Delvaux e-Shop

General Terms of Sale of DELVAUX CREATEUR for the www.delvaux-eshop.com website.

The consumer has the right to withdraw the order or the purchase, without penalty and without statement, within seven working days from the day following the day of delivery thereof. This does NOT apply to personalized Products.

1. Preamble

The present General Terms of Sale (hereinafter referred to as the “Terms”) are concluded between:

On the one hand,  a limited liability company incorporated in Belgium  DELVAUX CREATEUR , with its registered offices at Boulevard Louis Schmidtlaan 7, 1040 Brussels (Belgium) and registered with BCE 0400.613.859 and VAT BE-400.613.859
Telephone: +32 2/738.00.40 Fax: +32 2/738.00.50  Email: info@delvaux.com.

hereinafter referred to as “DELVAUX”,

And, on the other hand, the persons wishing to purchase an item on the commercial Web site www.delvaux-eshop.com (hereinafter referred to as the “Website”), to which the access is limited to individuals acting only for private purposes. Other types of orders may be directed to the following service: Exclusive Gifts and Services (adu@delvaux.com).

hereinafter referred collectively to as the “Customers” and individually as the “Customer”.

DELVAUX and the Customers are hereinafter collectively referred to as the “Parties”. 

Goods may be delivered to most countries in the world. These countries are indicated on the www.delvaux-eshop.com Website in the “Delivery” section.

DELVAUX sells its products solely by means of in-home shopping via the aforementioned Website and via different agreed points of sale and partners.

Every other source of supply must be seen as prohibited. DELVAUX would like to draw special attention of its Customers on the existence of counterfeited goods, especially on the Internet. Every suspicious offer may be notified using the following email address: info@delvaux.com.

2. Purpose

The purpose of the present Terms is to define the terms and conditions of the relationship between DELVAUX and its Customers, applicable to the order, use of the services made available by DELVAUX, payments and deliveries. They cover all of the stages required to place an order and the order follow-up by the Parties.

Any differences in application of the present Terms, depending on whether the Customer is a private individual or a company, are clearly stated.

3. Scope

The present Terms govern the sale of the Products listed on the Website, at the time the order is placed by the Customer.

They apply to all of the methods of placing orders offered by DELVAUX via the Internet. 

4. The order

Capacity to enter into a purchase agreement
The Customer acknowledges his legal capacity and competence to enter agreements and to be legally bound by the present Terms.
 
Acceptance of the Terms by the Customer
The present Terms may be read directly on the Website. On request by the Customer, they can also be sent by e-mail, fax or postal mail.

Ticking the box marked “I have read and accept the General Terms of Sale” before validating an order automatically implies express, unrestricted and unconditional acceptance of the present Terms by the Customer. By doing so, the Customer acknowledges that they have read and understood the present Terms, and agree to them.
 
Characteristics of the products
DELVAUX  endeavors to present as clearly as possible the important characteristics of the Products on the fact sheets. The Customer must read these.

DELVAUX reserves the right to modify the selection of Products available.

The information and photographs are provided for informational purposes only and are not legally binding and therefore do not replace an analysis of the Products at the shops of DELVAUX.

Unless otherwise specified on the Website, all of the Products sold by DELVAUX are new and comply with current applicable legislation.
 
Order date
The order date is deemed to be the date of validation of the order by the Customer.
Delays specified on the Website only begin on the order date as described above. However, the availability of the Products is that indicated on the Website, provided that the order was validated online on the Website, and that the order date (date of actual payment) occurs within  twenty-four hours after the date of validation of the order.
 
Price
For each Product, the price is given in Euros and does not include delivery fees. They include VAT at the rate applicable on the order date. Applicable VAT exemptions, if any, are also taken into account before validating the concerned order. Any change in the applicable rate may be reflected in the price of the Products after the date of entry into force of the new rate.
The prices indicated on the Website may be changed at any time. They may also be modified for introductory releases prices, special offers or sales.

The prices indicated are valid, provided there is no obvious misprint.

The applicable price is that indicated on the Website on the date of validation of the order by the Customer, so far as the effective payment of the order, after validation, takes place within twenty-four hours.
 
Delivery fees
The delivery fees are invoiced to the Customer according to the weight and size of the parcel (including possible packaging and gifts), the place of delivery, and the carrier or method of transport chosen.

The Customer is informed of these fees before final validation of the order.

Free delivery may be offered on a one-off basis in connection with promotional marketing campaigns by DELVAUX.

The delivery fees are indicated on the www.delvaux-eshop.com Website in the “Delivery” section.
 
Discounts and gifts
In the event of a computer problem resulting in the duplication of discounts or gifts, the invoice will be blocked until the price is adjusted or the order is cancelled.

Gifts are offered depending on the Product bought. The discounts, sales codes and gifts are valid for the period indicated on the Website, in the letter or in the e-mail attached to the description of the special offer, and are subject to the products availability.

Placing of orders
Customers place orders on the Website.

In all cases, at least the following information (whose authenticity and accuracy is guaranteed by the Customer) regarding the Customer's identity must be included to register the order:

- all details usually required for online registration and orders.
- The Customer must clearly identify the Products selected with the references given on the Website and he/she must review his/her order carefully before validating.
For Products for which options are available, these specific references appear when the right options have been selected.
- The Customer must also specify the required quantity.
- The Customer must clearly specify and review all of the delivery details. In particular, this includes the exact delivery address as well as any restrictions on access to the place of delivery (cf. paragraph concerning delivery).
- The Customer shall indicate and review the method of delivery chosen and the desired packaging.
- Finally the customer must also specify and review the chosen method of payment.
 
Availability of the Products
If DELVAUX has ran out of stock and must manufacture the ordered Product, it will notify the Customer of the expected delay by e-mail. The Customer can then choose to cancel the order based on this new information. No cancellation fee will be charged for cancelling an order in this case.

DELVAUX undertakes to fulfill the received orders subject to availability of the Products within its own stock DELVAUX undertakes to inform the Customer as quickly as possible if the Product(s) is/are unavailable. The Customer can then elect to cancel or modify the order.

Order confirmation
An e-mail is automatically sent to the Customer to confirm receipt of the order, provided that the e-mail address given on the order form is correct. This e-mail serves mere informational purposes and also aims as a future reference. Therefore, the Customer must store it. 

DELVAUX will store an electronic copy of the documents concerning the orders of the Customer.

5. Order cancellation - Right of withdrawal

Except for personalized Products, DELVAUX grants its Customers the opportunity to cancel their orders at any time before shipping by DELVAUX or before receipt by the Customer. Conversely, once validated, an order cannot longer be modified.

There are several possibilities:

- The order has not been dispatched: DELVAUX will then immediately register the cancellation of the order.

- The order has already been fully or partly dispatched. DELVAUX will register the cancellation of the Products that have not been dispatched, and the Customer can refuse to accept delivery of the parcel already dispatched within seven working days following the date of delivery.

In both cases Customers are advised to notify the Client Service of DELVAUX of the cancellation before returning any Product. This can be done at the following address: e-shop@delvaux.com.

In any case, Customers are entitled to cancel their order and return the Products within seven working days following the delivery date.
In all cases, exchanges or refunds must be requested from the DELVAUX Client Service and the product(s) must be returned: e-Shop@delvaux.com or +32 2/741.63.88 (from 10.00 am to 6.00 pm (GMT), Monday - Friday).

The right of withdrawal applies individually to each product of a given order.

DELVAUX reserves the right to claim a compensation for possible damage occurring to returned Products. The costs inherent on returning or exchanging the Products are to be paid by the Customers.

6. Payment

Means of payment
 Customers can pay their order online on the Website by bank card (Visa, MasterCard, American Express).

They warrant DELVAUX that they have all the authorizations required and the required capacity to use the chosen method of payment.

DELVAUX shall take all necessary steps to ensure the security and confidentiality of the data transmitted online (Online payment on the Website), through the usage of SSL (Secure Socket Layer). The transaction is carried out through a specialized organization, which solely receives online provided bank details at the time of payment.
 
Invoice
Neither the purchase order that the Customer draws up online, nor the order confirmation sent to the Customer by e-mail by DELVAUX constitutes the invoice. Whatever order or payment method is used, the Customer will receive the original copy of the invoice with delivery of the Products, inside the parcel (or at the indicated billing address, if different).

DELVAUX shall keep a copy of each invoice.
 
Payment date
The Customer’s account is debited when the order is validated.

Transfer of ownership
DELVAUX remains the owner of the ordered Products until the Customer has fully paid them.

The transfer of risk of loss or damage to the Products shall have effect as from the Customer’s acceptance of the parcel.

7. Delivery

Shipping lead times
Every working day, a statement is drawn up of the orders placed online on the Website. All orders placed up to the time of drawing-up of the statement are processed the next day by DELVAUX.

As a rule it can take up to two working days to prepare an order, in particular for the processing of the order, the preparation and packaging of the Products, and drawing-up of the invoice, before the dispatch of the available Products.

The handling of a personalized order can take up to ten working days.

The aforementioned periods start running from the handing over to the transportation company and do not contain the actual period of transportation.

If it appears impossible to comply with the aforementioned delivery period, a new period will be notified at the Customer. The new delivery time will be based on the information available to DELVAUX at that time. In such a case, the Customer will also be given the option to cancel the order. The Customer has therefore to confirm the delayed order. Moreover, for certain methods of payment, together with an option to cancel the order, the Customer may also be offered a refund, if certain payment has already been made.

DELVAUX informs its Customers that these periods indicated above do not include Saturdays, Sundays or public holidays.

DELVAUX may be compelled to split the shipments if some of the Products are not available in the normal delays. The available Products may therefore be shipped first, and the remainder of the order will be shipped when the other Products are available. An e-mail is automatically sent to the Customer at the time of dispatch of the Products, provided that the e-mail address given on the registration form is correct.

The aforementioned periods are given on a solely indicative basis, with restriction of eventual contingencies beyond DELVAUX’s control.
 
Transport lead times
The transport lead times depend on the carrier chosen by the Customer.

DELVAUX shall inform the Customer of the approximate delivery lead-time indicated to it by the carrier chosen. The Customer is informed of this approximate delivery time when choosing the method of transport or carrier, at the end of the online order process, before confirming the order.

However, DELVAUX hereby informs its Customers that these lead times do not include Saturdays, Sundays or public holidays.

The transport lead times are indicated on the Website in the “Delivery” section.
 
Packaging
The Products will be packaged in compliance with current transport standards, to ensure maximum protection of the Products during delivery. Customers are asked to comply with the same standards when returning Products, DELVAUX reserves the right to claim partial repayment of the price of the product if it cannot be resold in its present condition, or in the event of worsening of the technical problem indicated.
 
Tracking of orders
Customers can track their orders at any time if the chosen carrier has made this option available. DELVAUX cannot be held responsible for any unavailability of or mistakes in the information provided by the carriers. DELVAUX shall nevertheless endeavor to make this information as clear as possible and to ensure that its carriers are as reliable as possible.
The Customer may contact the DELVAUX Client Service at any time during its opening hours, for information regarding the status of their order.
 
Delivery services
DELVAUX offers its Customers various carriers and delivery modalities.
DELVAUX likes to remind its Customers that:

- The delivery address (which may differ from the invoice address) must be correct and must include all of the information required for delivery.

- For the ‘Privilege Delivery’, Customers must clearly indicate a mobile phone number where they can be easily contacted and the Customer has to ensure himself of being present at the notified address at the agreed time.

- If the delivery address is incorrect, the place of delivery cannot be accessed, the mobile phone number for arranging a special appointment is incorrect and the Customer is absent, or any other difficulty arises making it necessary to carry out a new delivery, the new delivery may be subject to the payment of the actual cost of the new delivery.

8. Guarantees

Defaults relating to delivery
- Late delivery due to the carrier
In the event of failure to meet the delivery lead time indicated by the carrier, the Customer must first contact the carrier. The carriers sometimes lose parcels. The carriers require the Customer to declare any loss within ten days of receipt of the dispatch notice from DELVAUX.
If the parcel is not to be found, DELVAUX will deliver the same Product again (subjected to availability) or offer to refund the Customer.
- Damaged parcels
The Customer must check the condition and the content of the parcel in the presence of the carrier and record any reservations on the delivery slip, if the parcel is totally destroyed or partly damaged. If no reservations are expressed within seven working days following delivery, the latter is deemed accepted by the Customer. After expressing these reservations, the Customer must notify DELVAUX by e-mail, so that DELVAUX can take the necessary steps as quickly as possible, both in order to return the Product to its warehouses, and to carry out a new delivery. If DELVAUX is not notified, it cannot be held responsible if it takes a long time to carry out a new delivery.
- Strikes
In the event of strike or any other exceptional event beyond DELVAUX’s control; DELVAUX will make every effort to inform the Customer of the delivery status of the parcel, but cannot be held responsible for the delays caused.
 
Statutory warranty
Notwithstanding the specific guarantees provided, DELVAUX hereby informs its Customers that they have a statutory warranty of two years.

Liability
DELVAUX is released from its obligation to deliver in the event of a case of force majeure.
DELVAUX disclaims all responsibility for inappropriate or incorrect use of the Products ordered by Customers.

Personal data
The customers agree and are fully aware of the Internet being not a medium where every data transmission can be held in a secured way. As a consequence, no watertight guarantee can be given regarding to privacy, this with exception of special secured parts of the Website, that will be clearly indicated. 

DELVAUX spends all necessarily attention towards the Law of 8 December 1992 on
privacy protection in relation to the processing of personal data and its most recent modifications.

Only personal data that are provided by the Customers with their full consent are registered and stored in the DELVAUX files and could be used for promotional purposes by DELVAUX. DELVAUX offers to its Customers the possibility to have a subscription to a newsletter of promotions and/or future sale events. The Customer is able to change his account on any giving time on the Website or by use of the hyperlink at the bottom of the concerned e-mail.

The personal data requested when placing an order are required for the delivery of the Products. The personal data are only stored during the time required to terminate a given order. None of these data will be notified to a third party nor exploited for commercial purposes.

For security reasons or for registration of the number of visitors of the Website, DELVAUX shall store the following data: Date and hour of visitation of the Website, IP-address, consulted webpage’s, browser and country of origin.

No data is being registered, nor notified to a third party, nor used for a commercial purpose without the knowledge of the Customers, without prejudice of what precedes.
The Customer can access his/her personal data at any time and require correction or deletion from the files of DELVAUX. Such request may be sent to: e-shop@delvaux.com.
 
Intellectual property
All of the visual and sound elements of the Website, including the underlying technology used, are protected by copyright, trademarks or patents. They are the sole property of DELVAUX.

Any person who owns a Website and wishes to create a direct hyperlink from it to the Website must ask DELVAUX for authorization to do so. Such authorization granted by DELVAUX shall in no manner constitute an implicit affiliation agreement, and shall in no manner be granted on a permanent basis. This link must be removed on request by DELVAUX.

All Hypertext links to the Website that use techniques such as “framing”, “deep-linking” or “in-line linking” are strictly forbidden.
 
Validity of the Terms
Any change in the legislation or regulations or a court ruling that invalidates one or more of the clauses of the present General Terms of Sale, cannot affect the validity of the present General Terms of Sale. Such a change or ruling cannot on any account allow Customers to disregard the present General Terms of Sale.

Any requirements that are not explicitly dealt with herein shall be deemed to be governed by normal practice in the in-home shopping sector for companies whose headquarters are located in Belgium.
 
Duration and application
The present Terms apply to all purchases made on the Website as long as the www.delvaux-eshop.com store is online.

The present Terms are precisely dated and may be amended at any time by DELVAUX. The applicable Terms are those in force at the time of recording of the order.
 
Jurisdiction and applicable law
The present General Terms of Sale and the relations between users and www.delvaux-eshop.com are subject to Belgian law. Any dispute for which an amicable settlement cannot be found shall be referred to the competent Courts of Brussels.

We have teamed up with Fedex to make sure that your purchase is as smooth and satisfactory as possible.
The price and timing of delivery will depend on your order's destination. 

Delivery to Belgium:

For Belgium, Delvaux deliveries reach their destination in an average of two to three working days. The delivery service is supported by MIC.
Handling and delivery fee: €15

Delivery to Europe:

For Europe, Delvaux deliveries reach their destination in an average of two to five working days.
Handling and delivery fee: between €43 and €97

Delivery to the United States:

There is a quick delivery service to the United States, arriving in an average of two to seven working days.
Handling and delivery fee: €100

Delivery to the rest of the world:

Deliveries to the rest of the world will take between two and seven working days on average.
Handling and delivery fee: €110

Countries delivered to are as follows:

Albania, Algeria, Andorra, Angola, Anguilla, Antartica, Antigua/Barbuda, Argentina, Aruba, Ascension Islands, Australia
Bahamas, Bahrain, Barbados, Belarus, Belize, Benin, Bermuda, Bolivia, Bosnia Herzegovina, Botswana, Bouvet Island, Brazil, Brit. Ind. Oc. Ter, British Virgin Islands, Burkina Faso, Burundi
Cameroon, Canada, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, Christmas Island, Cocos Islands, Colombia, Comoros, Congo, Cook Islands, Costa Rica, Ivory Coast, Croatia, Cuba
Djibouti, Dominica, Dominican Republic
East Timor, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia
Falkland Islands, Faroe Islands, Fiji, French Polynesia, French Guiana
Gabon, Gambia, Ghana, Gibraltar, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guinea, Guinea-Bissau, Guyana
Haiti, Heard/McDonald Islands, Honduras
Iceland
Jamaica
Kenya, Kiribati, Kuwait
Latvia, Lesotho, Lebanon, Liberia, Liechtenstein
Macedonia, Madagascar, Malawi, Mali, Marshall islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Minor Outlying Islands, Moldova, Montserrat, Morocco, Mozambique
Northern Mariana Islands, Namibia, Nauru, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Norway
Palau, Panama, Papua New Guinea, Paraguay, Peru, Pitcairn Islands, Puerto Rico, Reunion
Rwanda
Sao Tome and Principe, Saint Lucia, Samoa, American Samoa, San Marino, Senegal, Serbia-Montenegro, Seychelles,  Sierra Leone, Solomon Islands, Somalia, South Africa, St. Helena, Saint Kitts and Nevis, St. Pierre and Miquelon, Saint Vincent and the Grenadines, Sudan, Suriname, Svalbard, Swaziland, Switzerland
Tanzania, Togo, Tokelau Islands, Tonga, Trinidad and Tobago, Tunisia, Turks and Caicos Islands, Tuvalu
Uganda, Ukraine, United Arab Emirates, Uruguay, US Virgin Islands
Vanuatu, Vatican City State, Venezuela
Wallis and Futuna Islands
Zambia, Zimbabwe