Terms of Sales
1. Application of the General Conditions of Sale (hereinafter the General Conditions)
The general conditions of sale described below govern the contractual relations between any private user of the site www.gilbertine.com (referred to as the Customer) and the merchant gilbertine.com belonging to the company BE-CLEAR SRL, having its headquarters at Rue Guimard 15 , box 2, B- 1040 Brussels, n°BCE 0885.250.110, hereinafter 'GILBERTINE Brussels', which designed and operates it.
These General Conditions are the only ones applicable and replace all other conditions, unless prior, express and written exemption. GILBERTINE Brussels reserves the right to adapt these General Conditions if circumstances justify it. It is therefore recommended to reread them before making any purchase through the site. The modifications are enforceable from their date of posting online and cannot apply to contracts concluded before this date.
GILBERTINE Brussels considers that any confirmation of order or purchase of a product from the online store of the site www.gilbertine.com by the Customer implies prior and unreserved acceptance, after having read them, of the online General Conditions at the time of ordering. Therefore, the Customer acknowledges being aware of the fact that the content of these General Conditions does not require his handwritten signature, as long as he wishes to order the products presented on the website online.
2. Country of Delivery - Shipping costs for individual customers
Currently, GILBERTINE Brussels delivers to Belgium, Luxembourg and France.
All orders from €49 are shipped free of charge to a relay point in Belgium and Luxembourg. For orders below €49 and other destinations (France), delivery costs are indicated at the end of the order process and are invoiced in addition to the prices of the selected items.
The packages are sent by the company Mondial Relay. The Customer is required to verify the accuracy of the information he provides on the site www.gilbertine.com. GILBERTINE Brussels disclaims all liability relating to possible entry errors and the consequences thereof. Any additional costs in processing the order resulting from these errors will be entirely the responsibility of the Customer.
In the event of a proven defect by the carrier (significant and unreasonable delay), we suggest that the Customer contact us and, if necessary, report this defect by email to hello@gilbertine.com.
GILBERTINE Brussels cannot be held responsible for delivery delays due to errors or disruptions attributable to carriers (for example total or partial strike of mail services and means of transport and/or communications, overload period linked to holidays, …).
If the carrier recognizes the loss of the package, GILBERTINE Brussels will offer the Customer to send a replacement product for the same amount. If the product(s) ordered were no longer available at that time, GILBERTINE Brussels undertakes to reimburse the Customer for the amount of the products concerned by the carrier's loss.
As an indication, items in stock after receipt of payment for an order are shipped within 2 to 7 working days. For custom orders, it takes approximately 2-4 weeks depending on the time of year. GILBERTINE Brussels will not be held responsible for a delay in relation to these indicative deadlines.
3. Price
The prices displayed are indicated in euros, all taxes included, excluding shipping costs. Delivery costs are indicated at the end of the order process and are invoiced in addition to the prices of the selected items. Prices take into account the VAT applicable on the day of the order. GILBERTINE Brussels reserves the right to modify the price of products without notice. The products are invoiced on the basis of the prices in effect at the time the order is placed. These conditions also apply to promotions and discounts.
4. Product information and availability
The texts, illustrations and photos presenting the products are provided for informational and illustrative purposes only and do not in any way constitute contractual documents. GILBERTINE Brussels cannot be held responsible if information, texts and illustrations present errors or omissions. GILBERTINE Brussels informs the Customer that, depending on the tool used to view the photos or illustrations, the colors of the products seen on the site may vary from reality and this without the responsibility of GILBERTINE Brussels being, one way or another, engaged.
GILBERTINE Brussels disclaims any responsibility for the use or content of products ordered that are not suitable or recommended.
GILBERTINE Brussels cannot be held responsible for non-performance of the contract concluded in the event of:
- out of stock or unavailability of the product,
- force majeure, and in particular, in the event of a total or partial strike, flood, fire, etc.
- delay due to delivery by the carrier or theft from the customer's mailbox
If it turns out that an order cannot be executed due to unavailability following a stock counting error, GILBERTINE Brussels will inform the Customer as soon as possible. He will have the possibility to partially or completely cancel his order. The Customer can then choose between:
5. Right of withdrawal - Returns
The customer has the legal right of withdrawal within 14 calendar days to return a product that is not satisfactory. Return costs are the responsibility of the customer. This period begins to run from the day after the day of delivery of the Customer's order. Within this period, the Customer must notify GILBERTINE Brussels by email (email address: hello@gilbertine.com) of their decision to return the product(s). The Customer then has a maximum of 14 days to send the items to GILBERTINE Brussels following the conditions set out here. This right of withdrawal can only be accepted for items received by GILBERTINE Brussels in a condition identical to the original condition and in their initial packaging. Items returned incomplete, damaged, damaged or soiled will not be taken back. In the event of improper returns, GILBERTINE Brussels reserves the right to refuse subsequent orders.
GILBERTINE Brussels recommends that the Customer return their products using a trusted carrier with a tracking code. GILBERTINE BRUSSELS disclaims all responsibility for the risks associated with the carrier responsible for returning the product(s). The value of the returned items will be refunded according to the payment method agreed with the Customer. GILBERTINE Brussels will aim to reimburse any compliant withdrawal within 30 days. Withdrawal for personalized or tailor-made orders is not permitted.
6. Intellectual Property
The customer acknowledges that all of the content of the site www.gilbertine.com (models, brands, logos, slogans, illustrations, photos, texts, wordings, images, videos, etc.) is the property of GILBERTINE Brussels, its co-contractors or partners. All models, logos, slogans, illustrations, texts, wordings, brands, images, videos, etc., produced on gilbertine.com are protected under intellectual property law. Any partial or total reproduction of the content by any process whatsoever and on any medium is subject to prior and express authorization from GILBERTINE Brussels.
7. Liability
GILBERTINE Brussels only enters into obligations of means, for all stages of access to the site, from ordering to delivery, or subsequent services. GILBERTINE Brussels cannot be held responsible for any inconvenience or damage inherent in the use of the internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact that could be qualified as force majeure. .
In any event, the liability of GILBERTINE Brussels under the terms of these General Conditions may not exceed a sum equal to the sums paid or payable during the transaction giving rise to said liability, whatever the cause or form of the action. concerned.
8. Payment methods
Various payment methods are offered on the gilbertine.com website. They are listed on the site.
GILBERTINE Brussels assumes in good faith that the Client has the necessary authorizations to make a payment via the secure system offered by the gilbertine.com site. GILBERTINE Brussels may automatically suspend the management of any order and any delivery in the event of a payment problem confirmed by financial organizations or in the event of non-payment. GILBERTINE Brussels in particular reserves the right to refuse an order from a Customer with whom a dispute is currently being processed, whether through legal proceedings or not.
GILBERTINE Brussels disclaims any liability linked to malicious or fraudulent use of one of the payment methods offered on the gilbertine.com site.
Full ownership of the products sold is retained by GILBERTINE Brussels until full payment, fees and taxes included.
9. Disputes – Applicable law and competent courts
These General Conditions are governed by Belgian law.
In the event of a dispute or complaint, the Customer will contact GILBERTINE Brussels as a priority to obtain an amicable solution.
If the Company and the Client are unable to reach an amicable arrangement, the Client may contact the Consumer Mediation Service at any time, using the following contact details:
The Customer can also access an online form at the following address: http://www.mediationconsommateur.be/fr/formulaire-de-plainte
The Customer may contact the European online dispute resolution platform, accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR .
Where applicable, the Courts of Brussels (Belgium) have exclusive jurisdiction in the event of a dispute and legal procedure.