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General terms and conditions
Welcome to our website www.cararosa.com. This website is managed by CARA ROSA BVBA, with offices at Frans Ackermanstraat 24, box 1.02, 9000 Ghent, Belgium, with business registration number RPR Gent 0701.749.468 and VAT number BE 0701.749.468. Throughout the entire site the terms 'we', 'us' and 'our' refer to CARA ROSA. The user and/or consumer is hereafter referred to as 'the Customer'. If the Customer makes use of CARA ROSA's website and associated services, or visits/attends one of our events, or places an order, this means that the Customer automatically agrees to all the provisions, policies, conditions and notifications (collectively known as the 'general conditions and conditions of sale') issued by CARA ROSA, as further detailed below. Any supplementary conditions originating from and imposed by the Customer will be null and void, except when these conditions are explicitly agreed in advance and in writing by CARA ROSA.
2. APPLICABLE LEGISLATION
All conditions will be governed and interpreted in accordance with Belgian law and will be subject to the exclusive jurisdiction of the Belgian courts, in respect of which the courts in Ghent (Belgium) will be the only competent courts.
In addition, the European Commission offers the possibility to settle disputes online through one of their online platforms, which can be consulted via the following external link: http://ec.europa.eu/odr/.
3. INTELLECTUAL PROPERTY RIGHTS
The contents of this website, including but not limited to informative content, graphic elements and images, data, product or company names, and so forth, are protected by copyright and are therefore the exclusive property of CARA ROSA BVBA or any entitled third parties. These contents may not be reproduced in any way, shape or form without the express written permission of CARA ROSA.
General conditions of sale
4. LEGAL COMPETENCE TO MAKE A PURCHASE
The Customer declares that, at the moment of making a purchase on this website, he has attained the age of majority in his country or province or that, if he is still a dependent minor, he has obtained the permission of a responsible adult to place an order on this website.
When someone places an order on this website, he enters into a binding agreement between the Customer as the consumer and CARA ROSA as the seller. The Customer thereby expressly agrees to be bound by these present conditions, including all relevant declarations and notifications, such as the privacy declaration and the returns policy. The order will be regarded as having been irrevocably placed from the moment when the Customer has completed the final step in the ordering process. Regrettably, it is not possible to make further changes to the order once it has been place. In this eventuality, the Customer will be obliged to have recourse to our returns policy and will be bound by the terms of that policy.
CARA ROSA reserves the right to cancel or amend any order that the Customer places if the prices or discounts are not correctly entered on the website or in the final settlement. In addition, CARA ROSA has the right, as and when we see fit, to limit the number of products sold per order and also to each person or household. Such orders may also be cancelled at our discretion. The aforementioned limitations can apply to orders placed by or on behalf of the same customer account, or using the same credit card, or included on the same invoice, or using the same delivery address. CARA ROSA is entitled to refuse an order in the event of a serious shortcoming on the part of the Customer in respect of any order(s) with which he is involved. We also reserve the right to limit or refuse orders if, in our opinion, they have been placed by dealers, retailers or distributors.
When the customer has specific questions about, for example, sizes, colours, availability, delivery time or delivery method, we request that the Customer makes prior contact with us via [email protected] before placing the order.
The product offer is valid as long as stocks last and can be changed or revoked at any time by CARA ROSA. We cannot be held responsible if a product is unavailable at the moment of its ordering.
If the Customer orders a product that is no longer in stock, this will be notified to him immediately and we will suggest an appropriate alternative solution free of charge (for example, dispatch at a later date, an alternative product, or repayment).
The published price refers exclusively to the written description of the products. The accompanying photographs serve only a decorative purpose and may contain elements that are not included in the price.
All products are subject to Belgian VAT at 21%. This VAT is included in the prices shown on the website. All prices are therefore total prices, except in cases of material error. If material errors occur, CARA ROSA is not obliged to provide the product at the incorrect price.
If delivery, reservation or administrative costs are charged by CARA ROSA, these will be itemized separately for separate payment. For deliveries to all countries outside the EU customs charges may be imposed, which again will be separately charged to the Customer, if the said charges are notified directly to CARA ROSA. The Customer is liable for the payment of all import duties, customs fees and other local sales taxes applicable in the country to which he wishes the order to be sent.
8. PRODUCT INFORMATION
For each product there is a product description (colour, size, material, etc.) and one or more digital photographs. Because of differences in the image and colour quality of different computer screens, it is possible that the Customer's interpretation of the nature of a product may differ from the reality of the actual product. All product descriptions and/or prices can be amended at all times without the need for prior notification. These amended descriptions and/or prices will be valid for all subsequent orders. It may occur that the information on our website is incomplete or not fully up to date, or else contains material or typographic errors, which could have an effect on product descriptions, prices, promotions, special offers, transport costs, transit times and availability. We reserve the right to correct any eventual errors, inaccuracies or omissions, or to change or amend any of the information given, or, if appropriate, to cancel any orders affected by these matters that the customer may have already placed.
After placing an order, the Customer will be automatically transferred to a secure payment page on our website with a request to immediately make payment for the order. Once payment has been completed, the customer will receive an order confirmation both on his screen and by e-mail.
We accept iDeal, Mastercard, SOFORT banking, Visa, Visa Electron, American Express, Giropay, EPS, Cartes bancaires, Bancontact, Maestro, Belfius, KBC and ING Home Pay.
By making payment for an order, the Customer automatically gives permission to MOLLIE (Keizersgracht 313, Amsterdam; Chamber of Commerce number: 302.04.462; VAT number: NL81.58.39.091.B01) to act as data processor for the safe processing of his financial details and for the implementation of the agreement. In the event that any repayment is necessary, the appropriate credit will be made to the credit card or bank account used to make the purchase. CARA ROSA cannot be held liable for any fluctuations in currency rates of exchange between the original payment and the repayment.
Our shop is hosted on Lightspeed. They provide an online e-commerce platform on which we can sell our products and services to the Customer.
Customer details are stored in the Lightspeed data storage system, related databases and the general Lightspeed application.
CARA ROSA makes use of a secure and SSL coded internet connection to protect the payments of the Customer, when the Customer orders online. This connection encodes and safeguards the details that the Customer entrusts to us via the internet. The Customer will see a lock icon at the top of his browser screen when this connection is active. The Customer can click on this icon to obtain information about the registration of the digital certificate. The Customer will also see that the URL at the top of the browser begins with 'https' instead of 'http'. This means that the secure mode is in operation.
All information is managed through secure payment solutions.
11. GIFT VOUCHERS
The following conditions are applicable to gift vouchers:
- Gift vouchers have no expiry date and can be used both in our webshop www.cararosa.com and in our physical shops.
- Gift vouchers can be exchanged for articles on www.cararosa.com.
- Gift vouchers are not transferable and cannot be redeemed or exchanged for cash.
- If the amount due for an order is more than the value of the gift voucher, the Customer must select the method of payment he wishes to use to pay the outstanding difference.
- If the value of the gift voucher is greater than the amount due for an order, the Customer can use the same code again for a following purchase. The balance due to the Customer will remain available until it is fully used or until the validity of the gift voucher expires.
- If goods that are purchased with a gift voucher are returned, a new gift voucher for the amount of the returned goods will be issued.
- Gift vouchers are sent to the recipient by e-mail as soon as the order has been processed and the payment made. Upon request, a copy can be sent to the buyer as confirmation.
- CARA ROSA cannot be held liable for sending a gift voucher to an incorrect or non-existent e-mail address. The responsibility for any such errors rests with the buyer.
- CARA ROSA cannot be held liable if a gift voucher is lost, stolen, destroyed or used without the holder's permission.
- CARA ROSA retains the right to cancel a gift voucher if it deems such action to be necessary.
- Delivery costs and VAT are payable on products and services purchased with a gift voucher.
- Promotion voucher codes and gift vouchers cannot be used for the purchase of new gift vouchers.
- Gift vouchers cannot be used in conjunction with other voucher codes or special offers and must be exchanged by the notified date, if one is foreseen.
- DELIVERY AND IMPLEMENTATION OF THE AGREEMENT
Articles ordered through this webshop can be delivered worldwide.
Unless otherwise agreed or explicitly stated elsewhere, articles will be delivered to the home address of the Customer within 10 working days (unless notified to the contrary) of the order being placed. The method of delivery will normally be by post. The cost of delivery must be met by the Customer, unless explicitly agreed otherwise. If the Customer does not receive the ordered goods within the specified period of 10 working days , he is obliged to inform CARA ROSA via [email protected]
Delivery will only take place when CARA ROSA has received full payment from the Customer for the order in question.
All visible damage and/or every qualitative shortcoming of an article or any other shortcoming related to the delivery must be notified within 48 hours of the delivery's receipt to CARA ROSA via e-mail, the customer account, or by letter.
The risk in respect of loss or damage is transferred to the Customer from the moment when he (or a third party nominated by him, who is not the delivery agent) has the goods in his physical possession. However, this risk will be transferred to the Customer from the moment when the product is delivered to the delivery agent, if this delivery agent has been commissioned directly by the Customer to make the delivery and if the said delivery agent was not among the delivery options approved by CARA ROSA.
13. RIGHT OF WITHDRAWAL
The customer has the right to withdraw from the agreement without giving a reason during a period of 14 days. The withdrawal period will expire 14 calendar days after the day on which the Customer or a third party appointed by him, who is not the delivery agent, takes actual physical possession of the ordered article(s).
In order to make use of this right of withdrawal, the Customer must inform CARA ROSA of his decision to withdraw from the agreement in a clear and unambiguous declaration (in writing by post or e-mail, or via his customer account). If he so wishes, the Customer can make use of the standard withdrawal form attached in annex or can apply to make use of his right of withdrawal via his customer account on our website. More information about this procedure can be found on the page dealing with 'delivery and returns'. If the customer opts to make use of this right, we will immediately send the customer an acknowledgement of receipt by e-mail.
In order to comply with the right of withdrawal period, the customer must send notification of his intention to use this right before the expiry of the stipulated 14 calendar days following receipt of the article(s).
Once having taken his decision to withdraw from the agreement, the customer must immediately - and in no case later than 14 days after the date on which he notified CARA ROSA of the aforementioned decision - return or hand over the article(s) in question to CARA ROSA (Frans Ackermanstraat 24, box 1.02, 9000 Ghent or Korte Steenstraat 13, 8500 Kortrijk). The Customer will fulfil his obligation in time if he sends back the article(s) before the stipulated period of 14 calendar days has expired. The direct costs for the return of the article(s) must be met by the Customer.
The Customer is requested to return the articles in their original state and packaging, complete with all accessories and user's instructions. Please carefully read the relevant conditions as set out on the 'delivery and returns' page. If the returned articles are found to be diminished in value in any way, CARA ROSA reserves the right to hold the Customer liable and to claim compensation for any such loss of value that is a result of use by the Customer that is clearly more than was necessary to establish the nature, characteristics and operation of the articles.
All returned articles will be carefully examined for possible value loss. The basic principle adopted by CARA ROSA is that the Customer is only entitled to inspect the article(s) in the same way that would be possible in a shop. Articles can be tried on before being returned, but not used. If an article suffers loss of value as result of use by the Customer, this will be chargeable against the said Customer.
If the Customer withdraws from the agreement, CARA ROSA will refund to the Customer all payments received from the Customer up to that point, including the standard delivery costs, and this within a maximum period of 14 calendar days from the date when CARA ROSA was informed of the Customer's withdrawal decision. For sales agreements CARA ROSA is entitled to delay repayment until all the articles have been returned or until the Customer can show that he has dispatched the articles, whichever of these eventualities happens first.
Any extra costs resulting from the Customer's choice for an alternative method of delivery other than the cheapest standard delivery option offered by CARA ROSA will not be refunded.
CARA ROSA will refund any sums due to the Customer by the same method that the Customer used to make the original payment for the articles, unless the Customer has explicitly agreed otherwise. In no case will the Customer be charged costs for the payment of refunds.
The Customer cannot make use of the right of withdrawal for:
- service agreements, following the complete execution of the service;
- the delivery of articles made specially to specifications provided by the customer or for a specific person.
Because CARA ROSA has the best interests of the environment at heart, all invoicing will take place electronically by e-mail. Our confirmatory e-mails also serve as proof of purchase for the articles bought by the Customer. If the Customer still wishes to have a paper invoice, this can be requested by sending an e-mail to [email protected]
15. RETENTION OF OWNERSHIP
The delivered articles remain the exclusive property of CARA ROSA until the moment when payment in full has been received by CARA ROSA from the Customer.
Where necessary, the Customer undertakes to make clear to relevant third parties that ownership rights for the articles still rests with CARA ROSA; for example, in the event of the sequestration of the Customer's property for whatever reason and by whatever person, legal or otherwise.