ARTICLE 1 – OBJECT –APPLICATION FIELD
The following general conditions of sale contain the conditions of use of the following website: www.easy-clothes.com (hereafter “the Website”) and the general conditions of sale of the products sold by Easy Clothes (hereafter “the Products”) to the Customer via the Website (hereafter “the Terms”).
Before using the Website, the Customer is requested to have carefully acknowledged the present Terms. By using the Website or by placing an order on this one, the Customer accepts, except certain evidence they can bring up, they are bound by these Conditions.
The present general conditions are applicable to the entire contractual relations between Easy Clothes and their customers, hereafter referred as “the Customers” or “the Customer”.
ARTICLE 2 – TRADE NAME – COORDINATES
The Products sale is carried out under the trade name “Easy Clothes” by MULTI CLEVER TRADE LLC, whose registered office is located Rue de Tilff 26 - 4052 Beaufays (Belgium), registered at the Banque Carrefour for business under the number 0562 952 168.
The Customer can contact Easy Clothes, either at the address previously mentioned or at the email address:[email protected]. Easy Clothes doesn’t have a telephone call service.
ARTICLE 3 – ACCESS TO THE WEBSITE – REGISTRATION
Access to the Website homepage and its content is free without any beforehand registration required. The placing of an order for Products on the Website can be done either with a prior creation of an account on the Website, or as a guest, without the creation of an account required.
The creation of an account on the Website as a Customer implies the prior acknowledgement and acceptation without hold of the present Conditions.
Easy Clothes can, at any time, edit and adapt the present Terms in order to:
a) bring them into conformity with the legislative or regulatory provisions in force or in the process of adoption to which it is subjected to;
b) conform them to any decision rendered by a court of law or arbitration, or issued by any other competent authority and whose decisions are binding upon it;
c) correct any material mistakes.
The applicable Terms will be those in force at the time of use of the Website or at the conclusion of the Contract.
Without prejudice to the applicable legislative or regulatory rules, Easy Clothes will notify any modification and/or adaptation of the Terms, or of any other rule related to the use of the Website by means of a message addressed to the Clients via the Website and this, at the latest fifteen days before the effective date of the modification or adaption hereby mentioned.
This notification will be doubled, in the assumption that the adaption or the modification that Easy Clothes intends to operate would carry a substantial modification of the obligation of the Clients or would have a major impact on the modality of operation of the Website, of an email addressed to the Clients on the email address provided at the time of their registration.
The Client which doesn’t wish to grant their accord to the modifications operated remains free to solicitate the suppression of their account on the Website by sending a request to this end at [email protected].
ARTICLE 4 – OBLIGATIONS OF THE USERS/THE CUSTOMER
Any Customer and any user of the Website engage themselves:
- in being of age or underage with a parental authorization;
- at the time of the creation of the account on the Website, in providing accurate information;
- in creating and maintaining only one account on the Website;
- in not using the Website and/or their account on the Website in a fraudulent manner or for fraudulent purposes;
- in complying with the applicable legislation and regulation.
Any Customer and any user engage themselves in communicating and using data that is :
- accurate, i.e., not misleading nor erroneous;
- not contrary to the public order nor to the morality;
- free of any viruses, programs or computer files that could (i) disturb the normal operation of the Website, (ii) cause damages to the informatic material of Easy Clothes, the other Customers and the Internet surfer in general and therefore lead to damages to these people;
- not offering links towards other Internet sites or applications that provide similar services to those offered by Easy Clothes.
The Customers will ensure the confidentiality of their ID and their password. They will constantly update the data regarding their account.
ARTICLE 5 – ACCESS RESTRICTION TO THE SITE
Easy Clothes reserves the right to deny the access to all or part of the Website to any Internet surfer or Customer who, and without this list being exhaustive :
- would contravene the present Terms;
- would damage in one way or another the reputation of the Website, or of Easy Clothes;
- would undermine the intellectual rights of third parties or of Easy Clothes;
- would use the Website in illicit, offensive, racist, indecent, threatening or fraudulent purpose.
Easy Clothes also reserves the right to take legal action against these same people and claim compensation for the prejudice caused to Easy Clothes on this occasion.
ARTICLE 6 – PRODUCTS AVAILABILITY
Any order of Products is subject to their availability.
If the Products are no longer in stock after the placement of the Customer has placed the order, Easy Clothes will inform the Customer as soon as possible and, if a payment has already been made, Easy Clothes will reimburse the Customer for this payment using the same method of payment that the Customer used to make the payment.
ARTICLE 7 – PRICE – PAYMENT
The prices are denominated in Euros, VAT included but excluding possible customs fees, which remains at the Customer cost. In this respect, the customer is required, to inquire about the possible application of customs fees.
The prices are those stated on the Website in the descriptive sheet of each Product, except in the event of manifest error.
If Easy Clothes detects an error in the price of the Product(s) ordered, it will inform the Customer as quickly as possible and will offer either to confirm their order at the correct price, or to cancel it. If Easy Clothes does not succeed in obtaining an answer from the Customer regarding the alternative proposed to them within eight calendar days, it will cancel the order and will proceed to the reimbursement of the amount paid.
The prices do not include the delivery costs. These are referred to in Article 9.
The payment method offered on the Website are those set up by the MultiSafePay platform (Visa, MasterCard, Maestro, Bancontact, PayPal, Apple Pay).
ARTICLE 8 – PLACEMENT OF AN ORDER
To place an order with the Products sold by Easy Clothes on the Website, the Customer must log in to the Website, select the Products they desire to purchase and place them into their cart.
The Customer can then either log in to their account or log in as a guest to place the order.
The total amount of the order including all taxes plus delivery fees is shown in an order summary and the Customer is then invited to confirm their willingness to pay the order in accordance with the means set up for this purpose and referred to in Article 7. They also must accept the present Terms.
Once the payment has been made, the Customer receives confirmation of their order by email along with a copy of the present Terms.
ARTICLE 9 – DELIVERY
After confirmation of the order by the Customer and subject to the integral payment of the price and the expenses of delivery, Easy Clothes will prepare the order.
The delivery will be made in a maximum period of two business days from the date of the placement of the order to the delivery address indicated in the order.
The attention of the Customer is drawn to the fact that a temporary surplus of orders to be treated can generate a light delay in the delivery.
Easy Clothes offers several modes of delivery, at the rates applicable at the time of the conclusion of the Contract. These modes of delivery are the following : at home, in relay point and collection from Easy Clothes’ physical store. The delivery modes and their respective rates are accessible on the website via this link : DELIVERY
Without prejudice to the provisions relating to the availability of the Products, Easy Clothes will do anything in its power to execute the order placed by the Customer within the period indicated above and, in any case, within a maximum period of thirty days starting from the confirmation date of the order.
If Easy Clothes is unable to respect the delivery date for any reason whatsoever, it will inform the Customer as soon as possible and will offer either to proceed to the execution of the Contract with a new delivery date, or to terminate the Contract and so refund the amount paid by the Customer.
Easy Clothes proceeds to wrap the Products with carefully. The Customer is invited to make sure, at the time of delivery, that the order is intact and complete in the presence of the deliveryman in order to make reservations if need be. In the event that the Customer would have a doubt concerning the intactness and completeness of the order, they are requested to refuse its delivery and to give back the refused order to the transporter in its original wrapping.
The “delivery” will be considered as carried out, or the order will be considered as “delivered”, when the Customer or a third party they would have appointed will be in possession of the Products, which will be evidenced by the signature of the acknowledgement receipt of the order at the delivery address agreed upon.
Attention, to ensure a good follow-up of delivery, the information (telephone number & e-mail address) must be correctly informed at the time of the order.
We are not responsible if the phone number or your e-mail address do not match.
ARTICLE 10 – RESERVATION OF OWNERSHIP
The Products sold remain the propriety of Easy Clothes until full payment of the price and the delivery fees.
ARTICLE 11 – RISK TRANSFER
The risks linked to the Products are transferred to the Customer from the moment that the Customer or a third party appointed by them and other than the carrier takes physical possession of the Products.
ARTICLE 12 – RIGHT OF WITHDRAWAL
- Legal right of withdrawal
The Customer dispose of the right to withdraw from the Contract concluded without giving any justification within fourteen days.
The withdrawal period expires fourteen days after the day when the Customer, or a third party appointed by them and other than the carrier, takes physical possession of the Products sold.
To exercise the right of withdrawal, the Customer must notify Easy Clothes of their decision to withdraw from the Contract by means of a statement exempt of any ambiguity (for example, a letter sent by post, a fax or an electronic mail) or use the sample of withdrawal form which is made available in the appendix of the present Terms and Conditions or accessible via this link
In order for the period of withdrawal to be respected, it is sufficient for the Customer to forward to Easy Clothes their communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period of fourteen days.
- Effects of the withdrawal
In case of withdrawal, Easy Clothes will refund all the payments perceived from the Customer, (exception made from the additional delivery fees ensuing the fact that the Customer has chosen, if so, a delivery mode other than the cheaper mode of standard delivery offered) without excessive delay and, at all events, at the most fourteen days from the day it would have been informed of the Customer’s decision to withdraw. Easy Clothes will proceed to refund by using the same payment method as the one used by the Customer when first paying, unless otherwise explicitly agreed. Either way, the reimbursement will not generate additional costs for the Customer.
Easy Clothes reserves the right to differ the refund until reception of the Product(s).
The Customer must send back the Product(s) to Easy Clothes at the address mentioned in the Article 2, in a physical store or in a service point, without excessive delay and, in any case, at the latest fourteen days after having communicated to it their decision to withdraw. This period is declared respected is the Product is returned before the expiration of the fourteen days period.
The return direct fees are at the Customer’s cost.
The returns are possible using the secured mode of transportation, by following the return instructions inserted in the package, and by means of the return labels to print available on the Website once the return request is made by the Customer.
The Customer will have no right to reimbursement if the delivered Product has been used, if it is not returned in the same conditions as it has been delivered (in the original wrapping, with the safety cord from the label intact) or if it has been damaged. They may however be eligible for reimbursement if the depreciation of the Products comes from the necessary manipulations in order to ensure the nature, the quality and the operation of the latter.
To be eligible for reimbursement, the Customer will be required to return the Products in their original wrapping along with every document, if so, accompanying these Products and imperatively the summary of the order enclosed in the package at the time of delivery and the return document.
The return of the Products does not allow an exchange for one or more Products. Where applicable, the Customer will have to place a new order on the Website.
- Exception to the right of withdrawal
By way of exception, the Customer do not dispose of the right of withdrawal in the assumption where the Contract concerns the goods confectioned according to their specificities or clearly personalized.
ARTICLE 13 – Warranty of consumer goods
In accordance with the articles 1649bis to 1649octies of the Civil Code, Easy Clothes answers of any lack of conformity which would exist at the time of delivery of the Product, and which would appear within a period of two years from it.
The defect will be however deemed non-existent if, at the time of the conclusion of the Contract, the Customer knew the lack of conformity or could not reasonably be unaware of it or if the lack of conformity is imputable to them.
It is agreed that the Customer must notify Easy Clothes of any lack of conformity, in writing, in a maximum period of two months from the day on which they noticed the defect. Failure to comply with this obligation will result in the loss of the Customer’s rights for lack of conformity.
ARTICLE 14 – RESPONSIBILITY
- Management and use of the Website
Easy Clothes will ensure its Website is accessible to the Customers and, more generally, to the web surfers, continuously and without interruption. However, Easy Clothes reserves the right to, at any time and without notice, interrupt the access to the Website, including for technical purposes and therefore suspend its services.
Except in case of fraud or heavy fault of their own, or, aside from a case of force majeure, of the non-performance of an obligation consisting of one of the main services of the contract, Easy Clothes will not be held liable for the any possible harmful consequences whatsoever (for example, loss of chance, waste of time, loss of earnings, etc.) which could result from these interruptions.
Except in case of fraud, heavy fault or, aside from a case of force majeure, of the non-performance of an obligation consisting of one of the main services of the contract, Easy Clothes will be denying any responsibilities in case of a mistake, omission or inaccuracy of the information provided on the Website. Furthermore, in the eventuality that the Website contains hyperlinks redirecting to third party content, Easy Clothes cannot guarantee the quality nor the accuracy of this content and cannot be considered as approving this content.
Easy Clothes is not responsible of the management by the Customers of their login and their password, nor for the management of their account.
- Responsibility limitation
The responsibility of Easy Clothes cannot, except in case of fraud or heavy fault or, aside from a case of force majeure, of inexecution of an obligation consisting of the non-performance of an obligation consisting of one of the main services of the contract, be engaged.
In the eventuality that the responsibility of Easy Clothes would be engaged notwithstanding the aforementioned assumption of limitation and exoneration of responsibility, it will be limited, in any case, to the amount of the price of the Product(s) sold.
As an exception to the above, Easy Clothes’ liability shall not be excluded or limited in the following cases : (i) death or personal injury caused by its negligence ; (ii) fraud ; or (iii) in any cases where a limitation of its liability would be illegal or abusive.
ARTICLE 15 – FORCE MAJEURE – LACK OF FORESIGHT
Easy Clothes will not be responsible for the non-execution or delay of execution of any of its obligations when this non-execution is due to a case of force majeure in the sense that this notion is understood by the Belgian courts and tribunals.
For the application of the present clause, are considered as cases of force majeure or fortuitous events and constitute causes of suspension or extinction of Easy Clothes' obligations: fires, natural disasters and exceptional climatic events, labor disputes at its subcontractors and suppliers, exceptional difficulties and impossibilities to use the means and channels of transport, orders or commandments of Belgian, European or foreign public authorities, changes in Belgian regulations, European or foreign regulations, accidents affecting the production and storage of products, total or partial stoppage of supplies, failure of the carrier, epidemics and pandemics, machine breakdown, war, acts of third parties or any other external event of such a nature as to delay or prevent the execution of the commitments made...
In case of force majeure, the contractual obligations of Easy Clothes will be suspended during all the duration of the force majeure and its deadlines of execution will be, if necessary, prolonged of a time equivalent to that of the duration of the force majeure. If the case of force majeure leads to a definitive impossibility of execution of the contractual obligations of Easy Clothes, Easy Clothes will be released from them. Easy Clothes will inform the Customer by email.
In addition, if due to circumstances beyond its control, Easy Clothes finds the execution of its obligations impossible or simply more onerous or difficult, Easy Clothes and the Customer commit to negotiate in good faith and loyally an adaptation of the contractual conditions in order to restore the contractual balance within 30 calendar days following the notification of these circumstances by Easy Clothes to the Customer. In the absence of agreement within the aforementioned period, each of the parties will have the right to unilaterally terminate the contract without compensation of any kind.
ARTICLE 16 – INTELLECTUAL PROPERTY RIGHTS
The entire content of the Website, including graphics, logos, buttons, images, HTML code, databases and icons - with the exception of advertising and proper names - is the intellectual property of Easy Clothes and is protected.
Easy Clothes can forbid the extraction and/or the re-use of the totality or of a substantial part on the qualitative or quantitative level of the contents of this Website.
Some of the names, distinctive signs and logos appearing on the Website are registered trademarks or trade names belonging to Easy Clothes or to third parties. Any copy, translation, adaptation, modification or use whatsoever of all or any of the protected elements of the Website, in any form whatsoever and by any means whatsoever, is strictly prohibited without the prior written consent of Easy Clothes. Any request on this subject can be addressed to [email protected]
All Internet users and all Customers undertake to respect these intellectual property rights and not to copy, reproduce, extract, exploit or alter, in any form whatsoever and by any means whatsoever, the information contained on the Website, including these Terms. In the absence of prior written consent, Easy Clothes does not grant any license in this regard.
ARTICLE 17 – COMMUNICATIONS
Any communications to be made toward the Customer will be considered correctly carried out if it is made to the email address or postal address given by the Customer at the time of the conclusion of the Contract.
ARTICLE 18 – PROTECTION OF PERSONAL DATA
ARTICLE 19 – WAIVER
No waiver on the part of Easy Clothes to any of its rights can be deduced from the express, certain and written expression in this sense.
ARTICLE 20 – INVALIDITY
The invalidity of any provision of the present Terms shall be limited to the invalid provision and shall not affect the remainder of these Terms.
ARTICLE 21 – APPLICABLE RIGHT
The use of the Website along with any Agreement entered into through the Website are governed by Belgian law.
ARTICLE 22 – ONLINE SETTLEMENT OF CONSUMER DISPUTES
In accordance with Article 14 of the European Regulation 524/2013 of 21 May 2013 on the online settlement of consumer disputes, Easy Clothes communicates here the link to the online dispute resolution (ODR) platform: http://ec.europa.eu/odr
ARTICLE 23 – COMPETENT JURISDICTIONS
Any dispute relating, directly or indirectly, to the use of the Website, to the conclusion, to the execution, or to the interpretation of the Agreements concluded through the Website will be under the jurisdiction of the courts of Liège (Belgium), Liège Division, without prejudice to the application of Article 624, 1°, 2° and 4° of the Judicial Code.