You are connected to one of the sites administered by WAZ. The purpose of this document is to inform you about WAZ and its on line General Terms of Sale (Contractual Terms). Please read the following clauses carefully because they constitute an electronic contract setting down the General Terms of Sale of the WAZ “online” store.
“Double-clicking” your purchase order after completion validates the order. It is your valid and irrevocable acceptance of these Contractual Terms once the order has been validated.
Consequently you can only order products and/or services if you accept all the terms stipulated below.
The net surfer (physical person with capacity to contract) and WAZ are called “the parties” and individually “the party” below.
Each expression below has the following definition in this contract:
- “the company”: WAZ
- “distance contract”: any contract for the order of products and/or services concluded between the company (*) and a customer (*) within the framework of a system of the distance sale or supply of services organized by the company (*), which uses the Internet exclusively for this contract, up until its conclusion, including the conclusion of the contract itself.
- “customer”: any physical person who acts, in this contract, either privately or as the representative of a legal person with the right to contract.
- “purchase order”: document stating the characteristics of the products ordered by the customer (*) which, in order to bind the customer, must be signed by the customer by double clicking (*) on it.
- “order”: action whereby the customer undertakes to purchase products and/or services and the company (*) undertakes to deliver and supply them to the customer.
- “product”: an item sold or a service supplied by the company.
- “double clicking”: a repeat confirmation of the purchase order by the customer. A purchase order which has been completed and validated a first time is never accepted, unless it is confirmed by the customer. This confirmation can be made by checking a box accepting the Contractual Terms or by a message confirming the order.
Name: Open Mind & Strategy
Legal form: Limited liability company (SPRL)
Adresse : 131 Rue au bois, 1150 Bruxelles
Adresse mail : email@example.com
N°TVA : BE0830 99 31 59
TEL+32 (0) 474 87 99 13
This contract is an electronic distance contract which defines the parties’ rights and obligations for sales of products offered by WAZ. It therefore complies with the belgian legislation in force i.e.:
- Law 2004-575 the ‘Law for confidence in the digital economy’.
- Recommendation n°07-02 of the Abusive Clauses Commission, on contracts for the sale of movables concluded over the Internet
It also complies with the OECD’s guidelines in the e-commerce field.
Protection of minors
Our company stresses the importance of protecting minors within the scope of its online business. Although minors may act alone in cases where they are authorized to do by law or practice especially for purchases of a low value, we consider it essential that we try, by all means, to check that the customer has the power to contract.
Therefore, we may ask any customer who places an order on our site to prove his or her capacity to contract, in accordance with the legal obligations.
The products offered by WAZ are displayed on the website in the French/English/Netherland language. Any citizen from the European Community and the countries complying with directive 95/46/EEC cannot invoke his or her lack of linguistic knowledge in order to cancel the contract.
The products which are offered for sale directly by WAZ are the products displayed on the www.waz-shoes.com website, within the limits of stocks available, on the day the net surfer consults the said website.
The illustrations on the web site reflect the products on sale on the site apart from a limited number of cases connected with the technical characteristics of the Internet (the net surfer’s screen resolution and colours).
Because of the specificity of the Internet, the company does not warrant that all the products on the site are available in real time. If one of the products is temporarily or permanently unavailable, the company will inform net surfers either by posting a message on its site, or by sending an e-mail to a valid e-mail address supplied by the customer. The company will offer to replace the ordered product with an equivalent product (quality and price) or a credit note, or the exercise of your right to rescind (cancel your order).
The company can modify its prices at any time, unless a sale of a product has been concluded at the price displayed on www.waz-shoes.com.
If due to a typing mistake, an “extremely cheap” price is displayed, the sale can be cancelled, as stipulated in the article :“Performance of the order”.
The prices displayed are in Euros (€) and are inclusive of VAT on the date of the order as well as all the costs of processing your order.
Delivery costs are payable by the company, unless stated to the contrary during the order process. Different delivery options (accompanied by their tariffs), are presented during the ordering process and detailed in the summary of the order.
The whole price must be paid when the products are delivered at the latest, unless a clause is stipulated to the contrary when ordering and mentioned on the invoice.
If products are delivered outside Belgium, the customer is exclusively responsible for customs duty and procedural formalities unless otherwise stated. The Customer also undertakes to check the rights to import the products ordered onto the territory of the country of delivery.
Order and Payment
Any purchase order which is signed by the customer by double-clicking constitutes an irrevocable acceptance which can only be called into question in the restricted cases stipulated in the ‘right of retraction‘and‘performance of the order’sections of this contract. Any agreement to an estimate sent by e-mail to the customer, and returned to WAZ with an express agreement is also an irrevocable acceptance.
The customer can choose from amongst the payment methods listed during the order process and displayed on the company’s site to pay for the order. The customer warrants the company that he or she holds the necessary authorizations for using the chosen payment method when validating the order.
If payment is made by bank card, the customer must transmit the bank card number, according to the type of bank card, its expiry date, as well as the cryptogram number (3 digit number shown on the back of the bank card).
The company warrants that deliveries will be made in accordance with the terms guaranteed by transport providers (apart from cases of force majeure as defined by the case law) and indicated on the http://www.waz-shoes.com/ website or during the order process.
Please inform the company of late deliveries by contacting the customer service department or sending an e-mail to the following contact addresshttp://www.waz-shoes.com/.
Incomplete or nonconforming service (caused by the carrier)
The parcel may be damaged or its contents may be partially or totally missing.
If you establish one of the above losses, please mention this on the carrier’s way slip, and refuse the product by returning it to us. If you discover the loss after the carrier has left please inform us by sending an email to the contact address http://www.waz-shoes.com/ or by telephone within a maximum of 72 working hours following receipt of the order.
Incomplete or nonconforming delivery (caused by the company)
Despite the care taken in preparing orders a product may be missing from the order, or a mistake may have occurred during preparation.
If you discover a problem with an order, please inform us as quickly as possible, and if possible within 72 working hours of the receipt of the order. This can be done by sending an e-mail to the contact address http://www.waz-shoes.com/ or by telephone.
Please inform us as quickly as possible if a parcel is lost by one of our carrier service providers.
The company will carry out an investigation with the departments concerned.
Right of retraction
Pursuant to the legal obligations, the customer has a period of fourteen (14) clear days in which to exercise the right to retract for products which benefit from this right. This period runs from the receipt of the order by the customer.
Important: this right of retraction does not apply to products which are made up or customized on the customer’s behalf.
In order to simplify the processing of the customer’s return, the customer can contact the company by e-mail to obtain a return number before reshipping the product. This condition does not cancel the right to retract.
The company will refund the customer all the sums paid on order within a maximum period of 30 days.
All reshipment costs will be paid by the company (except for the return outside Belgium). The product must be reshipped complete in a re-saleable condition. It is also important that products are returned in their original packaging, using methods which offer the same shipment guarantees as those which covered the initial shipment of the products.
Performance of the order
The company reserves right to refuse the order for a “legitimate reason” (as defined by the case law) and in particular (without this list be exhaustive) if the product is unavailable, if it is impossible to perform the service, the customer makes an abusive request, a presumption that it is impossible for the customer to contract, or a clear intention by the customer to harm the company.
The company also reserves right to refuse the order if, due to a typing error, an “extremely cheap” price is displayed at the time the customer places the order. If there is a difference of interpretation between a “low price” and an “extremely cheap” price, with respect to the price displayed on the website when the customer places an order, the customer can request the intervention of a third party as stipulated in the ”Governing law” article.
The order will be performed at the latest within a period of not more than 7 days from the date planned for delivering the product or the service mentioned in the order, subject to the company’s acceptance of the delivery date.
Please contact us for the delivery deadlines for different types of services (customization etc).
An invoice will be automatically sent to the customer when the order is placed. This will be sent to the e-mail address given by the customer when ordering unless the customer states to the contrary.
WAZ is liable for the proper performance of the obligations under the distance contract, irrespective of whether these obligations are performed by itself or by subcontractors and without prejudice to its right to claim against them.
WAZ cannot be held liable if the concluded contract is not performed due to an event of force majeure (as defined by the law) notably in cases of all-out or partial strikes by the postal services, carriers or disasters caused by flooding or fires. This exclusion of liability also cover the non-performance of the contract due to the unforeseeable and unstoppable action by a third party unconnected to the supply of the planned services. Concerning products purchased to satisfy business requirements, WAZ will not incur any liability for any consequential loss resulting under this contract, operating loss, loss of profit, prejudice or costs which could occur.
The customer is exclusively responsible for the choice and the purchase of a product or a service. WAZ will not be responsible for paying any compensation, refund or have its liability put in issue, if it is totally or partially impossible to use the products notably because of the incompatibility of the equipment, except in the case of established defect, nonconformity, defect or exercise of the right to retract.
The information requested from the customer is required to process the customer’s order and may be communicated to the company’s contractual partners (accountants, lawyers etc). The information can also be transmitted to any competent authority for settling disputes between the company and one of its customers.
The customer can consult how personal data on the http://www.waz-shoes.com/. website is processed in our “Data Protection” section.
The customer can also exercise his/her right to access, rectify and oppose under the terms stipulated in the company’s “Data Protection’ and ‘Legal information’ sections.
‘Double-Clicking’ and proof
The ‘double-clicking’ associated with the customer’s authentication procedure and the non-repudiation of his or her and the acceptance of these Contractual Terms validates the order and concludes the contract.
The computerized registers kept on the company’s servers and on its banks’ servers will be considered to be rebuttable presumptions (refutable) of the communications, orders and payments which occur between the parties.
The company will never record telephone conversations between a member of the company and one of its customers or prospects. If the company subcontracts the customer service, it undertakes to prohibit the partner responsible for implementing this service from making such recordings including within the scope of ‘an improvement to the service’.
The whole of the contract
These General Terms express the whole of the parties’ obligations.
No general or specific condition communicated by the customer can be inserted into these General Terms unless this is agreed by the parties before the contract is concluded.
If any of the clauses in this contract are null and void or invalid for any reason whatsoever this nullity or invalidity will not entail the nullity or invalidity of the other clauses which will continue to be effective.
The fact that the company does not invoke a breach by the customer of any of the obligations mentioned in this document cannot be interpreted as being a waiver of the said obligation in question in the future.
The company reserves the right to adapt or modify these contractual terms at any time. In the event of modification, the contractual terms in force on the day of the order will be applied to each order. The company will also keep all time stamped versions of the ContractualTerms on its servers.
Title retention clause
The products delivered to the customer remain the company’s property whilst the contract has not been performed in full. On the other hand, risks pass as soon as the products and/or services ordered from the electronic store have been delivered.
The documents supplied to the customer are governed by the Intellectual Property Code and remain the company’s property. It is therefore prohibited to reproduce, assign or use the documents supplied without the company’s consent.
This contract is subject to Belgian law in accordance with European directives.
This applies to substantive law rules as well as procedural rules. In the event of a dispute, the companies will favour an out-of-court settlement.
This search for an out-of-court settlement will not suspend the time limits for acting under the warranties.
If an out-of-court settlement is not reached, the Belgian courts will have exclusive jurisdiction, apart from a public policy provision to the contrary.