General Terms and Conditions - General Terms and Conditions

Updated September 13, 2023

I. GENERAL CONDITIONS OF USE

1.Scope of application

These general conditions of use (hereinafter the "CGU") apply to any visit or use of the Platform and its information by an Internet user (hereinafter "User").

By visiting or using the Platform, the User acknowledges having read these T&Cs and expressly accepts the rights and obligations mentioned therein.

The provisions of the T&Cs may exceptionally be waived by written agreement. These waivers may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the T&Cs.

We reserve the right to modify our T&Cs at any time, without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.

2. Platform

a. Access and navigation

We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer an absolute guarantee of operability and our actions must therefore be considered as being covered by an obligation of means.

Any use of the Platform is always at the User's own risk. Thus, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or harmful elements present on the Platform.

We reserve the right to restrict access to the Platform or interrupt its operation at any time, without prior notice.

b. Content

Artifyce Vintage Clothing largely determines the content of the Platform and takes great care of the information on it. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without incurring any liability.

Artifyce Vintage Clothing cannot offer an absolute guarantee regarding the quality of the information on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently precise or up to date. Consequently, Artifyce Vintage Clothing cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information on the Platform.

If any content on the Platform violates the law or the rights of third parties, or is contrary to morality, we ask you to inform us as soon as possible by email so that we can take appropriate measures.
Any download from the Platform always takes place at the User's own risk. Artifyce Vintage Clothing cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User's computer system, which are entirely and exclusively the User's responsibility.

c. Services reserved for registered Users

1) Registration

Access to certain services is subject to the User's registration. Registration and access to the Platform's services are reserved exclusively for legally capable individuals who have completed and validated the registration form available online on the Platform as well as these T&Cs.

When registering, the User undertakes to provide accurate, sincere and up-to-date information about himself and his civil status. The User must also regularly verify the data concerning him in order to maintain its accuracy. The User must therefore imperatively provide a valid e-mail address, to which the Platform will send him a confirmation of his registration to its services. An e-mail address cannot be used multiple times to register for the services.

Any communication made by the Platform and its partners is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received at this email address and, where appropriate, to respond within a reasonable time.

Only one registration is permitted per natural person.

The User is assigned an identifier allowing him to access a space to which access is reserved for him (hereinafter "Personal Space"), in addition to entering his password.

The username and password can be changed online by the User in their Personal Space. The password is personal and confidential, and the User therefore undertakes not to communicate it to third parties.

Artifyce Vintage Clothing reserves the right in any event to refuse a request for registration to the Platform's services in the event of non-compliance by the User with the T&Cs.

2) Unsubscribe

The regularly registered User may request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the form provided for this purpose.

3. Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between Artifyce Vintage Clothing and the external website or even that an implicit agreement exists with the content of these external sites.

Artifyce Vintage Clothing has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he leaves the Platform. We cannot therefore be held responsible for any subsequent damage.

4. Intellectual property

The structure of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which compose it or which are accessible via the Platform are the property of the publisher and are protected as such by the laws in force under intellectual property.

Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, with the exception of elements expressly designated as royalty-free on the Platform.

The User of the Platform is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial use. Unless prior written consent is obtained, Users are not authorized to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.

The User is prohibited from entering data on the Platform which would modify or which could modify its content or appearance.

5. Protection of personal data

The personal data provided by the User during his visit or use of the Platform are collected and processed by Artifyce Vintage Clothing exclusively for internal purposes. Artifyce Vintage Clothing assures its users that it attaches the greatest importance to the protection of their privacy and personal data, and that it always undertakes to communicate clearly and transparently on this point.

Artifyce Vintage Clothing undertakes to comply with the applicable legislation in this area, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data.

The User's personal data is processed in accordance with the Privacy Policy available on the Platform.

6. Applicable law and competent jurisdiction

These T&Cs are governed by Belgian law.

In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where Artifyce Vintage Clothing has its head office.

7. General provisions

Artifyce Vintage Clothing reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice, and without incurring liability.

In the event of a violation of the T&Cs by the User, Artifyce Vintage Clothing reserves the right to take appropriate sanction and remedial measures. In particular , Artifyce Vintage Clothing reserves the right to refuse the User any access to the Platform or to our services temporarily or permanently. These measures may be taken without giving any reason and without notice. They cannot engage the liability of Artifyce Vintage Clothing or give rise to any form of compensation.

The total or partial illegality or invalidity of a provision of our T&Cs will have no impact on the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.

II. GENERAL CONDITIONS OF SALE

1. Scope of application

These general terms and conditions of sale (hereinafter the "GTC") define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter "Customer").

The General Terms and Conditions express the entirety of the parties' obligations. The Customer is deemed to accept them without reservation, failing which his order will not be validated.

The provisions of the General Terms and Conditions may exceptionally be waived to the extent that these waivers have been agreed in writing. These waivers may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the General Terms and Conditions.

Artifyce Vintage Clothing reserves the right to modify the T&Cs from time to time. The modifications will be applicable as soon as they are posted online for any purchase after this date.

2. Online store

Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having any contractual value.

The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the Seller cannot be held liable for this.

Products and services are offered subject to availability.

Prices and taxes are specified in the online store.

3. Price

The Seller reserves the right to modify its prices at any time by publishing them online.

Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability on that date. Prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced in addition before the validation of the order by the Customer.

The total amount of the order (all taxes included) and, where applicable, delivery costs is indicated before final validation of the order form.

4. Online ordering

The Customer has the option to fill out an order form online, using an electronic form. By filling out the electronic form, the Customer accepts the price and description of the products or services.

For his order to be validated, the Customer must accept these terms and conditions
T&Cs by clicking where indicated.

The Customer must provide a valid email address, billing details and, where applicable, a delivery address. Any exchange with the Seller may take place using this email address. In addition, the Customer must choose the delivery method and validate the payment method.

The Seller reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem with the Customer's account until the problem is resolved.

5. Confirmation and payment of the order

The Seller remains the owner of the items ordered until receipt of full payment for the order.

a. Payment

The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation serves as a signature.

The Customer guarantees to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale and to the payment of the sums due under the order.

The Seller has implemented a procedure for verifying orders and means of payment intended to provide reasonable protection against any fraudulent use of a means of payment, including by asking the Customer for identification data.

In the event of refusal of authorization of payment by bank card by accredited organizations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.

The Seller also reserves the right to refuse an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.

b. Confirmation

Upon receipt of the validation of the purchase accompanied by payment, the Seller transmits it to the Customer, as well as an invoice, unless the latter is delivered with the order.

The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.

In the event of unavailability of a service or product, the Seller will keep the Customer informed by email as soon as possible in order to replace it or cancel the order for this product and possibly reimburse the related price, the remainder of the order remaining firm and final.

6. Proof

Communications, orders and payments between the Customer and the Seller may be proven using computerized records, stored in the Seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

7. Delivery

Delivery is only made after confirmation of payment by the Seller's banking institution.

The products are delivered to the address indicated by the Customer on the online form serving as a purchase order. Additional costs resulting from incomplete or incorrect information provided by the Customer will be invoiced to the Customer. For reasons of availability, an order may be subject to several successive deliveries to the Customer.

Delivery takes place, depending on the method chosen by the Customer, within the following timeframes:

Standard delivery 6-10 working days.

Delivery times are given for information purposes only. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If delivery times exceed thirty days from the order, the sales contract may however be terminated and the Customer reimbursed.

a. Verifying the order

Upon receipt of the products, the Customer or recipient checks the good condition of the product delivered or the conformity of the service provided.

In the event that one or more of the products ordered are missing or damaged, the Customer or recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller.

The verification is considered to have been carried out once the Customer or a person authorized by him has received the order without issuing any reservations.

Any reservation not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the Seller from any liability towards the Customer.

b. Delivery error

In the event of a delivery error or non-conformity of the products with the information appearing on the order form, the Customer shall inform the Seller within three working days following the delivery date.

Any claim not made within the time limit will not be taken into account and will release the Seller from any liability towards the Customer.

c. Returns and Exchanges

The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, in accordance with the following terms:

For any return, the customer must first inform the seller by email.
- Items can only be returned in their original packaging.
- Sale items are neither returned nor exchanged.
- Returned items must not show any signs of wear or must not have been worn.

The return period is 14 working days from receipt of the package.

Any claim or return not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the Seller from any liability towards the Customer.

Any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging. Return costs are the responsibility of the Customer.

8. Guarantees

The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of conclusion of the contract.

a. Guarantee of conformity

If the Customer is a consumer, he has a period of two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the product purchased was a second-hand good, the warranty period is one year.

The lack of conformity must be reported to the Seller as soon as possible and, in any event, no later than two months after its discovery.

9. Right of withdrawal

If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days following delivery of the goods or conclusion of the service contract.

After having communicated his decision to withdraw, the Customer then has 14 days to return or restore the goods.

Any withdrawal not made in accordance with the rules and deadlines defined by this article cannot be taken into account and will release the Seller from any liability towards the Customer.

The Customer may request a refund for the returned product, without penalty, with the exception of return costs which remain their responsibility.

The return or exchange of the product can only be accepted for products in their entirety, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.

The Seller shall reimburse the Customer for all sums paid, including delivery costs, within 14 days of recovery of the goods or transmission of proof of shipment of these goods.

10. Data protection

The Seller will keep in its computer systems and under reasonable security conditions proof of the transaction including the purchase order and the invoice.

The Seller guarantees its Customer the protection of the latter's personal data in accordance with the Privacy Policy available on the Platform.

11. Force majeure

If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond its control, this is considered force majeure.

In the event of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, for the entire duration of the force majeure. The Seller shall immediately notify the Customer.

If the force majeure continues for more than 90 days without interruption, each party to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. The services already performed by the Seller will nevertheless be invoiced proportionally to the Customer.

12. Independence of clauses

The total or partial illegality or invalidity of a provision of these General Terms and Conditions shall have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.

13. Applicable law and competent jurisdiction

These General Terms and Conditions are governed by Belgian law.

In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller's registered office.