this right of withdrawal. They are presumed to have been able to examine and have approved the product upon receipt in-store.

This right of withdrawal is excluded if the consumer-client:

  • has used the delivered product; Or

  • is no longer able to return the product in perfect condition; Or

  • has requested personalised manufacturing on the delivered product.

In such a case, the seller will retain the consumer-client's payment and will notify them accordingly.

4. Price

When validating their order (2.2.(5)), the buyer is notified by the seller that the validation of the order (2.2.(5)) entails an obligation to pay on their part.

The price of the purchased products and the delivery costs are clearly displayed, separately, when placing the order, and at the latest when validating and before confirming the order. The total of these items is also displayed and is understood as net and without discount, VAT included.

The seller reserves the right to modify its prices at any time. The prices applicable to the order are those displayed when the ordering process is initiated.

4.1. Payment Terms

a.- Online payment After confirming their order (2.2. (5)), the buyer has the choice to pay either by bank transfer, online payment, or upon collection of the order in-store.

In the latter case, the buyer sees the invitation to pay the price corresponding to the order by clicking on the "Pay" tab. In case of online payment, the payment of the price is made by bank card, Visa or Mastercard.

b.- Payment upon in-store delivery In the event that the consumer-client chooses to pay in-store upon delivery of the product, they must provide proof of the order and can go to the store within the indicated delivery time and make the payment only by bank card.

The final price of the ordered goods is the one agreed upon and accepted at the time of the online order.

5. Delivery

The seller undertakes to make the sold products available to the buyer on the date and at the address indicated by the seller on the order form.

The seller's delivery time is indicated to the buyer when placing the order and, in all cases, before confirmation of the order (2.2.(5)).

This delivery time will not exceed 30 working days from the payment by the consumer-client.

The seller is not responsible and cannot be held liable for any damages or interest, nor suffer an cancellation of the order, if this deadline is not met due to carrier deficiencies, provided the seller proves having handed over the object of the order to the carrier.

If the consumer-client chooses to take delivery of the merchandise in-store, they have a period of 3 calendar days from their online order to take possession of their merchandise. Failing to meet this deadline, the order is automatically cancelled, without any compensation being possible.

6. Termination and Complaint

Excluding the case of withdrawal referred to in article 3.2, the consumer-client may request the termination of the sale and obtain a refund of the price in the event that the delivered product is affected by a lack of conformity, i.e., either it does not correspond to the specific use for which it is intended, or it does not correspond to or possess the qualities of the goods that the seller presented in the form of photographs, samples, or models to the consumer-client.

This right of termination is expressly excluded for the consumer if they have worn or used the delivered product or requested a personalised manufacturing.

Without prejudice to Articles 8 and 9, any complaint relating to the conformity of the product and/or any request for termination of the sale must be reported to the seller by registered letter, addressed to the seller's registered office, Place Verte 5 – 6000 Charleroi, within 8 days from the day after the buyer takes possession, or by email to the address SAV@chaussureslachapelle.be.

If the buyer fails to respond within the allotted time, the proper execution and conformity of the service(s) and/or accessory service(s) are considered to be established. No complaint can be invoked against the seller beyond this term.

8. Limitation of Liability

The seller shall not be liable for damages caused by the use of the sold products, whether the damage is caused to the buyer or to third parties, even during the period allowing a claim to be made.

Consequently, the seller shall not be liable for any damages for personal injury, damage to products distinct from the sold products, loss of profit, or any other prejudice arising directly or indirectly from any defect potentially affecting these products.

In the event that the seller's liability is nonetheless engaged, they shall only be liable for compensation that cannot be greater than or equal to the selling price of the product(s).

9. Legal Guarantee

The seller guarantees the products it sells in accordance with Articles 1649 bis to 1649 octies of the Civil Code, inserted by the law of September 1, 2004, relating to the protection of consumers in the sale of consumer goods.

10. Liability and Force Majeure

Any non-performance on the part of the seller or the buyer resulting from a case of force majeure (unforeseeable circumstances) cannot validly engage their liability.

Force majeure must, within the framework of these general conditions, be understood as: "all unpredictable and insurmountable circumstances, independent of the will of the parties, for which they are not responsible, and which could not reasonably be expected of them to take into consideration at the time of the conclusion of the contract or to prevent or overcome them, even when these circumstances do not make the execution of the contract completely impossible, but only substantially more difficult and more onerous."

The party victim of the occurrence of a circumstance defined as a case of force majeure must inform the other party as quickly as possible, and in all cases within eight days of the occurrence of this circumstance, by registered letter.

In case of force majeure, the seller reserves the right to extend the delivery time of the product, if agreed, by a period equal to the duration of the force majeure event.

If these facts may compromise the execution of the order according to the planned terms, the seller reserves the right to terminate the contract, by reimbursing the buyer the price paid, without any liability on their part.

11. Processing of Personal Data

The seller confirms full compliance with the GDPR (General Data Protection Regulation) and the confidentiality of personal data of which they may become aware via their sales site.

The data controller for the buyer's personal data is the seller, S.A. Chaussures Lachapelle.

S.A. Chaussures Lachapelle can be reached every day at SAV@chaussures-Lachapelle.be.

12. Intellectual Property

All elements of the seller's site are and remain the exclusive intellectual property of the latter.

No one is authorised to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site, whether they are software, visual, or audio.

13. Proof

The parties accept, within the framework of their relations, electronic means of proof (by way of example: email, computer backups, etc.).

14. Applicable Law and Competent Jurisdiction

Disputes relating to the interpretation and execution of these general conditions of sale are subject to Belgian law.

Only the courts of the judicial district of Hainaut, Charleroi division, have jurisdiction.

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