general sales terms and conditions
Welcome to our website : www.arletteschmitz.be
Company name : Sophie De Laere
Trade name : Arlette Schmitz
François Van Impelaan 75
Enterprise number : 0807 358 615
VAT number : BE0807 358 615
Article 1: General provisions
The e-commerce website of Sophie De Laere, sole proprietor with registered office at François Van Impelaan 75, 9041 Gent, VAT BE 0807 358 615, (hereinafter “Arlette Schmitz” or “we” or “us”) provides its customers with the option of buying products from its webshop.
English is the language used for executing contracts with Arlette Schmitz. By agreeing to the general sales terms and conditions the Customer states that he/she/they understand both the language as wel as the content of this document.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Arlette Schmitz, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Arlette Schmitz.
Article 2: Price
All prices listed are expressed in EURO. Prices for the EU market include VAT. The prices for the non-EU market are VAT exclusive. Please note that in some countries additional duties, taxes, fees, or similar charges may be payable to your national and local tax authorities on receipt of your delivery or in connection with your order, including without limitation, sales, use, excise, import, or similar taxes or duties. You will be sole responsible for payment of any such duties, fees, and taxes. Please note that Arlette Schmitz has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. Arlette Schmitz will not be liable for any breach by you of any such laws.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price. Arlette Schmitz can adapt prices at any time and without notice but such changes will not occur for the specific items for which the customer already has been sent an order confirmation.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Arlette Schmitz. With respect to the accuracy and completeness of the provided information, Arlette Schmitz is solely bound to obligation of means. Arlette Schmitz is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, color, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance at email@example.com
The product selection is valid while stocks last and may at any time be changed or withdrawn by Arlette Schmitz. Arlette Schmitz cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
The main characteristics of products are shown on www.arletteschmitz.be on each product page. The products offered for sale on www.arletteschmitz.be may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
Article 4: Online purchases
To make purchases on ArletteSchmitz.be the Customer does not need to register; if the customer prefers the Customer can create an account. It makes it easier to revisit the webshop and Arlette Schmitz can choose to occasionally provide special offers for a recurring Customer with an account. Please note that Arlette Schmitz is not in any way obliged to provide special offers for a registered Customer.
On each product page, the Customer will find the available sizes and colours, a description and the fabric composition of the item.
To order the Customer must :
In the shop select the desired colour and size of the product.
Add the desired product to the shopping cart.
When finished shopping, the Customer has to click the button that reads ‘checkout’.
The Customer has to enter the required Customer’s information.
Choose when possible a required shipping method and select a payment method.
The Customer has to check that the entered information is correct before clicking on ‘place order’.
The Customer choosing to pay with a credit card, may be asked for a secondary authentication in order for the payment to be authorized. The Customer will need to insert a one-time password, an SMS code, or another authentication method, in accordance with the established procedures of the credit card provider.
Arlette Schmitz will send an order confirmation email upon receiving the Customer’s order with all relevant order details. At least once a week Arlette Schmitz organizes shipping and the Customer will receive a second confirmation email once the order is shipped. For the Customer using a bank transfer the goods will only be shipped once the payment is deposited in the bank account of Arlette Schmitz.
The Customer may choose between the following payment methods :
- by credit card (visa, American express, mastercard)
- via bank transfer to account number BE64 0689 1109 4452
Arlette Schmitz is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
Shipping will occur at least once a week, excluding local and national holidays and festivities. Arlette Schmitz is not liable for unforeseen delays. Arlette Schmitz is not liable for unpredictable delays, notwithstanding that, except for cases of Force Majeure, the goods will be delivered within a maximum of thirty (30) days following the day after the submission to Arlette Schmitz of the order by the Customer. Unless otherwise specified in the order.
The goods are sent according to the list * per country at both the cost and the risk of the customer to the delivery address given by the customer.
* List per country
Belgie ——————- € 16 Poland —– € 27
Luxemburg ———— € 16 Portugal —— € 27
The Netherlands —– € 16 Slovakia —- € 27
France —————— € 16 Slovenia —- € 27
Austria —————– € 16 Sweden —- € 27
Denmark ————— € 16 Liechtenstein — € 27
Monaco —————- € 16 Norway —- € 27
UK ———————– € 18 Switzerland —- € 27
Gibraltar ————— € 27 Albania —- € 27
Italy ——————— € 27 Spain —— € 27
Bosnia —————— € 27 Andorra—– € 27
Cyprus —————– € 27 Bulgaria —– € 27
Iceland —————–€ 27 Croatia —– € 27
Macedonia ————- € 27 Czech Rep —- € 27
Malta —————— € 27 Estonia —- € 27
Montenegro ———– € 27 Finland —– € 27
Rep. of Moldova —— € 27 Greece —- € 27
Ukrania —————– € 27 Hungary —– € 27
Latvia —————– € 27 Lithuania —– € 27
rest of the world —- € 70
In case goods are shipped outside of Europe, costs of duty are to be affected by the receiver of the package.
If it is impossible to deliver the goods, the agreement is automatically dissolved. Arlette Schmitz shall notify the customer in writing before the aforesaid delivery period has come to an end. In the case of partial delivery, each delivery will be considered a separate sale.
Except if proof to the contrary is provided, Arlette Schmitz will have discharged its obligation to deliver as soon as the delivered goods have been offered to the buyer twice. In the case of home deliveries FEDEX report about the refusal to accept delivery will serve as full proof that the delivery has been offered
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s residence within 30 days of receipt of the order. For delivery Arlette Schmitz collaborates with FEDEX.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to firstname.lastname@example.org.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Arlette Schmitz.
Article 6: Retention of title
Delivered articles remain the exclusive property of Arlette Schmitz until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Arlette Schmitz, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Arlette Schmitz.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date
- a) in the case of a service agreement or digital content that is delivered in a non-material medium : “the agreement was entered into”.
- b) of the sales agreement (including agreements that concern both goods and services):“when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier”.
- c) of the agreements where the Customer will receive separate deliveries of goods from the same order: “when the last of the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier”.
- d) of agreements concerning the delivery of goods that consists of different shipments or parts: “when the last shipment or last part has been physically received by the Customer or a third party indicated by the Customer that is not the carrier”.
- e) of the agreement concerning regular delivery of goods during a specific period: “when the first shipment of goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier”.
To exercise the right of withdrawal, the Customer must notify :
François Van Impelaan 75
9041 Gent, Belgium
tel : +32 (0)498 10 79 17
email@example.com in an unambiguous statement (e.g. in writing by post or e-mail) about their decision to withdraw from the agreement.
There upon the Customer will receive a return form by email. The Customer will fill out this return form and send to firstname.lastname@example.org.
The Customer may input and submit the template withdrawal form or any other unambiguously formulated statement in a digital manner via our website : www.arletteschmitz.be
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the Customer has no later than 14 calendar days from the day that they notify Arlette Schmitz of their decision to withdraw from the agreement to send back or hand over the goods to Arlette Schmitz, François Van Impelaan 75, 9041 Gent. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
The direct costs for returning the goods shall be borne by the Customer.
If the returned product is reduced in value in any way, Arlette Schmitz is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
If the Customer withdraws from the agreement, Arlette Schmitz shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that Arlette Schmitz was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, Arlette Schmitz may wait on the reimbursement until all the goods have been sent back.
Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by Arlette Schmitz will not be refunded.
Arlette Schmitz shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.
The Customer may not exercise the right of withdrawal for:
- service contracts after the provision of service has been completed in its entirety.
- the provision or supply of goods or services whose price depends on fluctuations in the financial market that Arlette Schmitz has no influence upon and that may occur within the withdrawal period.
- the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
- the delivery of goods that spoil quickly or that have a limited shelf life.
- the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery.
- the delivery of goods that are irrevocably mixed with other products after delivery due to the nature of the goods.
- agreements where the Customer specifically requests Arlette Schmitz to carry out urgent repairs or maintenance.
- agreements that were entered into in a public sale.
- the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities when the agreement stipulates a specific date or period of execution.
- the supply of digital content that is not supplied on a tangible medium when the service has started with the explicit prior consent of the Customer and provided the Customer has confirmed that he thereby lost his right of withdrawal (e.g. downloading of music, software, etc.).
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and delivered to the home of the Customer, the Customer must contact the Arlette Schmitz customer service and return the product at their own expense to Arlette Schmitz.
Upon detection of a deficiency, the Customer must inform Arlette Schmitz as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the care instructions, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 9: Customer service
Arlette Schmitz customer service can be reached at phone number +32 (0)498 10 79 17, via e-mail at sales@arletteschmitz.Be or by mail at the following address : Arlette Schmitz
François Van Impelaan 75
Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that Arlette Schmitz is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Arlette Schmitz is entitled to take back the unpaid or incompletely paid for articles.
Article 11: Privacy
The responsible party for processing personal data, Arlette Schmitz respects the General Data Protection Regulation and the Belgian Privacy Act of 30 July 2018.
The personal data you share with us is used only for the following purposes:
the execution of the agreement entered into
the processing of the order
sending of newsletters
and advertising and/or marketing purpose
Personal data is processed based on Article 6.1.
required for the implementation of an agreement),
required to satisfy a legal obligation).
required for the protection of our legitimate interest in entrepreneurship)
of the General Data Protection Act.
You have a statutory right to access, correct, supplement or remove your personal data. In a number of cases listed in the GDPR, you may also ask us to limit the processing of your personal data. You have the right to object to the processing of your Personal Data if you have serious and legitimate reasons that exceed our need to process your data. You have the right to request your Personal Data in digital and readable form and/or to have them transferred to another service provider of your choice. Insofar as our processing is based on your prior consent, you have the right to revoke that consent at any time.
In the case when information is used for direct marketing purposes, you may preclude the use of your information for direct marketing purposes at no cost to yourself.
To exercise your rights you can always contact us in the aforementioned manner at Arlette Schmitz
François Van Impelaan 75
We treat your information as confidential and shall not communicate, rent or sell it to third parties.
On your first visit to our Website, you will be asked to accept our cookies. You can manage your choices at any time afterwards.
You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.
Article 13: Invalidation – non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Arlette Schmitz to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Arlette Schmitz. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law – jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Arlette Schmitz district have jurisdiction in the case of any disputes.