Terms of Use

Preamble

These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions”) are concluded between Yvan's SPRL (Galerie de la Reine 12-18, 1000 Bruxelles , TVA BE 0862.273.976 ) (hereinafter referred to as “the Seller” or “the Company”) and any non-trading natural person (hereinafter referred to as the “Consumer” or “the User”) wishing to make a purchase on the https://www.yvans.be/ website (hereinafter referred to as the “Website”).

The Seller and the Consumer are hereafter referred to together as the “Parties”.

The Parties agree that these General Terms and Conditions of Sale exclusively govern their relationship. The Seller reserves the right to modify the General Conditions from time to time. They shall be applicable as soon as they are published online.

Subject

The purpose of the General Conditions is to define the terms and conditions of sale between the Seller and the Consumer, from the placing of the order to after-sales services, including payment and delivery.

The General Conditions apply, without restriction or reservation, to all the products and/or services offered for sale on the Site.

The fact that the Consumer places an order on the Site implies full and complete acceptance of these General Terms and Conditions of Sale. They are accessible at any time on the Site and will prevail, if necessary, over any other version and over the Consumer’s own general conditions of purchase or others.

Products

The products governed by these General Conditions are those which appear on the Website and which are indicated as being sold and dispatched by the Seller (hereinafter referred to as the “Products”). They are offered within the limits of available stocks.

The Products are described and presented as accurately as possible. However, the Seller shall not be held liable for any errors or omissions in this presentation.

The photographs of the Products are not contractual.

Transfer of ownership

Notwithstanding Article 1583 of the Civil Code, the goods sold, delivered or installed remain the exclusive property of the Seller until full payment of the invoices. Notwithstanding this reservation of ownership, all risks of loss and damage relating to the goods concerned are transferred to the Consumer as soon as he takes possession.

Prices

The prices of the Products are indicated in Euros, including all taxes. They take into account VAT and any reductions applicable on the day of the order.

The prices displayed are subject to visible errors. In case of display of an erroneous price, obviously derisory, whatever the reason (computer bug, manual error, technical error), the order - even validated - will be cancelled, of which we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the corrected and exact price.

The prices of the Products are exclusive of delivery costs (postage, packaging and preparation of the parcel according to the amounts in force). The amount of the delivery costs will be specified on the order form before validation of the order.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products on the Website and on the various sales media.

However, a price cannot be modified once the Consumer’s order has been validated.

The order

Prior identification of the Consumer

To place an order, the Consumer must identify himself with his email address, telephone number and billing postal address.

It is not necessary for the Consumer to create an account to place an order on the Site.

Registration and validation of the order

Once the basket has been validated (via the order confirmation button marked “Confirm order and pay”), the Consumer must accept these General Terms and Conditions, choose the delivery address and method of delivery, and finally validate the method of payment, this last step formalising the sales contract between the Seller and the Consumer.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below (article 8).

The Seller will acknowledge receipt of the order as soon as it is validated by sending an e-mail.

In certain cases, notably non-payment, an erroneous address or other problem on the Consumer’s account, the Seller reserves the right to block the Consumer’s order until the problem is resolved.

If a Product ordered is not available, the Consumer will be informed by e-mail.

The cancellation of the order of this Product and its possible refund (only Products available at the time of the order can be subject to a deduction, as opposed to deferred products), will then be carried out, the remainder of the order remaining firm and definitive.

Payment methods

Payment can be made via Bancontact, credit or debit card and bank transfer.

The Seller uses the payment service provider Stripe for the collection and processing of payments. See Stripe’s terms of use.

The Consumer must pay in full when ordering.

The Consumer’s account will only be debited when the order is validated by Stripe.

In the event of Products being out of stock or unavailable, the account will only be debited for the amount of the Products actually sent.

Delivery

The Seller uses the service provider DHL, via the DHL PARCEL CONNECT service, to make home deliveries of orders. Go to DHL’s terms of use

The Seller makes deliveries in the European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden) only.

Orders placed outside the EU are automatically cancelled.

Service time is not guaranteed during certain busy periods (sales, annual holidays, etc.)

“Home delivery” in 48h to 96h, under the following conditions:

• Delivery to the Consumer’s home or to any other address indicated by the Consumer.
• The delivery time is taken into account from the moment the package containing the Products is handed over to the DHL service provider.
• In the case of a delivery to certain specific territories (islands, DOM-TOM), the additional shipping costs will be invoiced to the customer.
• “In-store delivery” within 48 to 96 hours under the following conditions:

The Consumer agrees to pick up the order at the address of Yvan's SPRL (Galerie de la Reine 12-18, 1000 Bruxelles . The Seller reserves the right to change the address for the collection of the order and will inform the Consumer if necessary. The Consumer and the Seller shall agree on a specific date and time for the appointment in order to deliver the order safely. The Seller reserves the right to cancel, without refund, if the Consumer fails to attend the agreed delivery appointment. The date, place and time of the delivery appointment will be agreed after discussion between the Seller and the Consumer. In certain exceptional situations, the Seller reserves the right to cancel the delivery under certain exceptional circumstances. The Consumer will then be refunded.

Right of withdrawal and returns

RIGHT OF WITHDRAWAL (ONLY FOR DELIVERIES IN EUROPE)

This provision only applies to distance selling to consumers. This provision does not apply to any natural person in the course of his commercial, industrial, craft or professional activity, nor to legal persons.

All Products delivered in Europe are eligible for a refund except those excluded by law and marked as such, for example Products that have been personalised at the request of the Consumer.

The Products must be intact, complete and packaged in their original packaging.

The Consumer has a right of withdrawal of fifteen (15) calendar days from the date of receipt or collection of the Products.

The Consumer may return the Product to the Seller by post. The cost of returning the Product by post is borne by the Consumer (except in the case of a defective Product on receipt, or an error in the dispatch of the Product; proof is the responsibility of the Consumer).

To exercise his right of withdrawal, the Consumer is invited to contact the Seller by telephone on , by e-mail mentioning his order number and billing address.

The Seller will reimburse the Consumer for the returned Products within 14 days of receipt of the parcel or receipt of the proof of return of the parcel, subject to compliance with the above-mentioned conditions, as well as the basic “outward” delivery costs of the latter if the Consumer returns the whole of his/her order (deliveries with supplements are reimbursed within the limit of the basic delivery costs).

The Consumer must return the product within 14 days.

If the Consumer does not return the entire order and retains one or more of the Products ordered, the amount of the “outward” delivery costs will be retained by the Seller.

The refund will be made via the payment method of the returned order.

The Seller reserves the right to defer the refund until the goods have been recovered, or until the consumer has provided proof of shipment of the product.

Return and refund

The Consumer also has fifteen (15) days to request a refund.

The Consumer must return the Product to the Seller via the DHL PARCEL CONNECT service with which the package was sent.

The return costs are borne by the Seller, with the exception of any customs fees and other exceptional shipping costs.

No exchange is possible given the nature of the products (unique pieces) offered for sale by the Seller.

Signature and proof

In all cases, the online provision of the credit card number and the final validation of the order shall constitute proof of the completeness of the said order in accordance with the provisions of the law of 13 March 2000 and shall constitute payment of the sums involved by the seizure of the Products appearing on the order form.

This validation is equivalent to a signature and express acceptance of all operations carried out on the Website.

However, in the event of fraudulent use of his/her bank card, the Consumer is invited, as soon as he/she notices such use, to contact Customer Services by telephone on or by e-mail .

The computerised registers, kept in the computer systems of the Seller and its partners under reasonable security conditions, shall be considered as proof of the communications, orders and payments made between the Parties.

The archiving of order forms and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.

Responsibilities

The Seller undertakes to describe the products sold on the Website as accurately as possible. However, the Seller shall not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by Belgian case law.

Similarly, the Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.

The risk of loss or damage to goods delivered as a result of an online purchase is only transferred to the Consumer when the Consumer (or a third party designated by the Consumer) takes physical possession of the goods.

Intellectual Property

All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos, drawings and models appearing on the Website are the exclusive property of the Company. Their disclosure shall in no way be interpreted as granting a licence or a right of use of the said trademarks and distinctive elements protected by copyright. They may not therefore be used under penalty of infringement.

Thus, none of the documents from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.

However, a copy of the materials may be downloaded onto a computer for the Consumer’s personal, non-commercial use only, provided that the Consumer does not modify the information contained therein and that the Consumer keeps intact all copyright and other proprietary notices. Modification of these materials or their use for any other purpose constitutes an infringement of the Company’s intellectual property rights.

The Consumer who has a personal website and who wishes to place, for personal use, a simple link on his site referring directly to the home page of the Website, must request authorisation from the Company. This will not constitute an implicit agreement of affiliation under any circumstances.

On the other hand, any hypertext link to the Website using the framing or in-line linking technique is strictly prohibited. In any case, any link must be removed on request by the Company.

Protection of personal data

The Website collects personal data relating to its Users, particularly in the cases described below. The data collected are those provided by the User himself when he uses these services, except for the IP address which is recorded:

contact: these data are stored in a database and inserted in an email, automatically sent to the Seller. By ticking the box provided for this purpose, the User accepts that the Company collects and processes his/her data.

creation of an order: these data are kept in a database. It is only used for the direct sending of transactional emails. If the contact leads to a relationship with the Company, this data is kept for customer management purposes. By ticking the box provided for this purpose when ordering, the User agrees to receive advertising;

Newsletter subscription form: This data is kept in a database at Mailchimp and SendInBlue for 10 years. The User is invited to consult the conditions of use of Mailchimp and SendInBlue. By ticking the box provided for this purpose and thus expressly giving his/her consent to this end, the User agrees that the Company may send him/her newsletters (commercial offers). This data is kept until the User unsubscribes from the newsletter. To do so, the User can follow the link provided for this purpose at the bottom of each newsletter;

payment data: sensitive payment data (card number, bank account) are stored exclusively by the payment service provider Stripe. In no case shall the Seller be held responsible for the loss or theft of this data as the Seller does not hold it at any time during the ordering process.

cookies: this is a file saved on the hard disk of the User’s computer when he/she consults the Site. They are used to improve the User’s browsing experience and the efficiency of the Site. The User may at any time refuse their use by configuring their internet browser. The User is invited to consult the “Confidentiality” tab of the Site to obtain all information relating to this point. The data collected are: surname, first name, gender, language, delivery postal address, billing address, additional postal address, delivery telephone number, billing telephone number, email address and IP address.

In accordance with Belgian legislation and from 25 May 2018, the European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the User, whose data is collected, has the right to consult his data, to request their modification and possibly their total or partial deletion. He has the right to data portability. The User may object to his data being processed. To do so, they can send a written request by post to the address: Galerie de la Reine 12-18, 1000 Bruxelles , , by e-mail .

Complaints about non-compliance with the Regulation may be addressed to the Belgian Privacy Commission (which will become the Data Protection Authority as of 25 May 2018), at the email address commission@privacycommission.be.

Applicable law and jurisdiction

These Terms and Conditions are governed by Belgian law. The competent courts in the event of a dispute shall be the Belgian courts.

The Website complies with Belgian law, and under no circumstances does the Seller give any guarantee of compliance with local legislation that may be applicable to the Consumer, when the latter accesses the Website from countries other than Belgium.

Legal warranty

A legal guarantee of the products for a period of 2 years if it is a question of a manufacturing problem and not of misuse.

The present General Terms and Conditions of Sale are applicable from 26.02.2020