GENERAL TERMS AND CONDITIONS ANDRÉ1948
In placing your order, you accept the following general terms and conditions.
I. Applicability, II. Terms of Use of Website, III. Terms of Sale, IV. Miscellaneous
I. APPLICABILITY
These general terms and conditions (the “Conditions”) apply to: www.andre1948.com
II. TERMS OF USE OF WEBSITE
Exclusion of liability for external links
The Website may provide links to external Internet sites. André1948 hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. André1948 shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
Information on the website
The information on the Website is for general information purposes only and does not constitute advice. Even though André1948 has composed its Website with care, the information, texts, documents, graphics, movies, music and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. André1948 does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or Information is correct, up to date and accurate.
To the maximum extent permitted under applicable law, André1948 shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any willful misconduct or from gross negligence on the part of André1948.
André1948 shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including, but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Intellectual property
All brand names, logo, product names and titles used on the Website are trademarks or trade names of André1948 or third-party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to André1948 and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication.
Should you wish to use materials or information from this Website, you need our prior written approval to do so.
Data privacy
André1948 collects and processes your personal data according to the privacy and cookie notice
Unsolicited ideas
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to André1948 by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.
To the maximum extent permitted under applicable law, you hereby indemnify and hold André1948 harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the
Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
III. TERMS OF SALE ELIGIBILITY AND ORDERING
Eligibility
You can order as a registered user or as a guest. You need an email address to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding products to your shopping cart and submitting your order.
To place an order, you must be at least 16 years old, or older if that is required under applicable law to enter into agreement with André1948, and you must be a consumer – not a reseller.
Ordering
All prices indicated are EUR amounts and include value added tax. Orders and deliveries are only possible within Europe. If André1948 is not able to execute an order, André1948 will inform you as quickly as possible. Orders are accepted only in quantities usual for households. When you submit an order, we will send you an email acknowledging receipt of your order (Order Confirmation). This does not mean that we have accepted your order. Our acceptance of the order takes place when the products are shipped to you. At this point a contract, containing these General Terms and Conditions, comes into existence and is binding on you and us (the Contract).
Products on the Website are generally in stock and ready to be sent. Any sizes that are out of stock are marked as unavailable. We may have stock issues when customers order products at the same time. When we are unable to ship an item already ordered, we may cancel or reject that part of your order and you will be reimbursed or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur. Our online collection is regularly replenished so it’s worth checking back with us regularly. Please note that we cannot make or accept any changes to your order (address, size, color) once your order has been placed.
Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right to cancel your order for any legitimate reason, including but not limited to the following situations:
• The product is not available
• Your billing information is not correct or not verifiable
• Your order is flagged up by our security systems as an unusual order or an order susceptible of fraud
• You are under 16, or you are otherwise not of the age permitted under applicable law to
enter into an agreement with André1948
• You are a reseller
• If applicable, your bank transfer payment is not received within 5 business days after the Order Confirmation
• We could not deliver to the address provided by you due to circumstances or events beyond our control.
PAYMENT AND PROMOTIONAL OFFERS
Payment method
You can pay for the products by, Bancontact, credit card (MasterCard, Visa, American Express), PayPal or by other means as may be applicable on our website.
The maximum amount you can spend in one order varies depending on the payment method you select.
Promotional offers
Promotion codes are only valid for purchases on André1948.com, usually for single use only, unless stated differently.
For the promotion code to be applied successfully, the total order amount must exceed the value of the promotion code.
Promotion codes are non-refundable nor replaceable in case of (full or partial) returns of an order.
Please note:
• Only one promotion code is redeemable per order, unless stated differently.
• Promotion codes cannot be used in combination with other existing promotions or sales, unless stated differently.
• In case of returns, the promotion code value will be proportionally split across the ordered items.
Data check
During the payment process André1948 may perform credit checks. Based on the outcome of those checks André1948 may change, adjust or decline an order and/or the selected payment method. In most cases André1948 will offer you the option to select a different payment method. Our customer service team will not be informed of the outcome of credit checks.
Your total price
The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.
Price changes
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
DELIVERY AND RETENTION OF OWNERSHIP
Delivery
See our delivery information for more details including our delivery rates (if applicable).
If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email. Not doing so will not affect your legal rights.
Retention of Ownership
You are responsible for the products following delivery of the products to the address you gave us. The products remain the property of André1948 until payment is made in full.
RETURN AND CANCELLATION OF ORDERS
Your right to cancel
Your online order may be returned within 14 days of receipt without having to give any reason. If you cancel your order, we will reimburse all payments received from you, including the costs of standard delivery and administration fees (if applicable), without undue delay and in any event not later than 10 days after receiving your return. The following products may not be returned: mouth masks.
Returned items
Returned items must be in the condition in which you received them: the returned products must be complete, unworn, unwashed, unused, and have all the product labels and tags intact. Always put return items in their original packaging. If you do not comply with the foregoing and the value of the product diminishes as a consequence thereof, we can hold you liable for such diminished value.
Please make sure that you do not have returns from multiple orders in one parcel to ensure that you get your refund as quickly as possible.
Returning defective products
You may return products delivered to you that are defective, wrongly described or otherwise not in conformity with your order. You can do so within 14 days after receiving your order. In the event your claim is justified, the purchase price and the shipping costs (if applicable) will be refunded.
How to make a return
As a registered user: Log in to your account to make a return.
As a guest: if you do not have an account, please send us an email so we can send you a return form. It is always possible to return your item to our pick-up point after making an appointment via email.
Return address / Pick-up point:
André1948
Returns
Sint-Maartenplein 1
3512 Stevoort- Hasselt
BELGIUM
No exchange
André1948 does not have an exchange service. You can return any product that you are not fully satisfied with and receive a refund. If you would like another product, color or size, we kindly request you to place a new order.
Refunds
Once your returned products have been inspected, you will receive an e-mail notification. In order to get a full refund, it is important that we receive the returned products in the state in which you received them: the returned products must be complete, unworn, unwashed and have all the product labels and tags intact.
IV. MISCELLANEOUS CONTACT INFORMATION
André1948
Sint-Maartenplein 1
3512 Stevoort – Hasselt
BELGIUM
E-MAIL: info@andre1948.com
VAT number: BE 0463.497.771
CHANGES
If André1948 decides to change these general terms and conditions, we will post the changed terms and conditions on our Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes. These terms and conditions were last modified in November 2020.
GOVERNING LAW AND JURISDICTION
These general terms and conditions are governed by the laws of Belgium but excluding the Vienna Convention for the International Sale of Goods. The competent court of Hasselt, Belgium shall have non-exclusive jurisdiction to settle any dispute in connection with these general terms and conditions without prejudice to the right of appeal and that of appeal to the Supreme Court which means that you may bring a claim to enforce your consumer protection rights in connection with these general terms and conditions in Hasselt or in the EU country in which you live.