GENERAL CONDITIONS AND LEGAL INFORMATION
1. PREAMBLE AND LEGAL INFORMATION
1.1. The present site www.raidillon.com is operated by SA Raidillon (hereinafter the « Company ») whose headquarters is located in Galerie du Roi, 17-19 1000 Brussels - Belgium, with the No of Enterprise: VAT BE 0477.872.181, Telephone + 32 (0) 2 387 48 70, email: firstname.lastname@example.org. The SA Raidillon creates, develops and commercializes around the world watches and other luxury accessories under the trademark Raidillon, hereinafter referred to as the « Articles ».
1.2. The access to this website and its use are subject to prior acceptance of these general terms and conditions. By visiting this website and using the information contained therein, you automatically accept the general terms and conditions.
1.3. The Company reserves the right to modify the present terms and conditions at any time.
1.4. The Company strives to provide the security of the site. However, the disclosure of information you concerning is at your own risk. The Company does not warrant the accuracy of information contained on the site, nor its completeness, and cannot be held liable for any errors, lack of availability of information and/or the presence of viruses on the site.
1.5. All website’s components are the exclusive property of the Company.
Any total or partial reproduction of the site or its databases, by any means whatsoever, is prohibited. Company’s Articles and all its figurative or non-figurative trademarks and, more generally, all other trademarks, illustrations, images, industrial designs and logos appearing on Company’s remotely sold Articles, their accessories or packaging, whether registered or not, are and remain the Company’s exclusive property. Reproduction in whole or in part, downloading, modification or use of these trademarks, illustrations, images; logos and industrial designs for any reason and by any medium whatsoever, without the express prior written consent of the Company, is strictly prohibited. The same prohibition applies to any distinctive sign intended to form a composite logo. Any act of counterfeiting and any complicity will be prosecuted in court.
Without an express prior written consent of the Company, are also strictly prohibited:
- the creation of hypertext links to any pages or any components of the website ;
- the use of any of its components (presented Articles, descriptions, prices, data, software, graphics, pictures, photographs) for the sale or any other use directly or indirectly commercial.
1.6. These general terms and conditions govern the sale of Articles on the site www.raidillon.com. The mere fact of placing an order implies the express acceptance of these general terms and conditions.
1.7. These terms and conditions apply to the exclusion of all other conditions, whether those of the Client or potential partners in particular. There can be waived but by express and written agreement between the parties.
2.1. The information (designation, definition, reproduction of Articles, detailed description: properties, characteristics and composition) about the Articles offered for sale is available on the website. While providing the best care and the greatest accuracy to the online information, with descriptions of Articles and data available on the website and their regular updating, the Company shall not be held responsible for non-substantive errors that may occur.
Similarly, although the photographs and other reproductions that accurately represents Articles on the website, - and this, within the limits of technology and in compliance with the highest standards of the Internet - these are, however, that indicative and have no contractual value. In any case, for non-compliance of the Article delivered to its description, the Company agrees to correct this error, in terms of articles 6 and 9.2 below.
3.1. The prices displayed on the website are quoted in Euros, including transport and VAT. Any import tax is at the expenses of the Buyer.
3.2. The Company reserves the right to change the prices at any time but the invoicing prices are those prevailing at the date of confirmation of the order.
4.1. To make an order on the website, the Client must be of age and have the legal capacity.
4.2. To place an order, the Customer must fill in a Reservation Request Form where some fields are mandatory for validation of the order.
4.3. The orders will be accepted within the limits of available stock. If, despite the vigilance of the Company, the Articles ordered are not anymore available, the Company will notify the Customer by any means (phone or email) as soon as possible and pay back, if the invoice is already paid, the price on Customer's bank account. The Company will not be held liable for any shortage or unavailability of the Articles.
4.4. The Client undertakes that all the information communicated to the Company on the website or by telephone, as a part of the order, complies with these general terms and conditions of sale, and is complete, accurate and current. Otherwise, the Company could simply cancel the order and payment.
4.5. The Company shall be entitled, in the case of retail sales, to refuse any abnormal order, notably an order including more than five (5) Articles. An order may contain up to two (2) watches.
4.6. The Company is entitled to refuse any order :
- (i) done by a Customer with whom there is a dispute over payment of a previous order; or
- (ii) does not comply with these general terms and conditions of sale.
4.7. If the Company finds that the order does not meet these general terms and conditions of sale (eg, wrong delivery address, exceedance of order's thresholds), the Company will notify within a maximum of six (6) days the Customer by telephone or by electronic mail.
If the Customer does not correct these erroneous or contrary elements, the Company reserves the right to simply cancel the order and payment.
4.8. The web reservation request is subject to strict procedures described below. These procedures are indicated on the screens. The Client must meet them to complete the purchase (hereinafter: “Steps”):
4.8.1. FIRST STEP: SELECTION OF ARTICLES BY THE CUSTOMER
The Customer selects, captures and validates the identification of Articles to reserve (whose availability is confirmed by the Company).
4.8.2. SECOND STEP: VERIFICATION OF SELECTED ARTICLES
The Customer can check the details of the reservation as well as the total price before definitively validate the reservation and confirm its acceptance of the order.
4.8.3. THIRD STEP: RECEIPT OF THE RESERVATION REQUEST BY THE COMPANY
Within a maximum of six (6) days after the validation of the reservation request, the Company confirms its reception by sending an e-mail (provided by the Customer). This acknowledgment will include the availability of the requested Articles and the means of payment of the order. The sale will be considered final only after the payment of the order by the Customer.
4.8.4. FOURTH STEP: INFORMATION ON DELIVERY
Once the invoice is paid and received, the Company will notify the Customer of the shipment timetable and about the number of delivery which will track the shipment of the order on the website of the carrier, selected by the Company. On this occasion, the client will receive information on delivery schedule.
5. DELIVERY SCHEDULE AND TERMS OF RECEIPT
5.1. Delivery fees are the responsibility of the Company.
5.2. The merchandise will be shipped to the address provided by the Customer during the ordering process (see above section 4.2). It is understood that the delivery of Articles can only be made:
- at Customer's habitual residence ;or
- to the delivery address specified by the Customer when ordering, it is being recalled that the said address must correspond to the place of habitual residence of a third party beneficiary chosen by the Customer; or
- failing, to the address of the company within which Customer operates.
In any event, the delivery cannot be carried out at hotels or PO boxes.
The Company also offers Customers the opportunity to be delivered from a Raidillon's Authorized Retailer selected from the online list of Authorized Retailers.
5.3. Delivery will be made against the Client's signature or against its representative’s one. The Client must be present to ensure delivery schedules provided by the carrier of the Company.
5.4. Delivery of Articles will occur after complete payment of the order.
5.5. Delivery of ordered Articles takes place in principle within 30 (thirty) days of the receipt of the whole payment by the Company.
5.6. If during the delivery, the package appears damaged in its external appearance, the Client will proceed to its opening in the presence of the carrier to check the status of the Article, and will notify the carrier about all its reserves, notably on the delivery order, and notifies also the Company immediately by email to email@example.com.
6. ACTIVATION OF GUARANTEE
6.1. The delivery's non-compliance with the order and any defects must be notified by email within 5 (five) calendar days of delivery, under penalty of inadmissibility. In any case, the delivery can be refused or declared non-compliant, if in the color or size, the delivered Article does not strictly conform to the Article-model, but small differences are justified by the artisanal character of the sold Articles.
6.2. Only the Civil Code provisions relating to the latent defects will eventually apply beyond that period of 5 (five) days.
6.3. If warranty claims are admissible and well founded, the Company’s intervention will be limited to a replacement of one or more Articles sold with a defect and, if not, to a price reduction or cancellation of the sale, that can never intervene if the defect is minor.
6.4. In no case, the activation of guarantee by the Company does not exceed the selling price of the Article and in case of the reimbursement to the Buyer, the use of the Article made before the default occurs will be taken into account.
6.5. Any other damage caused to the Purchaser or a third party cannot be charged to the Company.
6.6. The warranty of the Company is excluded when the defect is the result, even coexisting with a defect of the sold Article, of a lack of maintenance or of improper maintenance, of improper use or, more generally, of misconduct committed by the Purchaser or by a person who is under its responsibility.
7.1. The settlement of purchases is made via a bank transfer to the Company's account or by paypal, depending on what was fixed in the Company’s email confirming the order (see above 4.8.3).
7.2. Failing the full payment, the ordered item will not be delivered. In any event, if one or more Articles ordered are delivered, despite a lack of payment or partial payment, the Company retains the ownership of these Articles and may demand without any formal notice or, at its choice, claim the payment increased - automatically and without any formal notice - by an annual interest of 12 % and by a contractual compensation of 15 % of the price of Articles, with a minimum amount of 70 €.
8.1. The Articles are always transported at the recipient’s own risk. In case of the force majeure, whatsoever, that delays or makes the order's execution impossible, the Company reserves the right, after notifying the Client, to suspend or terminate its commitments, with no possibility for Customer to claim any compensation.
9. RETRACTATION - RETURNS
9.1. The Customer has a right of withdrawal that can be exercised without any justification, within 14 (fourteen) calendar days of the receipt of the Articles. In this context, the Customer can opt to return the Articles delivered during this period in their original packaging, in perfect condition, complete (accessories, manuals, warranty ...).
Customer has to keep any evidence of this return, which implies that the Articles have to be returned by a registered mail, or by any other means giving a certain date, in any case, the cost of return is paid by the Customer.
Reimbursement of the price charged for returned Articles will be made by crediting the Customer's bank account by the bank details provided by the Company when placing the order on the website, no later than 30 (thirty) days after the receipt by the Company the returned Articles. If the Client wishes, the Company issues a credit for a next order for a sum equivalent to the concerned order. In such a case, the Customer has to specify the latter by sending an email to firstname.lastname@example.org.
The the returned Articles that are incomplete, broken, soiled or damaged by the Customer will not be refunded totally and shall in any event result in the issuance of an asset for a sum equivalent to the initial order.
9.2. If the delivered Articles do not comply with the order, the Customer must notify as soon as possible under the conditions of Article 6.1. the Company by e-mail sent to email@example.com by justifying the non-compliance of the Articles to the order and, after approval of the Company, return the concerned Articles in their original packaging, in perfect condition, complete (accessories, manuals, warranty ...) and accompanied by a copy of the invoice and of the Return/ Exchanges Form to the address indicated on the Form.
The return of the Article must be made by the registered mail, or by any other means giving a certain date, the cost of return is- whether the non-compliance of the Article occurs proven- to be paid by the Company. If the Client opted for a delivery to a Raidillon's Authorized Retailer, the Client must contact this Authorized Retailer for the return. The return and the cost will be paid by the Retailer.
9.3. In the absence of possible exchange of the returned Articles and if the Client does not wish to dispose of a credit for future purchases, the reimbursement of the invoiced price of these returned and not confirm Articles will be made by crediting the Customer's bank account, at latest within 30 (thirty) days following the Company's receipt of returned Articles. The reimbursement of return and transportation cost of non-complying Articles shall be made by crediting the Customer's bank account after that the Company received from the Client the justification of that cost.
10. NULLITY, APPLICABLE LAW AND COMPETENT COURTS
10.1. The nullity of one or more clauses in these general terms and conditions does not affect the validity of all the other clauses.
10.2. The contracts to which these general terms and conditions apply are exclusively governed by the Belgian law. In case of dispute, the courts of Brussels have the exclusive jurisdiction.
11.1. Personal data communicated by clients to the right execution of contracts governed by these general terms and conditions are stored in the database of the Company, except opposition at the time of their communication. They are intended to be used by the Company. Customers have the right to review the data about themselves and request, if necessary, their possible correction or elimination in accordance with the Act of 8th December 1992 on the protection of privacy.
12.1. These general terms and conditions are available in French, in Dutch and in English. In the case of a conflict between these three versions, the French and Dutch versions prevail over the translation into English.