[GENERAL TERMS & CONDITIONS]
SALLE PRIVÉE B.V., Chamber of Commerce number 64620662.
The following terms and conditions (the “Terms and Conditions”) apply to orders of products (“Products”) and services (“Services”) placed with Salle Privée B.V. (“Salle Privée” or “we”) on www.salle-privee.com (the "Website") by customers worldwide. Please ensure that you carefully read these Terms and Conditions. It is important that you regularly check for updates. Salle Privée reserves the right to update these Terms and Conditions at any time. The date of the latest update can be found in the last section of the Terms and Conditions. Your order will always be subject to the Terms and Conditions that apply at the order date. We recommend you to print or download a copy of these Terms and Conditions for future reference.
2. PLACING ORDERS ON THE WEBSITE
To place an order on the Website, you must be at least 18 years old. By placing an order, you confirm that you have read and accept these Terms and Conditions and that you are purchasing Products for personal end and not as a professional reseller. When placing an order, we require you to provide us with an email address, among other personal information. When you submit an order we will send a conformation to the provided email address including an order number, details of the products ordered, payment and delivery. Products in your shopping bag will not be reserved for you. Your order will only be placed once you have proceeded to check out and have received a conformation by email.
3. ACCEPTANCE OF ORDER
Salle Privée reserves the right to subject all orders to acceptance. We expressly reserve the right not to accept your order for any reason. Once we have send you a conformation that your purchase has been shipped, your order is considered final. At this point a contract, containing these Terms and Conditions, comes into existence and is binding between you and us (the "Contract"). Fulfillment of an order through the Website is subject to availability of the Product or Service. We also reserve the right to cancel a Contract by electronic written notice to you in the following situations, without liability for any damage or costs other than repayment of any amount received from you in relation to the cancelled Contract:
- the Product is not available or not in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; your bank transfer payment is not received within 12 calendar days after acceptance of your order;
- we have reason to believe you are under 18;
- we have reason to believe that you are a reseller; there was an error in the price displayed on the Website;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (see art. 12 below); or
- in the event of misspelling, pricing or other errors or mistakes in the Website information.
4. YOUR ACCOUNT AND PASSWORD
If you choose to register on the Website you must treat the username and password for your account as confidential and must not disclose it to any third party. We advise you not to store your username and password in the same place. If you log in to your account you can view your order history. In your account we will only store the information you provide to complete the order such as billing, shipping address and email. You are able to change all information stored in your account at all times. If you would like to delete your account or if you know or suspect that anyone other than you knows your username or password, you must promptly notify us at email@example.com.
Please check the available payment methods at the footer on the Website. We do not accept any method of payment other than those listed for a relevant country. Please do not try to pay by any other way than specified on the Website. If you do, we will not be liable for loss of the payment or any other damages that may result from this action. If you pay by credit/debit card;
We will deduct the amount due from your account as soon as we have sent the confirmation email. All creditcard payments are made via Stripe, a secure online payment gate way. Payments can only be processed if the billing information can be verified and the validation of cardholders has been checked. In the event that the card issuer refuses authorization of the payment, your order will be cancelled. We retain title in any Product(s) until we have received full payment for such Product(s).
In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled.
6. PRICES AND CURRENCY
The Product prices displayed on the Website are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the “Shipping” section of the Website. Prices are quoted in Euro unless expressly stated that the price is in another local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing and/or VAT.
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. Please transfer only the exact amount specified on the Order Confirmation, and make individual transfers per order, using the unique reference number stated in your Order Confirmation.
The prices of the Products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order we have confirmed in an Order Confirmation.
7. SHIPPING & DELIVERY
Salle Privée offers different shipping methods, according to location or specified needs. In the Benelux we deliver Products from Monday to Saturday via PostNL. For countries other than then the Benelux we deliver via UPS from Monday to Friday. We do not ship on certain public holidays. Please refer to the “Shipping” section of the website for dates and the available delivery times and methods. Please note that delivery times - form the date of dispatch - are provided as guidelines only. Ensure to provide us with the correct shipping and billing information to avoid delays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the countries section of the website.
- Track & Trace
All orders are traceable. Once your order is shipped you will find the track-and-trace number and instructions in the email informing you your Products have been dispatched.
To secure your order we only deliver upon receiving a signature.
- Defective Products
Upon delivery, please inspect the packaging for damage. If it appears that the Products are damaged, please do not accept the shipment.If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive 'standard delivery'. See the FAQ section of the Website for threshold amounts and their corresponding discounted delivery rates.
8. RETURNS & CANCELLATIONS
- Canceling order before delivery
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please contact us at firstname.lastname@example.org The cancellation will be free of charge. If cancellation is not possible, the Product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
- Returning orders after delivery
You are entitled to return Products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 14 days after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the Returns section of the Website.
- Exercising your right of withdrawal
If for whatever reason you are not happy with the Products you ordered, you may return the Products delivered to you within 14 calendar days after the Product is delivered, as long as:
- the Products are unopened and not used in any way;
- the Product is complete and you return in or together with the original packaging, hand tags etc.;
- the Product is not tampered with or otherwise changed.For practical information on how to return, see the Returns section of the Website. If you inform us that you wish to return all Products from one order, we shall reimburse to you all payments received (with the exception of any supplementary costs resulting from your choice of delivery other than the standard delivery offered by us) and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal.
Salle Privée will only issue a full refund if Products meet the same conditions as at the time of delivery as stated above. Once we have received your order - duration depending on where you send from – and all requirements have been met you will be notified by email. Your refund will be issued within 14 days after receipt by Salle Privée of the returned Product, based on the original form of payment. For practical information on how to return and for refund timelines, see the Returns section of the Website.
- Product exchange
You can exchange a Product for a different size or color. You can request the exchange online, for further instructions and detailed information on exchanges and returns please see the Returns section on the Website. If you would like a different style, you will have to return the Product and place a new order on the Website.
- Risk of return shipment
Salle Privée offers a free return policy, executed by UPS. We strongly advise you to use the pre-paid UPS return label we enclosed to ensure the shipment is secured. If you wish to do otherwise, please note that the costs for the shipment will not be compensated; you can send the items to the following address:
BLECKMANN WORLD FASHION CENTER
ATT: Salle Privée
KONINGIN WILHELMINAPLEIN 13
3 K 16-17
1062 HH AMSTERDAM
If you return to the address stated above - you yourself are responsible for shipping the Product to our distribution Centre. In case we do not receive the Product, we are in no way liable for loss of the Product. The burden of proof that a Product is delivered to us is on you or the company used for shipping.
- Complaints about the performance of the agreement and goods must be submitted within 7 days after the consumer has identified the defects.
- Complaints submitted shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Salle Privée will reply within 14 days with a notice of receipt and an indication when you can expect a more comprehensive response.
- If a complaint is found to be well founded, Salle Privée will either replace or repair the goods.
- If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
- In case of complaints, a consumer must first contact Salle Privée. In case of complaints that can not be resolved by mutual agreement, you have the opportunity to handle his complaint through the European ODR platform. The decision is binding and both Salle Privée and the consumer agree with this binding verdict. Provision of a dispute might involve costs to be paid by the consumer to the relevant committee.
10. GIFT CARD TERMS & CONDITIONS
- Gift cards may be used for online purchases only.
- All gift cards are valid indefinitely.
- Gift cards can be redeemed against all purchases.
- Gift cards are non-transferable and may not be returned or redeemed for cash.
- If your order total is less than the value of the gift card, the remaining balance will be credited to your account and will be redeemed against subsequent orders.
- All remaining balances exceeding the value of your gift credit must be paid by credit or debit card.
- If you return Products you have purchased using a gift card, the refunded balance will be credited to your account as credit and will be redeemable against subsequent orders.
- Salle Privée is not responsible if a gift card is lost, stolen, destroyed or used without permission.
11. INTELLECTUAL PROPERTY RIGHTS
Salle Privée owns all intellectual property rights in the Website and in the material published on it. These works are protected by copyright, design and trademark laws around the world. All such rights are reserved. You may print off one copy, and may download extracts of any page(s) from the Website only to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Salle Privée’s status as the owner of content on the Website must always be acknowledged.
You may not use any part of the content on the Website for commercial purposes without obtaining a license to do so from Salle Privée. If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If Salle Privée fails to comply with these Terms and Conditions, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if you and we contemplated it at the time we entered into the contract.
In the event you have suffered damages as a result of our activities related to your purchase(s) of our Products through the Website, our liability will be limited to:
- a) damage to the Products;
- b) reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
- c) reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).The maximum reimbursement of the above damages will (if applicable) be the purchase price of the Products concerned.
Salle Privée will never be liable for any loss, of whatever nature, caused by Salle Privée having used incorrect and/or incomplete data provided by you or on your behalf.
- Third party
We shall not be liable for damage incurred by a third party resulting from the use of any of our Products. We shall not be liable for damage incurred by you as a result of your improper use of any of our Products.
- Electronic communications
Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can't be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
- Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Dutch law.
Due to the different settings of each computer, colors and fabric details on the images shown on our website may differ from the original colors and fabrics. We strive to display and describe our Products as accurate as possible and therefore cannot be held responsible for such discrepancy. If you are unsatisfied with your Product, please see section 8 “Returns and Cancellations” on how to return the goods.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on the Website, whether express or implied.
- Commercial use
Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. FORCE MAJEURE
In the event Salle Privée is prevented from meeting its obligations under a Contract as a result of circumstances that occurred through events outside its control. Such situations include, but are not limited to war or danger of war, terrorism or threat of terrorism, civil war, rioting, revolution, strikes, willful damage, failure of electricity, telephone or internet services, natural disasters, limited transport possibilities due to weather conditions and traffic congestion or similar events. In the event of Force Majeure, Salle Privée will contact you as soon as reasonably possible to notify you. However, we could without any notice of default being required and without being obliged to pay any compensation, be entitled to terminate the Contract partially or fully or suspend for the duration of the situation of force majeure. Our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the events outside our control. You may also cancel the Contract if certain events take place and you no longer wish us to provide the Products.
14. ACCESS TO THE WEBSITE
15. INFORMATION ON THE WEBSITE
Although the Website is compiled with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or any incorrectness, or incompleteness of the Website.
16. LINKED SITES
The Website provides links to external Internet sites. We shall not be liable for the use or the content of Internet sites that link to this site or which are linked from it.
17. USER GENERATED CONTENT
If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other information (including info on bulletin boards, chat rooms or other forums on the Website) (hereafter "User Generated Content"), on the Website, or if you send such User Generated Content through the Website to Salle Privée, ownership of any existing and future intellectual property rights and other rights in the User Generated Content is hereby automatically transferred to Salle Privée. To the extent such transfer is not valid, you grant to Salle Privée, by submitting the User Generated Content to Salle Privée, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), your User Generated Content for any purposes as we deem fit, including but not limited to, developing, manufacturing and marketing Products and services and creating, modifying or improving the Website or other Products or services.You warrant that any User Generated Content or other information which you send to the Website is not, and does not contain, material which is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law. You warrant that all material submitted to us is original to you, and not copied in whole or part from any third party.
Salle Privée does not, and you agree that Salle Privée has no obligation to, review the User Generated Content and that Salle Privée is not in any manner responsible for User Generated Content.
You acknowledge that by providing you and others with the ability to access and view User Generated Content on the Website, Salle Privée is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.
Notwithstanding the foregoing, you acknowledge and agree that Salle Privée has the absolute right to monitor User Generated Content posted to the Website in its sole discretion.You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify Salle Privée in writing of any objectionable content appearing on the Website.
Any use of any content on the Website, including, without limitation, User Generated Content, will be at your own risk.
18. TRANSFER OF THE CONTRACT
We may transfer our rights and obligations under a contract to a third party, but this will not affect your rights or our obligations under the Contract. You may only transfer your rights or your obligations under a Contract to another person if we agree in writing.
19. SEVERABILITY AND WAIVERS
Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21. APPLICABLE LAW
These Terms and Conditions, each Contract and non-contractual obligations arising out of or in connection with it shall be exclusively governed by Dutch law. Any disputes arising out of or in connection with the Terms and Conditions, a Contract and any non-contractual obligations shall be exclusively submitted to the relevant court in Amsterdam, the Netherlands.
Last updated the 31st of May 2017