These terms are entered into, firstly s.a. Optique Pierre DECLERCK, company number BE043278578 located at Passage Lemonnier 47 in 4000 Liège, Belgium hereinafter referred to under the tradename "Optique DECLERCK, Maison DECLERCK or https://www.declerckoptique.be" and secondly, persons wanting to make a purchase via the web site Optique DECLERCK https://www.declerckoptique.be, hereinafter referred to as "the user".
Optique Pierre DECLERCK sa Passage Lemonnier 47 4000 Liège Belgium
Both parties agree that their relationship shall be governed exclusively by these terms, excluding any other term previously available on this site.
Should a condition be missing, it shall be considered as governed by customs applicable to the area of mail order sales by companies headquartered in Belgium.
The non implementation of one or more provisions of these terms shall never be considered by the client or the buyer as a waiver of these terms.
The purpose of these terms is to set forth the sale terms between https://www.declerckoptique.be and the user, from the order to the services, and to payment and delivery.
They describe all steps necessary for placing the order and ensure the follow up of the order between the contracting parties.
Any new user of the site that does not hold a customer number should follow a registration procedure allowing him/her to later secure a customer number.
In all cases, the final confirmation of the order implies the acceptance thereof, as a whole, at the indicated price, by the user.
Such confirmation constitutes signature on, and formal acceptance of, all transactions completed on the site.
The goods and services offered by https://www.declerckoptique.be on its web site namely the sale of the products, shall be hereinafter referred to as the « services by https://www.declerckoptique.be », each new person wanting to be provided the services of https://www.declerckoptique.be and meeting the general terms of sale shall be hereinafter referred to as a « client », each company having appointed Declerck Optique to sell one of its products on its site shall be referred to as a « supplier », and each order place by a client according to the terms specified below shall be referred to as « the order ».
3.Registration of personal data
Any individual or legal entity, which registers during a visit to the web site "https://www.declerckoptique.be" as a potential contracting party of https://www.declerckoptique.be shall communicate by registering its/his/her personal data with https://www.declerckoptique.be.
The registration of the personal data implies the formal consent that the identification data can be processed in the data file of https://www.declerckoptique.be. Only individuals or legal entities with full legal capacity and capacity to act may register.
During the registration process, the individual or legal entity receives an identifier number and chooses a password that is validated by https://www.declerckoptique.be and such information is confirmed by the sending of a summary email by https://www.declerckoptique.be to the client.
The client him/herself is responsible for the confidentiality, the security and the use itself of his/her identifier and his/her password.
Any use of the identifier and password of a certain client is assumed to have been made by that client.
https://www.declerckoptique.be may make the use of the identifier and of the password impossible temporarily or permanently should it appear that the client breaches one or more provisions of these general terms.
The manager of the processing of the personal data of the client is:
The processing of such personal data in the data file of https://www.declerckoptique.be takes place with a view to the administration of the customer base, of order management, of deliveries, of the invoicing of tangible and intangible services, of solvency monitoring, of advertising using the profile, customised processing and marketing.
Principles relating to the collection of personal data.
In principle, access to the information available on or via the site takes place without having to provide personal data, such as the name, postal address, e-mail address ...
Exceptionally with a view to securing additional services (request for information, reservation, member space, subscription for a newsletter …) it may occur that personal information, mainly contact details, be requested from the user. In that case, the user is first advised and the data are processed in accordance with the provisions of directive 2002/58/CE relating to the processing of private data.
Basically this means that:
Your personal data may not be collected and processed other than in accordance with the purposes indicated during their collection.
You have at any time the right to access and rectify such data as well as a right to oppose, in order to check their accuracy and have possible mistakes concerning them rectified. To do so please send us an e-mail at email@example.com with an indication of your contact details and the rectification to be made.
Use for statistical purposes of browsing information.
When you access the site the servers that are consulted automatically collect the following data:
the IP address that is given to you upon connection;
the date and time of access to the site;
the type of browser used;
the operating plat-form and/or system installed on the PC;
the search engine and key words used to find the site.
Such information is kept for the sole purpose of measuring the number of visitors to the various sections of the site and to make improvements.
In order to make your browsing on the site easier and to optimise the technical management, https://www.declerckoptique.be may occasionally use "cookies".
A "cookie" is a small pièce of information stored by a web site within the Internet navigator of your computer. The "cookie" can be collected during a later visit to the same site. The "cookie" cannot be read by another web site than the one that created it. The site uses "cookies" for administrative purposes for instance to save your preferences for some types of information, which will avoid you having to repeat the same keyboard entries when later visiting our site.
Most "cookies" work only during the time of a session or visit. No cookie contains any information allowing you to be contacted by telephone, e-mail or mail. Also you can set your browser to inform you of the creation of each "cookie" or to prevent the recording thereof.
5.Terms and prices
Any information relating to the products such as delivery costs and warranty, as well as the prices, are reproduced in the respective description sheet of each product.
The sale price of each product displayed on the site of Declerck Optique is expressed in euros. It is a price that includes VAT (when applicable) as well as all costs, without possible delivery costs (see 6. Sale terms)) and additional warranty.
Sales without VAT to non VAT liable parties are possible only when supporting documents are produced beforehand.
The price paid by the buyer, hereinafter referred to as total price, is also clearly indicated as such when the order is placed.
The order is placed by the client with Declerck Optique through the web site. The order cannot be registered on the site unless the user has clearly identified him/herself i.e.:
By entering his client number, which is strictly personal to him/her.
Or by completing the on line order form allowing him to secure a client number that will be provided by the Customer Relations Department following his/her first order.
Any order constitutes acceptance of the prices and description of products available for sale. (See sale terms). By placing an order on line, the client clearly indicates that he/she wants to enter into a sale contract with Declerck Optique and that he/she agrees with these general terms of sale. The client is informed of the confirmation of that order by e-mail, referred to below as confirmation e-mail, which summarises the terms of the order. Declerck Optique agrees to honour orders received on the web site subject to available product inventory. Products in inventory are marked with a green point; those that are not in inventory are marked with an orange point. Failing product availability, Declerck Optique agree to promptly inform the client.
The sale contract between Declerck Optique, firstly, and the client, secondly, is therefore complete at the time of the acceptance of the order by https://www.declerckoptique.be.
For any question regarding the terms of the order, the client just needs to send an e-mail to firstname.lastname@example.org.
In order to process orders promptly and offer the best service, Declerck Optique invites the client to pay the purchase price when placing the order. In the event the order is cancelled (see 10. of the sale terms), Declerck Optique shall refund the amounts paid by the client, without any compensation. Parcel returning costs are borne by the client (see 10. of the sale terms). The purchase price is paid upon the order via the HiPay - www.HiPay.com – server (see 9. of the sale terms) which Declerck Optique calls upon for the baking details of the client to be encrypted and then sent in a secure manner:
Either through the indication of the payment card type (Visa, Eurocard, Mastercard), of the payment card number, of its expiry date and of its possible visual cryptogram through the clear order of debit from the account of the holder of the payment card;
Either through Home Banking (ING Home'Pay, Dexia NetBanking and Dexia Direct Net, KBC Online and CBC Online).
Or by Bancontact / Mistercash pour for clients of FORTIS, DEXIA, ING and VDK Spaarbank banks.
Authorisation: the money is reserved – held on the account of the buyer pending its transfer either to the account of the merchant in a second step (data capture) or its release when the authorisation is cancelled. NB: Deferred payment and the authorisation followed by "data capture" are possible only for payments by credit card.
Transaction procedures on the merchant site of Declerck Optique are completed with the highly secure payment service supplier: the HiPay - www.HiPay.com- company, headquartered in Brussels. As a payment security expert, HiPay guarantees that sensitive data is transferred and stored according to the highest security and quality standards.
.How does it work
The client connects to the web site of Declerck Optique, selects items that he places in his "purchase basket" and expresses his wish to place the order.
After registering, the client enters his delivery and billing details. The total amount of the order all taxes include and carriage cots are indicated.
After receiving a full summary of his order, the client confirms his wish to move on to the payment step.
The client is redirected in an open manner to the site of HiPay, where he entre his payment parameters (payment method, home banking, credit card number,…)
The payment is requested from the respective financial organisation.
The client receives the result of the transaction which he can print and keep as evidence.
Optique Declerck performs the automated after sales processing and sends the parcel to the client.
When the time has come to enter the payment parameters (step 4), the client is automatically redirected to the HiPay site. The exchange of sensitive information – such as the credit card number - is therefore done between the client and the site of HiPay; Declerck Optique is not aware of it. Not only does that system protect the confidentiality of the information towards Declerck Optique, but it also allows to include new payment methods without requiring a change in the programing of the merchant site.
In addition, all transaction costs (commissions of the various financial institutions) are fully borne by s.a. Optique Pierre Declerck.
At the end of the payment process (step 7), the merchant site takes over in order to perform the “after sales” processing at its option (inventory update, possibility to download a piece of intangible property, etc).
Therefore that system offers all benefits for payments on the merchant site of Declerck Optique:
Confidential information is protected using the SSL or SET technologies. No such information goes through the network without encryption.
Ensure the confidentiality of the payment data (including credit card numbers).
The merchant or the applications of the merchant site do not know the buyer’s credit card number.
Any communication between the browser of the client and HiPay e-Commerce is done using the encryption techniques SSL 128 bits. It is not possible for the client to use a browser that does not support that encryption technique. HiPay e-commerce holds a certificate issued by Verisign.
HiPay e-commerce is protected by various firewall and protocol conversions systems to restrict access to the data or to the payment processes by unwanted visitors.
10.Warranty and after sales service
Most of our items well sell carry the legal compliance warranty, the legal latent defect warranty and the manufacturer’s warranty whose scope and time differ depending on the products and trademarks.
In the event of an exchanged order, carrier costs for the item or items are borne by the client. However, if the compliance guarantee applies to the returned products, all costs related to the return are refunded to the client.
Whatever the problem regarding your item, you have to enclose with the defective equipment a copy of the invoice, the item’s warranty (found in the box) and the return slip. Caution, the warranty does not apply to the repair of damages resulting from a cause external to the equipment (for instance, an accident, impact, hit,…). Or from a fault of the client resulting for instance from use against the specifications of the manufacturer, use harmful to the proper conservation of the frame, use for business or collective purposes, use of unsuitable accessories or cleaning consumables .... We invite you on that matter to carefully review the instructions provided with the products and the use advice found on the site https://www.declerckoptique.be
In the event of products that do not meet the information given during the presentation of the products on the site or presenting latent defects, such products will be changed or refunded based on the availability of similar products. Items carrying a warranty will be taken back only with the delivery slip. If the product cannot be changed, due to inventory, you will receive a voucher in the value of your purchase price to be used in the on line store https://www.declerckoptique.be or at our physical store Optique DECLERCK 47, Passage Lemonnier 4000 Liège - Belgium.
Also the warranty does not cover products changed, repaired, incorporated or added by the client or any other person not authorised by the Supplier. The warranty shall not apply to apparent defects and product compliance defects, where any claim should be expressed by the client within 7 days after the delivery of the products, under penalty of forfeiture. The warranty shall not cover products damaged during improper use.
In all cases, Declerck Optique shall not be held responsible in the event of the manufacturer’s refusal to apply its warranty for the reasons described above.
In order to make the after sales service easier for the products, Optique DECLERCK may redirect its clients to the closed service point to the home of the client.
Any return should first be authorised by Declerck Optique with the allotment of a return number. Therefore, the client should request so to email@example.com, subject to Declerck Optique’s written acceptance
The buyer is entitled to the right to notify Declerck Optique that he/she wants to cancel the purchase without paying any penalty and without giving any reason within 7 working days as from the day after the order cancellation.
Reminder of our delivery terms:
Your purchases are packed with the greatest care, using protection materials. The attention that we lend to packaging allows us to offer delivery in the best conditions.
Products shipped are insured free of charge against deterioration and theft for the whole duration of the transport. You therefore need to check the integrity of your order and of all the items in it on receipt of the parcel and in the presence of the person that made the delivery in order to express reserves as needed.
Declerck Optique will not accept the buyer’s cancellation unless the original packaging of the product has remained intact, and if the product itself has been neither used nor damaged.
Notification to the buyer should be done by e-mail (firstname.lastname@example.org). On that occasion and subject to the buyer having met the notice time such as described in the above paragraph, he/she shall be issued a return authorisation number. In the event of the return of the parcel and after having advised Declerck Optique by e-mail within the period described above, the parcel return costs shall always be borne by the client. By the way, the client is advised to work with the services of DPD, a partner of Declerck Optique, for safe delivery and warranty. The client is asked to carefully protect the returned items.
In order to make your work easier when returning an item, Declerck Optique offers to refund you by transfer to your bank account. In order to benefit by that convenient, safe and quick service, you just need to enter your bank account number on the sending list that comes with the returned items. We will complete the transfer promptly (a maximum of 30 days) after the time Declerck Optique has actually become aware of the wish to cancel and after the products have been returned to Declerck Optique. Parcel return costs shall not be reimbursed. In the event of abusive returns, Declerck Optique reserves the right to refuse a later order.
The SPRL Direct Trading Group company has, for all the site access steps, order processing, delivery or later services, only a duty of means.
Its liability shall not be incurred for any inconvenience or damages inherent to the use of the Internet network, including a service shortage, an outside intrusion or the presence of information system viruses, or any fact termed as force majeure, in accordance with case law.
Declerck Optique shall not be held responsible for any losses of any kind, both physical damages or financial losses or bodily injuries, that may result from improper operation or from an improper use of the sold products. The same applies to possible changes in the products resulting from the suppliers. The responsibility of Declerck Optique will be, at any rate, limited to the amount of the order and shall not be incurred for simple errors or omissions that may have remained in spite of all precautions taken in the presentation of the products.
Declerck Optique shall not be held responsible, towards a client or a third party for any indirect damage, for any operating loss, profit loss or sales loss, taking place in any manner.
Without limiting the previous paragraphs, the liability of Declerck Optique under the terms of these general terms shall not exceed an amount equal to the amounts paid or payable upon the transaction resulting in the said liability, whatever the cause or form of action concerned.
Declerck Optique shall not be held responsible for any failure to perform the contract entered into, in the event of inventory shortages or product unavailability, of force majeure, of disturbance or full or partial strike including in postal services and transport and/or communications means, floods, fire.
Agrees not to disclose to third parties any information provided by the clients on the site. Such information shall be confidential. It shall be used by its in-house services only for the processing of your order and only to reinforce and customise communication including through information letters / email as well as in the framework of the customisation of the site depending on actual user preferences. enviedecafe.com may provide consolidated statistics relating to its clients, its sales, exchange structures and relating to the information on the site to trusted third parties, but such statistics shall contain no personal data.
Declerck Optique therefore does not sell, market or rent to third parties any information regarding its clients.
.Legal information - site use terms
a.Information and service quality, liability limitation
b.Intellectual property rights
The texts, layout, illustrations and other items making up the site are protected by copyright or, regarding databases, by a specific right. All such items are the property of Declerck Optique or as needed, of a third party, from which Declerck Optique has secured the necessary authorisations.
Unless otherwise provided, any text or quantified information found on the site may be used free of charge subject to mentioning the source and only for a use that is not business nor sales. However, any reproduction of such information for sales or advertisement purposes, as well as any forms of use and reproduction of the other items making up the site, such as the graphical line, the sounds or digital applications, is strictly prohibited without prior authorisation. Any request to that effect should be sent to the management of Declerck Optique (email@example.com).
c.Creation of hyperlinks to the site
Declerck Optique allows the setting up without prior request of surface linking directing to the home page of the portal site or any other page as a whole. However, the use of any techniques aimed at including all or part of the portal site in a web site and tom conceal, even partly, the exact origin of the information or in any manner misleading as to the origin of the information, such as framing or in-lining, requires the written authorisation of Declerck Optique. Any request to that end should be sent to the management of Declerck Optique (firstname.lastname@example.org).
Do not convey any illegal, threatening, libellous, obscene, scandalous, provoking, pornographic or blasphemous tory information, or any other information that may result in civil or criminal liability, under the law of the Territory that the site refers to.
These terms apply throughout the whole term of the on line publishing of the services offered by enviedecafe.com.
In the event any of the clauses of this contract is invalid and void due to a change in law, regulation or to a court ruling, the validity of, and compliance with, these general terms of sale, shall not be affected.
16.Conservation and filing of transactions
The filing of the order forms and invoices is done on a reliable and lasting medium, so as to correspond to a faithful and lasting copy.
The electronic registers stored in the information systems of the SPRL Direct Trading Group company and of its partners in reasonable security conditions, shall be considered as evidence of the communications, orders and payments made between the parties.
The terms reproduced on this site apply to deliveries to the Belgian and Luxemburgish territories only. Articles sold by enviedecafe.com meet the description and the presentation given in the catalogue. In spite of all our precautions, there may be errors in the catalogue. In no event can we be bound on that matter.
18.Applicable law and jurisdictional clause
The terms shall be governed by the laws of Belgium. In the event of any dispute, the client shall first go to s.a. Optique Pierre DECLERCK to try and reach an amicable solution. Failing, only the courts of the legal district of Liège shall be relevant, whatever the places of delivery and the accepted payment methods.
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