General Conditions of Use

General Conditions of Use

This website is operated by Van de Velde nv (hereinafter 'we'/'our'/'belonging to us'/'to us'/'the host'), with headquarters in Belgium, 9260 Schellebelle, Lageweg 4. We are registered in the Central Commercial Register under number 0448.746.744 and for VAT under 448.746.744.
You can contact us by e-mail at contact@primadonna.com or by telephone on (0211) 542 172 75.

The General Terms & Conditions of Business present here (including all documents, which are referred to in further course) (hereinafter the 'General Terms & Conditions of Business') govern the use of this website, for the contract between the Vendor and the user and for delivery of the products ('Products'). Before clicking 'Buy now', in order to transmit your order, we should like to ask you to carefully read the General Terms & Conditions of Business and our General Exclusion of Liability to make sure that you have understood these and agree with them. By using this website or by inputting an order, you declare that you agree with out General Terms & Conditions of Business, including our Data Protection Policy.
The T&C's may be changed, which is why you should read these attentively with every order.

This website is exclusively determined for people with a valid delivery address in Germany. We do not accept orders from people without a valid delivery address in Germany, and do not deliver any orders to addresses outside Germany. By inputting an order on this website, you are guaranteeing:
- that you are legally competent and for this reason can sign binding contracts, and are at least 18 years of age;
- that you are giving a valid address in Germany for delivering the products.

1. USE OF OUR WEBSITE

These General Terms & Conditions of Business and all documents referred to hereinafter, permit a legal agreement to come into being between yourself and us, which protects your rights as a customer and our rights as a business. On these grounds they form the full agreement concluded between us and replace all previous agreements.

If we should fail to insist during the term of the contract that you strictly follow your contractual obligations or to the extent that we should fail to exercise our contractual rights or claims, this does not present a waiver declaration to these rights or claims and it does not discharge you from following these obligations. A waiver declaration on our part only becomes effective, provided it is expressly classified as such and you are informed of this in writing. A waiver declaration on our part regarding the T&C's does not lead to a waiver for subsequent non-fulfilment of the T&C's.

2. FORMING A CONTRACT

Whenever you input an order via our website, by clicking on the button 'Buy now', you are making us a binding offer to purchase a product or several products.

Following this you receive an e-mail with the confirmation that we have received your order, including the order number (the 'Confirmation of Receipt'). This does not mean however that your order has been accepted, as our website does not contain a purchasing proposal, but a negotiating proposal. Orders are valid on the condition that they are accepted by us. We can accept your order by sending an e-mail with the notification that the products have been dispatched ('Confirmation of an Order through Dispatch'). Should we decline your offer, we will inform you regarding this by e-mail. To the extent that a sum has been deducted from your account, you will receive this sum returned in full. Should the sum have been reserved on your credit card, this will be released. Both return payments will be carried out as quickly as possible and will be concluded within 14 days of confirmation of receipt.

The contract concluded between yourself and the Vendor for purchasing a product (the 'Contract') does not come into being until the time at which we accept your order, by our sending you an order confirmation with a dispatch. The contract refers exclusively to products, whose processing has been confirmed ('Confirmation of an Order in Dispatch'). The contract is drawn up in German.

We may not be obligated to deliver other goods, which belonged to your or should the situation arise, to the extent that processing the said products has not been confirmed in a separate confirmation of a dispatched order.

3. PRICES AND DELIVERY COSTS

The prices of products on the website are valid with the exception of obvious mistakes, whenever you click on 'Buy now'. The price is inclusive of VAT, but does not include delivery costs. As we are explaining here, delivery costs are added into the overall cost. The dispatch costs are listed once again in the shopping cart system and in the confirmation of receipt.

In spite of our best efforts, it may transpire that the prices of certain products on our website, or our delivery costs are not stated correctly. Should this occur, we will inform you as quickly as possible about this error. It up to you whether you wish to cancel your order free of charge. Sums which have already been booked for this order or should the situation arise have already been taken from your account, will be paid back to you as quickly as possible, at any rate however within 14 days of your cancelling the order.

4. PAYMENT

a. The following are permitted as means of payment for all products:
- Credit card (Visa, MasterCard, American Express)
- Maestro
- Sofortüberweisung
- PayPal

The payment options offered to you may be limited according to the size of your order. This website presents its customers with a high-quality payment service provider, which provides both first-class security for online payments as well as also protection against attempted fraud.

b. We reserve the right with every order, to not offer certain methods of payment and to refer to other methods of payment. You declare that you agree to receive invoices and credit notes exclusively in electronic form. Provided we have entered into preliminary fulfilment, e.g. with purchase against an invoice, should the situation arise we shall obtain a creditworthiness report to safeguard our justified interests on the basis of a mathematical process from Creditpass, Mehlbeerenstrasse 2, in 82024 Taufkirchen, Munich, Germany. In order to do this we will transmit the personal details required for the creditworthiness check to Creditpass and will use the information received about the statistical probability of a non-payment for a considered decision on reasoning, the implementation or the ending of a contractual relationship.
The information on creditworthiness may contain probability values (score values) calculated on the basis of scientifically acknowledged statistical mathematical processes, and calculation of these may include inputting address details amongst other things. Your concerns worthy of protection are considered in accordance with statutory regulations.

c. With credit card payments, payment is made of the sum which must be paid at the time when you receive the confirmation of receipt. The actual charging of your credit card account takes place at the moment at which you notice the Order Confirmation appearing on our website.

d. Maestro / Soförtuberweisung

e. When paying by PayPal, payment of the sum due for payment is booked at the time at which you receive your confirmation of receipt.

f. We reserve the right not to send a delivery, or not to carry out an order, if the ordering party in each case has either completely or partially not paid for a previous order or if proceedings have been instigated against this party for non-payment.

5. AVAILABILITY AND DELIVERY

Information which appears on our website on the availability of products may be changed by us at any time without prior notification. We cannot give any guarantees of the uninterrupted and permanent availability of products. All orders are always dependent on the availability of products.

The delivery will only be will made by DHL inside Germany.

We deliver the products you have ordered to the delivery address you gave in the order.

As is stated in the information on the product page, we deliver the product after your order has been accepted.

If unforeseen circumstances occur, which are logically outside our influence (e.g. bad weather conditions, unforeseen delays on account of traffic jams, road works, diversions, engine trouble or in all cases which we are not able to influence) and delivery of the products cannot be made within the stated period or can possibly not take place for these reasons, or can only take place with a delay, we are not liable for deliveries which have not been carried out or which were delayed. In as far as a delivery cannot take place, we will agree an alternative delivery date with you.

Likewise we are not responsible for delayed deliveries, which occur because no-one could take receipt of the products. You are responsible for contacting the post-office responsible or the courier company in order to arrange delivery of products, which could not be delivered as a consequence of your absence.

6. RISK AND OWNERSHIP

The products ordered do not become your property until the products have been delivered to you and full payment of all sums owing for the products has been received by us. As soon as the products have been delivered to you or to a person you have named, you hold these at your own risk and responsibility.

7. RIGHT OF WITHDRAWAL

Standard returns policy

You have a right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive the goods. Where your order comprises multiple delivery shipments, the 14 days cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment to you. To exercise your right to cancel you must inform Van de Velde NV of your decision to cancel per telephone or by sending us a unilateral declaration by e-mail or post using the contact data set out above.

Returns instructions

Please take into account that the suggested returns procedure on our delivery and returns page, which is free of charge, is not obligated. If you wish, you can also use the Model withdraw form and send this together with the goods to the following address. In this case the return is at your expense: Van de Velde NV Returns Departement E-commerce PrimaDonna Meerbos 22 9260 Wichelen Belgium.

Cancellation consequences

Following cancellation we will refund you the price paid for the cancelled order (or part of the ordered cancelled) less any collection or return charges (if any). We will also refund any standard delivery charges paid. In case you already made a payment to us, we will refund you once your return has been processed and not later than 14 days upon receipt of your return, provided your return has been accepted.

Defective goods

Without limiting your cancellation rights as set out above, if you are not satisfied with a product for any reason e.g. it is damaged or defective, please return the product to us. These goods may be sent back free of charge by returning them to us following the outlined returns instructions as mentioned on the delivery and returns page. Once we have acknowledged or confirmed the product’s defect or other problem, we will provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale. We will notify you of your refund for defective goods via e-mail within a reasonable period of time and will, in any case, refund you within 14 days of the day you sent the item(s) back to us, provided your return has been accepted.

Refunds procedure

In both cases (cancellation or defective goods) we will refund you using the same method of payment you initially used when placing your order. Where the goods show signs of unreasonable use, we reserve the right to withhold damages. For these goods, unreasonable use means handling the goods beyond what is reasonable to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop (f.e. removing labels). We may withhold any refund until we have received the goods or you have supplied proof of return for the goods. If at the time of purchase you received a discount on the full order, this discount is divided amongst the different articles pro rata the purchase price. If you return this order (partially), also the discount (partially) shall be taken into account and actual amount paid shall be refunded

8. LIABILITY AND EXCLUSION FROM LIABILITY

8.1 With reference to a product purchased via our website

Our liability with regard to a product purchased on our website is limited strictly to the purchase price of said product.
Nothing in these General Terns & Conditions of Business excludes our liability or restricts it:
a) For fatalities or personal injuries caused by our neglect;
b) For fraud or wilful neglect of our employees and representatives; or
c) For any eventuality, for which the exclusion or the limitation of our liability or the attempt to exclude it or to limit it would be illegal or contrary to law.

All product descriptions, information and materials are provided on this website in their current status, without any guarantee whatsoever, of any type at all, neither expressly nor implicitly. In so far as this is permitted in law, however under the exclusion of that which may not be excluded concerning the consumer on legal grounds, we decline any type of guarantee.
This clause does not impair your legal rights as a consumer in any way or your right to cancel the contract as explained above.

8.2 General Denials of Liability

Irrespective of the fact that Van de Velde proceeds with great care in setting up and maintaining the website, Van de Velde may neither expressly nor implicitly give guarantees of any type at all with regard to the website and its contents. In particular, Van de Velde may not guarantee that the pieces of information on the website are correct, free of faults and complete, that they serve a defined purpose or that they are up to date. Van de Velde is entitled to change or delete pieces of information on the website at any time and without notification.

Except in cases prohibited in law, Van de Velde declines each express or implicit guarantee of transferability, ability to satisfy or suitability, compatibility, protection, correction and inviolability of intellectual property rights. Neither Van de Velde nor their licensees, licensors, service providers or supplier may guarantee that this website or a function of this website will function without interruption of fault, that faults will be rectified or that this website or the servers making access to this website possible do not contain any viruses or harmful elements. Over and above this, Van de Velde is not liable for damages which have occurred or for damages, which are clearly connected to the access to this website or its use, including damages caused to your hardware or software, including viruses which infect your hardware or software as a consequence of accessing or using this website. Use of appropriate virus protection is exclusively your responsibility.

You declare that you are expressly and in the widest legal sense of the word agree, that Van de Velde is neither liable for direct, indirect, nor occasionally even extraordinary consequential damages. In so far as a part of this website displeases you or you do not agree with the conditions above, your only option is to stop using the website.

9. STORE LOCATOR

The selection of company offices in 'Store Locator' ('Sales Outlets')

Visitors to the website can find sales outlets close to them which sell Van de Velde brands by using the 'Store Locator' application under 'Where can I buy?' (Marie Jo) or 'Sales Outlets' (PrimaDonna). The visitor can find these sales outlets by inputting his or her postcode or town of residence. A selection is made on the basis of density of the distribution network and the geographic location according to automatic criteria:
If the search in the city or town named produces more than 10 responses, all the sales outlets in the city or town are displayed. The radius of the search area is not extended.

If less than 10 sales outlets correspond precisely to the criteria input, the radius is concentrically extended throughout the surrounding region. To begin with the radius is 9 km (over 5 miles)around the search instruction and is extended in each case by 5 km (3 miles).

If the search produces 5 or more responses (including the 'exact' results) or if the radius is 50 km or more, the radius is not extended any further,
The radius of the region given shows the distances in a bird's eye view and identifies all the different postcodes located in this region. All outlets are displayed which are registered in Van de Velde's central customer database and have one of these postcodes (even if viewed strictly, geographically they lie outside the radius given).

Van de Velde makes every effort, only to accept such stores into the 'Store Locator', which sell a minimum offering of their products. Apart from this, they wish to inform final customers and end users to what extent their products are represented in each outlet. The criteria on which this evaluation is based are objective and clear. They are based on the breadth and the depth of the offering. The customers are informed of the exact content of the criteria by Van de Velde. Customers can inspect the figures on which their evaluation is based in detail at any time. Because of the confidential nature of these figures, neither precise numbers nor the numerical or detailed evaluations of a defined business outlet are released on the basis of these criteria.

10. HIGHER POWER (FORCE MAJEURE)

We are not liable for delays in delivering goods you have ordered caused by circumstances which are outside of our control, including however without restriction strike actions, lock-outs, system or network access failures, flooding, fires, explosions.

11. INTELLECTUAL PROPERTY RIGHTS

By using this website you declare your agree that the website encompasses texts, lay-out, photos, illustrations, drawings, graphical and other elements (the Content), which are subject to authoring rights, database laws, trademark protection, commercial confidentiality and/or other intellectual property laws. The entire contents are subject to the protection of the valid legislation for intellectual property rights, which apply for Van de Velde's authoring rights for the selection, coordination, assortment and improvement of these contents.

Business partners, suppliers, advertisers, sponsors, licensors, contractual partners of Van de Velde and other third parties may also dispose over intellectual property rights to contents which are published on this website. The database contents are likewise subject to protection of the exclusive intellectual property rights of the author of this database, which enables them to forbid the partial or complete removal and/or re-sale of the database.

Reproduction, adjustment, changes, translation, distribution, transmitting, publication, presentation, licensing, use in the production of associated products or any other types of use of the complete or partial content in whatsoever form and by whatsoever means at all, is likewise forbidden in the spirit of and the without prior written approval from Van de Velde.

Under the reservation of other regulations, Van de Velde grants you a non-exclusive, non-transferrable and restricted rights to access, use and reproduction of this website and its contents for your own personal, non-commercial use, and whilst following the aforementioned General Terms & Conditions of Business. You do not acquire any rights of ownership to the contents displayed on your computer. Misuse of contents, in particular use of printed contents on another website or in another network without prior written approval from Van de Velde is strictly prohibited.
Through using the website, you declare that you agree not to use any automatic or manual process to control or reproducing the websites or the contents of this website without prior written approval from Van de Velde. You commit not to use any software or processes which (attempt to) disrupt the functionality of the website. You likewise commit not to undertake any actions which cause an inordinate or extraordinarily high load on the website and its infrastructure.

12. BRANDS, TRADE NAMES AND LOGOS

All names, logos and other trademarks on this website, including the names 'Rigby & Peller', 'Marie Jo', ''Marie Jo L'Aventure', 'Sarda by Andres Sarda', 'PrimaDonna Twist' and 'PrimaDonna', are proprietary trademarks and/or trade names of Van de Velde, of partner companies or third parties. Any use of these trademarks, trade names and logos without prior written approval by Van de Velde or the owner of the intellectual property is forbidden.

13. LINKS

This website may contain hyperlinks to other websites, which may potentially appear interesting to us, which are however partially or wholly the property of a third party and are controlled or managed by these. These links serve exclusively for ensuring user-friendliness and for information purposes.

Van de Velde does not monitor or control the content of these external websites. To the extent that you click on these hyperlinks, you are acting at your own risk. Van de Velde is not liable for these external websites. That Van de Velde provides a link to a third party's website, does not mean that Van de Velde or partner companies assess the third party websites positively, that they recommend or finance them. Details of third party products or services serve merely for user-friendliness and for the informative value of the websites. It does not mean that Van de Velde positively assesses these products or services or recommends them. Van de Velde is also not liable for future references to linked websites.
Setting up links to this website is prohibited, under the reservation of prior written approval from nv Van de Velde.

14. COMPENSATION

You commit to pay compensation to Van de Velde, their administrators, employees, shareholders, agents and representatives, and to indemnify them at Van de Velde's request, against all third party claims and/or expenses (including but not however limited to appropriate lawyers' fees and expenses), which arise through incorrect and improper use of our website, from their violating the General Terms & Conditions of Business or any other violation of intellectual property rights or the rights of another person or entity by the user.

15. OTHER REGULATIONS

Should a regulation of these General Terms & Conditions of Business be or become wholly or partially invalid, ineffective or unenforceable, these General Terms & Conditions of Business are read as if the wholly or partially invalid, ineffective or unenforceable regulation had never been contained within the General Terms & Conditions of Business. Van de Velde is authorised to remove the regulation, without impairing the validity or enforceability of the other regulations. These General Terms & Conditions of Business represent the entire agreement between you and the Van der Velde regarding the content.

If you have any questions or concerns about the details, you may contact Van de Velde about these.

16. NOTIFICATIONS

All notifications which you wish to send us, must be directed to the contacts named above. We will reply to you by e-mail or by post to the postal address which you gave on your order. Except where there are other details (e.g. headquarters are closed), notifications in the form of an e-mail are considered to have been received and correctly and properly delivered within 24 hours, and in the form of a letter, within three days of the date of postmark on the letter. To prove that a notification and/or a complaint was made or sent, it shall suffice to prove that a letter was correctly and properly addressed, stamped and posted and that an e-mail was sent to the e-mail given by the recipient.

17. APPLICABLE LAW AND THE JURISDICTION RESPONSIBLE

The General Terms & Conditions of Business are subject to Belgian law. Each contract which comes about through this website is administered according to Belgian law. Every dispute which arises as a result of the contract or of using the website and the General Terms & Conditions of Business is under the exclusive responsibility of the courts in Dendermonde, Belgium.
The European Commission has set up an online platform for out of court settlements. You can access this at http://ec.europa.eu/odr/. We agree to take part in an out of court settlement. The authority responsible is the General Consumer Arbitration Centre of the registered association Zentrum für Schlichtung e.V (https://www.verbraucher-schlichter.de).