Sales Conditions
I LEGAL TERMS
A. INTRODUCTION
1 www.the-ateljè.com (the"Website") is owned by and/or operated by or on behalf of THE ATELJE, incorporated in Belgium. If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any goods purchased by you through the Website or through any Applications (as defined below), please contact THE ATELJE at:
2 These terms and conditions were last revised on June 20th, 2024.
B. USE OF WEBSITE
1 These terms and conditions and any other policies referred to in these Terms and Conditions (including any policies or documents to which a link is provided from these Terms and Conditions) (together the"Terms") apply to your use and access to the Website and any other website or application permitting you to place an order with us for any goods and services (such websites and applications being the"Applications"for the purpose of these Terms) including all orders submitted by you for any goods or services made available by us for purchase through the Website and/or the Applications. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or Applications you acknowledge that you have read, understand, and agree to be unconditionally bound by these Terms and we therefore advises you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing the Website and all Applications immediately. TheseTerms and Conditions may be changed and updated from time to time and any changes will be effective from the publication of the amended Terms and Conditions on the Website or relevant Application. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
2 Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
3 By registering on the Website, you agree that all the information you provide is true, accurate and not misleading in all respects and that you undertake to notify our customer service team of any changes related to that information.
4 We may change, withdraw, or suspend access to this Website (in whole or part and permanently or temporarily) with or without notice and with no liability towards you.
5 This Website may include links to other websites or resources ("Linked Websites"). We have no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from this Website, we are not liable for the availability of the Linked Websites, and is not liable in any way for the content of the Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore we will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
6 We may deny access to this Website at any time in its sole discretion.
8 We will not be responsible, or liable towards you or any third party, for the content or accuracy of any materials posted by you or any other user of this Website and you hereby agree to be responsible towards us and indemnify, defend and hold usharmless and keep us indemnified against all costs, damages, expenses, losses and liabilities (including reasonable attorney's fees) incurred and/or suffered by us as a result of any claim in respect of your use of the Website or any activity related to your account by you or any person other than ourselves.
9 We have the right to remove any material or posting you make on the Website in its sole discretion.
C. DISCLAIMER
We do not guarantee that all goods presented in the web shop are in stock at the time of your order. In the event that goods are unavailable, we will contact you at short notice by phone or by e-mail. We cannot guarantee that the content of the Website is free of inaccuracies or typographical errors at all times. Neither can we guarantee that all information is up-to-date. we may, at any time, amend the content of the Website. Although we aim to display correct information, descriptions, images and pricing on the Website and web shop, errors may occur. If you have been charged the wrong amount in the web shop, you will be given the option of placing a new order at the correct price or canceling your order. We, however, reserve the right to cancel any order prior to dispatch should we deem that the price is incorrect. In such case we will notify you by email. If we are unable to contact you, your order will be automatically cancelled. Part of the services mediated through the site are maintained by outside organizations. In situations where we acts as agent for such services, we can not be held liable for any errors resulting from their activities. We cannot be held liable for any damage caused by using the Website or, for that matter, not being able to use the Website. We cannot guarantee problem-free, uninterrupted, and secure access to the Website at all times.
D. TRADEMARKS
Our trademarks include (amongst others) the The Ateljè brand, name and logo. These trademarks are registered worldwide and your use of or access to this Website does not grant you any rights to use or reproduce these trademarks.
E. RESALE POLICY
You may purchase goods on the Website for personal use only and not for resale. By placing an order on the Website you certify that you are purchasing goods for your own personal use and not for resale and that you accept our Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.
F. PRIVACY POLICY
All provided personal information will be handled with utmost care. The information that THE ATELJE stores will not be sold or used for any purposes other than ensuringthe best service possible. It will solely be used for informing you about special offers and other marketing opportunities. Your personal data may be disclosed to third parties only when it is necessary to fulfill the purposes described above. When registering on the Website, you may opt to not receive any further commercial information from THE ATELJE. If you wish to end your subscription, you may make the changes in your account settings or send an email to us? State your name and email address and a short description of the matter in the email message. For security reasons, THE ATELJE does not store any payment information in our database.
G. LINKS
The Website may contain links to other websites beyond our reach. THE ATELJE cannot be held liable for content or privacy policies of such sites.
H. FORCE MAJEURE
In case of Force Majeure, THE ATELJE obligations will be suspended. The contract between you and THE ATELJE can, in any such event, be partially or fully terminated by yourself or by THE ATELJE. A Force Majeure is in the event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Under such circumstances, THE ATELJE will however attempt to resolve all issues in a timely manner.
I. GOVERNING LAW
These Terms and Conditions of use are established in accordance with and governed by Belgian law and the Belgian courts will have exclusive jurisdiction for any dispute arising thereof. The laws of your country may differ from the Belgian laws and there may be additional legal requirements affecting the use this Website. You must at all times comply with all applicable local and international laws and regulations regarding your use of our Website.
II ORDER POLICY
A. RIGHTS TO REFUSE
THE ATELJE reserves the right to limit the quantities of goods that it supplies, and/or to refuse any order that is unusual or placed in bad faith. In addition, THE ATELJE reserves the right to refuse any order from a client with whom there is a dispute concerning the payment of a previous order of for any other reason.
B. PRICES
1 All prices of goods on this Website are stated in euro and are the price for the goods only. They do not include any applicable sales tax payable. They do not include the charge for delivery.
2 THE ATELJE endeavors to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and goods may be mispriced. If the goods’ correct prices are lower than the prices stated on the Website, subject to THE ATELJE right to refuse an order . THE ATELJE will charge the lower amount and send you the goods. If goods correct prices are higher than the price stated on the Website, THE ATELJE will, at its sole discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. THE ATELJE will not be obliged to supply goods at an incorrect price. If THE ATELJE has taken an advance payment in circumstances where pricing information is incorrect, THE ATELJE shall endeavor to refund the payment taken as soon as possible if the goods have not been shipped.
3 THE ATELJE may vary the prices of goods listed on this Website at any time and without any notice but such changes will not apply to goods in respect of which you have been sent a Dispatch Confirmation.
4 Please note that in some countries additional duties, taxes, fees, or similar charges may be payable to your national and local tax authorities on receipt of your delivery or in connection with your order, including without limitation, sales, use, excise, import, or similar taxes or duties. You will be sole responsible for payment of any such duties, fees, and taxes. Please note that THE ATELJE has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. BEN NV will not be liable for any breach by you of any such laws.
C. PAYMENT
1 The following payment modes are accepted:
Visa, Mastercard, American Express and Maestro cards. For Visa, Mastercard and Maestro is authentication requested and are verified by a secure code. Payment is debited from your card once you place the order.
2In the event of overdue payments, interest shall be added to the outstanding amounts on the invoice by order of law and without prior notice of default at a rate of 1% per month as of the invoice date. In case of non-payment and if a demand by ordinary post is not responded to within 14 days, fixed compensation to the value of 10% of the outstanding amount with a minimum of € 50 (fifty euro) and a maximum of € 2.000 (two thousand) will be due.
D. DELIVERY AND SHIPMENT
1 Delivery is made as long as stocks last.
2 The order will be dispatched between Monday and Friday, excluding local and national holidays and festivities. THE ATELJE is not liable for unforeseen delays. THE ATELJE is not liable for unpredictable delays, notwithstanding that, except for cases of Force Majeure, the goods will be delivered within a maximum of thirty (30) days following the day after the submission to THE ATELJE of the order by the Customer. Unless otherwise specified in the order.
3 The goods are sent according to the overview per product (see product section) at both the cost and the risk of the customer to the delivery address given by the customer.
4 In case goods are shipped outside of Europe, costs of duty are to be affected by the receiver of the package.
5 If it is impossible to deliver the goods, the agreement is automatically dissolved. THE ATELJE shall notify the customer in writing before the aforesaid delivery period has come to an end. In the case of partial delivery, each delivery will be considered a separate sale.
6Except if proof to the contrary is provided, THE ATELJE will have discharged its obligation to deliver as soon as the delivered goods have been offered to the buyer once. In the case of home deliveries, the transport operator’s report about the refusal to accept delivery will serve as full proof that the delivery has been offered.
E. RETURNS
1. Returning goods bought in the online shop is possible, if it meets the following requirements:
- the goods are returned within 14 days after the purchased goods were delivered
- the goods are unused and not damaged
- the goods are returned in theoriginal packaging (including labels, accessories and associated documents)
- maximum 1 return per purchase is accepted
THE ATELJE reserves itself the rightto refuse to refund the corresponding amount of the returned goods, if it considers the goods to be used or damaged by debt other than by THE ATELJE or the supplier of the delivery. The burden of proof relies on the customer.
2. IMPORTANT INFORMATION
Goods must be returned to THE ATELJE in perfect condition accompanied by the return form.
Make sure all goods are in exactly the same condition as you received them, including tags and attached seals.
All shoes can only be tried on a carpeted surface until you have decided to keep them.
Shoes should be returned in their original, undamaged shoe box as this is considered to be part of the delivered goods.
Please make sure to return the shoes and shoe box inside another solid carton box in order to not damage the original packaging.
Please return goods through the Website’s return service (provided by customer service centre) to ensure they are protected and insured during transit. However, you may return the goods by any secure transport.
When using the Website’s return service, you will be refunded in the event of theft or loss during delivery to our warehouse.
- Notify the customer service centre by e-mail of your wish to return goods
- You will receive instructions
- Always mention the full description and reference of the goods and the reason for the return on the return document
- Attach the order confirmation you received by e-mail and the return document to complete the package
- Send the goods to the return address, the shipping costs for returns are not paid by THE ATELJE, but by the buyer/returner.
- Non-stamped shipments or COD shipments will be refused
- When your returned goods have been approved by THE ATELJE, your order will be refunded in due course
- Please send the package to the adress provided by mail.
SALES AND PROMOTIONS
No returns are possible.
F. COMPLAINTS or DISPUTES
1.Complaints or disputes should be notified in writing within 14 days after delivery of the goods. If the complaint is considered to be justified, THE ATELJE’s liability is limited to the replacement of the goods and in any way limited to the actual amount paid for the order.
