Terms of Sales

Definitions

Seller: Yumé Clothing SPRL

  • having its registered office at: Rue Victor Hugo, 47, 1030 Brussels, Belgium
  • registered in the “Banque-Carrefour des Entreprises” under number: 0453.940.150.
  • VAT number: BE453940150.
  • e-mail address: david@yume-clothing.com
  • phone number: +32 487 42 47 34
  • contact hours: Monday-Friday 09:00-18:30

Buyer: a natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom the Seller concludes an Agreement.

Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more products.

Product: a Yumé product that the Seller offers for sale on the Website.

Purchase price: the price indicated on the Website for a Product, including the VAT and the shipping costs.

Agreement: The Order, which the Seller has accepted as such.

Website: www.yume-clothing.com

Article 1: Applicability of the general terms and conditions

These General Terms and Conditions that have been made available online by the Seller on www.yume-clothing.com govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.

Article 2: Conclusion and content of the agreement

2.1.  The presentation and advertising of Products in our Website does not constitute a binding offer to conclude a purchase agreement.

2.2.  The Buyer may select Products from the Seller’s range of goods, particularly clothing, shoes and fashion items in the desired style, colour and size, and place these into a “shopping cart” by clicking on the “add to cart” button.

2.3.  As soon as the Buyer has finished selecting the contents for the shopping cart, they can continue by clicking on the button “View cart”.

  • They are firstly taken to an overview of the goods in the shopping cart with their properties and price.
  • After clicking on the button “Order”, the Buyer types in their invoice address, and if the delivery address differs from the invoice address, also gives the desired delivery address.
  • After entering your billing address and the desired delivery address if it is different from the billing address, the Buyer can continue the ordering process by clicking on the “Pay” button to proceed to secure payment.

2.4.  The Buyer can then choose between the following payment methods:

  • Credit Card: with this payment method the Buyer must enter the corresponding credit card information. By clicking on the “pay” button the Buyer then submits a legally binding order. This “pay” button will only work if the General Terms and Conditions of the Seller have previously been approved by checking the box next to the information concerning these General Terms and Conditions. Before clicking the “pay” button the Buyer can cancel the order at any time, change the contents of the order by removing existing goods from and/or adding new products to the shopping cart, and change the shipping address and payment method. We would point out that, with this payment method, the placing of the binding order and payment take place simultaneously.
  • PayPal: with this payment method the Buyer submits a legally binding order by clicking on the “pay” button. This “Buy now” button will only work if the General Terms and Conditions of the Seller have previously been approved by checking the box next to the information concerning these General Terms and Conditions. Before clicking the “pay” button the Buyer can cancel the order at any time, change the contents of the order by removing existing goods from and/or adding new products to the shopping cart, and change the shipping address and payment method. Once they have clicked on the “pay” button, the Buyer will be redirected to the PayPal website to make payment.

2.5.  An agreement only comes into existence once the Seller has accepted the order.

2.6.  The Seller reserves the right to refuse the Order placed by the Buyer, especially in the following cases:

  • if the information submitted by the Buyer is false and/or incomplete, or if the Seller can reasonably question its veracity;
  • if due payment by the Seller does not take place immediately after placing the Order by clicking on the button “Buy now”;
  • if the Buyer has already failed to fulfil their payment obligations towards the Seller in the past;
  • if the Buyer has refused to accept and/or failed to collect any orders which they have placed with the Seller in the past;
  • if there is an obvious or processing error in the prices given on the Website; or
  • if the desired delivery address is located in your country of residence.

2.7.  The Seller shall notify the Buyer as soon as possible if an Order is not accepted. In such a case, any payments which have already made by the Buyer shall be immediately refunded.

2.8.  The Order, the confirmation of the Order by the Seller, as well as the Data Protection Directive and the Conditions of Use of the Website published on the Website, and these General Terms and Conditions, constitute the entire Agreement between the Buyer and the Seller with regard to the use of the Website and the placing and carrying out of an order.

2.9.  After the Buyer has clicked on the “Pay” button, thereby placing a legally binding Order, they are taken to a payment page in accordance with their chosen payment method. On that page, the Buyer completes the appropriate fields in order to carry out the payment and then authorises the payment.

Article 3: delivery method and delivery dates

3.1.  Shipment will be made using a carrier designated by the Seller.

3.2.  After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price if the Buyer has chosen for advance payment and unless the parties have agreed on a longer delivery period.

3.3.  The Seller may not proceed with the delivery of the Products or retain it if the total amount of the corresponding Order has not been settled before delivery.

3.4.  In the event of late delivery, or if the Order can not be carried out or only partially carried out, the Buyer will be informed within the same period of fourteen (14) days following the placing of the Order. In the event of failure to deliver the Product (s) within seven (7) days from the date specified by the Seller, not due to force majeure, the Purchaser will have the opportunity to terminate Order by registered letter with acknowledgment of receipt within sixty (60) days from the date indicated for delivery. In case of failure to deliver the Product (s) resulting from their unavailability, the Seller will inform the Buyer within fourteen (14) days. The Buyer may request the refund of the Seller’s Order. The Seller will make this refund within fourteen (14) days of payment of the Order by the Buyer.

3.5.  The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are delivered.

Article 4: price and payment

4.1.  The prices indicated on the Website are denominated in your local currency or in euros, are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs. The return shipping costs will be borne by the Seller. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.

4.2.  The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.

4.3.  Payment is made via the payment methods displayed on the Website and must be done when ordering the Product.

4.4.  The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.

Article 5: right to return

WITHDRAWAL POLICYRight of withdrawalYou have the right to withdraw from this Agreement within a term of fourteen days without giving reasons.The withdrawal period is fourteen days from the date on which you, or a third party named by you, who is not the promoter, take possession of the Products, or (in the case of an Agreement governing several Products which you ordered in one single Order and which were delivered separately), the last Product to be delivered, or (in the case of an Agreement governing the delivery of a Product in several part-deliveries or pieces), the last part-delivery or the last piece to be delivered.To exercise your right of withdrawal you must inform us at the email, address or phone as stated at the top of this page by means of a clear declaration (e.g. by sending letter by post, telefax or e-mail), of your decision to withdraw from the Agreement.To adhere to the deadline for returning the Product, it suffices to send the notification exercising your right of withdrawal prior to the expiration of the withdrawal period for returning Products.The consequences of withdrawalIf you cancel the Agreement, we will have to reimburse you for any payment received from you, except delivery charges (if the delivery has not been made yet.) To reimburse you, we will use the same method of payment as that used for your original transaction, and you will not be subject to any fees associated with this refund.We can refuse to refund your payment until we receive the returned Product from you, or until you provide proof that you have sent the Product back to us, depending on which of the two takes place first.You must return, or deliver to us, the Product without delay and in any case, at the latest, within fourteen days from the date on which you sent us your notice of withdrawal regarding this Contract to the Customer. Next address: Yume Clothing SPRL, Rue Victor Hugo 47, 1030 Brussels, Belgium. The refund period will be respected if you return the Product within fourteen days.You will only have to pay for any loss of value of the Product, provided that such loss of value is due to unnecessary manipulation of the Product for the purpose of testing its quality, characteristics and operation.Exceptions in which the right of withdrawal does not applyYou do not have a legal right of withdrawal for long-distance contracts concerning the following:
  • lthe delivery of Products which are not ready-made, and which have been manufactured in accordance with a decisive individual choice or decision made by the Consumer, or which are especially tailored to the personal requirements of the Consumer, and/or,
  • the delivery of sealed Products which are not suitable for return for reasons of health protection or hygiene, in cases where their seal has been removed after delivery.

Article 6: complaints

6.1.  The contact details of the Seller and of the third parties that the Seller has engaged to handle complaints can be found by clicking on the ‘Contact’ button on the Website.

6.2.  The Buyer will be obliged to inspect the Product when it has been delivered and to notify the Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.

6.3.  The Seller will respond to any complaints that it receives within a term of 14 days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.

6.4.  In the event of a recall of a Product by the Seller, the Buyer will offer its full cooperation to the Seller. The Buyer will inform the Seller directly in the event that he suspects a security defect on the Product. At the discretion of the Seller, this Product may be subject to a recall procedure.

Article 7: intellectual property rights

All product names, trademarks, logos, designs and designs printed or indicated on the Products or indirectly related to the Products are the property of the Seller. The Purchaser acknowledges the Seller’s proprietary rights in the Intellectual Property Rights and will refrain from any use, reproduction, modification or adaptation of such Intellectual Property Rights, as well as from any conduct that may infringe upon such Intellectual Property rights. intellectual.

Article 8: risk and property

The Buyer bears the risks of the Products as from their delivery. The transfer of ownership of the Products is made only when the Seller has received full payment of all amounts due in respect of the Order.

Article 9: guarantee and liability

9.1.  The Seller is required by law to provide a Product that meets the contract with the Buyer.

9.2.  The Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement.

The Seller can not also be held responsible for the non-performance of the Contract in case of force majeure as defined by the jurisprudence of the Belgian courts, and in the event of non-performance or improper performance of the Contract attributable to the Purchaser or the fact unpredictable and insurmountable of a third to the Contract.

9.3.  The Seller undertakes to reimburse the Buyer for the price of the Products, or to exchange the Product (s) with one (or more) identical product (s) depending on the available stocks, or to exchange the or the Product (s) by one (or more) Product (s) of quality and equivalent price depending on the available stocks, in case of delivery of one or more Product (s) not in conformity (s) or in case of delivery of one or more Product (s) revealing a hidden defect.

Article 10: personal data

The Seller processes the information of the Buyer in accordance with the regulations applicable to the protection of personal data and in accordance with the Privacy Policy.

Article 11: applicable law and competent jurisdiction

11.1.  The law of the country of your residence applies to this agreement.

11.2.  Any differences that may arise between the Buyer and the Seller will be submitted to the competent court as designated by the EC Regulation No. 44/2001 of 22 December 2000 on Jurisdiction, Recognition and Enforcement of Judgments in Civil and Commercial Matters.

Article 12: nullity

In the event that any provision of these Terms and Conditions is declared void, all other provisions of these Terms will remain in effect.

Article 13: amendment to the general terms and conditions

The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website. If the Buyer is unable to consult the General Terms and Conditions via the Internet the Seller will send the Buyer a copy of the most recent version of the General Terms and Conditions by e-mail.

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