General terms and conditions of sales
1) General Information
The products provided for on the e-commerce site www.wilmaleyssens.com are marketed by Wilma Leyssens VAT number: BE0749.441.596. Our e-mail address is info@wilmaleyssens.com.
Purchases made via the Internet on the e-commerce site are governed by Belgium law and by the present contractual conditions indicated on the site at the time the order is placed (the "General Conditions"). For any dispute that may arise over the conclusion, interpretation and execution of a past sale via Wilma Leyssens e-commerce, the parties acknowledge the exclusive jurisdiction of the Belgium judicial authority.
2) Users and Orders
Our e-commerce site may only be used by end consumers, i.e. natural persons of full age acting for purposes which do not relate to any commercial, business, craft and/or professional activity.
Wilma Leyssens may not proceed with the order and/or consider it null and void, when it is not possible to verify the accuracy of the information concerning the shipping address and billing data or if it has been made for resale purposes, in which case Wilma Leyssens reserves the right to terminate the contract with immediate effect and by a simple written communication by e-mail.
3) Products
The products offered for sale are those listed on the website www.wilmaleyssens.com on the day of its consultation by the customer. Each product will be the subject of a descriptive sheet which, in addition to the photograph, will contain: the price, the photograph, the sizes and colours available, the composition, as well as the particular characteristics. Minimal differences between the product and its photograph may exist, depending in particular on the resolution and definition of the colours on the user's screen.
We undertake to deliver Products that comply with current regulations relating to the safety and health of persons in accordance with European provisions, and in particular with the legislation on controlled chemicals.
4) Prices
The purchase prices of Wilma Leyssens products will be specific for each country, from which the order originates and will be indicated in euros all taxes included, excluding delivery costs and customs duties; it being specified that the value added tax is that in force on the Belgium metropolitan territory on the day the order is validated. Customs fees are the responsibility of the Client.
The prices applied are those communicated on the Site and confirmed to the Customer at the time of his validation of the order.
Delivery costs are communicated to the Customer on the summary of the order before the validation of the latter and are expressed inclusive of all taxes. These costs are borne by the Customer and are invoiced in addition to the selling price of the Products.
Wilma Leyssens may apply special promotions to one or more products on the site, which modify the price. We reserve the right to change our prices at any time but we undertake to apply the prices indicated on the Site at the time of your order.
We inform you that in the event of the display of an erroneous, obviously derisory price (vile price), for any reason whatsoever (computer bug, manual error, technical error...), the order - even validated by us - will be cancelled, which we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the corrected and exact price.
5) Shipments
The transport costs of the product, which will be explicitly indicated when purchasing it, will be borne by the Customer. Wilma Leyssens undertakes, as the user's representative, to enter into a shipping contract with reference transport companies, taking into account the conditions applied by the carrier itself. The user:
- may indicate that the purchase is being shipped to an address different from that of the order and/or billing agent (but always in the same country);
- will have to indicate a shipping address, at which someone is always present to pick up the fold. If there is no one at the address indicated for the collection, it will be necessary to indicate an address other than that of residence, where there is, on the other hand, the required condition;
- Wilma Leyssens will generally ship the order within 48 hours of receipt of payment confirmation. The estimated delivery times depend on the carrier chosen. In addition, once the shipment has been made, will automatically send an email with all the information the user needs to locate the order, including a direct link to the DHL portal or other carrier chosen for immediate verification of the delivery status. In any case, Wilma Leyssens is not responsible for the lack and/or delay in the delivery of the envelope, in the event that the collection procedures described above are not respected or there are in any case incorrect indications from the customer;
- if the ordered items are not delivered within a period of 20 working days for mainland Belgium and 45 working days for any other destination from the order confirmation, the user may contact our customer service directly. We will check the status of the order and/or the status of the shipment through the shipping company. The products will in any case be delivered as soon as possible.
For orders outside Belgium, when the package intended for export arrives at destination, it will be the responsibility of the recipient to pay the taxes or customs duties that apply to the country of destination. Local authorities can provide you with useful information.
6) Filling in orders
To finalise the purchase contract, the user has to complete the order procedure by filling in all sections on the website and confirm payment for the order on the website of the selected payment entity. It is understood that orders coming from countries other than those indicated and having characteristics different from those described above (in terms of quantity and shipping address) shall in no case whatsoever be accepted.
7) Instructions for filling in orders and information
Before starting to fill the order, the Customer must access the FAQ section, where our identity and address, including e-mail address, delivery costs, any other information concerning the performance of the contract, the existence of the right of withdrawal and the terms and conditions with the deadlines for returning the product, if any, are indicated, as well as other information concerning the General Conditions. The General Conditions may be archived and/or printed by the user who wishes to archive them.
8) Procedure for drafting and technical information notes
In addition, the customer/user of the site will be able to access the FAQ section, where additional information on the operational procedures to be followed for the conclusion of the contract and on the technical means to be used to correct any errors before placing the order is contained.
9) Order and Information
During the ordering process, a wide range of summary information is provided on the product's characteristics, price, shipping costs, delivery terms and payment for the product.
10) Filling in orders and liability
To finalize the purchase contract, it will be necessary to complete the ordering and payment procedure on the website of the selected organization. Both operations must be carried out, following the instructions provided on the site. In the event that, as a result of a typing error or anything else, orders have been filled that, by their characteristics, quantities and/or prices, the user does not wish to carry out, he/she must not complete the procedure in question. The user is responsible for correcting the information provided during the ordering and payment process and Wilma Leyssens declines any responsibility for "unwanted" orders sent by mistake and/or by minors and will execute them in accordance with the information provided by the user, being entitled to claim payment of the established equivalent. In the event that, during the procedure for drawing up the order and concluding the contract, the customer/user notes that the price of one or more products, which he intends to select for subsequent purchase, is visibly lower than that normally applied net of any discounts and/or promotions at that time in force, because of an obvious technical problem that has occurred on the site, he is asked not to complete his purchase order and to report the aforementioned technical error, by sending an email to the email address info@wilmaleyssens.com.
11) Filing of orders
The order confirmation and the corresponding data will be stored in our telematic database for the period necessary for the shipment of the order and in any case for the period required by law. The customer will receive an order confirmation by e-mail with all the reference data of the order in question. This data will also be visible to registered users in the My Account section. The customer who has placed an order on www.wilmaleyssens.com will have the possibility to print his invoice by connecting to the site in the order area provided for this purpose.
We reserves the right not to validate orders in the event of abnormal or abusive claims, orders that are abnormal in relation to the quantities ordered, of abnormal Product price due to a site bug, abnormal or abusive exchanges and returns and existing dispute(s) with the client.
12) Finalisation of contract
The contract is concluded at the last between the time Wilma Leyssens receives the order confirmation by telematic means and the time we receives the payment confirmation from the selected organization, after verification of the correction of the data, which are reported therein. Wilma Leyssens has the right to refuse the order, by communicating it by e-mail within 2 days of receipt of the order, in the case of incorrect data or communication of a credit card code to the selected organization nil and/or incorrect.
13) Non-availability of products
In the event that the products presented on our e-commerce site are no longer available, we will inform you within 30 days of receipt of the order of the possible unavailability of the products in store. In the event that the price of the product has already been paid, Wilma Leyssens will refund the amount paid. In this case nothing shall be due from Wilma Leyssens as compensation for damages or for any other reason.
14) Legal warranty
Wilma Leyssens guarantees the conformity of the products with the provisions of the corresponding product sheet on the site for a period of two years and in accordance with articles 128-135 of the Consumer Code. The warranty does not cover damage caused by: improper treatment of the Products, improper use, accidents, water, solvents, wear and tear, damage caused by carriers and, in any case, damage resulting from third-party factors and not attributable to defects in product conformity. Without prejudice to cases of theft or serious misconduct, compensation for damage resulting from defects in the conformity of the Products and consisting in the loss of the content of the Product and those resulting from the impossibility of using the Product shall in any event be excluded.
15) Payments
The prices of the Products purchased are payable in full in cash on the day the Customer places the order. Payment for online purchases made on the Wilma Leyssens website may only be made by Visa - Mastercard and Belgian debetcard or the Paypal system. The amount relating to the order will be charged to the credit card at the time of validation of the order. Payment for orders takes place outside the Lancel systems (inside the Adyen and Paypal servers), which is therefore in no way the holder or responsible for the processing of bank data or credit card data, by which the payment in question is made.
In the event of a default in payment, an incorrect address or any other problem on the Customer's account, Wilma Leyssens reserves the right to block the Customer's order until the problem is resolved.
In the event of fraudulent use of his credit card on the Site, the Customer is invited to contact Wilma Leyssens at the following: info@wilmaleyssens.com
We implements the necessary means to ensure the confidentiality and security of the banking data transmitted on the Site. The Site is equipped with a system for securing online payments to encrypt your banking data. Payment information is transmitted according to the highest security standards.
All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by a third party. At no time does the Customer's financial data transit on Lancel's computer system. Adyen checks that the connection with the web browser is secure before sending the payment form to the bank that is carrying out the financial transaction.
16) Right of withdrawal
The buyer has the right to terminate the contract with us within 14 working days of delivery of the products without any penalty and/or motivation. To exercise the right of withdrawal, the buyer must send a communication within 14 days from the date of receipt of the goods by registered letter with acknowledgement of receipt, in which he expressly declares that he wishes to return what has been ordered. The communication may also be transmitted by fax and/or e-mail provided that it is confirmed by registered letter with acknowledgement of receipt within the next 48 hours. The right of withdrawal may be exercised in the event of the purchase of a plurality of products, even for only a few of them. In the event of exercise of the right of withdrawal, the customer must return the purchased goods to Wilma Leyssens at his own expense, shipping them within 14 days from the date of exercise of the right of withdrawal.
For any return under the Right of Withdrawal, the procedure below must be fully respected:
the Customer must attach to his package the return form previously completed and printed. No return will be accepted without the said duly completed return form.
The Products must be returned in their original packaging, with their label and any accessories, in perfect condition to:
Wilma Leyssens
Elisabethlaan 85/1
3200 Aarschot (Belgium)
The risks and costs of return are the exclusive responsibility of the Customer.
The return of the product must follow the steps indicated in the return procedure, accessible through the FAQ section.
17) Returns
The Customer is required to check the conformity of the products received in shipment of his order at the time of delivery, any anomaly concerning the delivery such as: damaged package, missing products, deteriorated products, products not in conformity with the order, must be notified within the legal deadlines following receipt of the order.
This notification will be sent to the customer service of the Wilma Leyssens website by email at info@wilmaleyssens.com.
After the legal deadlines, and unless there is a hidden defect, no claim will be accepted by Wilma Leyssens. The Products will then be considered compliant.
For any return of a non-compliant product, the Customer must comply with the following procedure:
the Customer must attach to his package the return form previously printed and completed. No return will be accepted without the said duly completed return form.
The packaging of the returned products (at the buyer's expense) must be made with the original box, in order to prevent the goods from reaching their destination damaged. Only in the event that the original packaging is not usable, can a box equivalent in size and strength be used. We will not accept returns shipments made under conditions other than those indicated above, which are the only ones authorized. It is not possible to return products following a withdrawal with costs to be borne by the recipient. Once the return has arrived at its destination, we will verify the legitimacy of the return and, after verifying the accuracy of the operations, will send the user a confirmation email. The amounts paid will be credited back to the system by which the payment was made. Refunds are generally made within 14 days of Wilma Leyssens's receipt of the product returned by the buyer.
In the event of a refund, Wilma Leyssens will refund all products made compliant, as well as shipping costs incurred, with the exception of taxes and customs duties paid by the customer upon delivery. Cash on delivery returns are not accepted.
In the event of abnormal or abusive complaints, Wilma Leyssens may refuse to serve a subsequent order.
18) Personal data
We collects a certain amount of information necessary to process orders.
This data is not only necessary for the processing of the Customer's order by Wilma Leyssens, but also to communicate to the Customer information about the brand, on the Site or to allow him to benefit from our commercial offers; if the Customer accepts it by validating his order.
The information is strictly confidential and is indicated by an asterisk (*) when necessary for Wilma Leyssens, and/or its service providers as part of the Customer's order management.
We undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer's personal information from being distorted, damaged or accessed by unauthorized third parties.
19) Applicable law
These General Terms and Conditions of Sale are subject to Belgium law.
20) Attribution of jurisdiction - Litigation
Any dispute or controversy relating to these General Terms and Conditions of Sale and the relationship between the parties shall be submitted to the exclusive jurisdiction of the Commercial Court of Leuven, Belgium.