General Terms and Conditions of Sale
The website www.delvaux.com (the “Website”) is operated by Delvaux Créateur SA (hereinafter "Delvaux", “we” or “us”), a Belgian company with headquarters at Boulevard Louis Schmidt 7, 1040 Etterbeek, Belgium, and registered in the Brussels Commercial Register under number 400.613.859. Delvaux may be contacted by phone on the number +32 2 738 00 40 and by email at the following address: firstname.lastname@example.org.
Please read the following terms and conditions (the "Terms and Conditions") carefully before ordering any product on this Website. Any order through this Website will be subject to these Terms and Conditions.
Delvaux reserves the right to amend these Terms and Conditions at all times without notice. We invite you to check the latest version of the Terms and Conditions before placing an order. If you order products after we post changes to these Terms and Conditions, you confirm your acceptance with the new terms.
The products shown on our Website are intended to be sold exclusively to end buyers who are natural persons, acting exclusively for their personal needs and not directly related to a commercial activity.
By placing an order through this Website you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.
2. Product offerings
A. General - Availability
All products shown on the Website are subject to availability. Although we seek to publish information on the Website that is, to our best knowledge, correct and up to date, certain products shown on the Website may no longer be available for purchase. No rights can be derived from typing errors, products descriptions or manifest errors (such as products incorrectly priced) on the Website.
We make our best efforts to produce high quality images of our product selection. However, minor differences in colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons.
The product offerings on our Website are non-binding and only constitute an invitation to the customer to place an order. All orders are subject to acceptance by us. Delvaux reserves the right to change the products offered on the Website at any time.
You may order, on this Website, products that are not yet manufactured and for which you make a “pre-order. These pre-ordered products are also subject to availability and Delvaux gives no warranty about their production or manufacturing. In case the product is not cannot be made available for any reason whatsoever, you will be reimbursed from all amounts that you would have paid.
Order and acceptance
A. Order process
Once you have chosen a product you wish to order, click on the “Order now” or “Pre-order now” button. The selected product will be placed in your “Shopping Bag”. You can monitor at any time the products you have selected by clicking on the "Shopping Bag" button, and remove or add any product.
When you have completed your selection and wish to confirm the contents of your "Shopping Bag”, proceed to “Checkout” and follow instructions. You will be asked to enter your name, address of residence, e-mail address and telephone number, and delivery address.
Once this information has been duly entered and confirmed, the price of the products and any eventual charges shall automatically be displayed. Please verify the accuracy of this selection before confirming the order. If you agree with the selection and the price, please click on the “Continue to payment” button. You will then be required to enter your payment details. By clicking on the "Continue to payment" button, you place a binding order for the products in your Shopping Bag.
All orders must be paid at the time of ordering. We accept the following payment methods: Diners, Discover, JCB, Maestro, Mastercard, Visa, Amex.
The products remain the property of Delvaux until the purchase price has been paid in full by the customer. Irrespective of the title of property, the risk of loss and damage shall pass to the customer at the time of delivery.
C. Order confirmation
The order is successfully completed if it has been confirmed by Delvaux with a confirmation e-mail. This confirmation e-mail does not yet constitute the acceptance of the customer's order by Delvaux. All orders are subject to availability and acceptance. We reserve the right not to accept your order. Such non-acceptance may result, for example, from the fact that (i) products are shown on the Website but are no longer available; (ii) products shown on the Website contain a manifest price error; (iii) we are unable to obtain authorisation for your payment; (iv) shipping restrictions apply to a product. We will inform you about the inability to supply the products without undue delay and will reimburse you immediately for any sums which have already been paid for the unavailable products.
The purchase contract is deemed to have been concluded when you receive a confirmation from Delvaux that the products have been shipped to you.
The products are sold at the price in effect at the time of the order, as indicated on our Website. The prices are shown in euros, inclusive of VAT and inclusive of the delivery costs that are offered by Delvaux Orders are payable in euros, irrespective of the delivery address or the customer's residence. Delvaux will manage to pay any customs duties or any other similar local charges or taxes. Any such custom duties, similar taxes or charges will be paid by Delvaux and Delvaux will also manage to make any necessary declarations to the competent authorities of the country of delivery.
Delvaux reserves the right to adapt its prices at any time, but the changes shall not apply to any orders for which you have received a confirmation e-mail, unless there is a manifest price error. In this case, we will inform you of the price problem as soon as possible. You may cancel your order when we inform you of the error.
A. Covid 19 crisis
To help slow the spread of the COVID-19 and protect the safety and wellbeing of our team members and clients, we have temporarily closed our atelier and our boutiques. You may continue shopping on our Website. However, please note that the delivery delays may be extended, due to this exceptional situation.
B. Delivery schedules
We aim to deliver your order within a delay of 3 to 5 working days after your order. If, for any reason whatsoever, the products are not delivered within 30 days of the order confirmation email, you are entitled to cancel the contract and be refunded for any amounts paid to you.
Delivery times vary depending on the type of product you order, the availability of the product, your delivery address and the delivery method you choose. Delivery dates are indicative and shall not be regarded as strict deadlines. When you order a product in "pre-order" the delivery time can be extended or at least be different from a product already in stock. Delvaux may therefore provide for a different delivery timeframe depending on whether certain products have been pre-ordered and whether certain products are in stock at the time of the order.
C. Countries of delivery
We will deliver the products to the delivery address that you indicated when placing the order. We only deliver to addresses within the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. Orders cannot be placed for delivery addresses situated outside this territory. Unless agreed otherwise, the suitable mode of delivery and the carrier is determined by Delvaux.
D. Delivery processes
At the end of the ordering process, we will provide you with the various shipment methods available for the purchased product and the chosen delivery address.
Delvaux is entitled to make partial deliveries of products subject to a single sales agreement. Additional delivery costs will be borne by the Delvaux.
E. Return process
1. Withdrawal notification
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period will expire after fourteen (14) days from the day of delivery of the product(s). If several products are ordered in a single order and delivered separately, the period of fourteen (14) days is calculated from the date of delivery of the last product.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to the following address:
DELVAUX CREATEUR SA
Boulevard Louis Schmidt 7
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. The return is successfully completed if it has been confirmed by Delvaux with a confirmation e-mail.
The right of withdrawal does not apply to the supply of products made to our client’s specifications or clearly personalised.
2. Return costs and return label
Delvaux will pay the return costs. You will be able to return the products by using the DHL services and by following the return process as described in your package. You will also find in your package a return label that you will just have to stick on your return package. If you lose your return label, you can contact our client service at the following address : email@example.com.
3. Liability regarding the products condition
The products must be returned in the same condition as they were delivered. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature and characteristics of the products. You must ensure that the products are intact, that they have not been used, worn or damaged in any manner whatsoever. We reserve the right to refuse the return of products which have been damaged or deteriorated or which are in a condition that clearly shows that they have been used for purposes other than the controls which are strictly necessary for the evaluation of the nature and characteristics of the products.
4. Reimbursement of returned products
If you withdraw from this contract, and return your products we will reimburse to you all payments received from you, (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we will have received the products in return. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
6. Inspection and defects
A. Defaults notifications
You must inspect the products at the time of delivery and notify any lack of conformity or defects in writing without undue delay. This notice shall be deemed to have been made without undue delay if it is sent within five working days after delivery or, if the defect was not apparent during a normal inspection, no later than within three working days after the defect has been detected. If you fail to provide such notification, the products shall be deemed to be approved by you.
B. Replacement of defected products
In the event of a non-conformity or defect in the product, you are entitled to request the repair of the defect or the replacement by another defect-free product. We are entitled to refuse the repair or replacement requested by the customer if such repair or replacement would result in unreasonable costs. If the product cannot be repaired or replaced within a reasonable period, you are entitled to cancel the sales agreement, reduce the purchase price or claim damages, in each case in accordance with applicable law.
This warranty does not affect your legal right as a consumer pursuant to articles 1649bis et seq. of the Belgian Civil Code or any mandatory statutory right that you may have based on local national law.
7. Intellectual property
Delvaux is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) related to the Website and the products. Your use of the Website does not grant you any right, title, interest, or license to any such Intellectual Property rights. Except as provided in these Terms and Conditions, any use or reproduction of the Intellectual Property is prohibited. You may not, in particular copy or reproduce the Website and/or any part thereof, including the photos of the products.
8. Limitation of Liability
To the extent permitted by applicable law, either party’s liability is limited to losses which are typical of this type of contract and which were foreseeable at the time the sales contract was concluded. These Terms and Conditions do not purport to exclude or limit either party’s responsibility for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by the responsible party’s failure to use reasonable care and skill; or for gross negligence or wilful misconduct.
9. Force majeure
Neither Delvaux, nor the customer shall be held liable to the other party for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is due to an event beyond the reasonable control of such party including, but not limited to, the following events: strikes or labor disputes, embargo, epidemic, disease, natural disasters, governmental provisions, wars, fires, floods, explosions or popular movements. For avoidance of doubt, nothing in this article 10 authorises the customer not to fulfil its payment obligations. The existence of a force majeure event shall justify the suspension of the obligations of the party affected by force majeure. If such period of delay exceeds sixty (60) calendar days from the date of commencement of the force majeure event, then either party may terminate the applicable order immediately upon written notice to the other party.
10. Protection of personal data
You may exercise your rights (e.g. the right of access, rectification, deletion, opposition, etc.) by mail: Delvaux Design Coordination et Finance S.A., attention of the head of the legal department, 7, Boulevard Louis Schmidt, 1040 Brussels, Belgium; or by email to firstname.lastname@example.org.
Whenever possible, the provisions of these Terms and Conditions shall be interpreted in such a manner as to be valid and enforceable under the applicable law. If a provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, that prohibition or unenforceability shall not invalidate the remaining provisions thereof which will remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
12. Applicable law and jurisdiction
These Terms and Conditions shall be governed and construed in accordance with Belgian law, excluding the UN Convention on Contracts for the International Sale of Products. Any dispute arising from, or related to, the use of the Website, the purchase of products and/or these Terms and Conditions will be referred to the Courts of Brussels (Belgium). The consumer is entitled to bring legal actions against Delvaux before the local courts in its country of residence.
You may also make use of the EU platform for out-of-court online dispute resolution. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/.