GENERAL TERMS AND CONDITIONS
The website (the “Website”) is a platform intended to enable users to discover and purchase Made in Italy handbags made for women by designer Aspassia Tagliente (hereinafter referred to as the “Products”). The Website belongs to:
Aspassia Tagliente BVBA
Enterprise number: BE 0720.861.33
(referred to hereinafter as the “Aspassia Tagliente”).
Internet users wishing to buy Products are referred to in these Terms and Conditions as the “Customers”.
The Customer, by purchasing one or more Products offered on the Website is presumed to have acknowledged the present general terms and conditions (the “GTC”) and have read, understood and expressly agreed to be bound by these GTC.
Aspassia Tagliente reserves the right to change these Terms and Conditions from time to time by changing them on the Website, although no such change will affect any order the Customer has already placed.
Article 1 – Scope of the GTC
The present GTC govern the rights and obligations of the Parties (as defined hereunder) arising out of the online sales of Products offered on the Website belonging to Aspassia Tagliente. Although the Website is aimed to reach worldwide Customers and for worldwide sales, Aspassia Tagliente provides all its services from Belgium, and the contract between the Parties will be deemed to be performed in Belgium, dispatching to different countries.
These Terms and Conditions apply to all Products sold via the Website and prevail over any and all other terms and conditions on the part of Aspassia Tagliente or the Customer. They may not be varied without Aspassia Tagliente’s express prior written consent.
Article 2 – Access and acceptance
In order to successfully proceed to any and all orders to buy the Products offered on the Website, the Customers must have the legal capacity as defined under the applicable laws and regulations. Should the Customer not have the required legal capacity, its legal representative is entitled to proceed with any and all orders and to buy the Products on the Customer’s behalf.
The GTC are effective as of 21 December 2019. The GTC applicable to the Customer’s order are those in effect at the time the order is placed on the Website.
Aspassia Tagliente reserves the right to adopt and modify these GTC.
Article 3 – Products
The Products offered and owned by Aspassia Tagliente are those as they appear on the Website at the time the Customer implements its order subject to those Products being available. Aspassia Tagliente cannot however be held liable for Products not being available or for any losses which might arise as a result. Should one or more Products in an order not be available, Aspassia Tagliente will inform the Customer via e-mail or in writing that it has cancelled the order wholly or in part or split it.
Aspassia Tagliente attempts to be as accurate as possible in the description of the Products. However, Aspassia Tagliente cannot guarantee that such descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although Aspassia Tagliente attempts to display the colours accurately, it cannot accept any liability for any errors which may appear in the descriptions of the Products or photographs, including slight variations in colours and dimensions.
The Products sold are supplied for the Customer’s domestic and private use only. The Customer agrees that it will not use the Products for any commercial, business or re-sale purposes.
Article 4 – Ordering of Available Products
This article applies for such orders placed by the Customer for Products that are available in Aspassia Tagliente’s stock (the “Order for Available Products”)
When the Customer places an Order for Available Products, the Customer will be required to provide its personal details. In particular, the Customer must provide its real name, phone number, e-mail address and other requested information as indicated. Furthermore, the Customer will be required to provide valid and correct payment details.
To place an Order for Available Products, the Customer selects the wished Products and clicks on ‘Add to shopping bag’. This puts the article selected in the ‘shopping bag’. The Customer can correct its Order for Available Products as long as it is in the ‘shopping bag’. The total amount that must be paid is stated clearly throughout the whole of the billing process.
In order to finalize and proceed with the Order for Available Products, the Customer is required to click on “Purchase and Proceed with the Payment” and select a delivery and payment method. Once the payment process is completed, the Order for Available Products is considered confirmed, effective and cannot be changed.
After placing the Order for Available Products, the Customer will receive a confirmation email containing all the details relating to this one, the price including VAT paid, the shipping costs, as well as information relating to the shipment and delivery. As such, in the event of complaint, Aspassia Tagliente’s contact details will also be included.
In the unfortunate event that a Product purchased by placing the Order for Available Products, is found to be unavailable, Aspassia Tagliente will inform the Customer by e-mail and will ask the bank to refund the amount paid for the Product in question immediately. How fast the refund is actually made depends on how the Customer chose to pay when placing its Order for Available Products. If the Customer paid by credit card, the refund will appear on the next following monthly statement for that credit card. Aspassia Tagliente will in any case make the refund within 30 days.
Article 5 – Pre-Ordering
Due to Aspassia Tagliente’s conscious fashion approach, some of the Products offered on the Website are not available for immediate purchase by the Customer (the “Exclusive Products”). For these Exclusive Products, the Customer is offered the opportunity to pre-order them on the Website (the “Pre-Order”).
Accordingly, this article applies for such Pre-Orders placed by the Customer for Exclusive Products.
When the Customer places a Pre-Order for Exclusive Products, the Customer will be required to provide its personal details. In particular, the Customer must provide its real name, phone number, e-mail address and other requested information as indicated. Furthermore, the Customer will be required to provide valid and correct payment details.
To place a Pre-Order, the Customer selects the wished Exclusive Products and clicks on ‘Pre-Order Now’. This puts the article selected in the ‘shopping bag’. The Customer can correct its Pre-Order as long as it is in the ‘shopping bag’. The total amount that must be paid is stated clearly throughout the whole process.
In order to finalize and proceed with the Pre-Order, the Customer is required to click on ‘Pre-Order the Exclusive Products’ and to provide delivery and valid bank details. By clicking on ‘Pre-Order the Exclusive Products’, the Pre-Order is considered confirmed, effective and cannot be changed. The Customer is required to proceed with the payment of its Pre-Order on that moment.
After placing the Pre-Order, the Customer will receive a confirmation email containing all the details relating to this one, the price including VAT, as well as information relating to the shipment. As such, in the event of complaint, Aspassia Tagliente’s contact details will also be included.
Once the Exclusive Products become available, Aspassia Tagliente will inform the Customer by email. Similarly, in the unfortunate event that Aspassia Tagliente cannot proceed with the creation of the Exclusive Products, the Customer will be informed by email that the purchase is annulled and that, therefore, Aspassia Tagliente will proceed with the reimbursement of the paid amount. The amount shall be reimbursed within 30 days following the email informing the Customer that its purchase of Exclusive Product is annulled.
Article 6 – Shipment and Delivery
The shipment date depends on the type of order that was passed:
- Order for Available Products: The Products will be shipped at the date set out in the email confirmation or, if no shipment date is specified, then within 30 days after the date of the email confirmation, unless there are exceptional circumstances.
- Pre-order: The Exclusive Products will be shipped between 4-12 weeks from the date that the Pre-Order is confirmed.
For both scenarios, Aspassia Tagliente will send an email to the Customer once the Product is shipped.
For both types of orders, Products will be delivered to the delivery address as stated by the Customer during the ordering process. Deliveries are made by our trusted couriers and take place on Monday to Friday (or other normal working week days in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place.
Article 7 – Price and Payment
With regard Orders of Available Products, the prices indicated on the Website are denominated in euros, are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs and of custom duties that may be applicable from time to time depending on the place of delivery. The shipping costs will be charged separately in respect of each Order. As for the custom duties, given that these are not within Aspassia Tagliente’s control, the amount and the procedure of payment cannot be pre-determined. The total purchase price due will be indicated when the order is placed and when the order is confirmed via email.
With regard Pre-Orders of Exclusive Products, the prices indicated on the Website are denominated in euros, are inclusive of Value Added Tax (VAT) and are inclusive of shipping costs. By contrast, the custom duties that be applicable from time to time depending on the place of delivery are excluded in the overall price. The Customer will therefore need to bear the costs of the custom duties and the amount and the procedure of payment cannot be pre-determined by Aspassia Tagliente.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which Aspassia Tagliente has already sent an email confirmation.
Payment for all orders must be made by credit or debit card on the checkout page. Aspassia Tagliente accepts payment by most major credit and debit cards:
- American Express
By purchasing a product, the Customer confirms that the credit/debit card or payment method that is being used is of the Customer and that all details you provide, including name and address details are complete, correct and accurate. The Customer further confirms that the credit/debit card is valid and the payment details are correct.
Article 8 – Statutory Warranty
Aspassia Tagliente warrants that the Products offered for sale do not suffer from any visible or latent defects which render the Product impossible or dangerous to use. This warranty is without prejudice to the statutory rights the Customer has under their national legislation.
The Customer is guaranteed against any non-compliance which exists when a Product is delivered and which manifests itself within two years of being delivered. This two-year period will be suspended for as long as it takes to repair or replace the product or should Aspassia Tagliente and the Customer be involved in negotiations with a view to settling matters amicably.
Customers must contact Customer Service should they wish to invoke this warranty immediately, and must notify Aspassia Tagliente of the non-compliance via Customer Service in writing in any case within two months of discovering the defect.
They must get in touch via the contact form which can be found under the ‘Contact’ option and follow the instructions on screen. The report will then be sent to Customer Service automatically; they can also be reached at email@example.com
Under no circumstances does the warranty apply to Products, which are damaged intentionally or by the Customer’s negligence; nor does it apply if the damage is due to sleet, transport or incorrect use.
Article 9 – Right to revoke and return
A Customer that is not a business customer, has the right within a period of 14 calendar days as of it has received the Product to revoke its order without being liable to pay any damages on that account and without having to give any reasons. In order to do so, the Customer has to send an email to the following address: firstname.lastname@example.org
The right to revoke in respect of Products delivered only applies provided the Product is also actually returned within 14 calendar days of the Customer notifying Aspassia Tagliente that it wishes to revoke its order.
The Product revoked must be sent back as new in its original packaging, in perfect condition and accompanied by the original sales invoice (of which the Customer retains one copy). Any returns for which the sender cannot be identified will be refused. After the 14 calendar days, Aspassia Tagliente can no longer accept returns and will return them to the sender.
Returns must be sent to the address below:
Aspassia Tagliente BVBA
The costs and risks involved in returns will be borne by the Customer. Customers may send returns back to us at own cost, with a carrier of choice.
Purchases will be refunded within 14 calendar days of Aspassia Tagliente receiving returns in good time, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Customer actually paid.
Article 10 – Intellectual Property
Contents included on the Site (logos, images, texts, videos) are the intellectual property of Aspassia Tagliente. It is prohibited to copy or reproduce part of this Site, and unauthorized use of it will be prosecuted.
Article 11 – Governing Law and Jurisdiction
The validity, interpretation and/or the performance of these GTC and of all transactions on this Website are governed by Belgian law, to the fullest extent permitted by the rules of applicable international private law.
Any disputes relating to the validity, interpretation and/or the performance of these GTC and of all transactions on this Website, 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.
Without prejudice to the above, Customers residing in Europe and wishing to settle the dispute out-of-court can also use the online platform for alternative dispute resolutions established by the European Commission for resolving any dispute stemming from these GTC and from transactions on this Website. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
Article 12 – Data Protection
Article 13 – Complaints
Should a Costumer have a complaint about Aspassia Tagliente, it should contact Aspassia Tagliente by sending an email to email@example.com. Full details of the Customer’s order (full name, purchase number, date, contact details etc.) need to be provided.