General Terms and Conditions

These general conditions of sale define the conditions applicable to distance sales made on the site www.vicunamode.com between on the one hand the person making a purchase via the website, hereinafter referred to as "Customer" and on the other hand, the company Vicuna Mode.

These General Terms and Conditions of Sale concern only physical person and who do not act in the context of their commercial, industrial, artisanal or liberal activity.

 Terms and Conditions

1. INTRODUCTION. This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of products through such website (hereinafter, the "Terms"). Please read through these Terms, our Cookies Policy and our Privacy Policy (together the "Data Protection Policies") prior to using this website. By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.

2. OUR DETAILS. The sale of goods through this website is carried out under the name Vicuna Mode, by Vicuna Mode Sarl whose registered office is at Rue Charles Heuze 55, Auvelais, 6041 Gosselies, Belgium and under the legal tax number BE 0545897588, with the following email address: [email protected], the telephone number: +32 495 622 271

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE. It is required to share your personal information in order to continue with the purchase of the desired product. The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are accepting to the dispensation of such information and details and you represent that the whole information or details you have provided us with are true and accurate. In case the client explicitly declares his/her interest, Vicuna Mode will inform the client regarding the new collections, catalogues, campaigns and special offers via mail and/or email.

When you create an account on our website we will want to remind to keep your account password safe! We can help you to reset it now and then, but you'll need to make sure that it stays with you and only you. Giving it out can represent a security risk and Vicuna Mode will not be liable for any loss or damage that might arise from this. We can also assure you that we protect your personal details as it is the utmost important thing for us. 

The purpose of data collection is to create a "member account." This account allows the customer member to view all their orders made on the site. If the data contained in the member account section were to disappear as a result of a technical failure or a case of force majeure, the responsibility of the site and its publisher could not be incurred, this information having no probative value but only an informative nature. The pages relating to member accounts are freely printable by the account holder in question but are by no means evidence, they are only informative in order to ensure the effective management of its orders or contributions by the member.

The publisher reserves the exclusive right to delete the account of any member who has breached these terms and conditions (notably, but without this example being exhaustive, when the member knowingly provides erroneous information, when registering and building his personal space). The removal will not be likely to cause any damage to the excluded member who will not be entitled to any compensation for this fact.

If access to the site is not possible, due to technical problems or any kind, the user will not be able to claim damage and will not be entitled to any compensation.

 4. USE OF OUR WEBSITE. By using this website and/or by placing any order through it, you undertake:

1. To use the website exclusively to make legitimate enquiries or orders.

2. Not to make any hypothetical, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be authorized to cancel the order and inform the relevant authorities.

3. To provide correct and accurate e-mail, postal and/or other contact details to us and recognize that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into mandatory contracts.

5. COOKIES. A "Cookie" allows the identification of a site user, the personalization of his site visit and the acceleration of the site's display by recording a data file on his computer. The site is likely to use "Cookies" primarily for 1) get browsing statistics to improve the user experience, and 2) allow access to a member account and content that is not accessible without a connection.  

The User acknowledges that he is aware of this practice and authorizes the site's publisher to use it. The publisher undertakes never to disclose the contents of these "Cookies" to third parties, except in the event of a legal requisition. Users can opt out of registering "Cookies" or set up their browser to be notified of "Cookies" prior to acceptance. To do this, the User will set up his or her browser.

6. SERVICE AVAILABILITY. Items offered over this website are only available for delivery to Benelux, France and Germany. For other countries please contact us by email.

HOW THE CONTRACT IS FORMED. To place an order, you must follow the online purchasing procedure and click "Authorize payment". After doing so, you will receive an e-mail confirming receipt of your order (the "Order Confirmation"). You will later in a second email also receive confirmation that the order is accepted and being sent (the "Delivery Confirmation"). In case such confirmation is not provided to you by us, the Contract is not formed.

8. AVAILABILITY OF PRODUCTS. All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order the substitute products we will reimburse any monies that you may have paid.

9. REFUSAL OF ORDER. We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavors to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.

10. DELIVERY. Subject to availability (see Clause 8 above), and unless there are any exceptional circumstances, we will endeavor to fulfil your order for product(s) listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation. If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any products you have paid for but not received. We will send it on the date indicated by you when you place your order. Please note however that we do not deliver on Saturdays or Sundays. For the purpose of these Terms "delivery" or "delivered" shall be deemed to have occurred upon you or a third party nominated by you acquiring physical possession of the products, which will be evidenced by the signing for receipt of the products at the agreed delivery address.

11. UNABLE TO DELIVER. If we are unable to deliver, your product(s) will be returned to our depot. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day. If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, including delivery charge (except for any additional costs resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated. Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.

12. RISK AND TITLE. The Products will be at our risk until you receive the delivery, unless you designate a different carrier than us. Ownership of the products will pass to you upon delivery.

13. PRICE AND PAYMENT. The price of any products will be as stipulated on our site from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund. We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as incorrect price. The prices on the website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Shopping basket. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Therefore, price adjustments on previous orders are not permitted. Once you have finished shopping all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area. Payment can be made by the means of payment shown on the website via credit cards and debit cards. To minimize the possibility of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will request a pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. The charge will be made the moment we confirm the order. Credit cards are subject to validation checks and authorization by your card issuer but if your card issuer fails to authorize payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you. Throughout the purchase process, before payment, you can modify the details of your order. Prior to payment obligation, you will be provided with an order summary stating basic qualities of the goods, the price of the goods, the right of withdrawal and procedure of use and forfeiture of such right. You must choose your payment method, and whether or not you require a gift receipt (if one is available), before you place your order. Please note that a binding order is placed at the time that you press the relevant "Authorize Payment" button on the device screen, and you are required to pay for your order once it has been placed.

14. INVOICE. An Invoice is issued and submitted to the client at latest along with the products delivered. We have the right to apply different procedures required by e-invoice/e-archive legislation.

15. VALUE ADDED TAX Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to the Value Added Tax (VAT).

16. EXCHANGE/RETURN POLICY.

16.1 Statutory right to cancel your purchase. If you are contracting as a consumer, you have the right to cancel the Contract, within 14 days, without giving any reason and without any fines (except for Contracts for those products mentioned in clause 16.3 below, for which the right to cancel is excluded). You may return the purchased goods free of charge by our courier. The cancellation period will expire after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the products, or in case of multiple products in one order delivered separately, after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the last product. To exercise this cancellation right, you must notify us Vicuna Mode of your decision to cancel the Contract with a written notice (via email or postal mail at Rue Charles Heuze 55, 5060 Auvelais, Belgium). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of this cancellation right before the cancellation period has expired. If you have any questions, you can contact us on the contact form on our website or by calling +32 495 622 271. Reimbursement will be without undue delay including delivery costs to the place of the original delivery as soon as possible, and in any event not later than 7 days from the day we have received the notification regarding the use of cancellation right. The refund method will be the same as the payment method you used during the initial transaction. Regardless of the foregoing, we may defer the refund until we have received the returned products or you have provided us with proof of the latter, whichever is earlier. The deadline is met if you send back or return the products before this 14 day period has expired. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.

16.2 Contractual right to cancel your purchase. In addition to the statutory right of cancellation of consumers referred to in Clause 16.1 above, we grant you (whether or not you are a consumer) a 30 day period, beginning on the Shipping Confirmation, to return products to us without giving any reason (except those products referred to in Clause 16.3 below, regarding which the cancellation right is exempted), you will be refunded the price paid for the returned products only - delivery and other costs will not be refunded.

16.3 Common provisions. You shall not have the right to cancel the Contract when it is for the delivery of any of the following products: 1. Customized items. 2. Sealed products that are not suitable for return due to hygiene reasons that have been unsealed after delivery (such as underwear, accessories, jewelry, and swimwear). 3. Sale products. Upon delivery, you may handle the products to establish their nature, characteristics and functioning. Acceptable handling of the products is that which would reasonably be allowed in a shop. If your handling goes beyond what is acceptable and the products are damaged or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the products. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the invoice which you will have received when the product was delivered.

16.4 Returns of defective products. In addition to your statutory rights in relation to defective products, we offer the following contractual right in respect of defective products. In circumstances where you consider that the product does not conform to the Contract at the time of delivery, you should contact us as soon as possible via our web form with details of the product and its damage, or you can contact us by telephone +32 499 93 16 30. We will fully examine the returned product and will notify you of your right to a replacement or refund (if any) via email within a reasonable period of time. We will usually process the refund or replacement as soon as possible and, in any case, within 14 days of the day we confirmed to you via email that you are entitled to a refund or replacement of the defective product. Products returned by you because of a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will always refund any money received from you to the credit card originally used by you to pay for your purchase. This clause does not affect your statutory rights.  

Return address:

Rue Charles Heuze 55,

5060 Auvelais,

Belgium

17. LIABILITY AND DISCLAIMERS. Nothing in these Terms shall exclude or limit in any way our liability:

1. For death or personal injury caused by our negligence.

2. For fraud or fraudulent misrepresentation.

3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. We are responsible to you for foreseeable loss and damage caused by us. . 

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if, either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. We have a legal duty to supply products to you that are in conformity with the Contract, however, without affecting that duty and to the fullest extent permitted by law, all documents, product descriptions, information and data posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising, with the exception the guarantees provided by the law.

In that sense, when you are part of the contract, in line with our obligations at law, we are required to deliver products to you in accordance with the contractual provisions and we are liable to you for any lack of conformity found at the time of delivery.

Les produits sont considérés comme étant conformes aux dispositions contractuelles si les conditions suivantes sont réunies : (i) ils doivent être conformes à la description que nous avons présentée et posséder les caractéristiques que nous avons exposées sur ce site Internet ; (ii) ils doivent être adaptés aux fins pour lesquelles des produits de ce genre sont généralement conçus ; (iii) ils doivent répondre aux critères de qualité et de rendement qui sont généralement admis pour des produits du même genre et auxquels on peut raisonnablement s'attendre.  Nous vous garantissons que tout produit acheté chez nous via le web site est de qualité satisfaisante et raisonnablement adapté à toutes les fins pour lesquelles les produits de ce type sont communément fournis.

The products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which goods of their kind are normally used and (iii) show the quality and performance which are normal in goods of the same type and can which can reasonably be expected. We warrant to you that any product purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. Products (including handicraft products) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and color variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

18. INTELLECTUAL PROPERTY. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

19. VIRUSES, HACKERING AND OTHER CYBERCRIMES. You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately. We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.

20. LINKS FROM OUR WEBSITE. We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

21. WRITTEN COMMUNICATIONS. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

22. NOTICES. All notices given by you to us should be given in writing. Subject to and as otherwise specified in Clause 21 we may give notice to you at either the email or postal address you provide to us when placing an order. Notices will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

23. TRANSFER OF RIGHTS AND OBLIGATIONS. The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent. However, you may transfer our guarantee a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing proof of purchase or producing a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the property in question. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

24. EVENTS OUTSIDE OUR CONTROL. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 1. Strikes, lock-outs or other industrial action. 2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 5. Impossibility of the use of public or private telecommunications networks. 6. The acts, decrees, legislation, regulations or restrictions of any government. 7. Any shipping, postal or other relevant transport strike, failure or accidents. Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.

 25. WAIVER. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices (22) above.

26. SEVERABILITY. If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 

27. OUR RIGHT TO VARY THESE TERMS. We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you. This change does not affect your statutory rights as a consumer. The date of the last update of these terms is indicated at the bottom of this page, is the effective date.

28. LAW AND JURISDICTION. The use of our website and the Contracts for the purchase of products through such website will be governed by Belgian law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Belgian courts. In case a dispute arises regarding the agreement between Vicuna Mode and the Client, the client may do the necessary applications to the authorized Consumer Court or to the Arbitration Committee for Consumer Problems.

If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.

29. CLAIMS. Any complaints related to the use of the website, the service offered on this site, or any other related service, the pages of the site on possible social networks or the terms and conditions, legal mentions or charter of personal data must be filed within 30 days of the day of origin of the problem causing the complaint, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within 30 days, such a claim will forever be unenforceable in court.

It may be possible that, throughout the website and the services offered, and to a limited extent, there may be inaccuracies or errors, in the event that such a situation escapes us, please contact us by email at the addresses indicated in the legal mentions of the site with, if possible, a description of the error and location (URL), as well as sufficient information to allow us to contact you.

30. RGPD ACT. As part of the provision of our website www.vicunamode.com, we treat your personal data in accordance with the General Data Protection Regulations 2016/679 of April 27, 2016 ("RGPD") and under the conditions outlined below.

A personal data refers to any information relating to an identified or identifiable individual. We collect and process personal data in connection with the provision of our Services or the communication offered by these Services exclusively, in strict compliance with the RGPD.

All rights reserved – 20th September 2020