Last updated on April 28th, 2017
These terms and conditions (referred to as the "Terms", together with the documents expressly incorporated in them or other terms that may be applicable to you) tell you information about CarréCouture, a company registered in Belgium with registered seat at Rameyenstraat 6, 2590 Berlaar, Belgium and with company number 0647.814.104 ("CarréCouture") and the legal terms and conditions on which you (a private individual) as a customer ("you", "your", "customer" or any similar expression) can use our platform accessible via the website www.carrecouture.com (jointly referred to as the "Platform").
These Terms will apply to any subscription or access to the Platform and any purchases of products made available via the Platform (referred to as "Products"). Please note that when registering, you will be asked to explicitly agree to these Terms. Additionally, by making use of our Platform without registration, you explicitly agree to be bound by these Terms where and to the extent relevant.
Please read these Terms carefully and make sure that you understand them, before registering on and/or using the Platform. The Terms contain important clauses which may impact on your legal status such as your rights as a consumer, liability and indemnification clauses, limited warranties, a dispute resolution clause and other important terms.
We advise you to print a copy of these Terms or save them to your computer for future reference. If you do not agree with any provision set out in these Terms, you cannot access or otherwise use the Platform. If you have any questions, please contact us via the Contact Us page or see the Contact section below.
The Platform allows you to buy Products directly from selected vendors named on the website (each a "Vendor").
The Platform acts purely as a venue for Vendors to offer Products for sale, and for buyers to purchase such Products. Sales are exclusively concluded between the Vendor and the buyer, under the terms and conditions as set out in these Terms and in no capacity whatsoever CarréCouture intervenes in the sale of Products safe for providing and operating the Platform. Any communication you receive from and / or send to us relating to the sale of a Product by a Vendor to you (including but not limited to availability of Products, pricing, order confirmation, payments, approval of the return of Products, etc.) is made and / or received by us in the name and on behalf of the Vendor.
CarréCouture has no control over and does not guarantee the existence and/or quality of the Products advertised for sale by the Vendors or the ability of Vendors to sell the Products. Any claims in relation to the purchase must be directed to CarréCouture, although CarréCouture is not responsible for the quality of the goods delivered by the vendor, they are the first point of contact for the customer and they will act as an intermediate service between you and the vendor and will take care of dispute management, returns, payment processing and provide customer support. CarréCouture can be held responsible by you if they do not take care of returns and refunds or deliver inadequate support.
Legal ownership of the Products is transferred exclusively between Vendor and the buyer and CarréCouture does not intervene in any capacity in such transfer.
The images of the Products on the Platform are for illustrative purposes only. Although we have made best efforts to display the Products correctly, your Products and / or their packaging may vary slightly from the images shown on our Platform. CarréCouture does not warrant that the descriptions and depictions of Products on the Platform in whatever form is accurate, complete, reliable, legally compliant, current, or error-free. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Please contact us or your local consumer protection authority for further information. Nothing in these Terms will affect these legal rights.
We offer you the possibility to use the Platform and to make purchases of Products in the English language only and communications with you shall also be made in this language. You explicitly acknowledge that your knowledge level of the English language is sufficient to understand your legal rights and obligations as set out in these Terms.
To purchase Products, it is not required that you create an account beforehand, but you will be asked to run through several identification and information steps to complete your purchase. Only private individuals (no legal entities or corporations) can register and purchase Products via the Platform.
Only persons having reached the age of 18 (16 years in The Netherlands) are allowed to make purchases on our Platform. When you purchase Products, you must comply with all applicable laws and regulations you are subject to and we will not be liable or responsible if you act contrary to any such laws or regulations by purchasing Products.
If you do not meet the criteria set out in these Terms, you cannot purchase Products on our Platform and any successful attempt to circumvent this will lead to a cancellation of the contract. In addition, in case of such attempt we reserve all our legal rights (including the right to claim damages) to suspend or block you from further use of the Platform.
For customer management and compliance purposes, we will archive the purchase contracts you conclude with Vendors and you may require access to these contracts by contacting us. Alternatively, we refer you to your account where you can review your purchases made.
To make purchases on our Platform, we will ask you to run through different steps in order to allow us to identify you (by using your account or providing your information), register your delivery and payment details, and to confirm your order including possible discount codes. Before placing your order, we provide you with a detailed overview of your personal and delivery details, the Product you intend to order, the Vendor from which you intend to order the Product, and the applicable contractual documents. We strongly encourage you to review in detail all information you provided and Products selected for purchase.
During each step of the ordering process we allow you to cancel the order or to go back to the previous step in the order process to correct any errors you may have made during this process.
It is your obligation, for which you take full liability, to ensure that all information submitted during the ordering process is truthful, complete and accurate. Any errors should be communicated to us as soon as possible and in this case we reserve the right to cancel the order or subject it to different terms, to the extent permitted by applicable law.
The representation of the goods at the Platform is not a legally binding offer, but a non-binding online catalog. By clicking the button "Place order", you make a binding purchase offer. Before the order is placed, the order data are displayed to you in an overview. You may change the order data by clicking on the respective order step in the bar above the order overview. However, by placing the order you accept the validity of these Terms. These Terms can be printed using the ["Print"] function and saved using the
["Save"] function of the browser.
After placing an order, we will send you an email acknowledging we have received your order. However, please note that this does not mean that your order has been accepted by the Vendor. We will confirm acceptance by the Vendor by sending you an email confirming you that the Products have been sent for delivery ("Order Confirmation"). The contract between you and Vendor will only be concluded when we send you the Order Confirmation. If your order is dispatched in more than one shipment, you may receive a separate Order Confirmation for each shipment, and each Order Confirmation and corresponding dispatch will conclude a separate contract of sale between you and the Vendor for the Product(s). Your order is subject to these Terms which are incorporated into and form part of the contract of sale between you and the Vendor. The version of the Terms sent along with the Order Confirmation will be the version applicable to your order made on the Platform.
You can check your orders on the Platform through your account, or via the link provided in your Order Confirmation.
If the Vendor is unable to supply you with a Product, for example because that Product is no longer available or because of an error in the price on our Platform, we will inform you of this and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible. In some cases, we may also recommend alternative Products, but you are solely responsible to verify whether such alternative Products meet your requirements.
You can use the Platform free of charge.
The prices of the Products will be as quoted on our Platform. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, as our site contains a large number of Products it is always possible that, despite our reasonable efforts, some of the Products on our Platform may be incorrectly priced. If we discover an error in the price of the Products you have ordered and a Product’s correct price is lower than the one stated on our Platform, the lower amount will be charged and the Product will be sent to you. If we discover an error in the price of the Products you have ordered and a Product’s price is higher than the price on our site we will inform you of this error and you will be given the option to proceed with the purchase of the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that in circumstances where Products are incorrectly priced, we will not be obliged to supply Products at the incorrect price.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
Each country / state has different rules concerning customs, import duties and / or value added or sales taxes. Prices displayed on the individual product pages include the applicable import duties and / or value added or sales taxes based on your location (as selected by you from the list of preferred locations). The final prices are computed at the end of the ordering process and include the at the date of your order applicable import duties and /or value added or sale taxes, based on the location where the selected Products are shipped from and the address where they have to be delivered to you. You will not receive an additional bill from the courier in this respect.
The final prices computed at the end of the ordering process will be inclusive of delivery charges. The delivery charges may vary per region and chosen delivery method, if applicable. The delivery charges will be indicated during your order process after you have chosen your delivery address and method.
You can pay with the payment methods as indicated on the F.A.Q.. Payment for the Products and all applicable delivery charges is in advance.
We will arrange for the delivery of the Product from the Vendor to you. You can choose the delivery options as indicated on the Platform. The costs of the delivery option chosen will be indicated during the order process.
Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is a Force Majeure Event in accordance with clause “Force Majeure Event” in section “General but important terms”. In case delivery is delayed due to a Force Majeure Event, we will contact you with a revised estimated delivery date. In addition to your rights under section “Returns”, in the unlikely event that the Products are not made available to you within 30 days of accepting your order, you will have the option of cancelling your order by notifying us accordingly prior to delivery.
Delivery will be completed when the Products are delivered to the address you provided us. If no one is available at your address to take delivery on the first and second presentation, the Products will be returned to the Vendor in which case, please contact us to rearrange delivery. Products will be your responsibility as from the completion of delivery.
You will become owner of the Products once we have received payment in full, including all applicable delivery charges.
Products are only delivered to countries pertaining to the European Union, the EFTA and to the United States of America, Canada and Australia. You may place an order for Products from outside these territories, but this order must be for delivery to an address within the aforementioned countries. You must comply with all applicable laws and regulations of the country for which the Products are destined. Neither we nor the Vendor accept liability or responsibility for you infringing any such laws or regulations.
You have the right to withdraw from your purchase with the Vendor within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party addressee other than the carrier and indicated by you acquires, physical possession of the goods (or in case you ordered multiple Products in one order which are delivered separately, the day on which you acquire, or a third party addressee other than the carrier and indicated by you acquires, physical possession of the last good). After this term, the withdrawal period will expire and you will no longer have the right and be able to withdraw from your purchase. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
To exercise the right of withdrawal, you must inform us, CarréCouture support, Rameyenstraat 6, 2590 Gestel, Belgium, +32(0)38082650, email@example.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. We will also send this form to you by email once the Vendor accepted your order. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website www.carrecouture.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal via e-mail without delay.
If you withdraw from your purchase, all payments received from you will be reimbursed to you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us or with the exception of the event of a partial withdrawal), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from your purchase. Such reimbursement will be carried out using the same payment method as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Reimbursement may be withheld until the Vendor will effectively have received the returned Products back.
You shall send back the goods or hand them over to the Vendor or the courier, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the term of 14 days has expired. You may have to bear the direct cost of returning the goods.
You are solely liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Details of your right to withdraw from your purchase and an explanation on how to exercise it are provided in the Order Confirmation.
As you purchase directly from the Vendor, the Vendor may be bound by certain legal guarantees on the Products sold by the Vendor, which are unaffected by the provisions as stated in section “Returns”. For further information on the applicable conditions of such vendor guarantee, we refer you to the relevant Vendor as the applicable mandatory rules will vary per jurisdiction.
Subject to your compliance with these Terms, CarréCouture grants you a limited, non-exclusive, worldwide, non-transferable and revocable right to use the Platform for the purposes as described on the Platform with the exclusion of any other use.
You acknowledge that all copyrights, trade secrets and other right, title and interest in the Platform and its content, are the sole property of and vest in CarréCouture and that you gain no right, title or interest in this by virtue of these Terms. CarréCouture has an exclusive right to modify, translate or adapt the Platform at any time in the way it sees fit.
You agree not to use the Platform for other purposes than the normal purposes of the Platform, i.e. the buying of Products. Without being exhaustive, you agree not to use the Platform to (a) commercially exploit the Platform's content; (b) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (c) send or store viruses, worms, time bombs or other malicious code; (d) attempt to gain unauthorized access to any of CarréCouture's related systems or networks; (e) use automated systems or software to extract data from the Sites for commercial purposes (screen scraping) or (f) in general, act contrary to laws, decrees and other legal instruments applicable to the you.
You are responsible for the confidentiality and use of your username and password. Immediately notify CarréCouture of any unauthorized use of, loss or any other unauthorized exposure of your username and/or password or any other breach of security.
You will not (i) modify, copy or create derivative works based on the Platform; (ii) reproduce, distribute, reverse engineer, decompile, disassemble, translate or otherwise make the Platform available to any third party; (iii) build or maintain a product or service that competes with the Platform; (iv) build or maintain a product or service that is similar to the Platform in any non-trivial way; or (v) copy any ideas, features, functions, templates created by CarréCouture or graphics of the Platform.
You agree not to use any “deep-link”, “robot”, or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Platform. We reserve the right to take measures to prevent any such activity. You may not resell use of, or access to, the Platform to any third party.
You acknowledge and accept that a secure internet and network environment is a prerequisite for gaining access and using the Platform. CarréCouture cannot be held liable for any insecurity caused by your computer, operating system, internet connection, firewall, network, etc. You are responsible for updating any security-related aspect of your network environment.
Any information, material, suggestions, ideas, questions, comments or other communication you transmit or post to the Platform (a “User Communication”) is and will be considered non-confidential and non-proprietary and you agree to waive your right to be identified as the author of the User Communication.
You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes, without compensation. We will have no liability related to the content of any User Communication and retain the right to remove any User Communication.
You represent and warrant that you own any and all rights in any User Communication you submit and that this does not and will not infringe upon the rights of any other person.
It is our policy to terminate use privileges of any user who infringes the copyright rights or any other rights of others upon receipt of proper notification to us by the person whose rights have been infringed. As such, we also reserve the right (but are not under the obligation) to remove or edit any User Communication. Because we host many User Communication, it is not possible for us to read and review each material submitted on the Platform. However, if you are of the opinion that any User Communication is in violation of any of the above and below rules and restrictions, please contact us by emailing firstname.lastname@example.org.
Without being exhaustive and for exemplary purposes only, we do not allow a User Communication which is:
You understand that when using the Platform, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.
You can terminate your account at any time. However, you will remain bound by the obligations resulting from the purchases you have made on the Platform prior to terminating your account.
Without prejudice to its other rights under these Terms and applicable law, CarréCouture can terminate and/or suspend your account with immediate effect without intervention of a judge, if you commit a breach of these Terms and — in the case of a breach capable of remedy — you fail to fully remedy it within four (4) calendar days of receipt of a notice from CarréCouture.
Upon suspension of your account by CarréCouture in accordance with the provisions of these Terms, your access and license rights with respect to the Platform shall be temporarily terminated, during the period of the suspension.
CarréCouture warrants that the Platform, as long as it is offered, shall function substantially in accordance with its description on the Platform. You recognize, however, that all software (on which the Platform is based) may contain errors.
CarréCouture shall use reasonable efforts to maximize the availability of the Platform. You however recognize, and therefore agree not to hold CarréCouture responsible on whatever ground, that this availability is subject to a variety of interdependent factors (such as the availability of telecommunication links, the interaction between software of various parties, network congestion on the Internet, etc.), which are substantially out of the control of CarréCouture.
CarréCouture does not warrant that the Platform will be error free or will perform in an uninterrupted manner.
You acknowledge that the access to and use of the Platform may be suspended from time to time due to unanticipated or unscheduled downtime. In addition to the other provisions set out in these Terms, CarréCouture may suspend the (access to the) Platform without involvement of a judge and without liability if (i) it reasonably believes that the Platform is being used in breach of these Terms; (ii) there is an internal or outside attack on CarréCouture's IT systems; (iii) CarréCouture is required to do so by law; or (iv) there is another event for which CarréCouture reasonably believes that the suspension of the Platform is necessary to protect its IT systems or customers.
This clause constitutes CarréCouture's only warranty concerning the Platform and is made expressly in lieu of all other warranties.
Note that your use of the Platform is subject to our website Terms and Conditions.
As stated throughout the Terms, any purchase of Products is concluded directly between the Vendor and you. CarréCouture will act only as an intermediate service in the event of claims and demands in relation to such Products. CarréCouture will always be the first point of contact for the shopper in case of complaints and/or issues and will take full responsibility for all transactions on the website and will take care of all payment related questions, such as refunds and cancellations. Where we would fail to comply with these Terms, due to a fault attributable to us and under the conditions as set out below, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into our agreement.
The Platform, as well as the Products offered on it, are only supplied for domestic and private use. You agree not to use the Platform and/or Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of opportunity or loss of data.
To the extent allowed by applicable law, and within the limits as set out in these Terms, CarréCouture's total aggregate (i.e. not calculated per event giving rise to liability) liability under this agreement with you and under whatever legal theory, shall be limited to a total amount of 50 EUR (fifty euro).
Nothing in these Terms shall limit or exclude CarréCouture's liability for fraud or wilful misconduct or any other matter for which liability cannot be limited or excluded as a consequence of mandatory laws.
Online dispute resolution for consumers: the consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). If you have any questions you can contact us. See “Contact us” for more details.
Our contact details are set out in our Contact Us page. Where we refer to "in writing" in these Terms, this includes the use of e-mail.
To withdraw from your purchase with the Vendor in accordance with the provisions set out in section “Returns”, please contact us by telephone, e-mail, by post or by filling out the withdrawal form electronically. You may wish to keep a copy of your withdrawal form for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation or you fill in the electronic form, then your cancellation is effective from the date you telephone us/fill in the form.
If you wish to contact us for any other reason, please contact us by telephone, e-mail or pre-paid post as applicable using the contact details set out on the Contact Us page.
If we have to contact you or give you notice in writing, we will do so by e-mail, by telephone or by pre-paid post using the contact details you provide to us in your order.
Entire Agreement – These Terms constitute the entire agreement between you and CarréCouture, and supersedes all other communications, written or oral, with regard to the use of the Platform and related services.
Waiver – A failure or delay of any party to enforce at any time any of the provisions of these Terms, or the failure to exercise any right which is provided therein or to require at any time performance of any of the provisions thereto, shall in no way be construed to be a waiver of such provisions of these Terms by such party in the event of a continuation or repetition of the circumstances which gave rise to such right.
Force Majeure Event — CarréCouture neither the Vendor will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our agreement with you that is caused by a Force Majeure Event. Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If a Force Majeure Event takes place that affects the performance of our obligations: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
Severability – Should any clause (or part thereof) of these Terms be found to be invalid or unenforceable, such clause (or part thereof) shall be deemed severed from these Terms, and the other clauses thereof shall remain in full force and effect, as if these Terms had been executed without the offending clause appearing. In such a case, the Parties shall negotiate in good faith and on a commercially all reasonable efforts basis to agree alternative or amended valid, legal and enforceable clauses with the same economic effect as intended by the parties hereto.
Interpretation – Any heading, caption or section title contained in this these Terms is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Assignment – CarréCouture reserves the right to assign its rights and/or obligations under all or part of these Terms at any time to a third party that can sufficiently execute the obligations under these Terms so you will not be affected by this assignment.
Links – The Platform may provide links to other websites or resources. CarréCouture is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
Survival – Those conditions of these Terms whose intention and scope are designed to remain in existence, will also survive the termination, expiry, fulfilment or cancellation of these Terms.
Governing law and jurisdiction – This Agreement and all respective rights and obligations of the parties shall be governed by and construed in accordance with the laws of Belgium (excluding its conflicts of laws rules). Should you have any complaint, we strongly encourage you to contact our customer service. Each party shall have the right to submit an unresolved issue to the Antwerp (Belgium) courts, which shall have exclusive jurisdiction to settle any such dispute, controversy or claim which may arise in connection with these Terms, as far as allowed by applicable law.
Changes to the Agreement – CarréCouture has the right to change these Terms at any time. We strongly encourage you to review the latest version of these Terms upon any visit to the Platform. By placing the Order you accept the Terms available on the Platform at the time of Order Placement.
To CarréCouture, with address Rameyenstraat 6, 2590 Gestel, Belgium and with company number 0647.814.104 ("CarréCouture") and VAT number BE 0647.814.104, telephone number +32 (0)38082650 and e-mail address email@example.com:
I/We (circle as appropriate) hereby give notice that I/We (circle as appropriate) withdraw from my/our (circle as appropriate) contract with reference ________________________for the provision of the following goods ordered via the Platform, with the following references:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if on paper):