General conditions online sales and website use
The consumer is entitled to inform the company of a decision to cancel a purchase, without payment of compensation and without giving a reason, within 14 calendar days from the day following delivery of the item or the concluding of the service agreement.
On one hand these general conditions govern the use of the sales site of N.V. DISTRI-SHOE/MEPHISTO or the said company trading under another commercial name, (hereinafter the “Seller” ) with its registered office at 1980 ZEMST, Brusselsesteenweg 129 and identified under company number 0426.255.612: www.mephisto-shop.be (hereinafter the “Site”), email firstname.lastname@example.org On the other hand, these conditions apply to the online sale of certain goods (hereinafter “ Products”) via the Site by the Seller in Belgium.
The Site was created by and is managed by the Seller. Users of the Site ( hereinafter the “Users” ) may view the information on the screen and print it out for their personal use.
Every User who wants to make a purchase shall confirm that he or she is an individual and not a dealer and is competent to transact. Anybody who by the terms laid down in Article 1123 and subsequent articles of the Civil Code is declared to be disqualified may not any circumstances make any purchases on this Site. Consulting the Site and the services that it offers fall under the competence of the legal representative. This legal representative must respect these conditions.
In regard to the acquisition of personal data, the legal representative must in any event himself fill in the registration form or give express authorisation to the disqualified individual to fill in the aforementioned form, this notwithstanding the provisions concerning personal data as set out in Article 11 that remain applicable in full.
The parties agree that the mutual legal relationship is governed exclusively by this contract, with the exclusion of all conditions previously set out on the Site. In the absence of a regulation, the practices of the “distance sales” sector apply for companies with a registered office in Belgium.
On one hand these general conditions govern the use of the Site by the Site “ User” . On the other hand, these conditions also apply to online sales by the Seller in Belgium. These conditions also have the object of determining the sale procedures in regard to ordering, service, payment and delivery and consequently determine the steps needed for placing an order and guarantee the order follow-up between the contracting parties.
Every User is able to click on the desire Product online. The online order can only be processed if the User has clearly identified himself. Every order implies acceptance of these general conditions of sale, of the prices and of the description of the Product offered for sale.
The Seller undertakes to process the orders placed on the Site as long as stocks remain. Within two days of the Seller receiving the order from the User, the Seller shall send an e-mail by way of confirmation to the e-mail address given by the User indicating the correct order number.
When placing the online order the User must also click on the desired method of payment (payment at reception point, payment with a bank/credit card or payment via money transfer) as well as the desired place of delivery/reception.
The delivery of the Products is by means of a courier service (Bpost) to the delivery address given by the User. This courier service shall make the order available at the delivery address (3 to 6 working days. During sale periode the delivery might take some more days.). If nobody is present the driver shall leave a note so that the parcel can be picked up at the nearest local post office.
The User acknowledges being aware of the fact that the Seller’s general delivery conditions apply to the dispatch of the Products and acknowledges acceptance of the said conditions.
The Seller accepts the responsibility of supplying the Products as quickly as possible, a guideline delivery period of 30 days being agreed. The parties nevertheless agree that due to exceptional circumstances the delivery period can be longer than the aforementioned guide period.
On delivery/reception of the Products purchased a valid proof of identity must be shown. Reception of the Products can only be effected by the person who placed the order. The Seller retains the right not to hand over the Products in the absence of valid proof of identity. The order shall remain at the User’s disposal for five days at the reception/delivery point after which the Products shall be returned to the Seller.
The charge for Product delivery is, subject to changes due to circumstances beyond the Seller’s control (e.g. increase in Bpost charges, increase in personnel costs):
- Deliveries in Belgium, the Netherlands, Luxembourg, France and Germany: free of charge from €50
- Deliveries in Britain, Italy, Spain, Sweden, Denmark, Austria, Finland : €10
IV. Gift vouchers
The User can purchase gift vouchers online in multiples of € 5. These gift vouchers can be used for the purchase of Products at the Mephisto sales points (Brussels, Antwerp, Hasselt, Knokke, Zemst, Korbeek-Lo, Aubel). The User has the choice between a digital gift voucher and a traditional printed gift voucher.
1. Digital gift voucher The digital gift voucher is sent to the User by e-mail following the online purchase. This can then be printed out or sent on by e-mail to the person of the User’s choice. Each gift voucher bears a unique code and can be used once only.
2. Traditional printed gift voucher . The traditional printed gift voucher is sent to the User by registered post following the online purchase.
Delivery of gift vouchers is free of charge.
In accordance with the Law of 6 April 2010 concerning marketing practices and consumer protection, the User is entitled to cancel his online order within 14 calendar days of the day following delivery of the Products.
The purchased Product must be returned undamaged and in the original packaging with sufficient postage paid to the Seller’s return address as stated hereunder. The User should include his bank account number so that the Seller can make the refund. Only the actual amount paid is refunded and this within 30 days after the Products are received at the return address.
N.V. Distri Shoe
3150 Tildonk (Belgium)
These conditions for the cancellation of the order and the return address as mentioned only apply to products purchased at the webshop.
The cost of the return of Products ordered online is payable by the User, unless the Product delivered did not match the description of the Product as stated on the order (e.g. due to damage). Damaged Products accompanied with a description of the damage must be returned to the return address within 14 calendar days and with sufficient postage paid for delivery by regular post. Damaged articles are refunded within 30 days of the Products being received at the return address.
A guarantee of two years from the time of the delivery of the Products applies to all Products. The parties accept that the nature of the Products is such that they may not give rise to legal suspicions that non-conformity can be suspected of having existed at the time of delivery (in the sense of Article 1649quater, §4 of the Civil Code.). Defects that result from accidents, negligence or improper use (by the User or by third persons) are not covered by the guarantee and do not therefore constitute non-conformity.
To invoke the guarantee the Products must be returned (dry, hygienic and clean) to one of the Mephisto sales points or returned by the User together with proof of purchase to the following return address:
N.V. Distri Shoe
3150 Tildonk (Belgium)
The User must indicate clearly where the article shows a defect. The Seller’s guarantee service will then contact the Products’ supplier who will decide whether or not the Products show a defect that is covered by the guarantee. If this is not the case, the Products will be returned unrepaired to the User.
Shoes must be returned as a pair and all accessories returned in person or by post. Given the nature of these Products, shoes must be well maintained in order to be covered by the guarantee and shoe soles in any event fall outside the guarantee, unless it is clear that the defect with the shoe soles is due to a production fault.
Unless agreed otherwise between the Parties, all amounts payable shall be paid at the reception-delivery point indicated by the User and this at the latest at the time of reception/delivery. When placing the order the User has the choice between the following means of payment:
With a bank card
Products can be paid for at the time of ordering with a bank card. You will be required to enter your Visa, Mastercard, Maestro or Bancontact card number, together with the security code and expiration date. The amount will then be immediatly charged to the card. After making the payment you will receive confirmation of the payment from Ogone.
With Paypal or Ideal
Products can be paid for at the time of ordering with Paypal or Ideal. Select one of these two methods and log in with your Paypal or Ideal account, after which the amount will be charged immediately. After making the payment you will receive confirmation of the payment from Ogone.
Via transfer of funds
Products can be paid for at the time of ordering via transfer of funds. In addition to the confirmation from Ogone you will also receive an email with the data for the payment via transfer of funds. If you do not make the payment you will receive a first reminder email after two days. If the payment has not been made after four days the order will be cancelled.
VIII. Acceptance & Recourse
Any problem or failure in relation to the reception/delivery of the Products (including damage to the products or non-conformity between the Products ordered and Products supplied) must be brought to the Seller’s attention in writing within 7 days with an accompanying confirmation of reception. The User undertakes in the case of problems or defects indicated to return the Products received to the Seller within 7 days of receiving the Products. The costs of returning the Products are borne by the Seller.
All right to recourse is invalidated if it appears that the Products were used improperly, the Seller’s instructions and manual were not respected or when it is established that the defects are not due to a fault on the part of the Seller.
All prices are inclusive of VAT at the rate applicable to the Products on the date that the User places the order. The Seller is nevertheless entitled to adapt the prices that appear on the Site if circumstances beyond his control cause the cost price of the Products to rise, such as an increase in supplier costs, wages, social charges, transport costs, etc.
X. Signature and Proof
Any User who does not yet have a customer number must follow the registration procedure as indicated on the Site as a result of which he/she will subsequently be allocated a customer number. The final confirmation of the order by the User is valid as acceptance of the order at the stated price. This confirmation by the User serves as a signature and explicit acceptance of all transactions via the Site.
This Site is designed to make general information about the Seller’s activities available to the User.
The Seller has only an obligation to perform to the best of his ability in regard to access to the Site, the order process, the delivery or other services.
The Seller shall make every effort to ensure that the Site is accessible at all times for a normal number of Users. However, the Seller is entitled at any time to suspend or shut down the Site in full or in part for maintenance, updating or for any other reason, even without advance warning.
The Seller may not be deemed liable for any hindrance or damage incurred due to the use of the Internet, more specifically due to a system failure, the penetration of outsiders or of a virus or for any information placed or processed on the Site by third parties or for any event that is legally regarded as an act of God. The Seller is not in any way liable for any indirect damage, such as loss of income, clientele, etc.
The Seller is not liable if the delivery periods are exceeded due to the transporter or in the event of loss of the articles or strike. The User is deemed to be aware of transport risks and must put any questions in this connection to the transporter.
Irrespective of the circumstances, even in case of serious misconduct or negligence, the Seller’s liability is limited to 50% of the value of the Products ordered.
XII. Protection of privacy
These data can be passed on to organisations that are contractually linked to the Seller (such as trading partners, associations, charitable institutions or interest groups) and who wish to send the Customer personalised offers or keep him updated on special offers.
In accordance with the law of 8 December 1992 on the protection of privacy relating to personal data, the User is entitled at any time to consult these data, to amend them and to have them removed if the User no longer wants to receive information about our activities. For this purpose the User can contact the Seller’s customer service in writing.
XIII. Intellectual property
All components of the Seller’s site, including the visual elements and the sound elements, and including the technology used for them, are protected by copyright, brands or patents or more generally by the law on intellectual property. These are the exclusive property of the Seller.
Notwithstanding the law of 30 June 1994 concerning copyright and similar rights, the reproduction, circulation, sale, distribution, publication, adaptation, translation, processing and use for commercial purposes of all or a part of this Site is prohibited in the absence of previous agreement in writing on the part of the Seller.
Users who have their own website on the Internet and who, even for purely personal use, want to create an automatic link between their own site and the Seller’s home page, must first request explicit permission from the Seller.
Any hypertext link that connects back to the Seller’s Site by means of the technique of framing or an in-line link is expressly forbidden. In any event all links must be removed at the Seller’s request.
The sales conditions may be modified at any time without prior notification.
The invalidity of any of the provisions of these conditions shall not have any effect on the validity of the other provisions of these conditions and shall not result in these provisions being rendered invalid.
The User declares that he has read these general online conditions and that he accepts all the provisions, conditions and prices contained therein.
The User undertakes to notify the Seller immediately by registered letter of any change of address.
These general conditions and any judicial consequences that may stem from them are subject to Belgian law only. All disputes to which these general conditions may give rise are the exclusive competence of the judicial district of Leuven, irrespective of the methods of payment or delivery. The parties accept, however, that Leuven is the place where the undertakings in regard to the supply by the Seller to the User originate, this in the sense of Art. 624, 2° of the Civil Code.
Tel: +32 16 61 71 60
Fax: +32 16 60 35 12