The e-commerce site www.fourroses.be is an online sales site where clothing (Products) of the FourRoses brand is for sale. The Products belong to Velmar BV, with registered office at 9050 Gentbrugge, Jan Samijnstraat 12 with company number BE0859.965.277. Continue reading "FourRoses"
Internet users who wish to purchase the Products are referred to as "Customer" in these Terms of Use. FourRoses and the Customer are referred to individually as "Party" and collectively as "Parties".
Customers may contact Customer Service at the email address info@fourroses.be in case of problems with the Site or their order.
ARTICLE 1 - SCOPE
These Terms of Use govern the rights and obligations of the Parties arising from the online sale of Products offered on the FourRoses Website. FourRoses provides all its services from Belgium and the contract between the Parties is deemed to have been executed in Belgium.
These Terms of Use apply to all Products sold on the Site, and take precedence over any other terms and conditions of FourRoses or the Customer. These terms and conditions can only be changed in writing.
ARTICLE 2 - LEGAL CAPACITY AND ACCEPTANCE
Anyone wishing to purchase FourRoses' Products on the Site must be legally competent to do so or else purchase the Products through their legal representative.
The Customer may print these Terms of Use.
ARTICLE 3 - THE PRODUCTS
The Products offered for sale on the Site are those displayed on the Site at the time the Customer visits it and which are indicated to be sold by FourRoses.
Products are offered for sale while stocks last and only in the usual quantities for private use.
When one or more Products are unavailable, FourRoses will inform the Customer in writing or by email. In such a case the Customer will be refunded immediately by the same means of payment used by the Customer for the initial purchase. The refund period may vary depending on the means of payment chosen by the Customer. In the case of payment by credit card, the refund will appear on the next monthly credit card statement. If the Customer considers that the refund is taking an abnormally long time, he can contact his bank.
In all cases, FourRoses will make the refund within 30 days.
All Products offered for sale on the Site are described in good faith, carefully and as accurately as possible. The photographs on the Site accompanying the Products are as reliable as possible, but there is no guarantee that the Products are perfectly identical to the photographs. FourRoses cannot be held responsible for minor errors or differences in the descriptions and photographs of the Products, including minor variations in colour and size.
ARTICLE 4 - PRICES AND INVOICE
The applicable prices are the prices stated on the Site at the time the Customer places the order.
Prices stated during the purchasing process are prices in euros including VAT and handling charges.
The prices of Products and services do not include shipping costs which are charged separately in addition to the purchase price as stated on the Site. Discounts to which the Customer is entitled shall be deducted from the price separately.
FourRoses reserves the right to change the selling price and shipping costs at any time, but the price charged for the Products purchased and shipping costs is the price indicated in the confirmation e-mail, i.e. the price applicable at the time of purchase.
The Customer will receive confirmation of the order and the corresponding invoice on a durable electronic medium.
Products remain the property of FourRoses until the Customer has paid for the Product in full, i.e. until the purchase price and shipping costs have been paid.
In case of an obvious error on the Site in the price of a Product the Customer ordered, FourRoses will inform the Customer as soon as possible and offer the Customer the possibility to place a new order at the correct price. In all cases FourRoses will cancel the initial order and refund the Customer.
ARTICLE 5 - PAYMENT METHODS
Purchases can only be paid online by Visa, MasterCard, American Express, bank card, Maestro, Bancontact/Mister Cash and PayPal. The Customer's bank account will be debited as soon as the Customer proceeds to pay, and payment will only take place if the Customer's bank authorises payment to FourRoses. If the Customer's bank refuses the payment, no contract will be concluded between the Customer and FourRoses. As soon as the Customer's financial institution accepts the payment, the contract is concluded between the Customer and FourRoses.
The Customer declares that he is authorised to make payments using one of the aforementioned payment methods. He also declares that there are sufficient funds in the bank account concerned to cover the costs of the transaction.
FourRoses reserves at all times the right to refuse to execute an order from a Customer with whom it has or has had a dispute or who has not paid in full or in part for a previous order.
ARTICLE 6 - ORDERING THE PRODUCTS
To place an order, the Customer goes to the Product of his choice, selects the colour and size and clicks on "Add to basket". The Product in question is added to the shopping basket.
The Customer is free to change the order as long as the Products are in the shopping basket. The price of the Products is automatically displayed in the shopping basket.
Once the Customer has made his choice, wants to validate the contents of the basket and confirm his order, the Customer must identify himself. Existing Customers identify themselves by logging in, new Customers must create a Customer Account.
The Customer must choose a delivery and payment method and enter his billing and delivery address. By making the payment and placing the order, the Customer explicitly agrees to the general terms and conditions.
The total amount due for the order and the shipping costs is clearly displayed.
The Customer will be directed to a reliable payment service provider Mollie who will handle the payment securely.
When the payment process is completed, the confirmation page is displayed and a confirmation email is sent to the email address entered. All contractual details of the order are communicated to the Customer.
At this stage, the Customer can no longer amend the order.
The Customer can print the order confirmation page.
The Customer will receive an e-mail when his order has been dispatched.
The data recorded in the IT systems of FourRoses, its holding partners or internet payment partners constitute proof of the communications, the contents of the orders and the entire transactions which took place between the Parties.
ARTICLE 7 - DELIVERY
The Products are delivered to the delivery address indicated by the Customer during the order and according to the procedure of the logistics partner.
The Products ordered by the Customer can only be delivered to addresses within the European Union.
FourRoses reserves the right to split orders into one or more deliveries depending on the availability of the Products. Each delivery will be communicated by e-mail. At the time of delivery a delivery note will be given on which all details of the Products delivered will be mentioned.
If a delivery is lost during the delivery process and if the provisions of this article are met, FourRoses will, at its expense, reship the Product if the Product is available or refund the value of the Product and the shipping costs.
The risk of loss and/or damage shall pass to the Customer upon delivery to the delivery address stated at the time of ordering or any other delivery preference stated by the Customer.
ARTICLE 8 - RIGHT OF RETURN
The Customer has a statutory right of withdrawal fourteen (14) days from receipt of the ordered Products to return the goods, without giving any reason.
The Customer informs FourRoses of his decision to withdraw by sending a clear statement to the FourRoses Webshop, Jan Samijnstraat 12, 9050 Gentbrugge or by email to info@fourroses.be
The Customer will return the Products to FourRoses immediately and at the latest within fourteen (14) days after notification of his decision to exercise his right of withdrawal. The Customer must return the Products in new and unused condition, with all original labels and at their own expense. The Customer is responsible for the Products (including for damage or loss) until the Products are received by FourRoses.
If the above conditions are fulfilled and FourRoses has received the Products, FourRoses will refund the Customer the full amount of the order, including the initial shipping costs.
The full purchase price will be refunded within 14 calendar days after FourRoses has received the returned goods in time, and if all the above conditions have been met. The amount refunded will in no case exceed the amount actually paid by the Customer.
For a refund FourRoses will use the same means of payment as the Customer used for payment of the initial transaction unless expressly agreed otherwise and the Customer will in no case pay any costs for the refund. Vouchers and discounts used to pay for the order will be taken into account. The Customer will be reimbursed in accordance with the procedure agreed with the bank that issued the card.
The Customer shall be liable for any diminution in value of the Products if this diminution in value is due to a use of the Products beyond a reasonable use to establish the nature, characteristics and operation of the Products.
Returns can only be accepted as described above.
Returns should be sent to the address below:
FOURROSES WEBSHOP
Jan Samijnstraat 12
9050 Gentbrugge
Belgium
ARTICLE 9 - GIFT VOUCHERS
We have two types of gift cards:
1/ The gift card for the physical shop. These can be purchased in our shops, for a value of your choice. Please note that this can only be used in the shop and not online on our webshop.
2/ The webshop gift card can be purchased online and can only be used for online orders.
Gift cards cannot be returned or refunded.
FourRoses is not responsible for delivery of a gift certificate by e-mail to a non-existent or incorrect e-mail address. It is the sole responsibility of the Customer to enter and verify the correct information (including the correct e-mail address of the recipient).
FourRoses is not liable in the event of theft, resale, destruction, loss or use of gift vouchers without the consent of the Customer.
ARTICLE 10 - LEGAL GUARANTEE
In case of defective or non-conforming goods, the Customer can contact Customer Service at email address info@fourroses.be.
FourRoses guarantees that the Products offered for sale do not have any visible or invisible defects that make normal use of the Product impossible or dangerous.
The Customer has legal rights under national law that are not affected by this guarantee.
The Customer has a warranty for any lack of conformity that exists at the time of delivery of the Product and that manifests itself within a period of two years from the aforementioned delivery. The Customer may invoke this warranty by contacting info@fourroses.be in writing. The Customer must inform FourRoses within a period of 7 days after the discovery of the defect
The warranty does not apply to Products that are damaged intentionally or due to Customer negligence. Similarly, the warranty shall not apply where damage is due to wear and tear, transport, incorrect washing or misuse.
ARTICLE 11 - SALE FOR PRIVATE PURPOSES
Providing the guarantee mentioned in Article 10 and customer support are important to FourRoses.
Therefore, any actions that negatively affect Customer Service are prohibited, including relabelling Products and exporting Products outside the European Union for commercial purposes.
The sale of Products is for private use only and exclusively reserved to private individuals.
The Site may not be used by professional Customers under any circumstances, regardless of the marketing method of the Products. The Products are offered for sale exclusively for purchase in normal quantities ordered by the average Customer.
FourRoses reserves the right to suspend or not fulfil an order when there is suspicion that the order has been placed by a professional Customer. The costs incurred by FourRoses in verifying compliance with the export ban for commercial purposes outside the European Union will be borne by the Customer in the event of violation.
ARTICLE 12 - INTELLECTUAL PROPERTY RIGHTS
All elements (hereinafter the "Elements"), such as, among others, the texts, the database with all data published on the Website, the layout and graphic design of the web pages, the sales catalogue, the photographs, the images, video and music on the Website are protected worldwide by copyright, database rights, trademark rights, patent rights and all other forms of intellectual property rights. Therefore they remain the exclusive property of FourRoses. Therefore, any form of copying, publication, imitation or any other form of use, in whatever form, is prohibited without prior written consent of FourRoses. Such permission must be obtained in writing, unless FourRoses itself has provided the possibility of sharing certain elements via social networks. In this case, the permission is limited to those specific Elements and to those specific social networks for which FourRoses has provided the possibility to share. Any infringement will be prosecuted.
ARTICLE 13 - LIABILITY
To the extent permitted by law, FourRoses can under no circumstances be held liable for any loss (loss of use, loss of profit, missed opportunities) resulting directly or indirectly from the use of the Site or the impossibility to use the Site. FourRoses cannot be held responsible for any damage to the Customer's systems incurred while visiting the Site, including hacking or computer viruses.
FourRoses cannot be held responsible for non-delivery of orders due to Products being out of stock or for reasons beyond its control, including circumstances of force majeure including disruption or interruption of transport, postal or communication services, in case of flood or fire, accidents or damage inherent in the use of the network.
ARTICLE 14 - APPLICABLE LAW AND JURISDICTION
All disputes arising between the Parties concerning the purchase of Products under these Terms of Use shall be submitted exclusively to the courts of Ghent, Belgium.
These Terms of Use and any claims and disputes arising therefrom shall be governed exclusively by Belgian law.
ARTICLE 15 - CONTACT AND COMPLAINTS
With questions or complaints regarding their purchase, Customers may contact FourRoses by emailing info@fourroses.be. FourRoses processes inquiries or complaints on weekdays from 9 a.m. to 5 p.m. and will do its best to answer all inquiries within 24 hours.
ARTICLE 16 - OTHER
FourRoses may modify these Terms of Use at any time, including to comply with its legal obligations. Changes communicated through the Website will apply to all offers and purchases made after the publication of the change.
FourRoses reserves the right to modify the design and content of the website at any time.
If Customers wish to have their account deleted, they may send a request to do so to info@fourroses.be
