The customer-consumer has the right to notify the vendor of his renunciation of the purchase, without any penalty and without having to give the reasons, within fourteen calendar days of the date of product delivery.

Presentation

La demeure de Noémie (the vendor) is the commercial name represented by the company Criberco S.A. with regard to the marketing of ready-to-wear clothes, fashion accessories, jewellery and all kinds of decorative items.

The registered office of the company Criberco S.A. is established at Ville du bois 172, Vielsalm. The company is listed in the Central Businesses Database (“BCE”) under number 0435 391 923 and registered for VAT purposes under number BE 0435.391.923.

You can contact La demeure de Noémie by telephone on 0032/(0)84311991 during shop opening hours (10.00 a.m. to 12 p.m. and 1.30 p.m. to 6.00 p.m.) and by e-mail sent to the following address: lademeuredenoemie@hotmail.com.

Application of the General Terms and Conditions of Sale

1. Object

The purpose of these General Terms and Conditions of Sale is to define, exclusively on the basis of the relations they establish on the Internet, the rights and obligations of the parties that have come into being further to the online sale of products offered on the website.

Sales are made solely in French.

2. Products - Prices

2.1. Products

The products offered for sale by La demeure de Noémie are those presented on the website on the day the user consults the website, subject to availability of stocks.

In the event of one of the products being unavailable, the purchaser will be informed of this at the latest when the order is delivered.

2.2. Prices

The prices shown are in euros. They are inclusive of VAT and of any discounts that might be applicable on the date of the order.

The purchaser is obliged to pay the full amount immediately at the time the order is placed, prior to delivery, either by means of bank transfer or by using the OGONE secure payment system.

3. Orders

The first time he places an order, the customer has to “create an account”.

To do this, he enters his e-mail address in the “create your account” tab.

A form entitled “Your personal details” will then appear.

Once the customer has filled out this form, all that remains for him to do is to click on “register”.

Once this step has been completed, the customer will have the option of ordering the articles of his choice by following the detailed ordering process.

In the event of subsequent orders

The customer will be able to access the ordering process by entering his e-mail address and password in the screen entitled “already registered” after then having clicked on the “identify yourself” tab.

4. How to place an order?

Using the “add to basket” tab, the customer will be able to select the product(s) he wants in order to place them in the basket.

When all the items he wants to buy are in the basket, all the customer has to do is click on the “order” tab, whereupon he is taken to the screen showing the delivery and billing addresses.

The customer will then have to confirm his order using the “next” tab. He will then be shown a screen entitled “Carriage costs”.

After having accepted the General Terms and Conditions of Sale and chosen his method of delivery, the customer will have to click on “next”.

Finally, the client will have to select a payment method for payment of his order by clicking on either “payment by bank transfer” or “payment by OGONE”.

As long as the customer has not yet clicked on the tab inviting him to select his method of payment in order to confirm his order, he has the chance to alter or correct his order at any time by using the “back” tab.

5. Delivery

The product will only be delivered to the purchaser when payment of the full order amount has been made.

The purchaser is obliged to pay the full amount immediately at the time the order is placed, prior to delivery, either by bank transfer or by means of the “OGONE” secure payment system.

Should the vendor have given its express written permission for payment to be effected after delivery, all invoices are payable in cash at the vendor’s registered office upon delivery or when notice is given of availability of the product in the vendor’s premises, barring express stipulation to the contrary.
In the event of non-payment of the invoice within 15 days of the due date, the purchaser shall be liable for payment of interest to the vendor, ipso jure and without prior notice of default. The interest payable will be calculated at the following rate:
If the purchaser is acting for non-professional purposes (customer-consumer), 12% per annum of the amount payable, including VAT;
Moreover, any invoice that is unpaid on the due date will be increased by 15% by way of lump-sum compensation, without prejudice to the loss actually incurred and subject in any case to a minimum indemnity of EUR 40.

6. Delivery lead time

Without prejudice to paragraph 3 of this article the delivery lead times mentioned in the order confirmation are always indicative. Should there be a delay in delivery the vendor will make every effort to meet the delivery lead times or will suggest alternative solutions to the purchaser in the event of a delivery delay of more than 10 calendar days.
Without prejudice to Article 12, in the event of the agreed delivery date or lead time not being met, the purchaser may cancel the sale if the order has not been delivered within the new lead time agreed further to a notice of default having been sent by registered letter. This lead time may not be greater than 25% of the lead time initially agreed, subject to a minimum of 10 calendar days. If the sale is cancelled at the end of the new lead time agreed, the order amount paid or down payment made will be reimbursed to the purchaser within ten days of notification of this cancellation.
Without prejudice to Article 12, if the purchaser acts for non-professional purposes, in the event of non-delivery within a period of five (5) working days counting from the day after the date of receipt of payment in the case of payment of an advance, or of transmission of the order in the case of payment post-delivery, the latter has the right, subject to simple notification of the vendor, to cancel the sale without prejudice to damages, provided the vendor has not yet dispatched the ordered product.

7. Place of delivery

The ordered product is delivered to the delivery address agreed with the purchaser as stated in the order confirmation.
The purchaser shall bear all risks and costs pertaining to transport of the product.
Furthermore, the vendor may not be held responsible for delays incurred and/or damage caused during transport, except in the case of a serious error or gross misconduct attributable to it.

8. Complaints

Any complaint relating to delivery or product conformity in respect of visible defects must be reported to the vendor by registered letter sent to the latter’s address (Ville du bois 172, B-6690 Vielsalm) within eight (8) days of delivery. In the absence thereof, delivery shall be deemed to have been accepted and no complaint may subsequently be invoked against the vendor on account of delivery or visible defects. The return will be at the purchaser’s expense and under his full responsibility.

9. Cancellation

In the event of non-fulfilment on the part of the purchaser and after a notice of default has failed to have any effect for a period of one month, without prejudice to Article 1184 of the Civil Code, the vendor reserves the right to cancel the contract, without prejudice to its right to damages, which are fixed on an inclusive basis at 15% of the total price of the goods, including VAT and the interest referred to in Article 5 of these General Terms and Conditions. This article is not applicable in the event of force majeure as defined in Article 10, notification of which is given by means of registered letter, by the party citing it, within eight day of its occurrence.

The customer-consumer has the same right vis-à-vis the vendor, which will be exercised under the same terms. In the case of cancellation of the sale where the vendor was at fault, an amount equivalent to that mentioned in the previous paragraph will be payable by the vendor by way of compensation.

10. Force majeure

Circumstances such as strikes, fire, machine breakage, supplier delays, epidemics, risk of war, civil war, lack of energy resources, government fiat, bankruptcy of suppliers, etc. are to be considered as cases of force majeure when they have the effect of delaying deliveries or making it very difficult for the ordered products to be delivered. The vendor will not have to establish either the unforeseeable or overpowering nature of these circumstances or the impossibility of contract performance.

The vendor will inform the customer as quickly as possible of the fact that one of the circumstances mentioned in the previous paragraph has occurred.

The vendor reserves the right to extend any agreed delivery lead time for a period equal to that during which the case of force majeure has continued to have an effect. Likewise if these facts may jeopardise order fulfilment in accordance with the terms and conditions provided for, the vendor reserves the right to cancel the contract without any commitment or responsibility on its part.

11. Processing of data of a personal nature

These provisions respect the customer’s privacy in accordance with the law of 8 December 1992 on the processing of data of a personal nature and the other restrictive provisions of Belgian law on the subject.
The person responsible for processing your personal data is Mr Christian Bertemes, director of the company Criberco S.A. with its registered office at Ville du bois 172, Vielsalm.
La demeure de Noémie is active in the marketing of ready-to-wear clothing, fashion accessories, jewellery and decoration.

If need be, you can contact the managers of the online store “La demeure de Noémie” either by telephone on 084/311991 during shop opening hours (10.00 a.m. to 12.00 p.m. and 1.30 p.m. to 6.00 p.m.) or by email: lademeuredenoemie@hotmail.com.

Data of a personal nature sent to “La demeure de Noémie” are processed by the latter for the management of its customers, which in particular includes management of the latter’s pre-contractual and contractual relations and the latter’s information as well as for business development (direct marketing) purposes.

The customer may oppose the data pertaining to it being processed for business development (direct marketing) purposes; this it can do on request and free of charge.

The customer also has the right to have any inaccurate data of a personal nature concerning him corrected, free of charge.

12. Applicable law and competent court

Any disputes concerning the interpretation and fulfilment of these General Terms and Conditions of Sale are governed solely by Belgian law.

In the event of any dispute relating to the fulfilment and interpretation of these General Terms and Conditions of Sale, the courts of the legal district of Marche en Famenne shall have sole jurisdiction to take cognisance.

This clause remains in force in the event of lis pendens, connectivity or introduction of third parties.