This site is operated by the Bluebird company. The present general conditions of sale apply to all the orders placed with Label K for the whole of the articles and services proposed by the www.labelk.com site by natural persons, not business persons. Consequently, the fact for any person ordering a product offered on sale on the Internet site of Label K implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before her/his order.
Label K reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of Label K are those accepted by the Customer at the time of placing the order.
ARTICLE 1: INTEGRALITY
The present General Conditions define the entirety of the obligations of the various parties. In this sense, the Customer is considered to accept without reserve the entirety of the provisions envisaged under these general sales conditions. Label K is, for its part, committed to respecting its role of retailer within the framework of the aforesaid conditions.
ARTICLE 2: OBJECT
The present General Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services proposed by Label K to the Customer, from the order to the delivery, including payment and the use of services made available by Label K.
ARTICLE 3: FIELD OF APPLICATION
The present General Conditions govern the sale of the products on the day of the placing of the order by the customer. They apply to all modes of placing of orders proposed by Label K, whether the order is placed by Internet or telephone.
ARTICLE 4: ORDER
CAPACITY TO ENTER INTO CONTRACT
Every Customer of Label K declares that she/he has the capacity to enter into a contract on the conditions described hereafter.
Label K reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
The present Conditions can be read directly on the www.labelk.com site.
The act of the Customer's ticking the box "I accept the general sales conditions", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph "right of retraction". The Customer accepts by this act to have read and understood the present Conditions and to accept them.
PLACING OF AN ORDER
The individual Customer can place her/his order at Label K by Internet 24 hours a day, 7 days a week.
Once the mode of payment is selected, the Customer must proceed with payment of her/his order on the secure server, which will formalize the sales contract with Label K in a firm and final manner.
Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In every case, the supply online of the bank card number and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes the signature and acceptance of all the operations carried out on the www.labelk.com site.
CONFIRMATION OF ORDER
An email is automatically sent to the customer to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which she/he provides to Label K. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
FOLLOWING OF THE ORDER
The Customer can at any moment contact the sales department of Label K to be informed of the stage of her/his order (firstname.lastname@example.org).
PROOF OF THE ORDER
The computerized registrations, preserved in the information processing systems of Label K under reasonable conditions of security, will be regarded as the evidence of the communications, the orders, and the payments that have taken place between the parties.
The filing of the purchase orders and the invoices is carried out on a reliable and durable support which can be produced as proof.
ARTICLE 5: INFORMATION ON THE PRODUCTS
CHARACTERISTICS OF THE PRODUCTS
The information, characteristics, photographs, and graphics presented on the sites or in the emails sent by are given only on a purely indicative basis and for the major part are given by the suppliers. In particular, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of Label K. Label K will make its best efforts to ensure that the photographic representation of the products on the www.labelk.com site is as faithful as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products. The products are sometimes presented in photographs with other products. The description will mention what does or does not form part of the product.
Label K will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the products. Label K cannot be held responsible for any losses of data, files, or of the damage defined in the preceding paragraph.
AVAILABILITY OF THE PRODUCTS
Label K is committed to delivering the orders received only within the limit of the stocks of the product available or within the limit of the stocks available from its suppliers. In the absence of availability of a product or products, Label K is committed to informing the Customer as quickly as possible. Label K reserves the right to modify the selection of products according in particular to the constraints imposed by its suppliers. Availability can vary during the same day according to the level of sales. Label K carries out very frequent updates of availabilities but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the Customer by email.
The unavailability of a product is mentioned on the product page concerned or in the shopping basket summary. Thus, Products may appear with the mention of delivery times, such as "in stock" or "immediate", "4 to 8 days", "1 to 2 week", "4 to 6 weeks", "Product not available" etc.
Delivery times indicated in the product page details are estimated times when the product(s) are not available in Label K stocks. They may thus be susceptible to variations for which the Customer will be informed by Label K in her/his order confirmation in the event of a minor delay or by email in the case of a more prolonged delay.
If Label K cannot obtain an ordered product from its suppliers, the company will notify the customer of the expected delay by email. The Customer in turn can either ask for the cancellation of the order with a refund of payment within 14 days, or the exchange of the product not available for another product. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability.
Label K cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding, and fires.
ARTICLE 6: PRICES
Prices are indicated in Euros and are inclusive of tax and are applicable only on the date of the confirmation of order sent by the Customer.
Since the prices charged by Label K's suppliers are in constant evolution, the prices posted on the site are also likely to be modified constantly.
The prices do not take account of delivery charges, gift wrapping, possible promotional offers, and personal reductions, which will be indicated before the final confirmation of the order.
The prices take into account the Belgian VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. However, the prices cannot be modified once the Customer has placed her/his order. In the same way, if one or more taxes or contributions, in particular, environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.labelk.com site.
ARTICLE 7: PAYMENT
MEANS OF PAYMENT
The Customer can pay for her/his order online by bank card or PayPal. The Customer guarantees Label K that she/he has the necessary authorization to use the mode of payment chosen by her/him during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time of the processing of the order.
Label K uses all means necessary to ensure the safety and confidentiality of data transmitted online.
Label K reserves the right to suspend the processing and delivery in the case of a payment authorization being refused by officially accredited organizations or in the case of non-payment. Label K notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
Within the framework of a procedure for checking orders intended to make sure that no one uses the banking co-ordinates of another person without her/his knowledge, the Customer may be requested to send proof of identity or proof of residence by fax or email to Label K. The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 15 days following the placing of the order, the order will be considered to be automatically cancelled.
TRANSFER OF PROPERTY
Label K remains owner of the Products delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.
ARTICLE 8: DELIVERY
The geographical area of delivery for items from the Label K boutique is the World.
Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which she/he provides to Label K. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.
Label K cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including, in particular, in the event of a partial or all-out strike, in particular, of the mail services, transport, and communications).
Orders placed online via the www.labelk.com site are dealt with each day from Monday to Friday, except public holidays. Label K does its utmost to treat and dispatch any order received before 10am the very same day, nevertheless, the preparation and processing time of an order may be lengthened according to articles, and may require 1 or 2 business days. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below.
Label K informs its Customers that these delivery times do not include Saturdays, Sundays, and public holidays.
In the case of an order which may comprise one or more Products not immediately available and one or more Products immediately available, Label K will dispatch the order as of reception of the whole of the products which comprise the order. If the Customer wishes to receive the products immediately available more quickly, she/he is advised to isolate these articles in a separate order.
An email is automatically sent to the Customer at the time of dispatch of the Products subject to the email address indicated in the inscription form not containing an error.
Transport times depend on the transporter chosen by the Customer and the place of delivery.
Label K informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Transport charges are given as an indication at the moment of going to the shopping basket and are confirmed definitively according to the means of transport and the destination of delivery chosen, before the final confirmation of the order.
Label K informs its Customers that these delivery times do not include Saturdays, Sundays, and public holidays.
Delivery times equals dispatching time, plus transport time, plus times of delivery by Label K's suppliers when the product is not in stock.
If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to Label K. In this case, an option for the cancellation of the order, with a refund or a credit, will be also made to the Customer.
The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.
RESPONSIBILITY OF THE CUSTOMER TO CHECK PARCELS UPON RECEPTION
Label K reminds customers that it is the responsibility of the Customer to inspect her/his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as Label K of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within two working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by Label K.
DELAYS IN DELIVERY RELATED TO THE TRANSPORTER
In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact Label K by email in order to create a file of contention or start an investigation to carry out a search for the parcel.
It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss in the 10 days following the reception of the dispatch notice sent by Label K. Under these conditions, Label K accepts the responsibility of contacting the transporter concerned. If the parcel is found, it will be sent immediately to the residence of the Customer. In the event that the parcel is not found, the Customer will be able to ask that the same product be sent again (subject to availability), at Label K's expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, Label K will refund the amount paid for the products concerned lost by the transporter.
The Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify Label K by email so that Label K can take the necessary measures as quickly as possible.
ARTICLE 9: RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE
9.1 Legal withdrawal period
In accordance with the Consumer Code, Customers have a withdrawal period of fourteen (14) calendar days from the date of receipt or withdrawal of the Items to exercise their legal right of withdrawal and notify Label K of their intention to return the said Item. If the Items may be the subject of the legal right of withdrawal, Customers exercising their right of withdrawal under the conditions provided for in this article in terms of deadlines and methods of return of the Items, may obtain a refund of the returned Items.
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless otherwise specified by the Client who would request a credit, valid for six (6) months from its issue. The refund will be made as soon as possible and, at the latest, within 14 days following the effective exercise of the right of withdrawal by the Customer. This period may, however, be extended by Label K until Label K receives the goods returned by the Customer to the address indicated on the return receipt, or until Label K receives proof of shipment of the Items by the Customer. If the 14-day period expires on a Saturday, Sunday, holiday, or non-working day, it is extended until the next business day.
In accordance with the Consumer Code, the right is exercised by the return of the Article, only shipping costs remain the responsibility of the Customer. In case of non-compliance of the delivered Items with the Order, Label K will take charge of the return costs.
The right of withdrawal is exercised under the same conditions, as of the Order and before Delivery.
9.2 Items excluded from the statutory withdrawal period
In accordance with the Consumer Code, for the Ordering of Items, which, because of their nature, cannot be reshipped or are likely to deteriorate or expire quickly, the Customer has no right of withdrawal to return the Order. This includes goods whose original packaging has been unsealed, including any Cosmetic Items that have been opened or damaged by the Customer after Delivery, as these cannot be returned for reasons of hygiene and health.
9.3 Agreed withdrawal period
In order to ensure the satisfaction of its Customers, Label K accepts the return by post to the address indicated by the Customer Service or the delivery note of the relevant Article, for a period longer than the legal withdrawal period referred to above. As such, the Customer has fourteen (14) days from the date of receipt of the order to retract and return the Items. The return of Items beyond this period will not be accepted.
9.4 Procedures for exercising the right of withdrawal
The Customer only needs to choose one of the following methods:
The return request can be made by contacting the customer service, via the e-mail, which will indicate to the Customer the procedures to follow. Label K suggests to Customers to return their products by registered mail or with a complementary insurance, guaranteeing them, if necessary, the compensation of the products to the level of their real market value in case of spoliation or loss of this commodity. In all cases, the return is made at the risk of the Customer. It will be up to the customer to keep any proof of return. The return costs are the responsibility of the customer, who is free to choose the shipping method.
If the Customer fails to meet the deadlines, Label K will not refund the Customer.
Only Items returned in their original packaging in perfect condition for resale (shoe boxes, laminated pouches...) will be accepted. As a result, returned clothes washed and/or worn, as well as damaged boxes will be refused. Retraction can never be exercised if the items delivered are items that have been, even partially, washed, soiled, damaged, or used. Similarly, the Items returned incomplete, damaged, or soiled by the Customer will not be returned nor exchanged.
The Items must also be provided with the purchase order, either on the return voucher, attached to the delivered Items signed by the Customer, or on any other document. The Customer is informed that the use of the return voucher facilitates the return procedure by Label K. The Customer is therefore strongly encouraged to use this return voucher.
The Customer’s liability may only be incurred in the event of depreciation of the Item resulting from manipulations other than those necessary to establish the nature, characteristics and, as the case may be, the proper functioning of the Items. Refund in case of use of the right of withdrawal will be made by the same means of payment as used by the Customer for the initial transaction, unless otherwise specified by the Customer.
ARTICLE 10: GUARANTEES, MEDIATION, CLAIMS
In accordance with the Consumer Code, Label K informs the Customer of the existence of the platform published online by the European Commission, which aims to collect claims from any purchase of European consumers online and then forward the cases to the competent national ombudsmen. Please use the following link: http://ec.europa.eu/consumers/odr/
ARTICLE 11: RESPONSIBILITY
The products on offer conform to Belgian legislation in force and applicable to norms in Belgium.
Label K cannot be held responsible in the event of non-observance of legislation in the country where the product is delivered. It is up to the Customer to check with the local authorities on the possibility of importing or using the products which she/he wishes to order. Label K cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular, a breakdown in the service, the presence of computer viruses or external intrusions, and more generally, all cases defined by the courts as outside our control or committed by third parties. Hypertext links may send out to other sites than that of the www.labelk.com site. Label K refuses any all responsibility if the contents of these sites contravene any laws or rules in force.
ARTICLE 12: FORCE MAJEURE
Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked, or prevented by circumstances beyond their control.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances will warn the other party within ten working days from the date on which the first party will have learned of it.
The two parties will communicate with each other within a month, except if this is impossible due to force majeure, to examine the situation and reach agreement on the conditions under which the execution of the contract will be continued. If the force majeure case is of duration greater than three months, the present general conditions can be canceled by the injured party.
Force majeure will be considered to include the following: all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, breakdown of telecommunications or network works not under the control of the Customer.
ARTICLE 13: PERSONAL DATA
Visitors or Customers of the www.labelk.com site have a constant right of access, modification, correction, and suppression of the data. At the time of customer inscription or ordering, or within the framework of other specific operations, Label K invites Visitors or Customers to receive its newsletters, its promotional offers, and/or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify her/his subscription through her/his personal account, or through the hypertext link appearing at the bottom of the offers received by email. Label K is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay. Label K may also invite its Visitors or Customers to receive promotional offers from its partners. For commercial purposes, Label K can also share with its trade partners the identity and the coordinates of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. The Users and Customers can modify their choices on the Label K site at any time. Label K uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to her/his personal data left on the site, in particular in reference to her/his orders in course.
ARTICLE 14: INTELLECTUAL PROPERTY
The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds…including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason, only private use is authorized, subject to different provisions which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by Label K. Any total or partial reproduction of the Label K catalog is strictly prohibited.
Any person having an Internet site wishing to place on her/his site a simple link directly to the www.labelk.com site must request authorization from Label K. An authorization given by Label K will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from Label K, this link will have to be removed.
ARTICLE 15: ENTIRETY OF CONDITIONS
A change of legislation, regulation, or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions. If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in Belgium.
Relations between Label K and the Customer are controlled exclusively by the present conditions at the exclusion of any other conditions appearing on the www.labelk.com site.
ARTICLE 16: DURATION AND APPLICATION
The present Conditions apply throughout the time of all online services offered by Label K. They can be modified at any time by Label K. The Conditions applicable are those in force on the date of the registration of the order.
ARTICLE 17: TERRITORIALITY AND APPLICATION LAW
The sale of products by the Label K company is subject to Belgian law. Any dispute relating to the existence, interpretation, execution, or breach of the contract concluded between Label K and the Customer, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of the tribunals of Brussels.
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