Art. 1 APPLICATION These General Terms and Conditions of Sale apply to any contract concluded between Giacomo Moda & C. sprl, Chaussée de Ninove 642, 1070 Anderlecht B.C.E : 0473.984.956 ("Giacomo Moda & C. sprl") and the professional (b2b) "Buyer", together "the Parties", by means of the sales platform of Giacomo Moda & C. sprl www.amelieamelie.be.

The rights and obligations of the Parties are governed exclusively by these General Terms and Conditions of Sale. Any differing commitments must be established in writing between the Parties. The Buyer's general terms and conditions of purchase are expressly rejected. By placing an order (using the written order form) the Buyer unconditionally accepts these General Terms and Conditions of Sale.

Art. 2 ORDERS All our offers are non-binding. Orders are only accepted after written confirmation from us by e-mail. Acceptance of part of an order does not imply acceptance of the remaining part of the order. Force majeure gives us the right not to execute an order that has been accepted in full or in part, without any right to compensation on the part of the Buyer.

Cancellation of the order by the Buyer is not possible without the prior authorisation of Giacomo Moda & C. sprl and will in any case give rise to the payment of an indemnity of 30% of the purchase price.

If the confidence of Giacomo Moda & C. sprl in the solvency of the Buyer is shaken, for example, but not limited to, by acts of judicial execution or seizure against the Buyer and/or other identifiable events, Giacomo Moda & C. sprl reserves the right to (partially) cancel or suspend orders and/or demand additional guarantees.

Art. 3 DELIVERY Delivery is EXW (Incoterms 2010) Trade Mart Atomiumsquare BP56 AIX 456 1020 Brussels.

Deliveries are made by Giacomo Moda & C. sprl solely in the name and on behalf of the Buyer. Delivery times, including those mentioned on the website, are not binding and are given for information purposes only. Failure to comply with the stated delivery time may under no circumstances result in cancellation of the order, rejection of the goods and/or non-payment of invoices, or even a claim for compensation. Delivery is made at the Buyer's risk to the address indicated in the order. Giacomo Moda & C. sprl only delivers in Belgium.

 

Delivery costs are mentioned separately during the ordering process and must be paid when the order is placed. The total amount shown on the order confirmation is the final price, including VAT and charges. Delivery charges depend on the destination, weight and size of the parcel. The rates include compensation for the preparation of the parcel and the transport costs themselves.

Delivery outside Belgium is also EXW (inco terms 2010) Trade Mart Atomiumsquare BP56 AIX 456 1020 Brussels and transport must be organised by the Buyer at his/her own expense.

Customs duties: any order placed on the www.amelieamelie.be website and delivered outside Belgium may be subject to taxes and customs duties when the parcel arrives at its destination. Any customs duties and taxes relating to the delivery of a product are the sole responsibility of the Buyer. Giacomo Moda & C. sprl is not obliged to check the customs duties and taxes which are applicable and to inform the Buyer thereof. In order to know which customs duties and taxes are applicable, Giacomo Moda & C. sprl advises the Buyer to obtain information from the competent authorities of his country.

Order processing :

Orders are processed from Monday to Friday, excluding public holidays. Packages are dispatched from Belgium within 1 to 15 working days after payment of the order, except in cases of force majeure. Giacomo Moda & C. sprl is not responsible for circumstances beyond its reasonable control, including, but not limited to, natural disasters, explosions, floods, war and civil unrest, inability to receive deliveries, strikes, industrial action or suspension of work, or any other form of force majeure.

The delivery period mentioned is indicative only. Once the delivery period has expired, the Buyer is not entitled to any form of compensation or interest. Nor may the Buyer cancel the order.

Products purchased on the www.amelieamelie.be website are delivered to the delivery address given by the Purchaser. Giacomo Moda & C. sprl is not responsible for the consequences resulting from errors made by the Buyer when ordering (cf. article 2).

Art. 4 PRICES The prices are those shown on the order confirmation. In the event of a price change in the period between the order and the order confirmation, the Buyer has the right to cancel the sale. Prices are exclusive of VAT. The advertised prices do not constitute an offer but only an invitation to make an offer to purchase. Any risk associated with the exchange transaction shall be borne by the Buyer. The issue of any commercial invoices or the granting of a payment period or deferment of payment shall not entail any novation. Any costs associated with the payment or the exchange are to be borne by the Buyer.

Art. 5 PAYMENT and RESERVATION OF TITLE Payment is made online using the following payment methods: BANCONTACT, MASTERCARD, VISA... Once payment for an accepted order has been approved, the Buyer will receive confirmation of receipt by e-mail to the address given during the ordering procedure. Exceptionally, payment by bank transfer may be made with the prior agreement of Giacomo Moda & C. sprl. In this case, the order is only definitive once payment has been received and delivery will only be prepared at that time. With the explicit prior written agreement of Giacomo Moda & C. sprl, payment can be made after delivery by bank transfer for loyal customers. Giacomo Moda & C. sprl reserves the right to suspend any order when the competent control authority refuses the payment by credit card or when the order is not paid. In this case, Giacomo Moda & C. sprl can cancel the sale because of non-payment.

If the Buyer fails to fulfil its obligations or if the transaction is cancelled or resolved as described above, Giacomo Moda & C. sprl reserves the right to suspend or cancel the execution of other orders or obligations in progress towards the Buyer or its affiliated companies within the meaning of article 11-12 of the Companies Code, without prior judicial intervention and without prejudice to the right of Giacomo Moda & C. sprl to compensation for the loss suffered. The non-payment of an invoice or a partial payment renders all other debts, even if not yet due, of the Buyer or its affiliated companies within the meaning of article 11-12 of the Companies Code, immediately payable.

 

Art. 6 RESERVATION OF TITLE All products remain the property of Giacomo Moda & C. sprl until full payment of the purchase price has been received. Until full payment of the purchase price, Giacomo Moda & C. sprl may recover the goods from the Buyer and the Buyer must allow Giacomo Moda & C. sprl access to its shop or warehouse, where the goods must be kept separately. The retention of title applies notwithstanding any payment terms granted or deferrals. All proceeds from the sale of goods subject to retention of title must be transferred to Giacomo Moda & C. sprl. The purchaser hereby pledges all claims arising from such resale. Advances paid by the purchaser to Giacomo Moda & C. sprl are acquired by Giacomo Moda & C. sprl in case of recovery of the goods in execution of the right of retention of title, in order to compensate damages (for example, but not limited to, possible losses on these recovered goods).  The risk associated with the goods is transferred at the time of delivery.

Art. 7 PRODUCT CONFORMITY and RETURN Any product delivered with a visible defect (manufacturing defect) which is not reported within 24 hours of delivery will be deemed to have been accepted. Any invisible defect (manufacturing fault) must be reported to Giacomo Moda & C. sprl immediately (within 24 hours) after its discovery, but in any case within 7 days of delivery.

The return of defective products is only possible with the prior agreement of Giacomo Moda & C. sprl and at the expense of the Purchaser. Defective products that are correctly returned will be replaced or reimbursed free of charge, at the discretion of Giacomo Moda & C. sprl. Before the return can be accepted, the Buyer must send an e-mail to the head office for approval at rma@amelieamelie.be with the mention of : 

- the article reference

- the purchase order number

- the reason for the return

If the return is accepted, the Buyer will receive an RMA (Return Merchandise Authorization) number by return e-mail.

The Buyer shall return the product concerned with the RMA number at his own expense.

Art. 8 INVALIDITY The invalidity of any provision of these terms and conditions of sale shall not automatically render the other provisions and the contract null and void. Common law shall apply to matters not governed by these general terms and conditions of sale.  

Art. 9 LIABILITY Except in the case of wilful misconduct or fraud, Giacomo Moda & C. sprl is not liable for damages caused by the delivery or non-delivery of the goods. Any liability of Giacomo Moda & C. sprl is in any case limited to the value of the Product(s) concerned. Giacomo Moda & C. sprl is not responsible when the website www.amelieamelie.be is no longer accessible or when access to the site is denied, nor for malfunctions caused by the computer system or viruses, nor for other problems resulting from the use of the website www.amelieamelie.be. Giacomo Moda & C. sprl cannot be held responsible for any failure to meet deadlines, regardless of their nature, since all deadlines are indicative and do not constitute a binding obligation on the part of Giacomo Moda & C. sprl.

Art. 10 ASSIGNMENT OF INVOICES Giacomo Moda & C. sprl reserves the right to assign invoices to a factoring company. By his order, the Buyer accepts that Giacomo Moda & C. sprl is exempted from fulfilling the formality provided for in article 1690 of the Civil Code or in article 16 of the law of 19 October 1919. A simple mention of the transfer on the invoice or another written communication concerning the transfer is sufficient.

Art. 11 PROTECTION OF PERSONAL DATA 11.1 Giacomo Moda & C. sprl respects your privacy and is committed to protecting your personal data as defined by European Regulation (EU) 2016/679 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 (AVG) and by the Belgian Act of 30 July 2018 on the protection of individuals with regard to the processing of personal data.

 

You provide the following data:

Without registering or ordering on the Website: your IP address and cookies using Google Analytics ;

When ordering or via the contact form: Your gender, surname, first name, e-mail address, telephone number, delivery address, company and VAT number (if applicable) when you place an order via the Website.

In addition, Giacomo Moda & C. sprl may collect other data i). through the use of cookies (see below); ii) when you provide personal data in order to use the Website; iii) when you provide personal data necessary for the execution of an order for a third party or at its request.

11.2 Giacomo Moda & C. sprl undertakes under no circumstances to pass on to third parties the personal data provided by the Purchaser.

The information provided is used for internal management purposes only:

• Order management ;

• Invoicing ;

• Customer service ;

• Solvency; 

• Marketing or personalised advertising for similar products from Giacomo Moda & C. sprl.

• Statistical data and market research

The above-mentioned information may be passed on anonymously to organisations contractually linked to Giacomo Moda & C. sprl for market research purposes. The aforementioned data may be passed on to partners who, on behalf of Giacomo Moda & C. sprl, carry out marketing or personalised campaigns for Giacomo Moda & C. sprl products.

The above data may be passed on to the financial institutions responsible for the payment method chosen.

Giacomo Moda & C. sprl is sometimes required to disclose personal data by virtue of a court order or in order to comply with other mandatory laws or regulations. Giacomo Moda & C. sprl will make reasonable efforts to inform you in advance, except in the case of legal restrictions.

Giacomo Moda & C. sprl will not keep the data longer than is necessary for the purposes for which they were collected and in no case for more than 7 years.

11.3. The Buyer who has placed an order on the website www.amelieamelie.be may at any time have his personal data recorded by Giacomo Moda & C. sprl consulted, modified or deleted. This can be done by sending an e-mail to info@amelieamelie.be or by sending a letter to Giacomo Moda & C. sprl at the address mentioned in article 1 of these General Conditions. The Buyer acknowledges that in case of refusal of notification or request for deletion of personal data, certain services may not be provided.

11.4 Finally, you have the right to lodge a complaint with the Belgian Data Protection Authority, established in 1000 Brussels, rue de la Presse 35, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, https://www.autoriteprotectiondonnees.be, which is competent in matters of privacy and data protection with regard to the processing of your personal data.

This does not affect the right to bring an action before a civil court.

Article 12 : Cookies

What is a cookie?

A cookie is a small file containing data that is placed on your computer or mobile device by a website when you visit that website. There are different types of cookies which perform different functions as described below.

Why does Giacomo Moda & C. sprl use cookies?

Web pages have no memory. If you navigate from page to page on the same website, you will not be recognised as a single person on these pages. Cookies enable the website to recognise your browser. They are therefore mainly used to save your choices and preferences in their memory or to recognise you when you visit the same site again.

Cookies do not record any personal information. They have a session number and capture other basic information about your visit.

What type of cookies does Giacomo Moda & C. sprl use on this site?

Cookies are distinguished by their role, their duration and the third parties who place them on the Internet. There are different types of cookies:

• Technical cookies or session cookies: these are used to display the website and keep it working properly. Cookies are also used to create your order and, if necessary, an account. These technical cookies are absolutely essential for our site to function properly. They are used for various purposes, such as calling up your language settings. Session cookies expire after the browser session and are not stored long-term. Session cookies are used for security reasons and to keep your specifications as you visit the website page by page. In this way, you do not have to reread your specifications each time you visit a new page.

• Functional or permanent cookies: Thanks to functional cookies, the site knows your preferences so that you can use the site more effectively. They know your language preference, your searches and the products you have consulted. These functional cookies are not necessary for the site to function properly, but they provide additional functions and make the site more user-friendly. Permanent cookies are saved between browsing sessions on the user's device to retain the user's preferences or searches on all our sites.

• Analytical cookies: These cookies provide an overview of how visitors use the website, to find out what works and what doesn't, to optimise and improve the website and to ensure that it remains interesting and relevant. The information collected includes: the web pages you visited, the web pages you sent to our site and the web pages from which you left our site, the type of platform you used, your date and time format, and details such as the number of clicks you make on a particular page, your mouse and scrolling movements and the text you type when using our site. The Seller also uses analytical cookies to monitor the behaviour of website visitors after they have seen online advertising, including advertising on third party websites. The data collected remains anonymous.

• Advertising cookies: (third party cookies) : Giacomo Moda & C. sprl sometimes uses third-party cookies to display advertisements from other websites or from the Seller on other websites. This is known as retargeting (or remarketing), based on reviews you have made on our site. Advertising cookies may also be used by third parties to offer products and services via their website.

How long are cookies valid for?

We use cookies with different validity periods. Some cookies are valid for 5 years from your last visit to our website. However, you can delete these cookies from your browser at any time. If you choose to reject certain cookies, some of the site's functionalities may not function optimally and/or access to the site may not be possible.  After deactivating and/or deleting cookies, you will continue to see advertisements, but these are not based on your previous use of the website.

You can also find more information on cookies at: http://www.allaboutcookies.org/

For more information on online behavioural advertising and the protection of online privacy, you can find it here: http://www.youronlinechoices.eu/