BENSON SHOES – SAGIDIS sprl
General Conditions of Sale
Version : 20140311V01
The General Conditions of Sale (GCS) govern the relationships between
- on the one hand, the company SAGIDIS sprl, entered in the Register of Legal Entities of Brussels under number BE 0869.703.780, with registered office in 97 rue de Namur in 1000 Brussels, hereinafter called “the Company”
- and on the other hand, its customers, natural persons or legal entities, whether or not acting within the framework of their professional activity (hereinafter called “the Customer”), wishing to go shopping on the Internet site administered by the Company (hereinafter called “the Site”), such as identified in article 1 of the GCS.
The Customer and the Company are hereinafter called together “the Parties”.
These GCS apply to the use of the Site, govern the terms and conditions of use of the transactional capacities of the Site and govern the sales conditions of the various products defined in the Site sales catalogue such as identified in article 1 of the GCS.
Through the mere validation of its order on the Site, the Customer recognises to have taken cognisance of and to accept these GCS without any reserve and waives to put its own forward. No departure from these GCS is accepted without prior confirmation in writing by the Company. The Customer recognises furthermore to be entitled to enter into this agreement.
The Company may however decide to condition the validity of the GCS on other conditions in case, for instance, of considerable orders, payments in advance, orders placed by minor people or non-payment of earlier orders.
1 - Identification
This article provides identification information on the Site and on the Company.
BENSON SHOES is a brand name used to identify the sign of the chain of stores distributing shoes, maintenance products, accessories and clothes and operated by the Company.
1.1 Identification of the Site
The Site to which these GCS apply has been published for the account of the Company and is directly accessible under the URL: http://www.benson-shoes.be. The Company redirects also to that uniform resource locator, the URL’s configured for other domain names it possesses (hereinafter called together the “redirected addresses”)….
The Redirected Addresses are reputed to be alternative means of access to the Site and are henceforth submitted to these GCS. By using one or more Redirected Addresses, the Customer recognises explicitly to want to visit the Site and to accept its GCS.
1.2 Identification of the Company and contact data
The Company can be contacted at the following mailing address, that is also its registered office:
97 rue de Namur, 1000 Brussels, Belgium
The customer service of the Site can be contacted :
by telephone at number + 32 2 502 69 59
by e-mail at the address [email protected]
The address of the centre of supply execution of the Site to which the products being subject to a withdrawal by the Customer can be returned, is as follows:
SAGIDIS sprl – BENSON SHOES
97 rue de Namur, 1000 Brussels, Belgium
2 - Object of the Site, ordering and conclusion of the contract
2.1 Object of the Site
The object of the Site is to present the chain of stores under the sign BENSON SHOES as well as the products it is commercialising and that are proposed on the Site.
The Site is published in several languages.
The GCS are available in all the languages of the Site, but the version that will be reputed to underlie the Parties’ agreement will be that corresponding to the language chosen by the Customer to visit the Site and to put in its order.
The mere fact to punt in an order on a linguistic version of the Site means that the Customer recognises to master and accept the corresponding version of the GCS as reference in all its relationships with the Company within the framework of the Site operation.
The Customer can only put its order in on the Site. The submitted, paid and confirmed order will be called hereinafter the “Order(s)”, if reference is made to several parts of the orders.
The Order put in by
a natural person will be reputed to have been put in by the natural person in question;
a legal entity will be reputed to have been placed by an authorised representative of the legal entity in question.
- The Customer accepts that the Order is a retail trade operation of the type “B2C” and not a wholesale trade operation of the type “B2B”.
- The Customer will have to go through the following steps in order to put in the Order:
- The Customer views the products the Company offers for sale on the Site and by doing so it accepts that the Company does all that it possibly can to provide photographs and specifications corresponding as much as possible with reality and recognises that the photographs published on the Site have no contractual value;
- The Customer selects on the site the product(s) it wishes to buy, specifies, if necessary, the size and colour characteristics as well as quantity of the concerned product(s) and confirms its selection by using the button meant for putting products in the cart;
- The Customer views its cart and validates it by clicking on the cart validation button. It is then led to the pages of connection to or creation of its account, with choice of a shipping means of the goods and definition of the billing and delivery addresses ;
- The Customer confirms its acceptance of the GCS and submits its payment information by selecting the means of payment it wishes to use;
Upon confirmation of the successful processing of the payment to the Customer, the Order is reputed to exist within the framework and limits defined by these GCS.
The Order can only be placed by the Customer insofar as it mentions a delivery address in one of the countries covered by the Site such as indicated and updated from time to time on the Site.
The Company reserves the right to update the list of the covered countries without prior notification to the Site users. Should such a decision affect the orders in progress, the concerned Customers will be informed and their orders processed consistent with the provisions in force at the time the order was placed.
2.5 Conclusion of the contract
The contract defined by these GCS will be reputed to have been entered into between the Customer and the Company from the moment the payment of the Order will have been accepted by the financial intermediaries mentioned above, regardless of the fact that the Order may be submitted to fraud prevention controls.
The Site will confirm any Order by an e-mail mentioning all the information relating to the Order.
3 – Price, currency, billing and terms of payment
The prices of the products and services necessary to honour the Order are mentioned inclusive of VAT, exclusive of the connection and/or communication costs that remain at the Customer’s expenses.
The invoiced prices are those in force at the time the Order is placed.
All the prices are mentioned in euros and the euro is the only currency accepted for the payment of the products the Customer wants to buy.
The Customer will receive the invoice corresponding to its Order exclusively by e-mail.
Any complaint about the elements of the invoice should be brought to the knowledge of the Company by registered letter directed to it within eight days as a maximum following the receipt of the invoice.
3.4 Terms of payment
Any Order is payable cash, before shipment of the goods and exclusively via one of the means of payment proposed on the Site.
If the Customer and the Company would agree to pay an Order through another means of payment, the order would only be processed at the date of receipt of said payment and the deadlines start consequently running as from such date.
4 – Order management
4.1 Unavailability of a product
In case of total or partial unforeseen unavailability of a product for any reason whatsoever, the Company may rectify the Order by adjusting the ordered quantity and repaying the Customer.
4.2 Fraud Management
The Company reserves the right to check all or part of the Orders so as to guarantee that they meet its criteria of risk management and fraud control.
Depending on the result of its checks, the Company reserves the possibility to cancel one or more Orders without having to provide any justification to the Customer. In such case the Company will also cancel any payment from the Customer.
The Company takes the products corresponding to the Order and prepares the package (the “Package”) that has to be shipped to the Customer to honour its Order.
4.4 Transportation and delivery
- The Package is shipped to the Customer via the means of transportation (the “Carrier”) it has selected upon placing its Order.
- The Packages can be delivered to the Customers only in the countries indicated on the Site. It will not be possible to order for any other countries.
- The maximum delivery date of the products is 30 days for Belgium, as from the receipt of the order, provided the invoice has been paid.
- The products will be dispatched via the means of transportation chosen by the Customer on the Site.
- The indicated delivery dates are average deadlines and correspond to the processing and delivery deadlines for products meant for Belgium.
- Hence in case of delay, neither the responsibility of the Company nor that of the Site can be called upon, whatever the reason thereof might be. As a matter of consequence, the Customer cannot put forward any request of indemnification of any nature vis-à-vis the Company. Likewise the Company reserves the possibility to split up the deliveries in case of temporary unavailability of a product.
4.5 Delivery at a pick point
The Customer accepts explicitly that its Package will be available at a pick point (for instance, BPost Point) so that it can go and pick up its Package during a period of 15 days following the receipt of the confirmation of the shipment of the Package (hereinafter called “Availability Period”).
If the Customer does not come and take delivery of its Package during the Availability Period, the Package will be returned to the centre of supply execution and the Customer will be reimbursed. The Customer accepts explicitly that the Order in question be cancelled in such case and the Company does not have any responsibility as to the future availability of the products of the cancelled Order.
4.6 Administrative costs
In case of refusal of the picking at a pick point or when the Customer would not have reacted to the Carrier’s advice notes, the Company reserves the possibility to invoice twenty euros (€ 20.- ) as administrative costs for the Package processing.
5 - Verification of the delivered products
Any complaint about patent defects, non-compliance of the delivered products or documentation associated to the Order (for instance, the invoice issued by the Site) should be notified formally by the Customer, at the latest 15 working days following the receipt of the Package, by sending:
a registered letter to the Company at the mailing data mentioned in article 1 of the GCS, OR
an e-mail to the address indicated in article 1 of the GCS.
For want of complaint lodged within the aforementioned deadline, the delivered products are reputed complying and accepted as such by the Customer, without prejudice to its right of withdrawal granted by the law.
5.2 Defective or non-compliant products
If the product received by the Customer does not correspond to the ordered product or if it is damaged, the Customer has to return it to the Site within 15 days following delivery.
The Site will reimburse the defective product upon receipt and control of the product in question. If the Customer had to bear transportation costs upon shipment of its Package after placing the order, said transportation costs will be repaid to it at the rate in force at the time of the Order; the costs incurred by the Customer to return the defective Product will be reimbursed at the rate in force for normal parcel post of a package with the same dimensions and weight.
6 – Cancellation and Withdrawal
After placing the Order, the Customer may ask its cancellation provided it was not yet shipped. If it was already shipped, the Customer will have to exercise its right of withdrawal upon receipt of its Package.
Consistent with the Belgian law on the market practices and consumers’ protection of 6 April 2010 (the “Law”), the Customer has a right of withdrawal and can henceforth return all or part of the products of its Order during 14 days following the date it received its Package. The exceptions provided by the Law apply without modification or restriction, more particularly if the ordered product had to be personalised.
When the Customer has bought products within the framework of a bundled offer (“Bundle”), for the exercise of its right of withdrawal, it will have to return the whole Bundle to the Company and not only one of the products comprising it. Any partial return of Bundle will be refused.
6.4 Return Procedure
To return one or more products of an Order, the Customer will have to:
follow the return procedure indicated on the Site ;
fill in the return form available on the Site while indicating the reason of the return for each product;
pack up the product(s) to be returned while putting the filled in return form in the package (“Return Package”) ;
hand over the Return Package to a carrier of its election for transportation to the address indicated in clause 1.2 of the GCS.
The transportation costs of the products returned by the Customer are at the latter’s expenses. The Customer is responsible for the returned products up to their delivery at the centre of supply execution of the Site.
6.5 Quality Control
When the Customer returns one or more products, the Company reserves the right to refuse such return(s) if the quality controls carried out upon receipt of the returned products, have negative results, among others if the product has been utilised or damaged by the Customer, if the returned product does not appear in an Order from the Customer or if the Customer returns the goods outside of the deadlines prescribed by law.
7 – Intellectual Property
7.1 Contents of the Site
All texts, comments, illustrations, images and the whole of the contents reproduced on the Site are reserved as intellectual property.
Any utilisation other than for private use is constituent of counterfeiting and penalised as Intellectual Property, save prior authorisation in writing from the Company.
Any copy, deletion, modification, total or partial reproduction of the Site is strictly forbidden.
Comments and contents generated by net surfers
The net surfers using this Site can :
utter criticisms, comments or any other content ;
submit suggestions, ideas, questions or any other information as long as such content is not illegal, obscene, improper, threatening, slanderous, libellous, infringing on intellectual property rights or detrimental to third parties and does not consist in or contain computer viruses, political militancy, commercial solicitations, mass mail advertising, chains or any other form of “spam”.
The content published by the net surfers is of their sole responsibility and does not in any case bind the Company and the Site.
The net surfers wishing to contribute to and to publish content on the Site will not use a false e-mail address, assume the identity of a person or entity, nor lie on the origin of the content.
The Company and the people in-charge of the Site will make all necessary reasonable efforts to follow and moderate the content produced and published by the visitors of the Site. Will among others be removed any insulting, disrespectful or slanderous contents that might harm the products and contents proposed by the Site.
The Company and people in-charge of the Site reserve the right, at their entire discretion, to remove or modify any content, especially for technical (insufficient storage capacity, virus, clarity of the web page) or legal (remarks with a slanderous, deceitful, racist, obscene character or praising crimes against mankind) reasons. The aforementioned reasons are given as an example and should not be construed as an exhaustive list.
When a net surfer publishes content on the Site, he/she accepts explicitly to grant the Site, the Company as well as the affiliated companies, the gratuitous non-exclusive right for the legal duration of the copyrights to exploit, reproduce, modify, adapt, publish, translate, distribute, sublicense and display such content in the whole world and on any supports. The net surfer who is the author of a content it publishes on the Site gives the Site, the Company as well as the affiliated companies the right to use the name communicated by the visitor upon submittal of the content on one of the Site pages, whether foreseen to this end or not.
The net surfer does not assign any moral rights pursuant to these provisions.
The visitor of the Site declares and guarantees by the very fact of submitting content on one of the Site pages:
to be the owner of or have the necessary rights on the content he/she is transmitting or publishing;
that at the date of transmittal of the content : (i) the latter is true and genuine, (ii) the utilisation of the content does not infringe on one of the policies of the Site or of the Company, such as they can be published from time to time, especially but not exclusively as far as the protection of privacy and non-slanderous character of the content is concerned;
that it will not harm a third party (especially that the content will not be slanderous).
The net surfer accepts to hold the Site and the Company harmless in case of proceedings by a third party against the Site or Company, unless the responsibility of the Site or Company might be engaged for not having removed content with an illicit character that would have been identified to it.
8 - Limitation of responsibility
8.1 Best efforts obligation
While publishing the Site and making available to the visitors, transactional functionalities meant to allow to manage sales online, the Company has only a best efforts obligation.
The Company cannot be held responsible for a prejudice resulting from the utilisation of the Internet network, such as loss of data, intrusion, virus, break in service or other involuntary problems.
The Company will not undertake any responsibility for any consequential damage attributable to the technical operation of the Site, and especially operating loss, loss of profit, penalties, damages or costs.
The proposed products comply with the Belgian and European legislations in force. The Company cannot be held responsible in case of non-compliance of the legislation of the country of delivery of the products.
8.3 Stockoutage and force majeure
The Company cannot be held responsible for the non-performance of the contract entered into in case of stockoutage or unavailability of the product, of force majeure, of disturbance or total or partial strike, especially of the postal services and means of transportation and/or communication, flood, fire, etc.
9 – Confidentiality and personal data
The Company commits that all the information processed by the Site that would allow to identify the Customer as a result of the fact that the latter uses the Site in order:
- to buy or acquire a product ;
- to submit a question, comment or complaint ;
- to cancel a transaction and return the corresponding products ;
- to submit content under the conditions provided above ;
- to get information from its account and its profile on the Site
will be deemed as confidential and processed as such.
Notwithstanding the foregoing, the company may disclose global statistics and general demographic information relating to the activity of the Site.
The commitment of confidentiality is nil and void if the information are already public or if the Customer did not care about protecting them.
9.2 Protection of the personal data
The processing of the Customers’ personal data by the Site, the Company or affiliated companies, for the purpose of customer management is governed by the Belgian law of 8 December 1992 relating to the protection of privacy, as amended by the law of 26 February 2003.
From the moment of its inscription, the Customer has free and full access to its personal data in order to ask, if necessary, their rectification, modification or cancellation.
The Site and the Company give great importance to the respect of the Customer’s will for what regards the authorised uses of its personal data, especially as far as the commercial contacts by the Company or affiliated companies. An explicit mechanism called “opt-in” is systematically provided to allow the Customer to declare which commercial communications it is ready to accept, it being understood that are not concerned:
the information, promotional or commercial contents possibly present in the service communications necessary for the processing of the Customer’s requests and Orders ;
the dynamic visual displays possibly activated on the Site in order to personalise the experience thereof, including with respect to the nature of the offers pushed to the front on the Site;
the traffic and behavioural data exploited as a consequence of the utilisation of the Site for the purpose of activity management of the Site, whereby such data can be transmitted to suppliers or partners technical hubs with a view to technical optimisation or statistical processing.
9.3 Cancellation of inscription
The Customer has the possibility to cancel its inscription. No personal information concerning the Customer will then be kept by the Company, the Site or the affiliated companies. However the Company and the Site reserve the right to keep the transactional data anonymous especially for the purpose of accounting processing, statistics and management of the activity of the Site.
While visiting the Site, the Customer accepts explicitly the use of configuration files, technically called “Cookies”. The Company commits to comply with the provisions of the law of 13 June 2005 relating to the electronic communications, as amended by parliamentary bill 2143/010 of 21 June 2012 such as adopted by the Belgian Parliament.
10 – Miscellaneous
10.1 Evolution of the GCS
The Company reserves the right to modify these GCS at any time and without notification other than the fact to update them on the Site.
The Company will see to it to record the various versions of the GCS and to keep up to date a register of the changes with the corresponding dates and times. For the purpose of validation of such dates and times of change of version of the GCS, the technical information of the servers and infrastructures solicited for the publication of the various versions of the GCS can be utilised as evidence.
The version of the GCS reputed in force is that published on the Site at the time of the placing of the Order. Any transaction completed and paid will be submitted to the version of the GCS in force at the time of the final payment of the amounts due to the Site within the framework of the transaction in question.
The data recorded by the Site, Company or affiliated companies evidence all transactions between the Company and the Customer.
The data recorded by the payment systems utilised by the Site and by the Company evidence all the financial transactions.
10.2 Exhaustive character of the GCS
These GCS constitute the whole of the agreement linking the Customer and the Company within the framework of the utilisation of the Site.
10.3 Assignability of the Agreement
The Company reserves the possibility to assign, transfer, bring to a third party, in any form whatsoever, the rights and obligations of this agreement binding the parties.
The Customer cannot assign the contract binding it to a third party in any form whatsoever, without the prior agreement in writing from the Company.
The Customer cannot assign to a third party any provided information, the use of which should be strictly personal.
10.4 Inapplicability of clauses
If any provision of the GCS would be declared inapplicable or found inapplicable for any reason whatsoever, the other provisions of the GCS would remain in force.
The Company would then see to replace within a reasonable period, the inapplicable provision by a new version as close as possible to the spirit and meaning originally wanted in the formulation of the inapplicable provision. As long as the inapplicable provision is not replaced, it will be excluded from the GCS and the rest of the GCS will be applied as such.
10.5 Force majeure
The Company, the Site and any third party participating in or contributing to the smooth running of the Site and performance of services associated to it, cannot be held responsible in case of failure or delay in the performance of their obligations such as defined in these GCS, if they would result from causes beyond their control, including among others cases of force majeure, acts from civil or military authorities, floods, fires, earthquakes, strikes, riots, wars, acts of sabotage, failures of networks, errors of coding of electronic files, limits of software or incapacity to obtain telecommunication services or governmental measures, provided however that the concerned parties take all reasonable measures in order to lighten the effects resulting from said situations.
The GCS are governed by the Belgian law and the French-speaking courts of the judicial district of Brussels will have exclusive jurisdiction for their interpretation and the settlement of litigations that might result from their application.