Conditions of Sale
This eShop (the "Maison Degand EShop") is made available by Pierre Degand SA, a Belgian company with registered offices at 415 avenue Louise, 1050 Brussels, Belgium, registered with the Register of legal entities of the Central Data Bank of Enterprises (BCE) Brussels, under the number 0457.744.483.
Any purchase concluded trough the Maison Degand EShop will be concluded by the Customer (as hereinafter defined) and Pierre Degand SA.
Pierre Degand SA is hereinafter called "Seller" and any person wishing to buy via the Seller’s website is hereinafter called the "Customer".
The Customer can contact the Seller through the following channels:
- Mail : PIERRE DEGAND S.A., avenue Louise 415, 1050 Brussels (Belgium)
- Phone : +32 2 627 17 63
- Contact form: https://maisondegand.com/pages/contact-us
Scope and applicability
These Terms of Sale govern the contractual relationship between the Seller and the Customer submitting an order through the Maison Degand EShop. By checking the acceptance box in the checkout process, the customer accepts these Terms of Sale. These Terms of Sale are supplemented by and should be read together with the Seller’s Return Policy, the Shipping Policy and the Privacy Notice. Any other terms and conditions are hereby explicitly rejected.
The Seller reserves the right to modify these Terms of Sale at any time. Each order placed through the Maison Degand EShop shall be governed by the Terms of Sale which were in force at the time of submitting the order.
If any provision of these Terms of Sale is found to be unlawful, invalid, void or unenforceable in any respect, the other provisions of these Terms of Sale shall not be affected and the unlawful, void or unenforceable term shall be replaced by a valid and enforceable provision which achieves, to the greatest extent possible, the same effect as would have been achieved by the unlawful, invalid, void or unenforceable provision but differing from the replaced provision as little as possible.
Characteristics of goods and services offered
The products and services offered are those listed in the catalogue published on the Maison Degand EShop. Product descriptions are those supplied by the products’ suppliers. The photographs in the catalogue are included as illustrations only. The Seller uses its reasonable efforts to ensure that pictures and photos are as faithful as possible but cannot guarantee a perfect similarity with the products offered, in particular regarding colours. Pictures of products may include elements which are included for decorative or informative purposes only and which are not part of the product offered. Only the product description is binding. Seller is not liable for or bound by obvious errors in the product description or in the price.
All products and services offered for sale through the Maison Degand EShop are offered within the limits of available stocks. The products and services catalogue is not binding on the Seller and does not constitute an offer. The Seller can modify the available goods and services at any time, without prejudice to the binding character of orders confirmed by the Seller pursuant to Article 8 (Orders). If despite the Seller’s efforts, one or more of the products listed in an order submitted by the Customer is unavailable, the Seller shall contact the Customer by email as soon as possible and offer the Customer the opportunity to choose between waiting until the missing product is available or cancelling the order relating to the unavailable products without charge and with a refund of the applicable delivery and shipping costs, if any.
The applicable prices are those mentioned on the Maison Degand eShop at the time the order is submitted (save for obvious errors). All prices are stated in euros (EUR) and include all taxes (VAT and other applicable taxes). The Seller reserves the right to change prices on the Maison Degand EShop at any time, provided that any such change will not have any impact on orders which have been submitted by the Customer before the change. The prices quoted do not include the costs of order processing, shipping, transport, and delivery. Any additional costs are explicitly indicated during check-out and the total price shall be displayed before the Customer proceeds to check-out. All products ordered remain the property of the Seller until the price is fully paid.
If despite all the Seller’s efforts, a product would be incorrectly priced on the Maison Degand EShop and the Customer would place an order on the basis of such an incorrect price, the Seller shall contact the Customer as soon as possible upon receipt of the order and provide an option to the Customer to purchase the goods at the correct price, or to cancel the order without charge. If the Seller has not been able to contact the Customer after three attempts, the Seller shall have a right to cancel the order with a full refund of any amounts paid and inform the Customer thereof.
Products available on the Maison Degand EShop are shipped worldwide (without prejudice to Seller’s right to refuse orders from certain countries due to circumstances such as import or export requirements, trade embargoes, issues in shipping, unavailability of carriers, etc.).
The Customer who wishes to purchase a product must:
- Fill in the identification form with all the requested data and contact details.
- Validate the order after checking it;
- Proceed to payment (payments are made under the conditions laid down);
- Confirm the order and the acceptance of the Terms and Sale.
Before final validation of the order, the Customer has, at all times, the possibility to change the content of the order. An order constitutes an offer towards the Seller, which is subject to the Seller’s acceptance and confirmation in order to be binding on both parties. Upon final validation of the order, the Customer will be invited to proceed to payment. An automatic confirmation of receipt will be issued momentarily after submission of the order by the Customer. Such an automatic confirmation does not constitute an acceptance of the order by the Seller. The purchase agreement will be concluded only after confirmation by the Seller that the order was accepted. Confirmations will be sent to the email address provided by the Customer during the check-out process.
In order to allow an efficient and correct processing of the order, the Customer must ensure that all data provided in the order form is correct, complete and up to date. Seller shall not be liable for any delays or failures in processing orders if the data provided with the order are not correct, complete and up to date. The Customer shall inform the Seller as soon as possible in case any of the data submitted with the order are not correct.
Orders must be placed by persons of 18 years of age and above. By accepting these Terms of Sale, the Customer confirms being at least 18 years old, or having the necessary authorisations from their parent or guardian, and the Seller shall be able to rely on such confirmation.
If the Customer is a consumer, the Seller provides an option to the Customer to cancel an order without cost and without providing a reason, before it is shipped. Orders can be cancelled by sending an email or by filling in the contact form. After cancellation of the order, the Customer will receive a confirmation of cancellation and any amount paid will be refunded in full.
Once the products are shipped, it is no longer possible to cancel an order, but the Customer will still be able to exercise their right of withdrawal in accordance with Article 10 below.
Right of withdrawal
According to the law, if the Customer is a consumer, within 14 days of the delivery day of the product, the Customer may notify the Seller of their decision to cancel their order and withdraw from their purchase, without penalty and without giving any reason for such a decision. Within this 14-day period, the Customer must notify their intention to withdraw the purchase through a clear statement by mail or by e-mail. The Customer may use the standard withdrawal form provided with the delivery but is under no obligation to do so.
Products must be returned, at the Customer’s own expense and risk, to the Seller’s offices at 415 avenue Louise, B-1050 Brussels Belgium, in their original packaging, undamaged (accompanied by all other accessories), and with the original invoice/delivery note. Products returned must not have been unpacked and used except as strictly necessary to try them on or to review the quality and with all original labels still attached. Products that are incomplete, damaged or soiled by the Customer will not be taken back.
In case of withdrawal, the Seller will refund the price of the products and the applicable shipping costs. However, shipping costs will be refunded only to the extent that all products of the same order are returned and only the costs of the cheapest shipping option will be refunded.
The refund will take place within 14 days after the return of the products.
All refunds are made without charge using the original method of payment used by the Customer when paying for the products, unless explicitly requested otherwise by the Customer.
Terms of payment
Orders are payable upon submission of the order after final validation by the Customer. The accepted methods of payment are American Express, Apple Pay, Google Pay, Maestro, Mastercard, Paypal, Shop Pay or Visa (note that those options might not be available for all countries). By using one of the payment methods mentioned above, the Customer declares being authorised to use the selected method of payment and that the selected payment method provides sufficient access to funds for paying the entire price of the order. Refunds shall be processed through the same means (unless the Customer specifically requests that another payment method be used). The products ordered remain the Seller’s exclusive property until full payment of the order by the Customer. If payment is not received by the Seller within five (5) days from the receipt of the order, the Seller shall have the right to cancel the order.
Where payment is processed through an external partner, the Seller will not process any payment data and will not keep records thereof. The Customer is solely responsible for saving and printing their proof of payment or other data related to the transaction.
Deliveries are made to the address mentioned by the Customer on the order form. Deliveries are made only in the agreed geographical area by a carrier selected by the Seller. The goods are shipped at the Seller’s risk until the goods are delivered to the address specified by the Customer for delivery. If no one is present at the delivery address to receive the order, the Customer must follow the instructions provided by the carrier.
The Seller reserves the right to deliver the order in partial deliveries (without additional cost for the Customer), for example if a part of the order is delayed. The Customer will be informed by email of such circumstance.
Delivery times are indicative; if these exceed thirty (30) days from confirmation of the order and if longer delivery times were not agreed, the Customer shall have the right to cancel the order and to obtain a full refund of the total price including delivery costs.
This Article 13 (Guarantee) applies only in case the Customer is a consumer.
The Customer who is a consumer benefits from the legal guarantee of two years from delivery for defects in conformity of the sold products. This guarantee period starts on the delivery day of the products ordered. The legal guarantee applies independently of any commercial guarantee. Should the Customer establish that the product delivered is defective the Customer must notify the Seller of the defect, describing the defect in question. Such notification must be sent by the Customer to the Seller by registered letter or email as soon as possible after the discovery of the defect and, at the latest, within two (2) months from the delivery of the product. The Seller will arrange, at its discretion, for the repair or the replacement of the defective product, without additional cost, or (if such repair or replacement is not possible) a refund. This warranty only covers existing defects of conformity at the time of delivery of the goods. Defects or damage due to normal wear and tear or to misuses such as negligence are not covered by the warranty. Repairs performed by technicians not approved by the Seller will cause the cancellation of the warranty. The invoice or the delivery note acts as a guarantee and must be kept by the Customer and produced in original.
The Seller, in the process of selling online, is bound only by an obligation of means and cannot be held liable for any circumstances beyond its control, including damage resulting from the use of the internet network such as loss of data, intrusion, viruses, break of the service, or other involuntary problems. The data included on the Maison Degand Website are provided in good faith and the Seller does not guarantee the accuracy, completeness of actual status of such data. The proposed links to websites of third parties such as manufacturers and/or partners are given for information purposes only. The Seller is not responsible for any information on these websites. Without prejudice to any of the rights and remedies granted to the Customer by applicable law or these general Terms of Sale, the Seller shall not be liable for indirect damage (such as loss of profit, loss of contract, loss of chance) and the Seller’s liability for direct damage will be limited to the value of the products ordered.
The full content of the Maison Degand EShop, including all product pictures and photos of the products as well as product descriptions, remains the exclusive intellectual property of the Seller or its licensors. It is not allowed to reproduce, exploit, rebroadcast, or use for any purpose any content from the Maison Degand website or the Maison Degand EShop without the Seller’s prior written consent.
The fact that the Seller fails at any time to require strict compliance with these Terms of Sale shall not affect the Seller’s rights and shall in no event be construed as a waiver of these rights.
Applicable law and disputes
These Terms of Sale are governed by Belgian law.
In case of complaints, the Customer may contact the Seller to request an amicable resolution of the issue, at the contact details provided above, or may pursue an amicable resolution of the dispute through alternative dispute resolution, including (for consumers) the online platform Belmed (https://economie.fgov.be/en/themes/online/belmed-online-mediation/alternative-dispute-resolution/extrajudicial-alternative) or, alternatively, the Consumer Mediation Service (https://consumerombudsman.be/en).
Customers from other EU Member States may also contact the European Consumer Centre (https://www.eccbelgium.be/about-ecc) or use the European Commission online complaints register (http://ec.europa.eu/consumers/odr/).
If no amicable settlement can be reached between the parties, the French speaking Courts of Brussels shall have exclusive jurisdiction over any dispute arising between the parties (without prejudice to applicable mandatory law) in relation to any sale of any product by the Seller to the Customer or the interpretation or application of these Terms of Sale.