TERMS OF USE
The e-commerce site www.ostreet.be (the "Site") is an online sales site of clothing and accessories of the brand "O'street" or other brands (the "Product"), having its registered office at 5000 Namur, rue Emile Cuvelier 33, Belgium, (hereinafter referred to as "O'street").
The Internet user wishing to purchase an O'street Product is referred to in these General Terms and Conditions by the term "the Customer".
Any order of a Product offered on the Site presupposes the prior consultation and express acceptance by the Customer of these General Conditions as set out in Article 2.
The validation of the purchase order is assimilated to an electronic signature having, between parties, the same value as a manual signature and serves as proof of the entire order as well as the due of the amounts due in execution of said order.
The sales contract can be signed in French, Dutch or English, at the Customer's choice.
ARTICLE 1 - SCOPE
These General Conditions define the rights and obligations of the Parties arising from the online sale of the Products offered on the Site belonging to the company O'street (Belgium).
Although the Site is specifically aimed at Belgium, France, the Netherlands and Luxembourg, O'street provides all services from Belgium and the contract is presumed to have been executed in Belgium, with shipping to the countries mentioned.
These general conditions apply to all sales of Products made through the Site and prevail over any other conditions arising from O'street or the Customer. Derogations from these Terms must have been subject to the prior, explicit and written consent of O'street.
ARTICLE 2 - LEGAL CAPACITY AND ACCEPTANCE
The person wishing to buy an O'street Product must be able to act. A person declared incapable cannot buy Products on the O'street Site and therefore enjoy the status of Customer, and must make his purchases through his legal representative.
The Customer accepts these General Terms and Conditions of Sale explicitly by clicking on a box or checking a box adjacent to the mention ("I accept the General Terms and Conditions of Sale").
The Customer has been offered the opportunity to save and print these General Conditions.
ARTICLE 3 - PRODUCTS
The Products offered by O'street are the products presented on the Site at the time the Customer places his order, within the limits of availability of the Products.
O'street undertakes to make every effort to deliver all orders.
Notwithstanding this, O'street cannot be held responsible for the unavailability of a Product, nor for the damage that may result. If one or more Products in an order are unavailable, O'street will inform the Customer by e-mail or telephone that his order is fully or partially canceled or split.
In the event that unavailability is noted and communicated at the time when the Customer has already paid for his Products, O'street will immediately ask his bank to refund the amounts paid.
The Customer will be notified by e-mail. The speed at which the actual refund takes place depends on the payment method used by the Customer to proceed with his purchase. If the purchase was made by credit card, the refund will appear on the next first monthly statement of the credit card. If the Customer believes that the refund takes too long, he is advised to contact his bank.
In any case, O'street will refund within 30 days.
All Products offered for sale on the Site are described in soul and conscience as faithfully as possible. However, the photos appearing on the website are without any contractual value. O'street refutes any responsibility for any errors present in the descriptions of the Products or in the photos, e.g. in the case of slight differences in the color or size plans.
ARTICLE 4 – PRICE AND INVOICE
The prices are the prices mentioned on the Site at the time the Customer places his order. They may vary from one country to another - the Site is aimed at different target countries (Belgium, France, the Netherlands and Luxembourg) - and be subject to different regulations, especially in terms of VAT.
The prices applicable to the Customer are those on the Site for the country from which the Customer places his order. The Customer must place his order from the country where he has his habitual residence. It is not possible to place an order in one country and have it delivered in another.
The prices mentioned during the purchase process are expressed in euros and do not include VAT and administrative fees, unless explicitly stated otherwise.
The prices of Products and services do not include transport costs. These fees are charged separately to the Customer, who will have to pay them in addition to the purchase price. If a discount has been granted to the Customer, it will be deducted from the price separately.
O'street reserves the right to change sales prices and transport costs at any time. However, the Products purchased, as well as the fees will always be charged at the prices mentioned in the email confirming the order, which are the prices applicable at the time of purchase, as long as the products are available.
The Customer consents to O'street transmitting his invoice in electronic form. If the Customer still wishes to obtain a paper invoice, he can obtain satisfaction by sending a simple request through the contact form.
The Products remain the property of O'street until the time of their full payment by the Customer, namely the full payment of the purchase price and fees.
ARTICLE 5 - METHODS OF PAYMENT
Purchases can only be paid online, by Visa, MasterCard, American Express, Carte Bleue, Maestro, Bancontact/Mister Cash, and direct banking (iDEAL for the Netherlands).
The Customer's bank account is debited after confirmation of the purchase and the payment is only effective when the Customer's bank has given its consent to O'street. If the latter refuses payment, the order is automatically refused.
The Customer guarantees that he is authorized to make online payments using one of the aforementioned payment methods and that the bank account linked to the credit card or Bancontact offers sufficient coverage to cover all the costs generated by the transaction.
If not applicable, O'street may refuse the order.
O'street collaborates with Ogone for the processing of online payment. Ogone is the European market leader in secure online payments. The security system used by Ogone is among the most reliable and best protected in the world. O'street has no access to its customers' confidential payment data and does not save it either.
O'street reserves the right to refuse any order from a Customer with whom a dispute is ongoing or with whom a dispute has previously occurred. O'street may also refuse an order in the event of non-payment or non-full payment of a previous order from the Customer.
ARTICLE 6 - ORDERING PRODUCTS
Notwithstanding any evidence available to the Customer, it is explicitly agreed that only the data recorded in the computer system of O'street, its hosting partner or its Internet payment partner provide proof of the communication, the content of the order and all transactions that took place between the Parties.
To place an order, the Customer goes to the section of his choice, chooses the color and size he wishes to receive, then clicks on "add to cart". The chosen item is thus added to the "shopping cart". The Customer can rectify his order as long as it is in the basket. If the Customer wishes to confirm his order, he is required to choose a delivery and payment method. The total amount to be paid is clearly displayed throughout the settlement process. The order becomes final and can no longer be modified once the payment process is completed.
The Customer receives in any case a first e-mail after the purchase with a confirmation of his order. He then receives a second e-mail, at the time of sending the order.
All contractual information relating to the order is communicated to the Customer in the language he chose at the time of his registration when confirming his order.
ARTICLE 7 - DELIVERIES
At the time of confirmation of the order, the Customer is offered to choose for a delivery to a specific address (home, place of work or other).
If the Customer opts for delivery to a specific address, O'street will do everything in its power to ensure that the order is sent to said address within a few days of the confirmation of the order. The delivery person will come to this address during working days, from 8:00 a.m. to 6:00 p.m. and will deliver the package(s) to the recipient or to any other person present at this address. In case of absence, a notice will be left in the mailbox of the address indicated, which notice will allow a new delivery attempt to be requested, either at the same address, at another address, or at one of the collection points.
If the Customer does not schedule any new delivery within 3 weeks of the confirmation of the order or if he is absent during this new delivery, the order will be automatically returned to O'street, who will then contact the Customer to schedule the delivery of the order. Additional costs charged to the Customer may be claimed in this case.
The ordered Products are delivered to the delivery address indicated by the Customer during the ordering process and in accordance with the conditions described therein.
Orders can only be delivered to addresses located in Europe with the exception of Malta.
O'street reserves the right to split the order into one or more deliveries, depending on the availability of the Products. Each delivery will be announced by e-mail. The delivery will be accompanied by an order form on which will appear, among other things, the details of the goods delivered.
In case of loss during the delivery process, if the conditions of this article have been met, O'street will provide, entirely at its own expense, for a new shipment if the Product is still available, or will refund the amount of the order (including transport costs). The transfer of the risk of loss and/or damage to the Customer takes place on delivery.
ARTICLE 8 - RIGHT OF WITHDRAWAL AND RETURN PROCEDURES
Unless otherwise stated on the Site, the Customer has the right to inform O'street, within 14 calendar days from the day following the day on which the Customer received the Product, of his intention to use his right of withdrawal without having to pay damages or have to justify his choice.
If a Customer wishes to inform O'street of his intention to terminate his purchase contract, he is required to make this communication within this period of 14 calendar days from the day following the day on which he received the Product.
If the Product has already been delivered to the Customer, the latter can exercise his right of withdrawal through the Site, in the "My account" section.
This possibility is open as soon as the order has been delivered to the Customer. At this moment, the status of the order goes to 'delivered'. All orders are permanently listed in the "My account" section, in the "My orders" subsection. The Customer can, by clicking on "View order" for the order concerned, request a "Return".
The customer can also choose to cancel the entire order by sending an email to [email protected]. The email must contain the following information: order number, order date, delivery address & products (name, color and size of each product included) and quantity of products.
The right of withdrawal for delivered Products is only applicable if the Product is also actually returned within 14 calendar days after the Customer has informed O'street of his intention to cancel his purchase. O'street is informed as soon as the Customer has completed the return document in its entirety. The Product subject to a withdrawal must be returned in new condition, in its original packaging, in perfect condition and accompanied by the original sales invoice (of which the Customer keeps a copy) as well as a fully completed return document. Any return whose sender cannot be identified will be refused. Once the said 14 calendar day period has expired, O'street will no longer be able to accept the return, which will be returned to the sender. No returns can be accepted through O'street's physical stores. The return must be sent to the following address, also clearly stipulated on the return document:
O'STREET
33 Emile Cuvelier Street
5000 NAMUR
The costs and risks associated with the return shipment are the responsibility of the Customer.
Customers can send returns at their own expense, with the carrier of their choice. We offer free return shipping for a selection of countries.
The refund of the purchase will take place within 14 calendar days after receipt in time for the return by O'street, provided that all the conditions described above have been strictly respected. In any case, the amount refunded will never exceed the amount actually paid by the Customer.
The purchase amount will be refunded within 14 days after cancellation. O'street reserves the right to delay payment until we have received the goods.
This refund will be made in accordance with the following terms:
If the Customer has paid for his order by means of a credit card, a credit will be granted on the credit card used by the Customer to pay the purchase price of the returned items, after checking said items and deduction of the amounts due or vouchers or discounts used to pay for the order. The refund to the Customer will be made according to the terms and conditions agreed with the card issuing bank. If the Customer has paid for his order through another means of payment, the refund will be made by transfer to the bank account whose number he will have mentioned on the return form.
ARTICLE 9 - GIFT VOUCHERS
O'street gift vouchers are sold online and in our stores. Gift vouchers by email are only available via the O'street website. The following terms and conditions apply:
· Gift vouchers can be used in our O'street and online stores.
· Gift vouchers remain valid indefinitely.
· Gift certificates can be used in whole or in part. If you do not spend the full amount on a purchase, you will receive a new gift certificate for the remaining balance.
· You can freely choose the value of the gift voucher you buy as long as the amount is between €20 and €500.
· Gift vouchers will be sent separately and free of charge.
· Gift vouchers can never be exchanged for cash or any other form of payment, even partially. · The code on the gift certificate can be used during the order process. After checking and confirming your order, enter the code printed on the gift certificate in the "gift vouchers" field of the basket during the payment procedure. Purchases will be deducted from the balance of the gift certificate.
· If the total of your order is less than the value of your gift certificate, you will receive a new gift certificate for the remaining balance.
· If your total exceeds the value of the gift certificate, the remaining balance must be paid using one of the available payment methods.
· Gift vouchers by e-mail will be sent to the recipient by e-mail once your order is processed and payment is confirmed.
· O'street is not responsible for sending a gift certificate by email to a non-existent or incorrect email address. It is the buyer's responsibility to carefully verify that the information entered (such as the recipient's email address) is correct.
· O'street is not responsible for the theft, resale, destruction, loss or unauthorized use of a gift certificate.
ARTICLE 10 - LEGAL GUARANTEE AND COMPLAINTS PROCEDURE
O'street warrants that the Products offered for sale do not present any visible or invisible defect preventing the use of the Product or making it dangerous.
The Customer enjoys rights preserving this guarantee on the basis of his national legislation.
The Customer enjoys a guarantee for any defect of conformity existing at the delivery of the Product and manifesting itself within two years of the delivery concerned. The two-year period is suspended during the period necessary for the repair or replacement of the goods or in the event of negotiations between O'street and the Customer for an amicable settlement.
If the Customer wishes to invoke this guarantee, he is required to immediately contact Customer Service. The Customer is, in all cases, required to inform O'street of the defect of conformity in writing and through Customer Service within a maximum period of two months from the day on which he found the defect.
Contact must take place using the contact form in the 'Contact' section, following the instructions that appear on the screen. The notice is then automatically sent to Customer Service, which can also be reached via the contact form.
The warranty does not apply to Products deliberately damaged or damaged as a result of Customer negligence. It also does not apply when the deterioration is related to wear, transport or inappropriate use.
Customers can contact Customer Service for any questions related to the warranty.
O'street customer service can be reached via the contact form. By checking the reason for contact we can automatically refer you to the right person in the organization. You can also contact customer service via email: [email protected]. We will handle your questions on working days from 9 a.m. to 5 p.m. We make every effort to answer your questions within 24 hours.
Provide this guarantee and support; the clientele is important for O'street. Therefore, all acts that may negatively affect our customer service are prohibited, such as the resale of products, the re-labeling of products or export outside the European Union for commercial purposes. The products are sold for private purposes only.
The costs incurred by O'street for the verification of the conformity of the export ban for commercial purposes outside the European Union will be borne by the customer in the event of an infringement. O'street reserves the right to suspend or even refuse a sale if there is a prima facie indication that the prohibition is not respected.
ARTICLE 11 - INTELLECTUAL PROPERTY RIGHTS
All elements (hereinafter the "Elements"), such as but not eter not included the texts, the database containing all the data published on the website, the layout and graphic concept of the web pages, the sales catalog, the photos, images, videos and music on the Site are protected worldwide by copyright, database rights, trademark rights, patent rights and other forms of intellectual property rights. They therefore remain the exclusive property of O'street. Any form of copying, publication, counterfeiting or other form of use of any kind is therefore prohibited without the prior written consent of O'street. This consent must have been obtained in writing, unless O'street itself has provided for the possibility of sharing certain Elements via social networks. In such a case, the consent is limited to these Specific Elements and to the specific social networks for which O'street has provided the possibility of sharing. Any violation of this clause will be subject to legal proceedings.
ARTICLE 12 - RESPONSIBILITY
O'street can under no circumstances be held responsible for any direct or indirect damage (interruption of operation, loss of earnings, loss of opportunities...) resulting from the use or unavailability of the Site. O'street is also not responsible for any damage caused to the Customer's systems as a result of visiting the Site, such as, among others, the presence of Trojan horses of external origin or computer viruses.
O'street cannot be held responsible for any errors in the photos or texts used to describe the Products on the Site.
O'street cannot be held responsible for the inability to deliver orders due to the exhaustion of stock or for a reason beyond its control, including cases of force majeure, such as, among others, the disruption or stoppage of transport, postal or communication services, flooding or fire, or inconvenience or damage inherent in the use of the network.
In all cases where O'street's responsibility is or could be questioned, it will be limited to the amount actually paid by the Customer for the order concerned.
ARTICLE 13 - DISPUTES AND APPLICABLE LEGISLATION
Only the courts of the judicial district of Namur will be competent to decide any dispute between the parties regarding the contract.
The contract between the parties is governed by Belgian law.
ARTICLE 14 - CONTACT AND SETTLEMENT OF DISPUTES
If he has questions about his purchase, the Customer has the possibility to contact O'street through the contact form available in the 'Contact' section of the Site. O'street undertakes to provide a response to the Customer within a maximum of 5 working days.
ARTICLE 15 - MODIFICATION OF THE GENERAL CONDITIONS OF SALE AND NULLITY
O'street may at any time modify these Terms and Conditions, among other things to comply with legal obligations. Changes communicated through the Website will take effect on all offers or orders that follow.
O'street reserves the right to change the concept and content of its Website at any time. Customers have the complete freedom to deactivate their account following a change in the General Conditions, the layout or the content of the Site, via the "My account" section on the Site - subheading "My personal data" -.
If one or more of the articles of these General Terms and Conditions were to be declared null or void or unenforceable by a court decision, this decision would have no effect on the validity and applicability of the other articles and paragraphs of these Terms and Conditions, as well as the contract between the parties.
ARTICLE 16 PRIVACY POLICY - PROTECTION OF THE PERSONAL SPHERE AND PROCESSING OF PERSONAL DATA
The Customer will find here more information about the privacy policy