GENERAL TERMS of sale
1. Identification of the seller
The e-commerce website johanneriss.com (referred to below as the "Site") is an electronic commerce site accessible via the Internet network open to any user of this network. It is edited by the company incorporated under Belgian law sprl Charles Jean, whose registered office is located 35 Place du Nouveau Marché aux Grains in 1000 Brussels (Belgium)
Trade Registry n° 0456.224.751
VAT n° BE 0456 224 751
Tel: + 32 (0)2 513 09 00
Fax: + 32 (0)2 514 32 84
Email: e-shop@johanneriss.com
referred to below as "Johanne Riss".
Johanne Riss sells its products at a distance by means of the Site, and at approved sales outlets. Any other form or place of sales is prohibited. Any doubtful offer can be communicated to the following address: e-shop@johanneriss.com, from Tuesday to Friday from 10:30 a.m. to 6:30 p.m. GMT.
2. Object
The object of these General Terms of Sale is to define the rights and obligations of the Parties resulting from the sale of the Products offered on the Site, from order to delivery.
3. Scope
These General Terms organize the sale of Products displayed on the Site on the day on which order is placed by the Client.
Access to the Site is limited to individuals making purchases for strictly private use. Any other type of order can be requested by contacting Johanne Riss by telephone on + 32 (0)2 513 09 00, from Tuesday to Friday from 10:30 a.m. to 6:30 p.m. GMT.
These General Terms apply to all means of placing an order offered by Johanne Riss via the Internet network.
Deliveries can be made to countries included in the list on the Site under the "Deliveries" heading.
4. Orders
a.Characteristics of the Products
The Client can get a description of the Products offered for sale on the Site. He can surf freely on the various pages of the Site, without being bound by an order.
The essential characteristics of each Product are described in the corresponding pages of the electronic catalogue on the Site. The photographs presenting the products proposed on the Site are not contractual, and do not entail liability of Johanne Riss.
Johanne Riss makes tables of measurements available on the Site to give Clients the correspondence between measurements and sizes of the clothing displayed on the Site.
Johanne Riss reserves the right to modify the Products.
Information and photographs are given as an indication only; they are not contractual and do not under any circumstances replace examination of the Products in the Johanne Riss boutiques.
Unless otherwise indicated on the Site, all the Products sold by Johanne Riss are new, and comply with regulations and legislation in force.
b.Date of the order
The date of the order is deemed to be the date of validation of the order by the Client.
The delivery schedules indicated on the Site start on the date of the order. Availability of the Products indicated on the Site is only guaranteed if effective payment is collected within 24 hours of validation of the order.
c.Price
For each product, prices are indicated in euros excluding carriage costs. They include VAT applicable on the date of the order, unless there has been a change in rate in the meantime. In that case, it is passed on to the Client.
The prices given on the Site can be modified at any time, including for promotions or sales.
All prices are stated without responsibility for errors.
The price applicable is the price indicated on the Site on the date on which the order is recorded by the Client, insofar as effective payment of the order is made within 24 hours of its validation.
d.Carriage costs
Carriage costs are invoiced to the Client in accordance with the weight and the volume of the package, the place of delivery and the carrier.
They are indicated to the Client before the final registration of the order.
Carriage costs can be consulted on the Site under the "Delivery" heading.
e.Customs duty
Any customs duty will be borne by the Client for all deliveries outside the European Union.
f.Placing an order
The Client places his order on the Site.
In all cases, Client identification which allows processing of the order must contain at least the following information, and the Client guarantees it is accurate:
- -the Client must indicate his last name, first name, postal address, e-mail address and telephone number;
- -the Client must clearly identify the Products selected by means of the references indicated on the Site, and verify those references before validating his order;
- -The Client must also indicate the quantities requested;
- -The Client must also clearly indicate and verify the information needed for delivery. This particularly includes the precise delivery address and any restrictions to access at the place of delivery (refer to the paragraph on deliveries);
- -The Client must indicate and verify the type of delivery and packaging chosen;
- -Finally, the Client must also indicate and verify the means of payment chosen.
g.Availability of Products
All orders for products are filled within one to five weeks.
Johanne Riss will notify the client by e-mail if there is a delay beyond the stipulated five weeks. In this case, the Client can choose to cancel his order without penalty.
h.Confirmation of the order
An e-mail is automatically sent to the Client to confirm recording of the order, subject to the absence of error in the e-mail address on the registration form. This e-mail is sent for information and future reference. It must be kept by the Client.
For its part, Johanne Riss keeps an electronic copy of the documents concerning the Client's order.
5. Cancellation of an order - Right to retract
Except for orders of personalized Products or products out of stock manufactured specially on personal request by the Client, Johanne Riss offers its Clients the possibility to cancel their order at any time before shipment by Johanne Riss or receipt by the Client. Conversely, once an order has been validated, it cannot be modified.
There are two possible cases:
- -The order has not been shipped: in this case, cancellation is taken into account immediately by Johanne Riss ;
- -The order has already been shipped, fully or partially. Johanne Riss takes account of the cancellation for Products that have not been shipped, and the Client can refuse the package that has already been shipped when it is presented, (and) within 14 working days as from the day after delivery;
In both cases, the Client is advised to contact Johanne Riss' customer service to inform it of this cancellation at the following address: e-shop@johanneriss.com, from Tuesday to Friday from 10:30 a.m. to 6:30 p.m. GMT, before re-shipping the Product.
The client then has the possibility of cancelling the order and returning it within 14 working days as from the day following delivery of the Product.
The cost of returning reimbursed or exchanged Products is borne by the Client.
In all cases, the exchange or reimbursement must be requested from Johanne Riss' customer service in exchange for the return of the Product or Products.
Returns will only be accepted and give rise to reimbursement or exchange if the commercial department at Johanne Riss confirms that the Product corresponds to the one that was sent, without damage, modification or intervention of any kind.
Only Products returned in their original packaging, not washed and not worn, can be the subject to exchange or reimbursement. Products that are damaged, soiled or show traces of wear will be returned to the sender.
The right to retract applies individually to each Product included in any one order.
Johanne Riss reserves the right to claim compensation for any damage caused to a returned Product.
This right to retract applies for any Client benefiting from identical protection in his country of residence.
6. Payment
a.Means of payment
Payment is due immediately at the time of the order either by bank transfer or by card accepted by the Site on the online payment page ……………………...
Only payments in euros (€) are accepted.
The Client guarantees Johanne Riss that he has the necessary authorizations to use the means of payment he chooses.
Johanne Riss make the necessary efforts to ensure the security and confidentiality of data transmitted online. The Site has opted exclusively for payments by credit card via a specialized body that encrypts all information associated with the use of the card at the time of the online payment via the Site. Consequently, the transaction is done by means of a specialized organization which is the only one to hold banking information provided on the Site at the time of payment.
The order will be processed after receiving authorization from the specialized organization referred to above.
The Site cannot be held liable for the consequences of any use (fraudulent or otherwise) of the credit card by a third party, particularly in the case of interception of messages.
b.Invoice
The order form that the Client establishes online does not serve as an invoice. Whatever the means of the order and payment adopted, the Client receives the original invoice in the package at the time of delivery of the Product, (or at the address indicated for invoicing if it is different).
Johanne Riss keeps a copy of each invoice.
c.Date of payment
The Client is debited at the time he validates his order.
d.Transfer of ownership
Transfer of ownership of the Product to the benefit of the Client only takes place after full payment of the price by the Client, whatever the date of delivery of the Product. Conversely, the transfer of risk for loss and deterioration of the Product takes place on delivery and receipt of the Product by the Client. The date given on the carriage slip attests to the authentic delivery date.
7. Delivery
a.Shipment schedules
Orders placed online via the Site are collected from Tuesday to Friday, from 10:30 a.m. to 6:30 p.m. GMT. During the day, Johanne Riss processes all orders recorded the previous day up to the time when the orders are collected.
The Site will make every reasonable effort to deliver the Products as soon as possible. Unless the Parties agree otherwise, the delivery takes place at the latest within 30 days as from the day following the date on which the Client transmitted his order.
As concerns preparation of a personalized order, in principle this can take up to five weeks. This amount of time is understood to extend until the order is remitted to the carrier, and consequently does not include the time for the carriage itself.
If the delivery schedule cannot be met, a new date will be communicated to the Client, based on the data known to Johanne Riss. In this case, a proposal of cancellation will also be made to the Client, who must confirm his order.
Moreover, if payment had already been registered for certain types of payment, a proposal of reimbursement will also be sent to the Client with the cancellation proposal.
Johanne Riss informs its Clients that the schedules do not include Saturdays, Sundays, Mondays and public holidays.
In the event that some of the Products are not available, Johanne Riss may split the shipments. In this case, available Products may be shipped initially, and the balance of the order shipped when the other Products become available.
An e-mail is automatically sent to the Client at the time of the shipment of Products, insofar as the e-mail address indicated in the registration form does not contain any error.
The periods indicated above are given as an indication only and are subject to events beyond the control of Johanne Riss.
b.Shipment schedules
The shipment schedule depends on the carrier.
Johanne Riss informs its Clients, as an indication only, of the shipment schedules announced to it by the carrier.
The time required for shipment can be consulted on the Site under the "Delivery" heading.
c.Packaging
The Products are packaged in a manner that complies with carriage standards in force and ensures optimal protection of the Products during delivery. The Client is asked to meet the same standards in the event of the return of a product.
d.Monitoring an order
The Client can consult the status of the shipment or delivery of his packages at any time if this possibility is offered by the carrier.
The Client can contact Johanne Riss customer service at any time during opening hours to be informed of the status of an order.
e.Delivery services
Johanne Riss has chosen DHL as its carrier.
8. Guarantees
Each Product is carefully inspected before shipment. The Client should make a similar inspection at the time of receipt.
The products are delivered at the delivery address indicated by the Client during the order process. The carrier will only deliver the package on seeing an official identity document and on signature by the Client of a carriage slip certifying that the delivery is in order.
The Client must imperatively verify the package and the Product on delivery. If at the time of delivery, the Client observes visible damage, he should indicate this immediately on the carriage slip, before signing for receipt. In any case, in the event of visible or hidden damage, the Client should send Johanne Riss his complaint by e-mail (e-shop@johanneriss.com) and by registered letter [sprl Charles Jean, 35 Place du Nouveau Marché aux Grains, 1000 Brussels (Belgium)], within 15 days (including holidays) as from the date of delivery (as postmarked). After that time, no complaints will be admissible.
If, exceptionally, the Client does not receive delivery within one month following the order, he is asked to immediately inform Johanne Riss by e-mail (e-shop@johanneriss.com ).
Johanne Riss endeavours to describe and present the Products with great accuracy. However, it is impossible to faithfully reproduce the real colour of the Products on the screen, and the appearance of the colour depends on the computer equipment used by the Client. Consequently, Johanne Riss cannot be held liable for any difference in colour. The documents associated with the products are consequently given as an indication only and are not contractually binding. Johanne Riss does not accept any complaints nor give any guarantee on the grounds of dissatisfaction concerning colour and descriptions given.
Johanne Riss can under no circumstances be held liable for any delay in the execution of an order or for any non-execution of an order if the delay or non-execution is due to a technical reason or any other reason beyond its control. In this case, Johanne Riss is entitled to delay the shipment within reasonable and necessary limits or simply to cancel any order.
No complaint can be sent and no guarantee is given beyond 30 days as stipulated in Article 7.a.
The guarantees mentioned above are exhaustive and replace any other guarantees, whether explicit or implicit.
9. Nominative and personal data
Johanne Riss complies with the Belgian law of 8 December 1992 on processing private data, for all data processing and collection done in Belgium via the Site and included in the Site files.
Under this law, each user of the Site is entitled to consult, delete, modify or correct these data. The consultation, deletion, modification or correction by the user can be done by sending an e-mail (e-shop@johanneriss.com ) or by writing to Johanne Riss at the address given above.
The exclusive purpose of the information collected at the time of the order is to serve the Client better. The order and the acknowledgment of receipt addressed to the Client are recorded for a period of 10 years as from delivery of the products included in the order, but are not made available to third parties. Johanne Riss undertakes to maintain strict confidentiality of the information that it may have at its disposal for the execution of an order and will not disclose it to anyone at the time of that execution or afterwards.
10. Intellectual property
The Site and all of its components are protected by intellectual property rights in force. These rights are the exclusive property of Johanne Riss. The use of this Site is reserved for strictly personal usage. Any reproduction or public communication of trademarks, texts, photographs or other material displayed on the Site is strictly prohibited without prior, express, written authorization from Johanne Riss.
Any reproduction or public communication of trademarks, texts, photographs or other material displayed on the Site, and of all or part of the models are strictly prohibited without prior, express, written authorization from Johanne Riss.
Any hypertext link referring directly to this Site must be the object of prior, express authorization from the Site
11. Proof
Computer records stored in the Site's computer systems under reasonable security conditions are deemed to be proof of communication, orders and payments made between the Parties.
Archiving of order forms and invoices is done on a reliable, durable medium that can be produced as evidence.
12. Acceptance of the General Terms
These General Terms apply to all offers, sales, purchases and other operations of any kind between the Parties.
Consequently, by the very fact of calling on and/or using the services of the Site, placing an order and/or concluding a contract of any kind, the Client irrevocably recognizes that he has received a copy of these general terms and that they apply to him and he accepts their application, to the exclusion of any other terms. The Client's general or special terms are never applicable without prior, express, written agreement of Johanne Riss.
These General Terms of Sale can be consulted from each page of the Site. If the Client so wishes, he can download them, print them and file a copy.
These general terms may change in the future. The Client tacitly accepts each modification by continuing to use and visit the Site. It is up to the Client to regularly consult the new general terms of sale.
Johanne Riss invites the Client to take note of these general terms and to accept them by clicking on "I ACCEPT" at the bottom of the general terms, in order to continue with his purchase. If the client does not do so, he will be unable to proceed with payment of his purchases.
The fact that the Client is not informed of the general terms of the Site in his mother tongue does not exempt him from their application. The general terms are offered in two languages [French/English].
The Client who wishes to make purchases on the Site declares that he has full legal capacity to do so.
13. Applicable law and jurisdiction
These General Terms of Sale are governed by Belgian law. The Parties accept to submit any dispute concerning these general terms to the exclusive jurisdiction of the Courts of Brussels.
By clicking on the "I accept" button below, you declare that you are familiar with all the provisions of the general terms and that you accept them.
"I ACCEPT"