TERMS AND CONDITIONS
Article 1 – Identity of the company
Article 2 – Definitions
Article 3 – Applicability
Article 4 – The price
Article 5 – The offer – the order
Article 6 – The (late or non-)payment
Article 7 – The right of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – Conformity and warrantee
Article 10 – Delivery
Article 11 – Retention of title
Article 12 – Force majeure
Article 13 – Intellectual property
Article 14 – Customer service – complaints
Article 15 – Non-waiver – validity
Article 16 – Applicable law – Competence
Article 1 Identity of the company
AF Fashion SPRL, a company under Belgian law, with trade name Alexa Fairchild; Hereinafter “Alexa Fairchild”
With registered offices at Avenue du Maréchal 17B, 1180 Uccle, Belgium
+32-2-375-3219 Mon-Fri 10 am – 5 pm
Company number (BCE): 0682.770.429, RPM Bruxelles
VAT number: BE 0682.770.429
Article 2 Definitions
- Customer: anyone purchasing goods from the web shop of Alexa Fairchild, who may be a Consumer, trader or someone representing a legal entity
- Consumer: any natural person who is acting for purposes which are outside his or her trade, business, craft or profession.
- Day: calendar day (excluding Sundays and Belgian public holidays). If a term, expressed in working days, ends on a Saturday, it will be extended to the next working day;
- Durable medium: means any instrument which enables the Customer to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: The possibility for the Consumer to refrain from the Distance Contract within the conceivable period;
- Withdrawal period: The term during which the Consumer may invoke his or her Right of withdrawal;
- Company: The natural or legal person who offers goods and / or services to consumers or other customers at a distance and pursues a sustainable economic goal;
- Distance contract: means any contract concluded between the trader and the consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- Distance communication: any tool that can be used for the conclusion of the agreement between the parties without the simultaneous physical presence of Company and Consumer.
Article 3 Applicability
- Our terms and conditions apply to every sales offer by Alexa Fairchild made to you as a Customer and are incorporated in any subsequent transaction or sales contract. Some terms and conditions may solely be applicable to Consumers, which is clearly indicated in those terms and conditions. These terms and conditions always prevail on any terms and conditions of a Customer.
- Before entering into a Distance Contract with us, we provide these terms and conditions to you and ask you to accept them. If we cannot show you our terms and conditions for some reason, you can get a copy of / or access to these terms and conditions by sending us an email.
- If you order online, we also provide you with a copy of these terms and conditions in a format that you can save or print. We recommend you to do so.
- If, in addition to these general terms and conditions, additional specific conditions are applicable and similarly incorporated into any sales contract, the above applies also to those specific conditions.
Article 4 The offer – The order
- If an offer has only a limited period of validity or is subject to certain conditions, we explicitly mention this in our offer. The offer is valid for its stipulated duration and may be adjusted or revoked at any time by Alexa Fairchild. Alexa Fairchild cannot be held liable for the unavailability of a product.
- We always describe as accurately as possible what we sell to you. In any case, the description is sufficiently detailed in order to allow you to assess the goods. When we use images, they provide a true and fair view of the offered goods. Errors can however be made and if we have clearly made an error, we are not required to deliver you the goods offered. Thus, apparent errors in an offer are not binding for Alexa Fairchild. The accuracy and completeness of the information offered by Alexa Fairchild, can only be based on a best efforts obligation. Alexa Fairchild is in no way liable in case of manifest material errors, typo’s or printing errors.
- The ordering procedure is as follows:
- The Distance Contract can be executed in the following languages: English & French
- The following technical measures were taken in order to avoid typo’s by the consumer: Validation that all required fields are filled out. Validation of email format.
- Sending an electronic confirmation is legally required, with a summary of the order;
- The Distance Agreement will be archived by Alexa Fairchild for a period of 2 years after execution of the Distance Agreement.
- To purchase goods in our web shop, you must be over 18 years old. By accepting these terms and conditions, you explicitly state that you are over 18 years old and that you are legally capable of entering into a purchase agreement. We reserve the right to terminate access unilaterally and without prior notice if it becomes apparent that you are a minor.
- Your order is complete and the agreement between us is final as soon as we confirm your order by e-mail. Until such time as you have received confirmation from us, you can still cancel your order.
- In certain cases, we can decide to assess if you will be able to meet your payment obligations and whether there are other reasons why we would rather not deliver to you. If, on the basis of this investigation, we have good reasons not to enter into the agreement, we may refuse your order or add additional terms. In that case, we always explain why we do so. Alexa Fairchild is in any case entitled to refuse an order following a serious breach of these terms and conditions by the Customer.
- If the Customer has specific questions about e.g. sizes, colour, availability, delivery time or delivery method, the Customer will contact our customer service in advance.
Article 5 The price
- All listed prices are expressed in EURO, US DOLLARS, BRITISH POUNDS, including VAT and all other taxes or taxes payable by the Customer.
- During the period of validity of the offer, the prices of the goods offered will not be increased, unless the increase is caused by changes in applicable VAT.
- In the event that delivery, reservation or administrative costs are charged, this will be reported separately. Where applicable, the amount of these costs will be communicated to the Customer before he or she places its order
- Currently alexafairchild.com offers free shipping.
- The prices mentioned only correspond with the articles as described in the written description. The accompanying pictures are decorative and can contain elements that are not included in the price.
- Unforeseen additional costs related to the shipping or duties may be due. In this case, Alexa Fairchild will inform the customer before confirming the order.
Article 6 The (late or non-)payment
- Unless otherwise agreed upon, the amounts due by the Customer shall be paid immediately and in full at the time of conclusion of the Distance Contract.
- The Customer is obliged to notify Alexa Fairchild without delay of any incorrect payment information.
- In the event of non-payment of the Customer, Alexa Fairchild, subject to legal restrictions, has the right to charge the reasonable costs previously notified to the Customer.
- The Customer has the choice between the following payment methods
- By credit card; Visa, Mastercard and American Express
- Without prejudice to the exercise of other rights of Alexa Fairchild, in the event of non- or late payment, the Customer must pay a 12% interest per annum on the unpaid amount, from the date of non-payment, by law and without prior notice. In addition, the Customer is obliged to pay liquidated damages of 10% on the amount, with a minimum of EUR 25 per invoice, by operation of law and without prior notice.
- Without prejudice to the foregoing, Alexa Fairchild reserves the right to cancel orders relating to non-fully paid up items.
Article 7 The right of withdrawal
- If you buy items from us (except for the exceptions listed below) and you can be qualified as a Consumer, you have 14 Days starting from the delivery (if the delivery was carried out in different parts, this delay starts when the Consumer has received all items of the goods purchased) to decide that you do not want to keep the goods. You can then return your order without payment of any penalty and without the need to provide an explanation (you are required to pay the costs for returning the goods yourself). Within 30 days after we’ve received your order, we will refund you the full purchase price, together with the original delivery fee charged to you.
- During the withdrawal period, the Consumer will carefully handle the goods and the packaging. The Consumer will only extract or use the goods to the extent necessary to determine the nature and characteristics of the goods. The point of reference here is that the Consumer may only handle and inspect the goods as he or she might do in a store. Returned goods may not be used and must be in perfect condition. When returning the goods, this must be done together with all the accessories supplied and, if reasonably possible, in the original condition and packaging and taking into account our instructions. If any of the hangtags or other tags on the goods are removed, you can no longer invoke your right of withdrawal. You agree that removing such a tag cannot be assimilated with an inspection of the goods, as set out in this article.
- The Consumer is liable for any impairment of the goods resulting from the handling of the goods in a manner that goes beyond what is prescribed in the Article 7.2 above.
- If you return goods, you are responsible to arrange for appropriate shipping. If goods are lost or damaged due to the transport, we are under no obligation to reimburse you.
- The Consumer must inform Alexa Fairchild through an unambiguous statement (e.g. by letter, fax or e-mail) of the decision to invoke his or her right of withdrawal. The Customer may use the attached model form but is not required to do so.
- In order to comply with the withdrawal period, the Consumer must send the notice regarding the exercise of the Right of Withdrawal before the expiration of this period.
- The Consumers must return, or hand over the goods to Alexa Fairchild c/o AF Fashion sprl, Via Torino 11, Grottammare 63066 (AP), Italy at any time, but not later than 14 calendar days after the date on which the decision to terminate the sales contract was sent to Alexa Fairchild.
- Only items in the original packaging, with all tags present, together with all accessories, manuals and invoice or purchase receipt can be returned for refund.
Article 8 Exclusion of the right of withdrawal
The Consumer has no Right of Withdrawal for Distance Contracts for:
- the supply of sealed goods which are not suitable for return due to hygiene reasons and were unsealed after delivery;
- the supply of goods made to the Consumer’s specifications or clearly personalised.
Article 9 Conformity and warrantee
- Alexa Fairchild warrants that the goods comply with their specifications, the reasonable requirements of validity and/or usability and the statutory requirements at the date of conclusion of the sales contract.
- Any visible damage and/or qualitative defect of an item or other defect in delivery must be reported immediately to Alexa Fairchild.
The risk of loss or damage is transferred to the Consumer from the moment when he or she (or a third party designated by him or her), has physically acquired the goods. However, the risk is already passed on to the Consumer when received by a carrier for transport, if the Consumer has provided instructions on transport of the goods and said choice was not offered by Alexa Fairchild.
- The Consumer has a 2 year legal warranty on goods purchased from Alexa Fairchild. This warranty only covers a lack of conformity that already existed when the goods were delivered. During the aforementioned period, Alexa Fairchild undertakes to replace or repair the defective item(s) or parts thereof, free of charge. Alexa Fairchild reserves the right to exchange goods if the costs are out of proportion or if repairing them is impossible. Failures that manifest themselves after a period of 6 (six) months after delivery are not deemed to be present at the time of delivery, except if the Consumer can prove the opposite. Wear and tear as a result of usage of the goods is not covered by this warranty.
- If a commercial warranty is applicable, it will be listed on our website. The details can be found on Alexa Fairchild’s website and on the proof of warranty which will be sent with the invoice or receipt if a commercial warranty is applicable. For more information on this, the Consumer may contact Alexa Fairchild. Any commercial warranty shall be given without prejudice to statutory rights.
- In order to claim a warranty, the Consumer must be able to submit proof of purchase/order confirmation or an invoice. The guarantee is not transferable. Any defect should be reported as soon as possible and no later than 2 weeks after the occurrence of the defect. After said two week period, the Consumer has no right to repair of the goods or replacement thereof.
- The commercial and/or legal warranty shall never apply to defects arising, inter alia, from wear and tear, accidents (for example, as a result of fall), worsening of the condition by negligence, use of goods contrary to the intended purpose for which it was designed, non-compliance with operating instructions or other instructions, modifications or changes to the good(s), incorrect assembly, poor maintenance, abnormal, commercial or incorrect use. Said warranty moreover does not apply to goods with a shorter life span or in case of intervention by a third party not designated by Alexa Fairchild.
Article 10 Delivery
- Items ordered on through this web-shop are only delivered in the EU and the rest of the world serviced by our shipper. As a place of delivery, the address that the Customer has provided to Alexa Fairchild is deemed valid. The Customer is solely responsible for disclosing correct information regarding the place of delivery.
- Delivery is made by courier and the duration and costs will vary according to location and size/weight of order.
- Subject to the terms set out in these terms and conditions, Alexa Fairchild , unless a longer delivery period has been agreed.
If Alexa Fairchild does not perform the Distance Agreement in time, the Consumer has the right to terminate it without judicial recourse and solely by sending a registered notification to Alexa Fairchild, provided that Alexa Fairchild has not yet sent the ordered goods. No reimbursement and no expenses may be claimed by the Customer as a result of this termination.
- In case of termination in accordance with the previous paragraph, Alexa Fairchild will refund the amount paid by the Consumer within 30 (thirty) days after termination.
- Alexa Fairchild will take the utmost care in receiving and carrying out orders of goods.
Article 11 Retention of title
- The goods delivered remain, until payment in full by the Customer, the exclusive property of Alexa Fairchild.
- The Customer undertakes to disclose this retention of title to third parties, e.g. to anyone who wants to seize the items not yet fully paid.
Article 12 Force majeure
- In the event of force majeure, Alexa Fairchild is not obliged to comply with its obligations towards the Customer. Alexa Fairchild is entitled to suspend its obligations for the duration of the force majeure (“act of God”).
- Force majeure is understood to mean any circumstance not caused by Alexa Fairchild and reasonably beyond its control, which prevents Alexa Fairchild – in full or in part – to comply with its obligations towards Customer. Such conditions include work strikes, fires, malfunctions, power failures, malfunctions in a (telecommunications) network or connection or used communications systems and/or the unavailability of Alexa Fairchild’s website, non-timely delivery of suppliers or other third parties involved and any act by the government.
Article 13 Intellectual property
- The Customer expressly acknowledges that all intellectual property rights relating to the displayed information, communications or other statements relating to the goods, services and/or Alexa Fairchild’s website are owned by Alexa Fairchild, its suppliers, or other proprietors.
- Intellectual property rights include patent, copyright, trademark, design rights and/or other (intellectual property) rights, including undisclosed technical and/or commercial know-how, methods and concepts.
- The Customer is prohibited from making changes to the content protected by intellectual property rights as described in this article or using it for any other purpose than purchasing items on this website, such as reproduction without the express prior written consent of Alexa Fairchild, its suppliers or other proprietors, unless it is done for the sole purpose of private use of the goods purchased.
Article 14 Customer service – Complaints
- Alexa Fairchild’s Customer service is available at +32 2 375 3219 and by email at firstname.lastname@example.org If you have any complaints, you should direct them to this Customer service.
- Complaints about the performance of the Distance Agreement must be submitted to Alexa Fairchild within a reasonable timeframe, fully and clearly described, after the Customer has identified or should have identified the defect. Alexa Fairchild’s complaints are answered within a reasonable timeframe after the date of receipt thereof. If a complaint requires a longer processing time, Alexa Fairchild will respond within a reasonable period of time with a notice of receipt and an indication when the consumer can expect a more comprehensive response.
- Alexa Fairchild’s customer service will always try to assist you in a correct manner and search for a solution. If however, a Consumer feels like his or her complaints aren’t treated correctly, the Consumer may also use the ODR platform (http://ec.europa.eu/consumers/odr/).
Article 15 Non-waiver – validity
- If a provision of these terms and conditions is declared invalid or illegal, this will in no way affect the validity, legality and applicability of the other provisions.
- No failure or delay by Alexa Fairchild in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Article 16 Applicable law – Competence
As regards the Distance Agreements concluded between Alexa Fairchild and the Customer governed by these terms and conditions, only Belgian law applies.
Unless prohibited by specific mandatory legislation, the Dutch-speaking courts of Brussels, Belgium have exclusive competence to take cognizance of any dispute that may arise from the interpretation or implementation of these general terms and conditions. You agree that you can only serve a writ of summons against Alexa Fairchild regarding any dispute relating to these terms and conditions or any transactions governed by them before the Dutch-speaking courts of Brussels, Belgium even if you are a Consumer.
Annex 1: Form right of withdrawal
Dear Consumer, this form should only be completed and returned if you wish to revoke the agreement.
To AF Fashion SPRL, with registered offices at Avenue du Maréchal 17B, 1180 Uccle, Belgium and e-mail address: email@example.com
I / We (*) hereby inform you that I / we (*) revoke our agreement on the sale of the following goods:
Ordered on (*):
Received on (*):
Name / Names consumer(s):
Signature of Consumer(s) [only when this form is submitted on paper]:
(*) Cross out what is not applicable.