General terms and conditions of sale

PHILMODE

(Filippo GRECO)

VAT : 0753 327 536

E-MAIL : Gokhan@philmode.be

ARTICLE 1 – CONTRACTUAL NATURE OF THE GENERAL TERMS AND CONDITIONS

Through the sheer fact of placing an order on this website, the buyer expressly accepts the due application of the present General Terms and Conditions as the sole terms and conditions governing the online sale between the seller and the buyer.

ARTICLE 2 – PRODUCTS

The products are presented as faithfully as possible on our website. However, the photos shown online are illustrations for general guidance purposes only. We decline all liability for any inaccurate or inadequate representation of the photos on our website and we invite the customer to refer to the description of each product to find out the exact features or/and to contact us by e-mail sent to Gokhan@philmode.be for the information required.

We reserve the right to add new products, to delete all or part of the products sold or presented at the website, to change the way they are presented or to cease the sale of products.

ARTICLE  3 - PRICES

Our prices are stated in EUR, including tax and costs, and excluding carriage charges as detailed under article 5.

In theory, our prices are unchangeable. However, we may pass on any changes to applicable VAT rates or new taxes that were to be implemented prior to the delivery date.

ARTICLE 4 – ORDERS AND PAYMENTS

Shipment of the products is contingent on payment in full thereof, and subject to stock availability.

The accepted methods of payment are: by credit card, debit card or bank transfer.

ARTICLE 5 – TERMS OF DELIVERY AND DELIVERY COSTS

In line with the customer’s choice, the goods may be collected free of charge from our shop during opening hours, or be delivered to the address specified by the customer, exclusively in Belgium, mainland France, The Netherlands and the Grand-Duchy of Luxembourg.

If the customer has chosen to take delivery of the order at our shop, the order shall be available to be picked up at our shop at 198 voie de l’Air pur in 4052 Beaufays, 72 hours upon receipt of payment.

If the customer has chosen to have his order delivered to a delivery address, the order shall be dispatched by us within 10 working days counting from the time of receipt of the customer’s payment, subject to stock availability.

The delivery costs are based on the weight of the parcels and include packaging, handling and the parcel carriage costs.

The customer shall be responsible for taking receipt of the product, either by making sure that someone is at the address specified in the order sheet to take receipt of the parcel, or by collecting the parcel from the BPost distribution point within 14 days after the date of the delivery attempt notice. The price paid shall irrevocably accrue to the seller if the buyer fails to comply with his obligation to take delivery of the goods.

ARTICLE 6 – COMPLAINTS

It is incumbent on the customer to check his parcel upon receipt. If he should establish any kind of damage and wish to register his reservations about the products, the customer is to do is in a way that is clear and detailed on the delivery note with the person handing him his parcel or notify us of his reservations by letter sent by recorded delivery or by e-mail within 7 days after receipt of the parcel.

ARTICLE 7 – RIGHT OF WITHDRAWAL

The customer shall have the right to withdraw from the contract concluded without stating grounds within 14 days.

To exercise his right of withdrawal, the Customer is to notify us of his decision to withdraw from the contract within 14 days from the date of receipt of the goods, by e-mail sent to Gokhan@philmode.be or by by sending us, either by letter or by e-mail, the withdrawal form available on our website (insert link to the withdrawal form, a model of which is included as an appendix). In this notice, the customer is to clearly specify the number of the order which he wishes to withdraw from. The refund shall be paid into the account number from where the payment for the order was transacted, unless otherwise specified by the customer.

The customer is to return to us or send us back the goods, unworn, unwashed, carrying the original label, within 14 days at the latest we having advised us of his decision to withdraw. Failure to do see will see the returned goods refused. All return shipment costs shall be defrayed in full by the customer.

In the event of a withdrawal, we shall refund the goods, including the delivery costs (albeit excluding the return shipment costs) within 14 days after the return of the goods in perfect condition.

Download the withdrawal form

ARTICLE 8 – WARRANTY FOR CONSUMER GOODS

In compliance with articles 1649 bis to 1649octies of the Civil Code and if the customer is acting in his capacity as a consumer, we shall respond to all non-conformities that were to exist at the time of the delivery of the product and which were to appear within two years counting from that date.

However, the defect shall be deemed to be non-existent if, at the time of the conclusion of the contract, the consumer was aware of the defect or could not reasonably have been unaware thereof, or if the non-conformity is to be attributed to him.

It is hereby agreed that the consumer shall be required to notify us of all non-conformities in writing within no more than 2 months counting from the date on which he established the defect. The non-observance of this obligation shall see the consumer forfeit all entitlements by reason of non-conformity.

ARTICLE 9 – FORCE MAJEURE

We decline all and any liability for the non-performance of any which of our obligations if the said non- performance should be due to an instance of force majeure, to wit in the case of fire, hail, natural disasters, strikes, general lack of supplies, means of transport, etc.

ARTICLE 10 – RESERVATION OF TITLE OF OWNERSHIP

The products sold shall remain the property of the seller until receipt of payment of the price in full.

ARTICLE 11 – PROTECTION OF PERSONAL DETAILS

We process the personal details of the customer solely in connection with the performance of the contract concluded. The customer has the right to access his personal details and to have them amended. Moreover, the customer has to right to object to have his personal details used for direct marketing purposes.

These rights may be exercised free of charge by simple request sent to PhilMode, Gokhan@philmode.be.

ARTICLE 12 – APPLICABLE LAW

Unless peremptory statutory provisions should exist that apply to the contract in place with the consumer, the present agreement shall be governed by Belgian law.

ARTICLE 13 – COURTS OF COMPETENT JURISDICTION

Without prejudice to the peremptory statutory provisions that should apply to the contract in place with the consumer, all disputes directly or indirectly relating to the present agreement shall be exclusively heard by the courts of competent jurisdiction of the legal district of Liège, Liège Division (Justice of the Peace of the First Canton).

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