Sale Terms of Jollysox
Article 1 - Purpose and area of application
1.1. These Sale Terms set out the rights and obligations of the Contracting Parties that will apply for the sale of products (each a “Product”) through our site Jollysox (the “Site”, available on www.jollysox.be) and for the territories of Belgium, the Netherlands and Luxemburg. The Terms and Conditions apply for any order submitted on the Site.
1.2. The Terms and Conditions include, on the one hand, the SPRL under Belgian Law Fabulous Socks Sprl, registered at the Banque Carrefour des Entreprises with number 0837.563.227 (VAT 0837.563.227) and registered address at 1200 Brussels, rue du pontonnier, 9, called “the Seller” and, on the other hand, the person willing to go through the Site and to place an order, called the “Customer”. The Customer and the Seller are called the “Contracting Parties” when denominated together. The Contracting Parties both agree that their relations are exclusively governed by these Terms and Conditions, besides for any condition previously mentioned on the Site.
1.3. By agreeing to order a Product displayed on the Site (“the Order”), it is implied that the Customer previously read these Terms and Conditions and agrees to be legally bound by them, without the agreement being expressed by a handwritten signature. According to the provisions of the law of July, 9th 2001,whiwh established rules regarding the legal framework for electronic signatures and certification services, the placement of the order, as mentioned in point 5 of these Conditions and Terms, represents an electronic signature, which is binding between the Parties to the same extent as a handwritten signature and which stands as proof that the entire order is legally valid, rendering all amounts in connection therewith due upon performance of said order.
1.4. The Terms and Conditions exclusively apply to the Customers (physical and non-business persons). The Customer who is willing to purchase a Product on the Site declares being of full legal capacity. Any person considered incapable as specified in article 1123 of the Civil Code, cannot buy from the Site in any way, or has to do it through their legal representative and under responsibility of the latter, as specified in point 2 of these Terms and Conditions. The legal representative is also bound by these Terms and Conditions.
Article 2 - Opening of a Jollysox account
2.1. In order to purchase Products on the Site, the Customer must have previously and validly opened a personal Jollysox account (“User Account”) by clicking on “Create an account” and filling the form in. Once the request for a User Account has been received, Jollysox will send a confirmation email, containing the Customer’s User account access code.
2.2. The access codes are personal and confidential and the Seller accepts no responsibility with regard to an abuse of a Customer’s access code.
2.3. Thanks to their User account, the Customer is able to:
Check the status of their orders
Look for the amount and the validity period of their gift vouchers
Consult and modify their personal data.
The Customer can consult their account whenever they want.
Article 3 - Products description and availability
3.1. The Products offered for sale are the ones displayed on the Site with a description of their essential characteristics, on the day and at the precise moment that the Customer visits the Site and within the limits of available stock. The Seller takes all appropriate steps to show the availability of the Products in real time but could not be held responsible if a Product was not available anymore to fulfill the Order processed by the Customer. In case of a Product’s unavailability, the Customer will be informed and will have the possibility to either modify its Order or cancel it. In case of a cancellation and if the payment has already been processed, the Customer will be reimbursed of the entire amount of the Order.
3.2. Pictures, texts and other descriptive elements illustrating the Product are not included in the contractual arrangement. If these pictures and/or texts are erroneous, the Seller could not be held responsible. The Seller commits to make every effort to correct the errors and omissions as quick as possible and as soon as he gets the information.
Article 4 - Purchase Price and costs of preparation and delivery
4.1. Purchase Price Product
The price of each product is displayed on the Site (hereinafter the “Purchase Price”) in euros, VAT included. This price is valid in Belgium, France and Luxembourg, and does not include the cost of preparation and delivery also borne by the user, or the deduction of any discount or voucher given to the User personally.
4.2. Handling and Delivery costs
On ordering, Users agree to pay, in addition to the Purchase Price of the Products ordered, the costs of preparation and delivery (hereinafter the “Fees”). These costs vary depending on the type and quantity of products ordered and the delivery method selected, and include VAT. The user can view the amount of such costs on the Website by clicking on the “Shopping Cart”, which shows a calculation of the total amount corresponding to the total Purchase Price of Products and charges. The Company reserves the right to change the amount of fees at any time, but the fee will be charged based on the rates in effect at the time of confirmation of the Order, and subject to availability.
Article 5 – Procedure for Ordering
5.1. To perform a command, the user must go to the User Account, and must complete the order form made available on the Site, including where it will include the information necessary to identify and include his/her name and delivery address. The Seller shall not be liable for the consequences of misreporting. After completing the order form, the user is prompted to close the ordering process by clicking on “Checkout”, whereby the user agrees fully and without reservation all of these Terms, will validate definitively his Order and agrees to pay the full amount due or the Purchase Price, plus costs, and less any coupons.
5.2. The Seller shall confirm each order by sending an email to the user within 24 hours of the order, to the address specified by the user when creating the User Account (hereinafter “Order Confirmation” ). This Order Confirmation will mention, in particular, details of the Seller, the date of the order, the product ordered, the Purchase Price, plus costs, address and delivery terms, the terms of exercise of withdrawal (under Article 9 of the General Conditions) and the details of claims service and after-sales service. The data recorded by the Seller and the Order Confirmation constitute the proof of the contractual relationship between the Parties.
5.3. The Seller reserves the right to refuse or cancel any order or delivery in the case of
(i) legal dispute with the User
(ii) total or partial non-payment of a previous order or
(iii) refusal to authorize payment by credit card banking institutions.
In this case, the Seller’s liability could not, under any circumstances, be held liable.
Article 6 – Payment methods
Payment of purchases can be made either by credit card such as Visa, Mastercard or American Express or by Bancontact, or by PayPal.
Upon validation of the Order, the User selects one of the available payment methods. The user specifies the name on the credit card, the card number, expiration date and control number. Some banking institution issuers may request additional signature using a digipass. The validity of the payment is confirmed or not after checking with the bank issuer. If the payment is confirmed, debiting occurs after the billing of the Order, as agreed with the bank issuing the card. The seller will not accept payment by credit card for an amount greater than five hundred (500) euros per order. (S) Product (s) ordered (s) remain the property of the seller until full payment of the Purchase Price and Expenses specified in the Order.
Article 7 – Delivery
Upon delivery, a sales invoice is delivered to the user. During the validation of the order, the user has the choice between several modes of delivery, being either delivery to a specific address by DPD company (home, workplace or other), a delivery point belonging to the Mondial Relay company. If the User chooses a delivery to a specific address, the Seller shall use its best efforts to ensure that the Order be sent to this address within a few days after the validation of the order. The delivery company will come to this address between 8 and 18h on working days and deliver the parcel to the addressee or any other person present at the address indicated. In case of absence, a notice will be left in the mailbox of the address. It is then up to the user to contact the courier to arrange a new delivery date. If the user does not organize a new delivery within 3 weeks after the validation of the order, or is absent at the time of this new delivery, the Order will be automatically returned to the Seller, who will contact the User to arrange delivery of the Order. In this case, the additional costs of delivery will be claimed from the User. If the User chooses a delivery point Mondial Relay, the Seller shall use its best efforts to ensure that the order is sent to the selected point within a few days after the confirmation of the Order. The User will be informed by the means of communication indicated in the validation of the Order (email, sms or phone call) about the availability of his/her parcel(s) in the delivery point Mondial Relay. The user then has 14 days to remove the parcel from the delivery point Mondial Relay, by showing his identity card. Beyond this period, the Order will be automatically returned to the Seller, who will contact the user to arrange delivery of the Order. In this case, the additional costs of delivery will be claimed from the User.
7.2. The transfer of risk to the user is at the time of delivery. Each delivery is deemed to be made from the provision of the product according to the shipping method selected by the user, that is to say either chosen delivery address or point Mondial Relay. The proof of this provision will be materialized by the control system used by the driver or the company Mondial Relay.
7.3. It is up to the User to verify shipments upon arrival and to make all his/her reservations and complaints which appear justified, or even refuse the package if it is likely to have been opened or if it shows traces of obvious deterioration. Said reservations and complaints relating to the delivery of the Products must be sent directly to the carrier by registered letter with acknowledgment of receipt within three working days following the delivery of the Products, with a copy to the Seller.
Article 8 – Right of withdrawal and return procedures
8.1. If an item purchased on the Site is not suitable for the user, he/she has a period of fifteen (15) calendar days, starting the day after delivery, to waive the purchase without penalty and without justification. In this period, the User must notify the Seller of his/her intention to exercise his/her right of withdrawal, accessing his/her order under “Orders” and when viewing the details click on “Request a Return” to obtain a return code and print out the return. The user will receive an email at the address indicated when he/she opened his/her User Account with a return code, it should indicate a good return available under “Commands” from the page giving detailed data of the Order, he must complete, sign and include it in the package returns. As the intention expressed by the user to return all or part of its control, it has a period of 10 calendar days to return the Products to the Seller. Failure to meet this deadline, the user will forfeit his right of withdrawal and shall make payment of the Order.
8.2. Return to Seller shall be made at the following address, unless otherwise communicated to the user and by any means of transport chosen by the user, who must keep proof of shipment: Fabulous Socks Sprl, 9 Street pontonnier 1200 Brussels (Belgium). Costs and risks associated with return shipping are the responsibility of the User. To send the order back, the user can also leave the packages free of charge in a Mondial Relay Point and obtain proof of deposit with the Mondial Relay point.
8.3. When using the User’s right of withdrawal, as agreed in the previous paragraph, the Seller agrees to pay the Purchase Price to the user if it has already been paid at least thirty (30) calendar days following notification by the User of its willingness to use its right of withdrawal in accordance with Article 9.1 above. The User shall bear the cost of returning the product. The refund will be made as follows: If the user has paid for the order by credit card, after checking returned items, credit will be raised on the credit card used by the User to pay the Purchase price of returned items, less amounts of coupons or discounts or used to pay for the Order. The repayment of the User is conducted as agreed with the bank issuing the card. If the user has set its order by another form of payment, refund will be made by bank transfer to the bank account number that will be indicated on the return bill. In the absence of valid bank account number on the return bill, reimbursement by the Seller may be made in the form of a voucher for use on the Site.
8.4. The user will not be able to make use of this right of withdrawal if the delivered Products have clearly been used (beyond a few minutes), have been damaged or have missing parts. Products must be returned properly protected with a security label (called a “handtag”) still on products in their original packaging, in a resalable condition (not damaged, soiled or damaged by the User), with all accessories, user manuals and documentation to the address indicated above, accompanied by the original sales invoice, of which the User retains a copy. Otherwise they cannot be returned. Parcels which do not have a label identifying the sender (No return, no order, name, address) will not be able to be returned. Items returned but can not be accepted for return are required to address the Seller at the disposal of the user who is required to take and pay. In case of abnormal or excessive returns, the Company reserves the right to refuse an order later.
Article 9 – Legal Warranty
9.1. The user benefits from the legal guarantee of articles 1649 bis and following of the Civil Code, for any lack of conformity which exists at the time of delivery of the article, if he/she did not know or was not supposed to know the fault at the time of conclusion of the contract and if it appears within two years after delivery. In this case, the user may either demand the replacement of the item in question without charge and within a reasonable time and within the availability of similar items, or an appropriate reduction of the Purchase Price or termination of the contract as provided by law. The User may not, however, require the termination of the contract in case of minor non-compliance. Similarly, where appropriate, the wear resulting from the use of the article by the User for delivery will be taken into account.
9.2. The User must notify the Seller of his intention to appeal to the legal guarantee, in writing, at the latest within two months from the day he found the fault. The cost of returning the non-compliant item will be borne by the Seller, provided that it is carried out either via Mondial Relay point of sale or via the postal services from Belgium. These expenses can be credited back in the form of a voucher to claim on your next order, or be included in any reimbursement.
9.3. The warranty does not apply to:
normal wear of certain items;
defects and damage caused by the fault of the user.
For any inquiry or question, the user can contact the Service Users Vendor Relations through the contact form, by visiting the Website and selecting “One of my products is defective, that should I do? “under the “Contact ” section.
Article 10. – Protection of privacy with regard to the processing of personal data
10.1. The Seller collects personal data about users, which are communicated on the Site. It undertakes not to disclose to third parties. These are confidential. They will only be used by its internal services for the processing of orders or to strengthen and personalize the communication, including letters / email information with the aim of customizing the site according to the preferences of users found.
10.2. The Seller does not sell, market and rent to third parties information about Users. In case of sale or use by third parties of personal data, the Seller agrees in advance to inform the user to enable him/her to exercise his/her right to object. The Seller may also provide aggregate statistics about its users, its sales, trading patterns and information on the Site to any trusted third party, but these statistics will include no personal information. This article cannot, however, prevent the sale or transfer of business to a third party.
10.3. Accordance with European and national law applicable, the User can exercise his right of access to the file and the right to rectify the information relating to accessing the section “Personal Data” under “My Account”. He may exercise his right of cancellation of the information by visiting the site in the “Contact” section, selecting “I want to cancel my account Jollysox” (indicating email address, name, postal address), or by mail to the following address: Fabulous socks sprl, 9 rue du pontonnier B-1200 Brussels, Belgium.
10.5. Some pages of this website can sometimes contain electronic images or “web beacons”, which can count the number of visitors to the page. These web beacons may be used with certain partners of the Seller, including to measure and improve the effectiveness of certain actions. Information obtained through these tags can simply gather statistics on visits to certain pages of the Site, with the aim of providing better service to the users.
Article 11 – Responsibility
The Seller does not contract as an obligation of means for all stages of access to the Site, the Order, delivery or subsequent services. The Seller will be liable for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion or presence of computer viruses, or any act that may be qualified as force majeure. In any event, the Seller’s liability under these Conditions shall not exceed an amount equal to the amounts paid or payable in respect of the transaction giving rise to such liability, regardless of the cause or form of action concerned .
Article 12 – Intellectual property
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents, and more generally intellectual property as well as the Law on databases. They are the exclusive property of Seller. The user who has a website personally and wishes to place, for personal use, on its own site a direct link to the Site must request permission from the Seller. It will not in this case mean an implicit affiliation agreement. However, any hypertext link to the Site and using the technique of framing or in-line or deep linking is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed at the request of the seller
Article 13 – Contact and Dispute Resolution
For questions about purchasing, the user has the possibility to get in touch with the seller via the contact forms available in the Help section of the Site & Contact Seller or via the address email@example.com. The Seller agrees to return to the User within a maximum of 5 working days with an answer to his request.
Article 14 – Invalidity and completeness
If one or more provisions of the General Conditions are held to be invalid or declared as such under any law, regulation or following a final decision of a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The General Conditions and the order summary sent to the User form a contract and constitute the entire contractual relationship between the Parties. In case of conflict between these documents, the Terms will prevail.
Article 15 – Proof
The records stored in the computer systems of the Seller and its partners under reasonable security conditions, will be considered proof of communication, orders and payments between the parties.
Article 16 – Amendments
The Seller reserves the right to change these Terms and Conditions, and will communicate the new version to users via the Site.
Article 17 – Applicable law – Jurisdiction
These Terms and Conditions are subject to Belgian law. In case of dispute, an amicable solution will be sought before any legal action. Failing amicable settlement, the courts of the judicial district of Brussels