General Terms and Conditions of Use
This Website trades under the name 'PrimaDonna' and is managed by the limited company Van de Velde (hereafter 'us'/ 'our'/ 'we'/ 'the Seller'), with registered address at Lageweg 4, 9260 Schellebelle, Belgium. We are registered at the Crossroads Bank for Enterprises under company number 0448.746.744 and with VAT number 448.746.744.
You can contact us via email at firstname.lastname@example.org or by telephone on +32 (0)9 365 21 00.
These are the general terms and conditions (together with any document to which this text refers) (hereafter the 'General Terms and Conditions') which are applicable to the use of this Website, to the agreement which is entered into by you and us and to the delivery of the products ('Products'). Before you click on the 'Buy now' button to place your order, we ask you to carefully read these General Terms and Conditions, to ensure that you fully understand them and agree with them. By using this Website or by placing an order through it, you agree to be bound by these General Terms and Conditions, including our Privacy Statement.
The General Terms and Conditions can be amended at any time; this is why you must carefully read them each time before placing an order.
This Website is only applicable for the sales to persons residing in Belgium. We do not accept orders of persons outside Belgium or deliveries to addresses outside Belgium.
By placing an order through this Website, you guarantee that you:
- Are legally competent to enter into a binding contract and are at least eighteen years old;
- Reside in Belgium;
- Are giving a valid Belgian address for the delivery of the Products.
1. USE OF OUR WEBSITE
These General Terms and Conditions and any document to which they refer are meant to create a legally binding agreement between you and us while protecting your rights as a valued customer and our rights as a company. They therefore form the entire agreement between you and us and replace any previous agreement.
If, during the duration of this agreement, we do not manage to demand the full compliance with your obligations pursuant to the agreement or to these General Terms and Conditions, or if we are unable to exercise the rights or legal remedies to which we are entitled on the basis of the agreement, this does not constitute a waiver of such rights or remedies and you are not relieved of your obligation to comply. Waiving of rights by us is not valid, unless it is explicitly stated that there is such a waiver and that this has been notified to you in writing. Waiving by us of the demands of compliance with one of these General Terms and Conditions does not imply a waiver regarding a later non-compliance.
2. ESTABLISHMENT OF THE CONTRACT
If you place an order through our Website by clicking the 'Buy now' button, this order constitutes a binding offer by you to use to buy one or more Products from us.
Thereafter you will receive a confirmation email from us to confirm that we have received your order, including an order number (the 'Confirmation of Receipt'). This does not mean that your order has been accepted as the information on our Website is not an offer to sell but only an invitation to enter into negotiations. All orders are subject to acceptance by us and we confirm such an acceptation to you by sending you an email in which we confirm that the Product has been shipped (the 'Confirmation of Shipment'). If we do not accept your offer, we inform you of this via email. If money has been withdrawn from your account, this sum will be fully returned, or if money has been blocked on your credit card, this sum is unblocked. Both of this as soon as possible but in any case within 14 days after the Confirmation of Receipt.
The contract for the purchase of a Product between you and us (the 'Contract') is only created from the moment we accept your order by sending you the Confirmation of Shipment and the Contract only relates to the Products of which we have confirmed the shipping in the Confirmation of Shipment. The language of the Contract is Dutch.
We are not bound to the delivery of any other products which could be part of your order until the shipment of such products is confirmed in a separate Confirmation of shipment.
3. PRICES AND SHIPPING COSTS
Except when there is a manifest error, the price of the Products is the price which is mentioned on our Website at the moment you click on the button 'In Basket'. The prices on our Website include VAT, but excluding shipping costs. The shipping costs are added to the total amount owed as explained in 'Shipping & Delivery'. The shipping costs are stated again in the Basket and in the Confirmation of Receipt.
Although we do everything within our power to ensure that all prices of our Products and all shipping costs on our Website are correct, mistakes can always be made. If we discover a mistake in the price of one or more Products which you ordered, we will inform you as soon as possible and you have the right to cancel your order free of charge. If you have already paid for the Product(s), you will receive full repayment of this amount as soon as possible, in any case within 14 days after the cancellation of the order.
As means of payment for all Products is allowed:
- Credit cards (Visa, MasterCard, American Express)
- Maestro (debit card)
We reserve the right not to continue with the shipping and to cancel your order if you have not fully paid any previous order(s).
This website accepts the following credit cards: Visa, MasterCard, American Express.
You choose your payment method during the checkout, on the page 'Order Information'.
Once you have entered all information on this page, you click on 'to order overview': on this page you can verify all information regarding your order, and subsequently confirm with a click on the button 'Pay now'.
If you selected a credit card as payment method, you will be directed to a secure webpage on which you enter your credit card details: name stated on the credit card, the number of your credit card, the validity date and the verification number. Subsequently you click on 'Confirm'. Within a few seconds your credit card information is verified and the payment authorised.
If you pay by credit card, the amount will be automatically debited from your card when you receive the Order Confirmation. The amount will be charged when you receive the Dispatch Confirmation. Should you return some articles or the entire order, we transfer the credit this creates to your credit card account within 15 business days.
For questions about the repayment of payments already made by you, do not hesitate to contact us, we will be happy to help. Navigate to PrimaDonna Customer service.
For more security when paying with a credit card in our online shop, we use the 3D Secure procedures 'Verified by VISA', 'MasterCard SecureCode' and 'American Express SafeKey'. You can register for this directly during the shopping online or simply on the website of your credit card provider. You then enter your date of birth, the number and validity date of your credit card in the fields provided and you create your own security code. During this, you are taken step-by-step through the registration process.
After registration, you will receive the request to legitimise yourself as lawful cardholder by entering your security code for every purchase with your credit card in the PrimaDonna webshop.
After you have filled in the payment form, a request is sent to your credit card provider. Next, a secure transfer window is opened to guarantee an exclusive data exchange between your bank and yourself. The order is finalised as soon as the confirmation page with the order number appears. Do not close the browser window until your order is fully finalised.
The payment process can only be finalised if the correct security code is entered. If an incorrect security code is entered, the payment is not accepted.
You can also set a personal greeting which will then appear in the registration window of 3D Secure. If the personal greeting which is shown is incorrect, do not enter your security code and immediately contact your credit card provider.
Some MasterCard providers make registration for 3D Secure mandatory from the fourth online order. In order to continue shopping online with your MasterCard without problems, simply register during the ordering procedure.
From now on it is no longer necessary to have a credit card and you can simply use Maestro, present on almost all Belgian bankcards, to shop online. Thanks to Maestro, online shopping is quicker, easier and safer than ever.
With Maestro, you can pay online in the same and equally safe way as in a store. In order to make online purchases, you need a Digipass or a personal card reader that generates a unique transaction code. The process is very easy.
- When you are on the transaction page of the e-shop, please select the option "pay with Maestro".
- Enter your card number (17 digits).
- Enter the numbers mentioned on the payment page (indicated as "challenge") on your Digipass or personal cardreader, in order to generate your unique transaction code ("response"). Insert this unique code in the correct field on the website.
- Click on "OK" and your payment will be processed.
Everyone who has a bank account or a credit card, can pay with PayPal without any problems. Hereby you have the possibility to transfer money via a bank transfer to your PayPal account, but you can also easily pay with a direct debit or a credit card. You only have to register in the PayPal website.
As soon as you click the 'Pay now' button on the checkout page, and have chosen PayPal as your payment method, your PayPal page will automatically appear.
There you enter the payment instruction. Next, you receive a confirmation email from both PayPal and from the PrimaDonna online shop. The actual debiting of you card will take place at the moment you receive the Confirmation of Receipt.
In order to be able to guarantee a safe and easy shopping experience, PrimaDonna uses the industry standard Secure Socket Layer (SSL) technology. SSL encrypts and protects the sensitive data which you send us via the internet, such as your name, address and credit card details. This encryption ensures that nobody can read the information which is sent between your pc and our website. SSL technology not only encrypts information, SSL also ensure that your internet browser sends all data to the correct and secured computer server and also verifies if the data was amended during the sending. A page protected by SSL can be recognised from the small padlock logo at the bottom of the page. This means that all information which you enter is secured.
Furthermore, PrimaDonna also uses the Vanguard payment solution, which ensures that all your credit card information is immediately sent from your browser to the servers of the bank, which are fully PCI compatible. And every payment is given a token. If you are a member of the Visa Secure or MasterCard Secure programme, you will also have to enter your password to finalise the transaction.
5. AVAILABILITY AND DELIVERY
Information regarding availability shown on this Website can also be changed by us without prior notification. We cannot guarantee permanent or continuous availability of all products on this Website. All orders are always subject to availability.
We will deliver the Products ordered by you to the delivery address which you entered at the time of the order.
The delivery will take place in accordance with the information on the product pages after your order was accepted.
In the case of unforeseen circumstances which are reasonably outside of our control (for instance, bad weather conditions, unforeseeable delays due to traffic jams, roadworks, deviations or mechanical faults, in any case in so far as this is reasonably outside our control) it may be impossible to deliver the Products within the time delays indicted and we cannot be held liable for the non-delivery or late delivery of the Products totally or partly caused by such circumstances. If a delivery does not take place, we will agree an alternative delivery date with you.
We can also not be held liable for any delay of the delivery caused by the unavailability of someone to accept the delivery of the Products. It is your responsibility to contact the post office or courier service where applicable to organise the pickup or delivery of Products which could not be delivered because you were not available.
6. RISK AND TRANSFER OF OWNERSHIP
The ownership of the Products ordered is only transferred to you when the Products have been delivered to you and after we have received the full payment of all sums due regarding the Products. Once the Products have been delivered to you or to a person designated by you, they will be held at your own risk and you will be responsible for them.
7. RETURNS POLICY
Standard returns policy
You have a right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive the goods. Where your order comprises multiple delivery shipments, the 14 days cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment to you. To exercise your right to cancel you must inform Van de Velde NV of your decision to cancel per telephone or by sending us a unilateral declaration by e-mail or post using the contact data set out above.
Please take into account that the suggested returns procedure on our delivery and returns page, which is free of charge, is not obligated. If you wish, you can also use the Model withdraw form and send this together with the goods to the following address. In this case the return is at your expense: Van de Velde NV Returns Departement E-commerce PrimaDonna Meerbos 22 9260 Wichelen Belgium.
Following cancellation we will refund you the price paid for the cancelled order (or part of the ordered cancelled) less any collection or return charges (if any). We will also refund any standard delivery charges paid. In case you already made a payment to us, we will refund you once your return has been processed and not later than 14 days upon receipt of your return, provided your return has been accepted.
Without limiting your cancellation rights as set out above, if you are not satisfied with a product for any reason e.g. it is damaged or defective, please return the product to us. These goods may be sent back free of charge by returning them to us following the outlined returns instructions as mentioned on the delivery and returns page. Once we have acknowledged or confirmed the product’s defect or other problem, we will provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale. We will notify you of your refund for defective goods via e-mail within a reasonable period of time and will, in any case, refund you within 14 days of the day you sent the item(s) back to us, provided your return has been accepted.
In both cases (cancellation or defective goods) we will refund you using the same method of payment you initially used when placing your order. Where the goods show signs of unreasonable use, we reserve the right to withhold damages. For these goods, unreasonable use means handling the goods beyond what is reasonable to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop (f.e. removing labels). We may withhold any refund until we have received the goods or you have supplied proof of return for the goods. If at the time of purchase you received a discount on the full order, this discount is divided amongst the different articles pro rata the purchase price. If you return this order (partially), also the discount (partially) shall be taken into account and actual amount paid shall be refunded
8. LIABILITY AND DISCLAIMERS
8.1 Regarding a Product purchased through our Website
Our liability regarding any Product which was purchased through our Website is strictly limited to the purchase price of this Product.
Nothing in these General Terms and Conditions constitutes an exclusion or limitation in any way of our liability:
a) For death or personal injury caused by our negligence;
b) For fraud or gross negligence by our employees and agents; or
c) For any issue for which it would be illegal or unlawful for us to exclude or limit our liability, or to undertake an attempt to do so.
All product descriptions, information and materials which are included on this Website are delivered 'as is', without explicit or implicit guarantees or other guarantees. In so far as legally allowed, but without excluding anything which, according to the legislation, may not be excluded in the case of consumers, we refuse all other guarantees of whichever nature.
The provisions of this article are without prejudice to your legal rights as a consumer or to your rights to cancel the Contract.
8.2 General rejection of liability
Notwithstanding the fact that Van de Velde uses great accuracy when creating and maintaining this Website, Van de Velde cannot give explicit or implicit guarantees of any nature regarding the Website and its content. Specifically, Van de Velde cannot guarantee that the information contained in this Website is correct, accurate and complete, suitable for a specific purpose or up to date. Van de Velde may change or remove information on this Website at any time without prior notification.
Except when legally forbidden, Van de Velde rejects any explicit or implicit guarantee regarding the marketability, satisfactory quality or suitability for a specific purpose, compatibility, protection, accuracy and non-infringement of intellectual property rights. Neither Van de Velde, nor any of its licences, licensors, service providers or suppliers guarantee that this Website or any function on this Website will function without interruption or defect, that defects will be corrected or that this Website or the servers which give access to this Website are free of viruses or other damaging elements. Furthermore, Van de Velde cannot be held liable for any damages which occur or which apparently are related in any way to the access to or use of this Website, including any damage caused to your hardware or software, including viruses which infect your hardware or software as a result of the access to or use of this Website. The use of suitable anti-virus software is exclusively your responsibility.
You explicitly accept (in the broadest sense of the word in the legislation), that Van de Velde cannot be held liable for any direct, indirect, incidental, exceptional or consequential damages. If you are unsatisfied with any part of the Website or cannot accept any of the provisions of these General Terms and Conditions, your only option is to stop using this Website.
9. SELECTION OF RETAIL BUSINESSES IN THE 'STORE LOCATOR' ('WHERE FOR SALE?'/'POINTS OF SALE')
The Website visitor can search which shops in his area distribute the Van de Velde brands in the 'Store Locator' module, which can be found under 'Where for sale?' (Marie Jo) or 'Points of sale' (PrimaDonna). He/she does this by entering his/her postcode or place of residence. On the basis of distribution density and geographical location of the shops a selection is made in accordance with the following automated criteria:
If there are 10 or more results in the town or municipality entered: all shops in the town or municipality are returned. The radius of the search is not expanded.
If less than 10 points of sale exactly correspond with the search entered, the radius of the search entered is expanded to the surrounding region. The radius starts at 9 km around the search, and is increased by 5 km at a time.
The expansion of the radius of the search stops when there are 5 or more results (including the 'exact' results) or when the radius is equal to or greater than 50 km.
The radius of the selected region expresses distances as the bird flies, and identifies all various postcodes which fall within the area. All shops which are registered in the central customer management of Van de Velde with one of these postcodes is shown (even if they, in the strictest sense, geographically fall outside the radius given).
Van de Velde strives to only show the shops with a minimum offer of its products in the 'Store Locator'. Furthermore, it wants to give the consumer an indication of the measure in which its products are present at every shop. The criteria on which this valuation is based are objective and unambiguous, and are formed by a combination of breadth and depth of the offer.
The exact nature of these criteria has been communicated to the customers of Van de Velde, who can request the detailed figures on which their valuation is based at any time. In view of the confidentiality of these figures, no exact figures, nor the numerical and detailed valuation of a certain shop on the basis of these criteria are made public.
10. FORCE MAJEURE
We are not liable for any delays in the delivery of Products which you have ordered if this is due to events or circumstances which are reasonably outside of our control, including, but not limited to, strikes, exclusions of employees or other industrial actions, faults in systems or in access to networks, flood, fire, explosion.
11. INTELLECTUAL PROPERTY RIGHTS
By using this Website you recognise that it contains texts, layout, photographs, illustration, drawings, graphic element and other elements ('Content') protected by author's rights, database rights, brands, trade secret and or other property rights. All Content is protected by the applicable legislation regarding copyright, which is also applicable to the copy rights of Van de Velde regarding the selection, coordination, classification and improvement of such Content.By using this Website you recognise that it contains texts, layout, photographs, illustration, drawings, graphic element and other elements ('Content') protected by author's rights, database rights, brands, trade secret and or other property rights. All Content is protected by the applicable legislation regarding copyright, which is also applicable to the copy rights of Van de Velde regarding the selection, coordination, classification and improvement of such Content.
Commercial partners, suppliers, advertisers, sponsors, licensor, co-contractors and other third parties may have property rights to the Contents which they make available on this Website. The Content of the database is also protected by the exclusive right of the author of the database, on the basis of which this author can prohibit the acquiring and/or reuse of all or part of the Content of the database.
The reproduction, adaptation, changing, translation, distribution, transfer, publication, display, licencing, use for the production of derivative works or other use of all or part of the Content in any form and by any means is equally prohibited without prior written permission of Van de Velde.
Unless determined otherwise, Van de Velde allows a non-exclusive, not transferable and limited right to access, use and reproduction of this Website and its Content for your personal, non-commercial use, subject to the provisions of these General Terms and Conditions. You do not derive any property rights from the display of the Content on your computer. The change or use of the Content for other purposes, especially the use of the Content in printed form, on another website or network environment is strictly prohibited without prior permission of Van de Velde.
By using this Website you agree not to use automatic means or manual procedures to control or copy the pages of this Website or any Content of this Website. You undertake not to use means, software or processes to prevent or to try to prevent the good functioning of this Website. You also undertake not to undertake any actions which could generate an unreasonable or disproportional heave load on the infrastructure of this Website.
12. BRANDS, TRADE NAMES AND LOGOS
All names, logos and other signs used on this Website, including the names 'Rigby & Peller', 'Marie Jo', 'Marie Jo L'Aventure', 'Sarda by Andres Sarda', 'PrimaDonna Twist' and 'PrimaDonna', are legally protected brands and/or trade names of Van de Velde, associated companies or third parties. Any use of these or similar signs without prior written permission of Van de Velde or of the owner of the rights is prohibited.
This Website may provide hyperlinks to other websites which are perceived as potentially interesting for you, but which are partly or fully the property of, controlled by or managed by a third party. Such links are only provided for your comfort and information.
Van de Velde does not verify the content of these external websites and if you choose to click on these hyperlinks you do so at your own risk. Van de Velde has no liability regarding these external websites. The fact that Van de Velde provides a link to a website of a third party does not constitute an approval, recommendation or financing thereof by Van de Velde or associated companies for such a third party. Any mention of the Products or services of a third party is solely for your comfort and information and does not constitute the approval or recommendation of such Products or services by Van de Velde. Van de Velde can also not be held liable for future changes to the linked websites.
Links to this website are prohibited subject to prior and written permission by the limited company Van de Velde.
You undertake to indemnify, compensate, and at the request of Van de Velde, to defend Van de Velde, its directors, employees, shareholders, agents and representatives for and against all claims by third parties and/or costs (including but not limited to reasonable legal fees and solicitors' costs) resulting from the incorrect use of our Website, your infringement of these General Terms and Conditions or any other infringement of a user or an intellectual property right or any other right of a person or entity.
15. OTHER PROVISIONS
If a provision of these General Terms and Conditions is illegal, invalid or non-enforceable for any other reason, these General Terms and conditions must be interpreted as if the illegal, invalid or non-enforceable was never included, and Van de Velde will have the right to remove this provision from these General Terms and Conditions without any effect on the validity or enforceability of the other provisions. These General Terms and Provisions constitute the entire agreement between you and Van de Velde regarding the Content.
For any questions or concerns you can contact Van de Velde with the use of the contact details above.
All notifications which you wish to send us must be sent to the contact details above. We will answer you by email or by post to the postal address that you provided when placing your order. Notifications are deemed to have been received and properly delivered 24 hours after the sending of an email or three days of the date of sending a letter, unless otherwise stated (because of closing days of the head office). To prove that a statement and/or complaint was made, it suffices to prove that, in the case of a letter, such a letter was properly addressed, stamped and posted, and in the case of an email, that such email was sent to the email address provided of the person addressed.
17. APPLICABLE LAW AND COMPETENT COURTS
These General Terms and Conditions are governed by Belgian law and every Contract established through this Website will be governed by Belgian law. For any dispute arising from a Contract, or arising through the use of this website and these General Terms and Conditions, the exclusive competent courts are those of Dendermonde, Belgium.
The European Commission has established an online platform for 'mutual consultation and dispute resolution', which you can consult via the link http://ec.europa.eu/odr/. We are prepared to take part in an extrajudicial dispute resolution. The competent authority is the Consumer Ombudsman (https://www.consumentenombudsdienst.be/nl).
Model form for revocation
(only fill in and return this form if you wish to revoke the agreement)
— To N.V. VAN DE VELDE, Department E-commerce PrimaDonna, Lageweg 4, 9260 Schellebelle, Belgium, tel.: +32 (0)9 365 21 00, email: email@example.com
— I hereby inform you that I revoke our agreement regarding the sale of the following goods
— Ordered on
— Order number
— Name and first name