Terms & Conditions
OUR 10 PRINCIPLES
Your access to our website and the way you use our website is governed by our general terms and conditions, which rest on 10 principles, both of which are set out below.
We would like to draw your attention to the need for you to carefully read these general terms and conditions. If you have any questions, please do not hesitate to contact us at: [email protected]
1. Access to our website implies acceptance of our contractual framework
2. Our contractual framework is clear and transparent
3. We make every effort to ensure the website is accessible and up to date, without errors or harmful elements
We make every effort to ensure our website is kept up to date and accessible, and does not contain any errors or harmful elements (computer viruses, outside interference, etc.). However, disruptions, interruptions in service delivery or the presence of harmful elements beyond our control remain possible. We decline all and any liability for such occurrences.
If you should come across anything unusual, please contact us at [email protected] In response, we will make every effort to restore normal service as soon as possible.
4. We rely on you to provide us with accurate and up-to-date information
To ensure the proper management of our website and our services, we need accurate and up-to-date details.
5. You undertake to use our website in compliance with its intended purpose and with applicable laws and regulations
In particular, you undertake to refrain from:
using a false identity;
sending us false or unlawful content, spam, content which violates the rights of third parties or that is prejudicial to any third parties;
gain unauthorised access to a part of the website;
carry out any action which may disrupt the operation of our website.
If you become aware of a manner of conduct or inappropriate use in connection with our website, please contact us as [email protected]
6. We are not liable for other websites
Our website may contain links to other websites and certain other websites may have a link to our website. We have no control over said third party websites. As such, we decline all and any liability in respect of their content, operation or use.
7. You are responsible for the way you use our website
You use our website at your own risk. We decline all and any liability for any loss or damage resulting from the use of our website or from the fact that our website is unavailable to be used.
8. Our website and all its elements are protected by intellectual property rights
We hold the title of ownership over our website and its elements (trademarks, logos, graphics, photos, animations, videos, texts, etc.). They are protected by intellectual property rights. As such, you are not permitted to copy, distribute or use our website or the elements it contains for any purposes other than for displaying the website and navigating around the website.
9. Our complaints handling system is simple and efficient
All complaints must be submitted in written within eight calendar days counting from the time when you became aware of the situation that prompted the complaint. You may submit your complaint
either by e-mail sent to [email protected]
or by letter sent by recorded delivery with acknowledgement of receipt to SA CLIO GOLD, Chaussée de la Hulpe 185, 1170 Brussels, Belgium.
10. We prefer to settle any disputes through dialogue
Long drawn-out court action is not in anyone’s interest. In the event of a dispute, we undertake to engage in dialogue and are open to seeking out an amicable solution.
1. ABOUT CLIO GOLDBRENNER
1.1 The www.cliogoldbrenner.com website (hereinafter referred to as the “Website”) is managed and operated under the responsibility of:
SA CLIO GOLD (hereinafter referred to as “CLIO GOLDBRENNER”),
Chaussée de la Hulpe 185
BCE (Central Belgian Cross-Reference Database for Businesses) reg. no.: 0824.870.479.
1.2 The website is a platform intended to enable users to discover and purchase leather handbags, trainers and accessories online, made for women by designer Clio Goldbrenner (hereinafter referred to as the “Service”).
2.1 Access to the Website is subject to the present GTU, the Charter, the Cookies Policy as well as applicable laws and regulations. Consequently, logging onto the Website implies full and unreserved acceptance by the user (hereinafter referred to as “the User”) of the present GTU, the Charter and Cookies Policy.
2.2 The present GTU, GTCS, Cookies Policy and Charter alone govern the relationship between the User and CLIO GOLDBRENNER in respect of the use of the Website and of the Service. They are available to be consulted at any time on the Website.
3. ACCESSIBILITY AND OPERATION OF THE WEBSITE
3.1 CLIO GOLDBRENNER shall ensure, insofar as possible, that the Website is kept up-to-date and remains accessible to a normal number of Users. Nonetheless, CLIO GOLDBRENNER is unable to offer assurances that the functionalities of the Website shall be available without interruption or without error, that any defects shall be immediately corrected or that the server that hosts the website is free from viruses or other harmful elements.
3.2 CLIO GOLDBRENNER declines all and any liability for any loss and/or prejudice, regardless of nature, which might result from the suspension, interruption, (technical) disruption, slow-down, difficult accessibility to and/or cessation of the accessibility to all or part of the Website and for any viruses or other harmful elements present on the Website.
3.3 If the User should come across an error, a virus or other harmful elements on the Website, he/she is invited to inform CLIO GOLDBRENNER thereof by sending an e-mail to [email protected] to enable us to put in place the appropriate measures. In any event, CLIO GOLDBRENNER advises Users to install firewalls, anti-virus software and other relevant protection software on their computer, to prevent the latter from being damaged.
3.4 CLIO GOLDBRENNER reserves the right to suspend or to discontinue all or part of the Website, at any time, without statement of grounds and without prior notification.
4. USE OF THE website
4.1 The User hereby undertakes to use the Website only in compliance with its intended purpose, to the exclusion of any other purposes.
4.2 It is incumbent on the User to make sure that all details provided by him/her are accurate and up-to-date.
4.3 The User hereby undertakes to use the Website in good faith and to act in compliance with applicable laws and regulations, and in particular to refrain from:
sending CLIO GOLDBRENNER false or misleading content or communications (and to update said content, as applicable, so as to ensure that it does not become false or misleading), and from sending any content or communications that are obscene, racist or xenophobic, improper, illegal, deceptive, constituting an invasion of the privacy of others, offensive, injurious, violent, threatening or harassing, slanderous, constituting a violation of any intellectual property rights or any other rights, and from sending any content or communications that encourage or are contributory to any one of the above conducts;
providing CLIO GOLDBRENNER with e-mail addresses or other types of content without having obtained the prior permission from the persons concerned;
sending CLIO GOLDBRENNER content that is in violation of the rights of third parties or that acts to prejudice said parties in any shape or form (intellectual property rights, privacy, business secrets etc.);
sending CLIO GOLDBRENNER content which directs users to illegal websites or websites which contain inappropriate content;
using the Website to send unsolicited spam or chainmail or mails for similar or fraudulent actions;
overriding the technical protection devices for documents and multimedia elements;
engaging in any actions which could disrupt the proper operation of the Website, the Service, with the inclusion of the use of computer worms, viruses, time bombs or bulk mails;
trying to gain unauthorised access to any part of the Website or to one of the pieces of equipment used to run the Website;
using a false name, a pseudonym, or assuming the identity of another person or entity;
using the Website for purposes other than those set out in the GTU.
4.4 CLIO GOLDBRENNER declines all and any liability in the event the User fails to comply with the GTU, GTCS, Cookies Policy, Charter and/or applicable laws and regulations. The User shall defend, indemnify and hold CLIO GOLDBRENNER harmless against all court proceedings, complaints or charges brought by third parties (including by the public authorities) in respect of his/her use of the Website.
4.5 The User uses the Website at his/her own risk. The Website, its elements and all information, softwares, installations, services associated therewith are provided as is, depending on availability, without assurances of any sort (neither express, nor implicit) and within the confines of applicable law.
4.6 CLIO GOLDBRENNER declines all and any liability for any loss or damage (direct, indirect, material or immaterial) resulting from the use of the Website and its elements, or from the fact that the Website is unavailable to be used.
4.7 Moreover, it is incumbent on the User to immediately inform CLIO GOLDBRENNER in writing if he/she becomes aware of any form of conduct or inappropriate use in connection with the Website, by sending an e-mail to [email protected]
5. LINKS TO AND ON OTHER WEBSITES
5.1 The Website may contain hypertext links to other websites. In addition, some websites may contain a link to our Website. These third party websites are beyond the control of CLIO GOLDBRENNER, which consequently declines all and any liability for the operation of said websites, their content or their use. Unless specifically stated otherwise by CLIO GOLDBRENNER on the Website, the existence of such links does not in any way imply CLIO GOLDBRENNER’s approval of these third party websites or of the use that could be made thereof, nor do these links imply any kind of association or partnership with the operators of these websites.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The title of ownership over the Website and its elements (trademarks, logos, graphics, photos, animations, videos, musical content, texts, etc.) rests with CLIO GOLDBRENNER. They are protected by intellectual property rights (notably copyrights, design rights, trademark rights, etc.) and may neither be reproduced, used nor disseminated without the written prior permission from CLIO GOLDBRENNER or, as applicable, of the holder of the rights in question, at the risk of being deemed an infringement of copyrights and/or design rights and/or trademark rights, punishable by a custodial sentence ranging from three months to three years in prison and a fine ranging from 100 to 100,000 euros or by either one of these penalties.
6.2 Through the present GTU, CLIO GOLDBRENNER hereby grants the User a non-exclusive, non- transferable licence, for an open-ended term, which may be revoked at any time without statement of grounds, to access the content of the Website, to display and download content solely for viewing purposes. The User shall equally be permitted to print off copies of the content shown on the Website for personal use, subject to the requirement that he/she does not in any way alter the content of the Website and that he/she keeps all of the website's mentions of authorship and origin. As such, any reproduction is therefore permitted solely for strictly private purposes within the meaning of article XI.190 5° of the Economic Law Code.
6.3 All use of the Website and of its elements not provided for under the present article is strictly prohibited.
7.1 In order to be valid, any complaints from the Buyer in respect of the Website must be submitted in writing within eight (8) calendar days counting from the time when he/she became aware of any presumed flaws or defects that prompted him/her to submit the complaint. The Buyer’s failure to bring any grievances to the attention of CLIO GOLDBRENNER in observance of the rules set out above shall be considered as the unconditional and unreserved acceptance of the presumed flaw or defect that prompted any later complaints and, de facto, the definitive waiver of any complaint for said situation.
8. RIGHT OF WITHDRAWAL
A consumer-customer, and therefore not a business customer, has the right to cancel the contract within a period of 14 days, without having to state any reason. The withdrawal period expires 14 days after the date on which the client or a third person, other than the carrier, designated by the customer, takes physical possession of the item.
This right of withdrawal does not apply to items personalised according to the customer’s specifications.
To exercise his or her right of withdrawal, the customer must register his or her return request by logging on to his or her customer account.
Please put each item back in its original packaging and fill in the return slip. We do not do exchanges. For another size, a different model or different colour, please place a new order via the e-shop.
The refund will be made within 15 days after we receive the return. You will receive an email notifying you once the refund has been made.
When a customer cancels the contract, all payments he or she has made up to then, including delivery charges will be refunded immediately (with the exception of additional charges connected with the choice of delivery method other than the least expensive standard delivery we offer).
Clio Gold SA may however hold on the refund until they have received the merchandise.
Clio Gold SA refunds the customer by the same payment method used for the original purchase transaction, unless the customer has explicitly accepted another method.
The customer must send or hand back the goods without delay and in any case, no later than 14 days after the date he or she informed of his or her decision to cancel the contract.
The customer is in time when the merchandise is returned before the end of the 14 day period.
The customer shall pay the direct costs for returning the merchandise.
The customer will only be liable for depreciation of the items that results from use that went beyond what was necessary to determine the nature, features and serviceability of the items.
Clio Gold SA reserves the right to not refund depreciation that stems from handling the merchandise beyond what was necessary to determine the nature, features and serviceability of the items.
9. CHANGES AND LANGUAGE VERSIONS
9.1 CLIO GOLDBRENNER reserves the right to change and update the present GTU, the GTCS, the Charter, and the Cookies Policy, access to the Website and its content at any time, subject to notification of the Users through the Website. All of these changes shall apply to the Users whenever they access the Website.
9.2 In the event of any discrepancies between the language versions of the present GTU, GTCS, Charter or the Cookies Policy, the French version shall take precedence.
10. VALIDITY OF CONTRACTUAL CLAUSES
10.1 The fact that CLIO GOLDBRENNER does not invoke a clause of the present GTU at a certain
point in time may not be taken to mean that CLIO GOLDBRENNER waives its prerogative to assert its rights pursuant to said clause in due course.
10.2 The nullity, obsolescence or the unenforceable nature of all or part of one of the clauses above or
below shall not cause the nullity of the present GTU in their entirety. The clause that has been
found to be null and void, obsolete or unenforceable, either in full or in part, shall be deemed not to have been written. CLIO GOLDBRENNER hereby undertakes to replace the said clause by
another clause, which - insofar as possible – pursues the same aim.
11. APPLICABLE LAW AND COURTS OF COMPETENT JURISDICTION
11.1 The validity, interpretation and/or the performance of the GTU shall be governed by Belgian law, to the fullest extent permitted by the rules of applicable international private law.
11.2 Any disputes relating to the validity, interpretation and/or the performance of the GTU, shall be exclusively heard by the Courts and Tribunals of competent jurisdiction of the legal district of Brussels, to the fullest extent permitted by the rules of applicable international private law.
11.3Before putting in place any steps to resolve a dispute through the courts, the Buyer and CLIO GOLDBRENNER hereby undertake to make every effort to resolve matters amicably. To this end, they shall first get in touch with each other, before seeking recourse to mediation, arbitration, or any other alternative methods of dispute resolution.