EVENING DRESSES – Glamdress

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Article 1: General Provisions The e-commerce website of HARIKA BV, a Private Limited Company with registered office at 1930 Zaventem, Watertorenlaan 98, VAT BE1006.949.278, RPR BRUSSELS, (hereinafter referred as “GLAMDRESS”) offers its customers the opportunity to purchase products from its online store. These General Terms and Conditions ("Terms") apply to every order placed by a visitor to this e-commerce website (hereinafter referred to as “Customer”). By placing an order through the GLAMDRESS online store, the Customer expressly accepts these Terms, agreeing to their applicability to the exclusion of all other terms. Additional terms from the Customer are excluded, unless previously, explicitly, and in writing accepted by GLAMDRESS. Article 2: Price All prices are expressed in EURO, always including VAT and all other taxes or duties to be borne by the Customer. If delivery, reservation, or administrative costs are charged, this will be stated separately. For deliveries to countries outside the European Union, additional costs may arise in specific cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for transferring money through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in connection with transferring money if the delivery does not take place in a country outside the European Union, but the Customer makes the payment from a country outside the European Union. The quoted price applies only to the items as described. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price. Article 3: Offer Despite the fact that the online catalog and e-commerce website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer are not binding for GLAMDRESS. GLAMDRESS is only bound to a best-efforts obligation concerning the accuracy and completeness of the information provided. GLAMDRESS is not liable in any way for obvious material errors, typographical or printing errors. If the Customer has specific questions about, for example, sizes, colors, availability, delivery times, or delivery methods, we request the Customer to contact our Customer Service in advance at contact@glamdress.be. The offer is always valid while stocks last and can be modified or withdrawn at any time by GLAMDRESS. GLAMDRESS cannot be held liable for the unavailability of a product. If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer. Article 4: Online Purchases 4.1 The Customer can make an offer via the online order form integrated into the Seller's online store. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button to finalize the order process. The Seller can accept the Customer's offer within three days - by sending the Customer a written order confirmation or an order confirmation in text form (email), in which case the receipt of the order confirmation by the Customer is decisive, - or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, - or by requesting payment from the Customer after the Customer has placed the order. If several of the above alternatives exist, the contract is concluded at the moment when one of the above alternatives occurs first. The acceptance period of the offer begins on the day after the Customer sends the offer and ends at the expiry of the third day after the offer is sent. If the Seller does not accept the Customer's offer within the mentioned period, this is considered a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent. 4.2 The payment options are communicated to the Customer in the Seller's online store. The Customer has the choice between the following payment methods: - Visa, MasterCard, American Express, and UnionPay - Debit card - Maestro - Bancontact - Apple Pay - Google Pay - PayPal GLAMDRESS reserves the right to refuse an order due to a serious deficiency by the Customer related to orders in which the Customer is involved. Article 5: Delivery and Execution of the Agreement 5.1 If the Seller offers to ship the goods, delivery will take place within the delivery area indicated by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing determines the processing of the transaction. 5.2 If the delivery of the goods fails due to reasons for which the customer is responsible, the customer will bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of return shipping if the customer exercises their right of withdrawal. In the event that the customer exercises their right of withdrawal, the provisions in the seller's withdrawal instructions regarding the costs of returning the goods will apply. Items ordered through this webshop are delivered to countries within the European Union. Items delivered or ordered outside the EU may be subject to customs duties. These are the responsibility of the buyer and are not included in the sales and shipping costs. Any visible damage and/or qualitative deficiency of an item or other deficiencies in the delivery must be promptly reported by the Customer to GLAMDRESS. The risk of loss or damage passes to the Customer from the moment they (or a designated third party, other than the carrier) physically possess the goods. However, the risk transfers to the Customer upon delivery to the carrier, if the carrier was instructed by the Customer to transport the goods and this choice was not offered by GLAMDRESS. Article 6: Retention of Title The delivered items remain the exclusive property of GLAMDRESS until full payment is received from the Customer. The Customer agrees to inform third parties of GLAMDRESS's retention of title if necessary, for example, to anyone who might attempt to seize the items that have not yet been fully paid for. Article 7: Right of Withdrawal The provisions of this article apply only to Customers who, in their capacity as consumers, purchase items online from GLAMDRESS The Customer has the right to withdraw from the contract within a period of 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from the day: · for sales contracts where "the Customer or a third party designated by the Customer, other than the carrier, acquires physical possession of the goods."; · for contracts where the Customer has ordered multiple goods in one order that are delivered separately: "where the Customer or a third party designated by the Customer, other than the carrier, acquires physical possession of the last good."; · for contracts regarding the delivery of a good consisting of multiple shipments or pieces: "where the Customer or a third party designated by the Customer, other than the carrier, acquires physical possession of the last shipment or the last piece.". To exercise the right of withdrawal, the Customer must notify GLAMDRESS (HARIKA BV, Watertorenlaan 98, 1930 Zaventem) of their decision by means of an unambiguous statement (in writing, by mail, by email, or via the return form). The return form may be used, but is not mandatory. "The Customer may also electronically fill in and submit the model withdrawal form or any other clear statement on our website. If the Customer uses this option, we will promptly send the Customer an acknowledgment of receipt of such withdrawal on a durable medium (e.g., by email)." To meet the withdrawal deadline, it is sufficient for the Customer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period expires. The Customer must return or hand over the goods to HARIKA BV, located at Watertorenlaan 98, 1930 Zaventem, without delay and in any case within 14 calendar days of the day on which he informed GLAMDRESS of his decision to withdraw. In order to meet the deadline, the return shipment is expected to take place before the expiry of this 14-day period. The direct costs of returning the goods are borne by the Customer. The Customer is requested to return the items in their original condition and packaging, with all supplied accessories and user manuals. If the returned product has diminished in value in any way, GLAMDRESS reserves the right to hold the Customer liable and seek compensation for any depreciation of the goods resulting from the Customer's use beyond what is necessary to establish the nature, characteristics, and functioning of the goods. All returned items will be carefully inspected. Items may be tried on but not used. If a dress shows signs of wear, stains, or other unacceptable defects, the return will be refused and the item will be sent back to the Customer at their expense. GLAMDRESS reserves the right to reject a return or claim compensation for depreciation in value. If it is noted that a dress shows signs of use, stains, or any other unacceptable condition, the return will not be accepted and the dress will be sent back to the customer. In such cases, the return costs will be borne by the buyer. GLAMDRESS reserves the right to refuse the return or to claim compensation for depreciation damages. Customers who repeatedly abuse the return policy such as excessive returns or returning worn items may be excluded from future purchases without prior notice. If a product arrives damaged or defective, this must be reported within three calendar days, preferably with clear photos. Failure to do so will result in the loss of the right to return or refund. If the Customer cancels the contract, GLAMDRESS will refund all payments received from the Customer up to that moment, excluding delivery and return costs, within a maximum of 14 calendar days after GLAMDRESS is informed of the Customer's decision to cancel the contract. Refunds will be issued in the form of vouchers or exchange of goods. In sales contracts, GLAMDRESS may delay the refund until all goods have been returned. For sales contracts, GLAMDRESS may withhold the refund until the goods have been received back. Any additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery offered by GLAMDRESS will not be refunded. The Customer cannot exercise the right of withdrawal for: the supply or provision of goods or services whose price is dependent on fluctuations in the financial market which cannot be controlled by GLAMDRESS, and which may occur within the withdrawal period; the supply of goods made to the Customer's specifications or clearly personalized, specifically custom-made goods; agreements concluded at a public auction; goods that were clearly discounted at the time of purchase; goods that have been worn, washed, or had their labels removed; goods tried on and purchased in showroom. Article 8: Use of Vouchers Vouchers provided by the Seller as part of promotions or returns (hereinafter "Vouchers") can only be redeemed in the Seller's online store and only during the specified period. They have a validity period of one year. Additionally, these cannot be purchased by the Customer. Individual items may be excluded from the discount offer, provided that such a restriction arises from the content of the voucher. Promotional vouchers can only be redeemed before the order process is completed. Redemption afterwards is not possible. Only one promotional voucher can be redeemed per order. The value of the goods must be at least equal to the amount of the voucher. Any remaining credit will not be refunded by the Seller. If the value of the voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference. Voucher credit is not redeemable for cash and does not accrue interest. The voucher credit will not be refunded if the customer returns goods paid for entirely or partially with the voucher under their statutory right of withdrawal. Article 9: Warranty Under article 1649quater of the old Civil Code, consumers have statutory rights. This legal guarantee is valid for two years from the date of delivery to the first owner. Any commercial warranty does not affect these rights. To invoke the warranty, the Customer must be able to provide a proof of purchase. Customers are advised to keep the original packaging of the goods. For items purchased online and delivered to the Customer's home, the Customer must contact Customer Service and return the item to GLAMDRESS. Upon detecting a defect, the Customer must inform GLAMDRESS as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 weeks from its discovery. After this period, any right to repair or replacement expires. The warranty does not cover normal wear and tear, defects resulting from incorrect washing or drying, accidents, negligence, falls, use of the item contrary to its intended purpose, failure to follow usage instructions or manuals, adjustments or modifications to the item, rough handling, poor maintenance, or any other abnormal or incorrect use. Article 10: Customer Service The customer service of GLAMDRESS can be reached via email at contact@glamdress.be or by post addressed to HARIKA BV, with registered office at 1930 Zaventem, Watertorenlaan 98. Any complaints must always be made in writing. Article 11: Sanctions for Non-payment Unless explicitly agreed otherwise in writing, invoices are payable in cash. In case of non-payment of the entire or part of the price, the provisions of Book XIX of the Economic Law Code apply, and the seller will send the customer a free reminder to settle the amount due within 14 calendar days. If the customer fails to pay within this period, the outstanding amount will be increased by annual interest calculated at the reference interest rate plus eight percentage points referred to in Article 5, paragraph 2, of the Law of 2 August 2002 on combating late payment in commercial transactions, calculated from the calendar day following the day on which the free reminder was sent to the customer, as well as a fixed compensation of: a) 20 euros if the outstanding balance is less than or equal to 150 euros; b) 30 euros plus 10% of the outstanding amount on the portion between 150,01 and 500 euros if the outstanding balance is between 150,01 and 500 euros; c) 65 euros plus 5% of the outstanding amount on the portion above 500 euros with a maximum of 2000 euros if the outstanding balance is higher than 500 euros. Without prejudice to the above, GLAMDRESS reserves the right to reclaim the unpaid or partially paid items. Specific conditions apply regarding the charging of interest and/or damages when the consumer customer pays late. Therefore, in certain cases, the above clause may need further adjustments. Article 12: Privacy The data controller, HARIKA BV, respects the General Data Protection Regulation and the Belgian Privacy Law of 30 July 2018. The personal data you provide will only be used for the following purposes: executing the concluded agreement, processing orders, sending newsletters, advertising, and/or marketing purposes. The legal grounds for processing are: the execution of the agreement, consent, compliance with legal and regulatory obligations, and the legitimate interests pursued by the company. You have a legal right to access and, if necessary, correct, supplement, or delete your personal data. In certain cases listed in the GDPR, you may also request the restriction of processing of your personal data. You may also object to the processing of your personal data if you have serious and legitimate reasons that outweigh our need to process your data. By submitting a written, dated, and signed request to HARIKA BV, with registered office at 1930 Zaventem, Watertorenlaan 98, contact@glamdress.be., you can request free access to your personal data in a digital and readable format and/or request their transfer to other controllers. Where our processing is based on your prior consent, you have the right to withdraw that consent. In cases where data is used for direct marketing: You can freely object to the use of your data for direct marketing purposes without having to provide a reason. To exercise your rights, you can contact HARIKA BV, with registered office at 1930 Zaventem, Watertorenlaan 98, and contact@glamdress.be. We treat your data as confidential information and will not disclose, rent, or sell it to third parties. Article 13: Use of Cookies Our Website uses cookies and similar technologies. This helps us provide you with a better user experience when you visit our Website and also allows us to optimize our Website. Without your prior consent, we only place strictly necessary functional cookies to ensure our Website functions properly. For all other cookies, we ask for your consent first. Upon your first visit to our website, you will be asked to accept our cookies. You can manage your choices at any time thereafter. You can set your internet browser to not accept cookies, to receive a warning when a cookie is installed, or to delete cookies from your hard drive afterwards. You can do this via your browser settings (using the help function). Please note that certain graphic elements may not appear correctly or that you may not be able to use certain applications if you choose to disable cookies. Article 14: Validity Impairment - Non-Waiver If any provision of these Terms is declared invalid, illegal, or void, it won’t affect the validity, legality, and enforceability of the remaining provisions in any way. Failure by GLAMDRESS at any time to enforce any of the rights listed in these Terms, or to exercise any such right, shall never be considered a waiver of such provision and shall not affect the validity of these rights. Article 15: Amendment of Terms These Terms may be supplemented by other conditions explicitly referred to, and the general terms and conditions of sale of GLAMDRESS. In case of conflict, these Terms will prevail. Article 16: Proof The Customer accepts that electronic communications and backups may serve as evidence. Article 17: Applicable Law - Disputes Belgian law applies, excluding its provisions on international private law regarding applicable law. The courts of the Consumer's domicile have jurisdiction in judicial disputes. The Consumer can also resort to the ODR platform (http://ec.europa.eu/consumers/odr/).