Terms and conditions

Hi and welcome at www.lechaperonunlimited.com, a content and e-commerce website of COMM.V. ATELIER-81.

By using our services, you agree to our terms and conditions. Please read them carefully. Please also review our Privacy Statement.

Company details


COMM.V. ATELIER-81, the company behind www.lechaperonunlimited.com, with its registered office at Onze-Lieve-Vrouwstraat 48, 3020 Herent, Belgium and company no. 0630.638.768 in the Company Register of Leuven, email: vicky@lechaperonunlimited.com, Tel.: 00 32 473 95 18 29.

General provisions

The e-commerce website www.lechaperonunlimited.com of COMM.V. ATELIER-81, with its registered office at Onze-Lieve- Vrouwstraat 48, 3020 Herent, Belgium and company no. 0630.638.768, offers its customers the opportunity to buy products from its online shop.

These General Terms and Conditions (“Terms”) apply to every order placed by a visitor of this e- commerce website (“Customer”). When placing an order on the COMM.V. ATELIER-81 web shop, the Customer must specifically accept these Terms, which means that the Customer agrees to the applicability of these Terms excluding all other terms and conditions. Additional Customer terms and conditions are excluded, unless COMM.V. ATELIER-81 specifically accepts them in writing in advance.

The Customer shall not use any COMM.V. ATELIER-81 products for any illegal or unauthorised purposes and the Customer shall respect the relevant legislation (including copyright legislation).

Price

All stated prices are in Euro (€) and include VAT and all other customer duties or taxes.
If delivery, reservation or administrative charges apply, these shall be mentioned separately during check-out procedure before Customer payment has been made.

The stated price refers only to the items specifically described. Accompanying images are for illustration purposes only and may contain elements not included in the price.

Offer

Although the online catalogue and e-commerce website have been created with the utmost care, it may still be possible that some of the provided information contains material errors or is incomplete or not up to date. Clear mistakes or errors in offers are not binding to COMM.V. ATELIER-81. COMM.V. ATELIER-81 is only bound by a best efforts obligation in terms of the provided information’s accuracy and completeness. COMM.V. ATELIER-81 shall not be liable in any way for any obvious material errors, misprints, printing errors or colour differences.

If the Customer has any specific questions regarding size, colour, availability, lead times, delivery methods or similar issues, he or she should contact COMM.V. ATELIER-81 in advance by sending an e-mail to vicky@lechaperonunlimited.com.

Offers remain valid while stocks last. COMM.V. ATELIER-81 can adjust or withdraw an offer – and the price – at all times without giving any prior notice to the Customer. COMM.V. ATELIER-81 cannot be held liable for a product’s unavailability. If an offer is valid for a limited period or subject to certain conditions, this shall be specifically mentioned in the offer.

Online purchases

As a Customer it is easy to make a purchase: select the desired product, click ‘add to basket’ and your desired product will be added to your basket. By using the arrow-up sign, you can increase the quantity you want to buy of the desired product. By using the arrow-down sign, you can decrease the quantity you want to buy of the desired product. Once you clicked “add to basket” a pop-up will appear stating “view cart” or “proceed to check-out”. When clicking “view cart”, you will see the overview of all products you added to your basket. When clicking “proceed to check out” you will be directed to the page where you need to fill in billing and shipping details and where you will find an overview of the total price of your order (including shipment charges and other charges if applicable). Then you need to select the desired payment method. When clicking “place order” you will be directed to the payment page to make the definitive payment using the payment method you selected. Payment instructions will be shown based on your selected payment method. A confirmation page will appear after a valid payment has been registered.

Another way to purchase the product you added to your basket is by clicking the “cart icon” in the menu bar on top of the page. After clicking the icon you access the page where you see the overview of products in your basket from where you can continue to “proceed to check-out”. There you just need to follow the instructions, as stated in the paragraph above.

All prices are VAT included.

The Customer can choose between the following payment methods: Credit card (Visa and Master Card), Debit card and HiPay wallet.

COMM.V. ATELIER-81 is entitled to refuse an order following a serious shortcoming on the part of the Customer in terms of the Customer’s orders.

Some content, products or services available at COMM.V. ATELIER-81 may contain ‘Third Party’ elements. COMM.V. ATELIER-81 is neither responsible nor liable for website content, materials, services, products, etc. offered by a Third Party. The Customer should contact the Third Party in case of any complaints and/or disputes regarding Third Party website content, materials, services, products, etc.

COMM.V. ATELIER-81 does not guarantee that the Customer’s use of the website is uninterrupted, secure or error-free. COMM.V. ATELIER-81 shall not be liable in any way in this regard.

The Customer undertakes to provide COMM.V. ATELIER-81 with correct and complete purchase information and account details when buying COMM.V. ATELIER-81’s products or items. The Customer also undertakes to inform COMM.V. ATELIER-81 of any changes in his or her account number or other required information, such as his or her email address and the used credit card’s expiry date and associated account number, so that COMM.V. ATELIER-81 can complete the transaction.

Delivery and implementation of the agreement

Items or products ordered on this web shop are delivered at home or at a collection point determined by the Customer or courier. 
You’ll be noticed by e-mail about approximative delivery time. Indicated timings depend on Third Party partners and can therefore not be guaranteed by COMM.V. ATELIER-81.

Unless specifically agreed or stated otherwise, the goods shall be delivered at the Customer’s home address within 30 days of the receipt of the order.

If an item is showing visible damage, insufficient quality or another shortcoming at delivery, the Customer shall report this by e-mail to COMM.V. ATELIER-81 (vicky@lechaperonunlimited.com) immediately after the delivery. The risk of loss or damage is transferred to the Customer once the Customer (or a third-party other than the carrier indicated by the Customer) has physically received the goods. However, if the Customer instructed the carrier to transport the goods and this option was not offered by COMM.V. ATELIER- 81, the risk is already transferred to the Customer when the goods are delivered to the carrier.

Retention of title

The delivered items remain the exclusive property of COMM.V. ATELIER-81 until the Customer has paid in full. The Customer undertakes to point out COMM.V. ATELIER-81’s retention of title to any third parties if necessary, for example if such a third party is planning to seize the partially unpaid items.

Right of withdrawal 

The provisions of this article only apply to Customers purchasing items online with COMM.V. ATELIER-81 in a consumer capacity. The Customer is entitled to withdraw from the agreement within 14 calendar days without providing any reasons. The withdrawal period shall expire 14 calendar days after the goods physically arrived at the Customer or a third party other than the carrier indicated by the Customer. To exercise the right of withdrawal, the Customer shall inform COMM.V. ATELIER-81 of his or her decision to withdraw from the agreement in an unequivocal statement (preferably by  email: vicky@lechaperonunlimited.com). In order to be valid, the Customer’s notice stating that he or she is exercising his or her right of withdrawal must be sent before the end of the withdrawal period.

The Customer shall return the goods in person or by post to COMM.V. ATELIER-81 immediately and never more than 14 calendar days after the date he or she informed COMM.V. ATELIER-81 of the decision to withdraw from the agreement. The customer is on time if he or she returns the goods before the term of 14 calendar days has expired. The direct cost of returning the goods is at the Customer’s expense.

If the returned product has in any way lost its value, COMM.V. ATELIER-81 reserves the right to hold the Customer liable and claim compensation for any of the goods’ loss in value resulting from the Customer’s use of the goods beyond what is required to establish the goods’ nature, characteristics and operation. Only items in their original packaging with all the accessories, product certificate, instructions and invoice or sales receipt can be returned. If the Customer withdraws from the agreement, COMM.V. ATELIER-81 shall refund all the Customer’s relevant payments so far received – including the standard delivery charges – within 14 calendar days of receiving all the goods back. Any extra costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery offered by COMM.V. ATELIER-81 shall not be refunded.

COMM.V. ATELIER-81 shall refund the Customer with the same payment method as the Customer’s original transaction, unless the Customer specifically agreed otherwise. In any case, the Customer shall not be charged for such a refund.

Warranty

Under the Belgian Consumer Rights Act of 21 September 2004, consumers have certain legal rights. The legal warranty is valid from the date of delivery to the first owner. Every commercial warranty is without prejudice to these rights.

The Customer shall present proof of purchase to invoke the warranty. Customers are advised to keep the goods’ original packaging. The Customer shall contact COMM.V. ATELIER-81 to return any items purchased online and delivered at the Customer’s home address at the Customer’s expense. If the Customer observes a defect, the Customer shall inform COMM.V. ATELIER-81 as soon as possible. In any case, the Customer shall report any defect within 2 months of observing it. After this 2- month period, any repair or replacement entitlement shall expire.

The statutory warranty shall never apply to defects resulting from accidents, neglect, falls, use of the item inconsistent with the purpose it was designed for, non-compliance with the user instructions or manual, adjustments or modifications to the item, rough use, poor maintenance or any other abnormal or incorrect use.

Defects manifesting themselves more than 6 months after the date of purchase or delivery shall not be considered as hidden defects, subject to proof provided by the Customer.

Your account

As a Customer you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. COMM.V. ATELIER-81 may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may only buy at www.lechaperonunlimited.com with involvement of a parent or guardian. COMM.V. ATELIER-81 reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, comments, communications and other content

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. COMM.V. ATELIER-81 reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant COMM.V. ATELIER-81 a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant COMM.V. ATELIER-81 and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify COMM.V. ATELIER-81 for all claims resulting from content you supply. COMM.V. ATELIER-81 has the right but not the obligation to monitor and edit or remove any activity or content. COMM.V. ATELIER-81 takes no responsibility and assumes no liability for any content posted by you or any third party.

Sanctions for non-payment

If the Customer fails to pay or makes a late payment, the Customer shall owe a 10% annual interest on the unpaid amount from the date he or she started violating the law, without any notice and without prejudice to any of COMM.V. ATELIER-81’s other rights. The Customer also legally owes a lump sum equal to 10% of the unpaid amount in damages with a minimum of 25 euros per invoice, without any notice.

Without prejudice to the above, COMM.V. ATELIER-81 reserves the right to take back any goods that have not been paid (in full).

Sanction for non-compliance with the Terms

The Customer’s violation of or non-compliance with the Terms may result in the immediate termination of COMM.V. ATELIER-81’s services.

Use of cookies and viruses

Cookies may be placed on the Customer’s computer hard drive during a visit of the website. A cookie is a text file a website server places in the browser of the Customer’s computer or mobile device when the Customer visits the website. Cookies cannot be used to identify persons, they can only identify a machine.

The Customer can set his or her internet browser not to accept cookies, to show a message when a cookie is being installed or to remove the cookies from the hard disk afterwards. The Customer can do this by adjusting the browser settings (using the help function), but this may result in certain graphic elements not being shown correctly and certain applications not working.

By using our website, the Customer agrees to the use of cookies.

The Customer shall not send any type of viruses or malicious data to COMM.V. ATELIER-81.

Severability and waiver

In the event that any provision of these Terms is deemed invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the remaining provisions.

If at any time COMM.V. ATELIER-81 fails to enforce one of the rights set out in these Terms or exercise any of its rights, this shall never be seen as a waiver of such a provision and shall never affect the validity of these rights.

Evidence

The Customer accepts that electronic communication and backups may be used as evidence.

Intellectual property rights

All copyright and other intellectual property rights for this website belong to COMM.V. ATELIER-81. Nothing on this website shall be published or reproduced without the specific written consent of COMM.V. ATELIER-81.

Applicable law and jurisdiction

Belgian law is applicable, except the provisions of private international law concerning applicable law and except the United Nations Convention on Contracts for the International Sale of Goods. Unless the Customer is a consumer, only the courts of the district of Leuven (Belgium) have jurisdiction in case of dispute.

Online European dispute resolution platform

All disputes are subject to the exclusive jurisdiction of the courts having jurisdiction for our registered office. Information about alternative dispute resolution can be found via this link: http: //ec.europa.eu/odc/ although we reserve the right to refer disputes exclusively to the courts of the district of Leuven (Belgium).

Force Majeure

COMM.V. ATELIER-81 is not liable for any non-performance caused by circumstances beyond our control, which directly or indirectly prevents, obstructs or renders production, delivery or freight uneconomical until such obstacle has been removed (force majeure). Such circumstances shall be deemed to include difficulties to procure raw materials as well as other difficulties and disturbances, including but not limited to war, riot, labour conflicts, fire, flood, storm, accident, fuel or power shortages, transportation shortages, obstacles or interruptions regarding transportation at sea and breakdowns or interruptions of any kind as regards to our equipment or facilities, which are deemed necessary for the performance of our agreements’ obligations.

Customer service

The COMM.V. ATELIER-81 customer service can be reached by phone on +32 473 95 18 29 (please take into account that we live in Belgium GMT+1), by email at vicky@lechaperonunlimited.com or by post at the following address: Onze-Lieve-Vrouwstraat 48, 3020 Herent, BELGIUM. Any complaints or suggestions can be directed there.

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