Terms & Conditions

Terms & Conditions

 

General terms and conditions

 

Definition and scope of application

 

These general terms and conditions constitute the agreement binding the parties, LES VRAIS, situated in Belgium, registered with the CBE under 0506641886 , hereinafter the “LES VRAIS” on the one hand, and “the Customer”, the party interested in buying products from LES VRAIS.

 

“The Customer” is any individual or legal entity who offers to buy products from LES VRAIS by paying for the products shown on the LES VRAIS site.

 

These general terms and conditions can be accessed at any time on the seller’s website. As such, by placing an order with LES VRAIS, the Customer confirms his acceptance of these general terms and conditions.

 

LES VRAIS reserves the right to amend these general terms and conditions at any time without giving prior notice.

 

These amendments shall apply to all orders for products and/or services placed subsequently.

 

Prices

 

The price of the products and services on the “Checkout” or “Cart” page is indicated in euros and unless otherwise stated includes all taxes. Unless stated otherwise, any delivery costs are not included in the price indicated and are calculated separately during the order process, depending on the delivery method and location and the number of products ordered.

 

Order

 

To place an order request, the customer fills his basket on the seller’s website, provides his contact details, billing and delivery address and pays for the order request.

After receiving confirmation of payment of the order from the bank, the customer will receive an order request summary, reiterating in particular the order number, products and/or services ordered and their prices and these general terms and conditions or a link to said terms and conditions.

Your order request is an offer to LES VRAIS to buy the product(s) in your order. When you place an order to purchase a product from LES VRAIS, we will send you an e-mail confirming receipt of your order and containing the details of your order. The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we’ve dispatched the product to you.

LES VRAIS  reserves the right to suspend or refuse the order at all times without any reason. In this occasion the payment will be refund to the Customer. 

 

Right of withdrawal

 

Since all products shown on the LES VRAIS website are only produced, shipped and transported because of the Customer’s confirmation of offering to buy the products, all products on the LES VRAIS website are considered to be “made to Customers specification” and are therefore not eligible for withdrawal in any case.

 

Right of retun

The consumer from the EU (European Union) who orders products and/or services from LES VRAIS has a period of 14 calendar days as from, in the case of products, the date of delivery of the products or notification of their availability at the chosen pick-up point, to notify the seller that he wishes to return the received pieces, without penalties and without stating the reasons.

All orders from a Consumer from outside the EU (European Union) are final and can not be cancelled nor reimbursed by the Consumer. All paid amounts for these orders are final and can not be reimbursed.

The consumer can notify LES VRAIS of his desire to return the goods of purchase by means of an e-mail sent to return@lesvrais.com mentioning the order number, products purchased, date of purchase in the text field of the email. The order request confirmation has to be sent as an attachment of this email, together with all delivery documents received with the delivery packaging.

 

When this deadline expires on a Saturday, Sunday or bank holiday, it is extended to the next working day.

 

The consumer shall return the product(s) purchased in perfect condition, in its/their original packaging, enabling the producer of the goods -LES VRAIS does not produce any goods- to inspect the items in original condition and original unopened state-

The delivery address of the producers of the goods will be informed to the Customer depending on the products of the order request once the Customer has e-mailed his desire to return the goods.

As LES VRAIS buys its products directly from the producer of the goods, these products have to be transported and insured with the right transport company to the addresses of the producers in Japan, China, Mexico or Sweden or any other address sent by LES VRAIS depending on the product bought. Insured airfreight by DHL is the only accepted and safe option to return the goods to the producer of the goods for Ariake, Stellar Works and David Pompa items.

 

All return costs and insurance of the transport shall be exclusively borne by the consumer.

 

When returning the bought goods, goods will be checked completely after receiving them back. They have to be returned back in perfect untouched, unharmed and unopened packaging in order to receive any reimbursement for cancelled orders.

 

LES VRAIS shall reimburse the amount paid minus transport costs and payment partner commissions if applicable within 14 days after the producer of the goods has reported to LES VRAIS to have received the products in perfect condition.

 

The consumer who opens or uses a product before expiry of the return period is deemed to have waived exercising his right of return with respect to this product.

 

The consumer who expressly accepts that the service ordered be provided before expiry of the 14-day period and acknowledges that this will result in him losing his right of withdrawal / return, shall no longer be able to exercise said right in accordance with Article 53 of Book VI of Code of Economic Law.

 

Likewise, the Consumer will be unable to exercise the right of withdrawal in the case of one of the other corrections set forth in Article 53 of Book VI of the Code of Economic Law.

 

 

Delivery

 

The deadlines indicated by the seller are provided for information purposes only and are not binding to LES VRAIS A delay in delivery or completion of the order cannot therefore, under any circumstances, give rise to any kind of indemnity, damages, cancellation of the agreement or suspension of the customer’s obligations. All pieces are produced, shipped or air-freighted and transported over the road only because of the purchase of the Customer and any order request from the Customer will be added to the production queue of the producers LES VRAIS works with and therefore entirely depends on these producers.

 

The order is only delivered to the customer or completed after full payment thereof. The transfer of ownership and risks takes place once the products are sent out for delivery. The customer is consequently informed of the fact that he alone bears the risks related to delivery. Delivery should not be accepted when the goods or their packaging appears damaged. in that case delivery should be denied and the transport company shall take them back. If the delivery is accepted and the customer notices damage inside the box / to the product itself, he or she has to inform LES VRAIS and the delivery company of this damage within 5 business days after delivery.

 

 

Availability

 

The products proposed for sale by the seller are available while stocks last/ on back-order. If the item is only available on back-order the delivery time might vary between 1 week up to 22 weeks.

 

In the case of unavailability of one or more products after payment of the order the seller undertakes to inform the customer at the earliest opportunity and give him the choice between reimbursement, modification of the order or a delayed delivery once the stock shortage of the product(s) concerned has come to an end.

 

Receipt of the order and claims

 

The customer is required to verify the apparent good condition of the products delivered to him and their compliance with the products ordered. Goods should be checked immediately during delivery, as once signed for delivery the transport company is no longer responsible. If the Consumer sees that the box of a product is damaged or any harm is done to the packaging whatsoever the Consumer should deny the delivery informing LES VRAIS about the bad delivery of these goods. The claim has to be made to the transport company in this case.

Any claims shall be made in within 5 working days after receiving the goods in  writing, within as from delivery of the order or notification of the availability of said order at the chosen pick-up point. Otherwise, they cannot be taken into account and the customer shall be deemed to have definitively accepted the order.

 

Any claims regarding the services provided by the seller shall be made in writing, within as from the occurrence of the event giving rise to the claim. Otherwise, they cannot be taken into account.

 

 

If a claim proves to be founded, the seller will have the choice to either replace or reimburse the concerned products.

 

Warranty

 

Warranty regarding the products delivered

 

Legal warranty for all customers

 

In accordance with Articles 1641 to 1643 of the Civil Code, LES VRAIS is required to guarantee the products against hidden defects which make said products unsuitable for their intended use, or which decrease said use thereof to such an extent that the purchaser would not have purchased them or would have paid a lower price if he had been aware thereof.

 

In the event that a hidden defect is observed, the customer shall act rapidly, in accordance with Article 1648 of the Civil Code, and have the choice between returning the product with a hidden defect and obtaining full reimbursement thereof, or keeping it and obtaining partial reimbursement.

 

The seller is not required to guarantee the products against hidden defects which the customer could or should have been aware of at the time of the purchase.

 

Likewise, the seller is only required to guarantee the products against the hidden defects of which he was aware at the time of the sale and of which he refrained from informing the customer.

 

Only the invoice, receipt or voucher constitute warranty certificates for the purchaser vis-à-vis the seller. These documents must be kept by the customer and the originals presented.

 

Complementary legal warranty for customers having the capacity of consumers

 

In accordance with Article 1649 quater of the Civil Code, a purchaser having the capacity of consumer also benefits from a two-year legal warranty for all compliance defects which existed when the product was issued and which appeared within two years as from issuance thereof.

 

This warranty includes the repair or replacement of the defective product, without expense for the consumer.

 

If, however, this repair or replacement is not possible, disproportionate for the seller or would result in serious inconvenience for the consumer, an appropriate discount or reimbursement may be proposed to the consumer, with the return of the defective products by the latter.

 

In the event that spare parts or specific accessories necessary for the repair of the product are no longer available from the manufacturer, the seller cannot be held liable for the loss of possible uses of the product.

 

The consumer is required to inform the seller of the lack of compliance, in writing, within a maximum of two months as from the date on which the defect is observed, under penalty of forfeiture of his right to claim.

 

Only the invoice, receipt or voucher constitute warranty certificates for the purchaser vis-à-vis the seller. These documents must be kept by the customer and the originals presented. The warranty period starts on the date mentioned on these documents.

 

This warranty does not apply in the event of a defect arising from incorrect use, external causes, poor maintenance. usual wear and tear or any use which does not comply with the instructions of the manufacturer or seller.

 

In the event of damage, theft or loss of a product sent for repair, the seller’s liability shall in any case be limited to the selling price of the product. The seller cannot, under any circumstances, be held liable for the loss or reproduction of data stored in or by electronic devices sent for repair.

 

Warranty for services provided

 

The seller undertakes to provide the services with due and proper care.

 

The customer benefits from a guarantee that the services provided comply with the services initially requested. In the event of an anomaly detected during this period, the seller will ensure the correction thereof free of charge and at the earliest opportunity, provided that the seller has been duly informed of the anomalies detected. Services requested following an unauthorized intervention or modification, an error in handling, non-compliant use by the customer or an anomaly caused by the intervention of the customer or a third party are expressly excluded from the guarantee of compliance.

 

The seller represents that the results of the services protected by intellectual property law constitute original creations. In the event that the seller calls on external service providers to provide all or part of the services, it represents that it has obtained all rights and authorizations necessary to provide these services.

 

Consequently, the seller guarantees the customer against any action, complaint, accusation, claim or objection from any person invoking an intellectual or industrial property right, or an act of unfair competition, on all or part of the services provided.

 

Liability of the seller

 

The customer acknowledges that the seller’s obligations are exclusively obligations to use best efforts and that the seller is only liable for his misrepresentation or willful misconduct. In the event that the customer demonstrates the existence of gross negligence or willful misconduct by the seller, the harm for which the customer can request compensation will only include the material harm resulting directly from a wrongdoing attributed to the seller, to the exclusion of any other harm and cannot, under any circumstances, exceed 75% (excluding taxes) of the amount actually paid by the customer for completion of the order.

 

The customer acknowledges that the seller is not liable for any direct or indirect harm caused by the products delivered or services provided, such as, in particular, a shortfall, increase in overheads, loss of customers etc.

 

Likewise, the seller cannot be held liable in the case of communication of incorrect data by the customer, or in the event of an order made in his name by a third party.

 

It is the customer’s responsibility to make enquiries about possible restrictions or customs rights imposed by his country on the products ordered. The seller cannot therefore be held liable if the customer comes up against any restriction or supplementary tax payable due to the policy adopted by his country.

 

Intellectual property

 

The information, logos, designs, brands, models, slogans, graphic charters etc. accessible via the seller’s website or catalogue, are protected by intellectual property law.

 

Unless otherwise expressly agreed beforehand, the customer is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derived works based in full or in part on the elements present on the seller’s website or catalogue.

 

Internet and new technologies

 

The customer is aware of the restrictions and risks related to use of the internet and any other means by which the Website is currently or will in the future be made available. The customer is also aware of the risks of storage or transmission of information by digital or electronic means.

 

The customer accepts that the seller cannot he held liable for any harm caused by use of the seller’s website (as well as any applications) or the internet, following the above mentioned risks. The customer also accepts that the electronic information exchanged and the back-ups created by the seller can serve as proof.

 

Processing of personal data

 

In the context of the order process, the customer who orders as an individual must communicate personal data concerning him such as his surname, first name, email address, telephone number and address. This data is used to process orders. It will only be communicated to the seller’s partners in the event that the customer expressly agrees thereto.

 

The seller processes the data collected confidentially and in accordance with national and international provisions, including the Belgian law of 8 December 1992 regarding the protection of privacy with respect to the processing of personal data, modified by the law of 11 December 1998.

 

The customer can, at any time, by means of a written, dated and signed request sent to the seller, and after providing evidence of his identity (by attaching a copy of proof of identity), obtain free of charge the written communication of personal data concerning him collected by the seller, as well as, if applicable, the rectification, deletion or removal of incorrect, incomplete or irrelevant data.

 

The copy of his data will he communicated at the latest 45 days after receipt of the request.

 

Force majeure, unforeseeable circumstances and lack of foresight

 

The seller cannot be held liable, whether on a contractual or non-contractual level, in the case of failure to temporarily or definitively perform his obligations, when this failure to perform Is due to force majeure or unforeseeable circumstances.

 

The following events will notably be considered force majeure on unforeseeable events: 1) the loss or destruction, in full or in part, of the seller’s information technology system or his database when one or other of these events cannot reasonably be directly attributed to the seller and it is not demonstrated that the seller failed to take reasonable measures to prevent either of these events, 2) earthquakes, 3) fires, 4) flooding, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lock-outs, 9) blockades, 10) insurrections or riots, 11) interruption in the supply of energy (such as electricity), 12) failure of the Internet connection or data storage system, 13) breakdown of the telecommunications network, 14) loss of connectivity to the internet or telecommunications network on which the seller is dependent 15) an act or decision of a third party when this decision affects the proper performance of this agreement or 16) any other cause outside the seller’s reasonable control.

 

If, due to circumstances independent of the seller’s wishes, the performance of his obligations cannot be continued or is simply made more expensive or difficult, the seller and the customer undertake to negotiate in good faith and fairly, an adaptation of contractual conditions within a reasonable time frame with a view to restoring balance. In the absence of an agreement within a reasonable time frame, each of the parties can invoke the cancellation of the contractual relations between them without compensation or indemnities of any kind whatsoever.

 

Various provisions

 

The nullity of a provision in these general terms and conditions does not result in the nullity of the other terms and conditions.

 

Any objection regarding the products and/or services delivered by the seller or the validity or interpretation of, or failure to perform these general terms and conditions shall be subject to Belgian law and the exclusive jurisdiction of the courts of the judicial district of Antwerp.

 

LES VRAIS

Lamorinièrestraat 223

2018 Antwerpen

Belgium