General Conditions

 

I.  Preamble

 

These General Conditions of Sale (hereinafter "General Conditions") are concluded between:

-    On the one hand, BMC Rose SPRL (hereinafter “BMC Rose”), whose head office is located at: Avenue de la Couronne 236B à 1050 Brussels (Belgium) and registered at Carrefour Banque des Entreprises under number BE0474.956.837.

-    On the other hand, any person using the website www.abbieandrose.com (hereinafter "the Website”) for the consultation and / or for making purchases (hereinafter "the Customer”).

-    Jointly, BMC Rose and the Client will be referred to as "the Parties”.

 

II. Field of application

 

The website www.abbieandrose.com is a commercial site of BMC Rose.

 

The General Conditions define the rights and obligations of the parties, which recognize that their relations are exclusively governed by them, with the exception of any precondition mentioned on the Website.

 

BMC Rose reserves the right to modify these Terms and Conditions at any time. The Customer must therefore regain knowledge whenever they are applicable.

 

III. Order

 

The order of a product offered on the Website (hereinafter "the Order"), assumes the Customer's acceptance of the Terms and Conditions.

 

BMC Rose will refuse the processing of any order from a Customer with whom there is already a dispute or incident, particularly related to the payment of a previous order, for which the application of these Terms and Conditions is not respected or in case of refusal authorization of a payment by credit card by banking institutions. In this case, BMC Rose undertakes to inform the Customer of this refusal by e-mail, based on the information that he has provided during the Order.

The Order’s date is deemed to be the validation’s date of the Order by the Customer.

 

IV. Products and availability

 

The products offered for sale (hereinafter "the Products") are presented on the Website with a generic description of their main characteristics. However, the photography cannot be considered as contractual. BMC Rose is committed to providing the best effort to correct any errors or omissions that may occur.

 

BMC Rose provides its best efforts to display the availability of Products in real time on the Site, but cannot be held responsible if a product is no longer available to honor a Customer’s order. In case of unavailability of an ordered product, the Customer will be personally informed via the contact information he has himself entered on the Website during his Order and will have the opportunity to modify his Order. The opportunity will be given to cancel the Order and the Customer will be refunded the amount of it if the payment has already been made. 

V. Purchase price and delivery costs

The price of the Products is mentioned on the Website (hereinafter "Purchase Price") in Euro, including VAT and not shipping costs. All prices are subject to obvious typographical error.

BMC Rose reserves the right to change prices at any time but the products will always be billed based on rates in force at the Order’s registration time.

At the time of the Order, the Customer undertakes to pay, in addition to the Purchase Price of the Products ordered, the costs of preparation and delivery (hereinafter "Fees"). These Fees vary according to the type and quantity of Products ordered, and the delivery method chosen, included VAT.

BMC Rose reserves the right to change the amount of Fees at any time, but the Fees will be charged on the basis of the rates in effect at the Order’s validation time. These Fees remain due and will not be refunded if the Customer returns all or part of the Order under its right of withdrawal.

Fees may be offered on an ad hoc basis as part of BMC Rose's promotional marketing operations or after a certain order amount has been exceeded. The Customer will be informed during the ordering process.

 

VI. Terms of order 

The Order on the Website is subject to compliance with the procedure set up by BMC Rose concretized by a succession of different steps that the Customer must follow to validate the Order.

The Customer will have the opportunity, before finalizing his order, to check the order’s details and order’s Total Purchase Price, and correct any errors, before confirming it to express its acceptance. Any Order confirmed by the Customer constitutes a sale contract and the acceptance of all the stipulations of these General Conditions.

BMC Rose will confirm each Order by sending an email to the Customer within 24 hours of the Order, on the address indicated by the Customer during his Order (hereinafter "Order Confirmation"). This Order Confirmation will mention, in particular, the order’s date, the ordered Product, its Purchase Price, plus Costs, and address and delivery terms.

The data recorded by BMC Rose, as well as the Order Confirmation, will constitute proof of the contractual relations between the Parties.

VII. Methods of payment

The payment of purchases is made by credit card Visa or MasterCard. During the validation of the order, the customer chooses one of the proposed payment methods. The customer indicates the name, which is on his credit card, the number of the card, its expiry date and the control number. Certain issuing banks can ask for an additional signature of digipass type. The validity of the payment is confirmed or not after verification with the issuing bank. If the payment is confirmed, the debit intervenes, after the invoicing of the order, according to the agreed modalities with the issuing bank of the card.

The ordered products remain BMC Rose's property until the complete payment of the purchase price and expenses indicated during the order.

In case of dispute concerning the payment, only the payment provider could be declared as responsible. 

VIII.  Delivery

BMC Rose makes a commitment to give its best efforts to deliver the order as soon as possible. Products are delivered to the delivery address indicated by the customer during the order process and the deliverer will give the parcel to the addressee or possibly to a different person present in the delivery address. During the delivery, an invoice of sale is given to the Customer. BMC Rose makes a commitment to assure a delivery all over the world, with expenses of delivery adapted to the country of destination.

IX. Custom duties

Any order placed on the website and delivered outside the Countries of the European Union can be subjected to possible taxes and customs duties which are imposed when the parcel reaches destination.
These customs duties and these possible taxes, linked to the delivery of an article, are chargeable to the customer and are under his responsibility. BMC Rose does not have to verify and to inform the Customer of the customs duties and the applicable taxes. To know them, it is up to the Customer to inquire with the competent authorities of his country.

X. Withdrawal right

You have the right to retract the present contract, without giving a reason, within fourteen days. The withdrawal period expires fourteen days after the day when yourself, or a third party,  different from the carrier and indicated by you, physically takes up the last good.

 

Exercise of withdrawal right

To exercise the withdrawal right, you have to notify us your decision to retract the present contract by means of a statement (declaration) divested of ambiguity (for example, a letter sent by post, fax or e-mail) by postal service at the address:

 Abbie & Rose, 25 Rue du sceptre ,1050 Bruxelles, Belgique

You can use the following form model of retraction but it is not compulsory

 

Withdrawal form:


(Please complete and send back the present form only if you wish to retract the contract.)

 

To the attention of:

 

 Abbie & Rose, 25 Rue du sceptre, 1050 Bruxelles, Belgique, by phone at  +33 6 80 11 49 89 or by e-mail to [email protected]

 

I/we (*) hereby inform you my/our (*) withdrawal of the contract concerning the sale of the good below

 

Ordered on (*)/ received on (*)

 

- Buyer’s name – Buyer’s address

 

- Buyer’s signature (only in case of notification of the present form on paper)

 

- Date (*)

 

To respect the withdrawal period, you just have to transmit your communication relative to the exercise of the withdrawal right before the expiration of the deadline of retraction.
You will have to cover the costs of the direct expenses linked to the return of the good.
 

Consequences of the withdrawal right

You will have to send back the good to « Abbie & Rose, 25 Rue du Sceptre ,1050 Bruxelles, Belgique », without excessive delay and, in any case, at the latest fourteen days after you would have informed us about your decision of retraction from the present contract.
Your contact? Stan - Managing Partner - 
[email protected]

This period is considered as respected if you send back the good before the expiration of the period of fourteen days.

In case of retraction from you of the present contract, we will refund you all the payments received from you, including the expenses of delivery (apart from the additional costs ensuing from the fact that you chose, if need be, a mode of delivery other than the least expensive mode of standard delivery that we propose) without excessive delay and, in any case, at the latest fourteen days as from the day when we are informed about your decision of retraction from the present contract.

We will proceed to the refund by using the same means of payment that the one that you have used for the initial transaction, unless you agree expressly on a different way; in any case, this refund will not cause fees for you.

We can postpone the refund until we receive the good or until you provide a proof of expedition of the good, the reserved date being the one of the first of these facts.

Your responsibility is committed only towards the depreciation of the good resulting from manipulations other than those required to establish the nature, the characteristics and the proper functioning of this good

Exception in the withdrawal right

 
The exercise of the withdrawal right is excluded for the following contracts:

- The supply contracts of the goods made according to the specifications of the consumer or clearly personalized; - the supply contracts of the goods susceptible to deteriorate or to expire quickly;

- The supply contracts of the goods which were unsealed by the consumer after the delivery and which cannot be sent back for reasons of hygiene or protection of the health;

- The supply contracts of the goods which, having been delivered, and due to their nature, are mixed in a inseparable way with other articles;

- The supply contracts of the goods or the services whom the price  depends on fluctuations on the financial market escaping the professional control and susceptible to occur during the retraction period.

XI. Terms of return


The returns planned in the article IX above will be accepted and will lead to a refund or exchange only if it is confirmed that the product is well in accordance with the one who was sent, without damage, modification, nor intervention of any kind.

Only the products returned to their original packing, not washed, not worn can be the object of an exchange or a refund. The damaged, dirty products and presenting traces of use will be sent back to their sender. The address for return is:

 

Abbie & Rose
Rue du Sceptre 25
1050 Bruxelles
Belgique

In the case of an « exchange order », you will not pay any new fees.

XII.  Intellectual property

The current intellectual property right protects the Website and all its elements. They are BMC Rose's exclusive property. The use of the present site is reserved for a strictly personal use. Any reproduction or public communication of the brands, the texts, the photos or other elements  of the website is strictly forbidden without BMC Rose's express and written prior authorization. Any hypertext link sending back directly to the present site will have to be the object of an express prior authorization from BMC Rose.

XIII.  Responsibility

BMC Rose contracts only obligation of means, for all the steps of access to the website, of the order, at the delivery or in the later services. BMC Rose's responsibility could not be committed for all the inconveniences or the damage inherent to the use of the Internet network, in particular a break of the service, an outside intrusion or the presence of computer viruses, or any fact which could be qualified as force majeure. In any event, the responsibility of the seller in the terms of the present general conditions cannot exceed a sum equal to the paid or payable sums during the transaction at the origin of the aforementioned responsibility, whatever is the cause or the type of the concerned action.

XIV. Proof

Computerized registers, kept in the computer systems of BMC Rose and its partners in reasonable conditions of security, will be considered as the proofs of communication, the orders and payments between the parts. 

XV. Nullity and integrality

If one or several conditions of the General Conditions are considered as non-valid or declared as such in enforcement of a law, a regulation or following a definitive decision of a competent jurisdiction, the other conditions will keep all their strength and their reach.
The General Conditions and the summary of order transmitted to the Customer form a contractual unit and establish the entire contractual relations intervened between the Parts. In case of contradiction between these documents, the General Conditions will prevail.

XVI. Applicable law and language

The user recognizes expressly that the sale contract is concluded in Brussels in Belgium and that the contractual language is French.
The present General Conditions are subjected to the Belgian law. In case of dispute, an amicable solution will be looked for before any legal action. In case of lack of amicable settlement, the courts of the judicial district of Brussels will be only competent.