TERMS AND CONDITIONS

[Updated 2014]

Terms & Conditions

These Terms & Conditions apply to any contractual relationship between Isabelle Giroux, Rue des grands prés 93-7000 Mons, info@isabelle-giroux.com (Activity No. 10555 - Isabelle Giroux Design) managed by Productions Associées, VAT BE 0896 755 397, Rue Emile Feron 70, 1070 Brussels, and every visitor who purchases a good or service via the website www.isabelle-giroux.be, hereinafter referred to as "Customer" "you "or" your. ""Parties" refers to both Isabelle Giroux and the Customer.

 

• Article 1: Contractual relations between the Parties

• Article 2: Cancellation and exchange right

• Article 3: Order

• Article 4: Payment

• Article 5: Delivery and transfer of risk

• Article 6: Responsibility

• Article 7: Guarantee

• Article 8: Complaint

• Article 9: No Waiver and nullity

• Article 10: Applicable law and jurisdiction

 

ARTICLE 1: contractual relationship between parties

The Parties agree that their contractual relations are governed exclusively by:

- These online Terms & Conditions;

- Our legal notices that you can consult "here"

The Legal notices are an integral part of these online Terms and Conditions. By accepting these Terms and Conditions, you also are agreeing on the content of the Legal notices. In case of any conflict between these terms and our Legal notices, these dispositions prevail.

 

No products will be sold to minors under 16. For minors 16 or older, a parental consent is required to draw a conclusion of contract.

 

These conditions can be modified by Isabelle Giroux without notice. Conditions published at the time of purchase on the Isabelle Giroux site are applicable to the contract between the Parties.

 

ARTICLE 2: GOODS &SERVICES CARACTERISTICS

 

The goods & services offered are those who appear on the seller’s e-shop. Every item comes with a description established by Isabelle Giroux.

The pictures shown in the e-shop are the most faithful to reality but can’t asure a perfect similarity with the product in particular for the colors.

These goods & items are offered while stock lasts. If, in spite of our efforts, the items, in all or in part, are unavailable, the seller informs the buyer by e-mail as soon as possible and offer him the possibility to choose between waiting or cancel the order of the unavailable item(s) with no fee. The items available will be delivered normally.

 

 

 

 

ARTICLE 2: RIGHT OF WITHDRAWAL AND EXCHANGE

 

2.1 RIGHT OF GENERAL WITHDRAWAL

Without prejudice to the dispositions of art. 2.2., You get the following right of withdrawal:

 

The consumer has the right to communicate with the company that he renounces to the purchase, without paying a fine and without giving reasons, within 30 calendar days from the day after the delivery of the goods or the conclusion of the service contract.

 

See Art. 10.1 of Legal notices for more information about this right of withdrawal.

 

 

2.2 NO RIGHT OF WITHDRAWAL OF CERTAIN PRODUCTS

To purchase of:

• Products of a personal nature

Applies the following derogating retraction right:

 

The consumer does not have the right to cancel the purchase.

 

 

2.3 EXERCISE THE RIGHT OF WITHDRAWAL

If you make use of your potential right of withdrawal, you must return the goods to Isabelle Giroux (Shipping at your expense).

 

By returning the retracted goods, you must always present or attach a copy of the following documents:

• e-mail confirmation that we refer to at art. 5 of the Legal notices;

• the order form sent with the order;

• the explicit mention that You retract the purchase of the returned goods.

Any product returned not complete, or not in its original packaging, defective, damaged or used will not be refunded and will be considered an article returned improperly.

 

 

2.4. RIGHT TO EXCHANGE

If you want to make use of your right of exchange as intended in art. 10.2 of the Legal notices, you must carefully pack the item you want to exchange and send it back to Isabelle Giroux’s office via bpost or Kiala services for example. The cost of this return is at your charge.

Only complete products in perfect condition and in their original packaging can be exchanged. If these conditions are not met, the exchange is regarded as having failed and the products will not be exchanged.

 

If you want to exchange the same item for a different size or color, you can do so by filling in the designated section on the delivery note before sending back the parcel. The new item must be the same price or lower - in such a case, you will receive a refund of the difference within 30 days of us receiving the unwanted item. Delivery of the new item will be at your expense.

 

 

ARTICLE 3: ORDER

Regarding the status of the order and the products offered by Isabelle Giroux, see sections 5 and 6 of the Legal Notices.

 

Regarding the availability of the products ordered, see section 8 of the Legal Notices.

 

The following conditions apply from purchases made by customers during a Isabelle Giroux promotional campaign:

• The promotional code associated with the campaign must be mentioned in the requested area;

• Promotional campaigns are available only to individuals;

• Promotional campaigns are applicable only within the limits of available stocks;

• For order, only two identical articles or similar can be purchased;

• A client can make use of a promotional code only once;

• The special offers are only valid on the purchase of products and not on related costs, including and not limited to shipping and administrative costs;

• Promotional campaigns are valid only on online purchases and not on the products in stores.

Any order not complying with these terms and conditions will not be executed. Isabelle Giroux will inform the customer.

 

 

ARTICLE 4: PAYMENT

With regard to price and costs communicated by Isabelle Giroux, see Art. 7 of the Legal Notices.

 

Regarding payment options and the execution of the payment, see Art. 9.1 of the Legal Notices.

 

Any delay in payment, after a first formal notice, will give rise to a payment of default interest of 8% per year. You will also be liable to pay a fixed penalty clause of 10%, capped at € 1,250.00, based on the total principal amount outstanding.

 

Unless proven otherwise, the computer records of Isabelle Giroux and those of our subcontractors provide proof of all transactions between Isabelle Giroux and the Customer. The communication of your credit card or debit card and your final confirmation of the order are proof of acquiescence to it and these Terms and Conditions online. This validation acts as a signature.

 

ARTICLE 5: DELIVERY AND RISK

 

5.1. SHIPPING

Regarding the delivery, see sections 9.2 and 9.3 of the Legal Notices.

 

Isabelle Giroux makes every effort to ensure that the delivery times indicated on the website are met. The delivery time is taking effect when you receive the email confirmation.

Deliveries are made only in the European Union.

 

In case of sending standard parcel (less than 30 kg and minimum dimensions of 145 mm x 112 mm and maximum length: 1.50 m or 2 x width + height + length = 2 x 3 m), you will be notice, if you are absent at the time of the delivery, of the visit of the carrier through a notification in your mailbox. You then have 14 working days to contact the carrier. You can then either arrange a new appointment with the carrier or pick up your order in a service point of your choice.

 

Regarding parcel delivery out of the standard, the carrier will contact you directly to settle the terms of delivery. However, if you can’t be present at the agreed time, you must notify the carrier by e-mail or by telephone. If you don’t do so, the carrier has the right to deduct expenses related to non-compliance with the agreed arrangement.

 

Isabelle Giroux reserves the right to decline any order if you are still liable to Isabelle Giroux of past due receivables and payable debts.

 

 

5.2. PROCESS

Isabelle Giroux retains full ownership of the items you have purchased until your obligations have been met, especially, but not only, until full payment of the amount due and contingent interests.

 

 

5.3. TRANSFER OF RISK

The transfer of risk to the Customer takes place at the time of shipment or delivery of goods to your home or delivery address provided at time of purchase.

By accepting these terms and conditions you are consenting that the delivery of the order can be received by others, but only at your own risk.

 

 

ARTICLE 6: RESPONSIBILITY

Isabelle Giroux responsibility can not be invoked for failure to comply with its contractual obligations in the event of unforeseen circumstances or force majeure.

 

Responsibility for Isabelle Giroux is exclusively limited to direct potential damage and shall in no event be liable for consequential damages such as, among others, lost profits, loss of business, loss of data, or other deficits form of indirect damage which was not foreseeable at the time you visited the website or made a purchase.

 

Isabelle Giroux also can not be held responsible for damage arising from the use of the Internet (cuts, virus, etc.).

 

 

ARTICLE 7: GUARANTEE &THE RIGHT OF WITHDRAWAL

The Purchaser have a period of fourteen calendar days to return his order at his expense. This period starts the day after the day of delivery of the order. Buyer shall returns the item (s) after sending an email to info @ isabelle-giroux.com in order to provide a list of the items to be returned and the reason for their return.

To the extent possible, the good (s) has to be returned in their original packaging with all documents attached and accompanied by a copy of the email sent to info @ isabelle-giroux com for proper monitoring.

Are not included: items damaged or soiled by the Purchaser and the clothing worn, items whose packaging is not original, incomplete items, items damaged by neglect, misuse or repaired by third party or by the Buyer itself. In case of abnormal or abusive returns, the Seller reserves the right to refuse an order.

 

The Buyer will specify the order number to which it refers, contact information and indicate if he wants a refund or exchange. Without such information, the Seller may not comply with the referral and refound.

Items should not be soiled, torn, washed, or damaged. They must be returned to:

Isabelle Giroux - Rue des grands prés 93-7000 Mons (Belgium).

Buyer is responsible for the Product (s) until it reaches the Seller. Seller will not make the refund of returned goods that are lost.

If the above conditions are met, the Seller will send an email notification to the buyer and the refound will be processed within 30 business days. This refound refers to the value of the returned goods at the time of purchase and does not include the return fee which remain the responsability of the buyer. The refund will be credited to the bank account or the credit card used during the settlement of the Product (s).

The right of withdrawal provided in these Terms and Conditions shall apply only in the strict context of the application of the Consumer Protection Law.

 

Towards the consumers, the seller guarantees the products he sells and the services provided according to the law of the first September 2004 relative to the consumers protection in case of the sale of consuming goods (articles 1649 bis to 1649 octies of the Civil Code)

 

Isabelle Giroux is the guarantor of the guarantee obligation. The warranty is limited to Belgium.

 

However, the guarantee does not apply if the defect originated in mishandling, deterioration or improper use of the product by the customer.

 

If your product is defective within the warranty period, you should contact Isabelle Giroux to the examination, repair or replacement. If the product can not be repaired and can not be replaced with the same or equivalent, you will be reimbursed in the form of a gift card.

Flaws or damages due to a wrong use such as washing damage, oxidation, fall or shock, negligence and wear, are not covered by the guarantee.

 

The invoice or the delivery note will act as a guarantee title and must be conserved by the consumer (only originals).

 

 

ARTICLE 8: CLAIM

You want to let us know a claim? Our customer service is here to help.

 

Please contact us by e-mail at  info @ isabelle-giroux.com  or mail to Isabelle Giroux, Rue des grands prés 93, 7000 Mons, describing as precisely as possible the subject of your claim including your contact and / or your order number.

 

A reply will be provided within 5 working days. In the absence of a reply from us within ten working days, please contact us again. We will do our best to help you and find a solution.

 

 

ARTICLE 9: NON-RENUNCIATION AND NULLITY

The fact that Isabelle Giroux decides, at some point, to not apply one of these Terms and Conditions or Legal notices dispositions does not lead in any way permanent renunciation of such dispositions.

 

The invalidity of one of these Terms and Conditions dispositions shall not affect the effective enforcement of the remaining dispositions.

 

 

ARTICLE 10: APPLICABLE LAW AND JURISDICTION

The contractual relationship between the Parties shall be governed exclusively by Belgian law. Mons Belgian courts have exclusive jurisdiction.