Terms and Conditions of Sale

Any individual visiting the website www.fabiennedelvigne.com or purchasing a product from Maison Fabienne Delvigne is referred to in these Terms and Conditions as the «Customer».

Any order for a product offered on the site implies prior consultation and therefore expressly entails the Client's acceptance of these General Conditions of Sale.

All orders placed on the website are subject to these Terms and Conditions of Sale. Maison Fabienne Delvigne reserves the right to amend or modify these terms at any time; the version of the Terms and Conditions of Sale applicable to any transaction shall be the one published on the website at the time the order is placed.

The validation of the purchase order is considered an electronic signature, having the same value between parties as a manual signature, and serves as proof of the completeness of the order and the enforceability of sums due in execution of said order.

The sales contract may be concluded in French, Dutch or English, at the Customer's choice.

These General Terms and Conditions define the rights and obligations of the parties arising from the online sale of products offered on the website. www.fabiennedelvigne.com belonging to the Maison Fabienne Delvigne.

These Terms and Conditions apply to all sales of products made via the website and take precedence over any other terms and conditions issued by Maison Fabienne Delvigne or the Customer. Any deviations from these Terms and Conditions must have been the subject of a prior, explicit and written agreement by Maison Fabienne Delvigne.

The Customer declares that they are a natural person of legal age and have legal capacity. A person who has been declared legally incompetent may not purchase products on the Maison Fabienne Delvigne website – and therefore may not act as a Customer – and must make purchases through their legal representative.

Any order placed on the website www.fabiennedelvigne.com train the client's unreserved acceptance of these terms.
Furthermore, the Client explicitly accepts these General Terms and Conditions of Sale by clicking on a box or ticking a box next to the mention («I accept the General Terms and Conditions of Sale»).

These General Terms and Conditions of Sale are permanently accessible at the following address: www.fabiennedelvigne.com in a computer-readable format allowing them to be printed. Each Client is therefore offered the opportunity to save and/or print them.

The products offered by Maison Fabienne Delvigne are those shown on the website at the time the Customer places their order, subject to availability.

Maison Fabienne Delvigne is committed to doing everything in its power to fulfil all orders.

Notwithstanding this, Maison Fabienne Delvigne cannot be held liable for the unavailability of a Product, nor for any damage that may result therefrom. If one or more Products in an order are unavailable, Maison Fabienne Delvigne will inform the Customer by email that their order has been cancelled in full or in part, or split.

If a product is found to be out of stock and the Customer is notified of this after they have already paid for their Products, Maison Fabienne Delvigne will immediately ask its bank to refund the amounts paid. The Customer will be notified of this by email. The speed at which the actual refund is processed depends on the payment method used by the Customer to make their purchase. If the purchase was made by credit card, the refund will appear on the next monthly credit card statement. If the Customer feels that the refund is taking too long, they are advised to contact their bank.

In any event, Maison Fabienne Delvigne will issue a refund within 30 working days.

All products offered for sale on the Website are described to the best of our knowledge and belief as accurately as possible. However, the photographs appearing on the website are not contractually binding. As the products are handmade, the final product may vary slightly from the model shown, without this being considered a defect. La Maison Fabienne Delvigne accepts no liability for any errors in the Product descriptions or photographs, including, but not limited to, slight differences in colour, trimmings or sizes.

The prices are the prices mentioned on the website at the time the Customer places their order. The prices are shown in euros, including VAT. The applicable VAT rate is the one in force in the country of origin, i.e. Belgium, regardless of the country of destination.

The prices of products do not include delivery charges. These charges will be billed additionally to the Customer, who will have to pay them on top of the purchase price. If a discount has been granted to the Customer, this will be deducted from the price separately.

For Switzerland and all other countries outside the European Union, the selling prices shown are considered tax-exclusive and will therefore not be subject to a VAT deduction. The Customer acknowledges that they are considered the official importer and that, depending on the country of delivery chosen at the time of the order, they may have to pay customs and/or import duties in accordance with the legislation in force in that country.

Maison Fabienne Delvigne reserves the right to change retail prices and delivery charges at any time. However, products and charges will always be invoiced on the basis of the prices in force at the time the order is placed, provided that the products are available.

The Customer agrees that Maison Fabienne Delvigne may send their invoice electronically.

The products remain the property of Maison Fabienne Delvigne until they have been paid for in full by the Customer, i.e. until the purchase price and delivery charges have been settled in full.

Payment for all purchases must be made online by Visa, Mastercard or Bancontact (in Belgium) at the time of ordering. No cash on delivery will be accepted, for whatever reason.

By providing their credit card number, the Customer authorises Maison Fabienne Delvigne to debit their account for the full amount of their order. The Customer is debited following confirmation of the purchase, and payment is only finalised once the Customer’s bank has authorised Maison Fabienne Delvigne. If the bank refuses the payment, the order is automatically declined.

The Customer warrants that they are authorised to make online payments using one of the payment methods listed above and that the bank account linked to the credit card or Bancontact has sufficient funds to cover all costs incurred by the transaction. Failing this, Maison Fabienne Delvigne may refuse the order.

Purchases are processed securely. Maison Fabienne Delvigne works with a payment platform (hereinafter referred to as «the Payment Provider») to process online payments. The Payment Provider provides a secure payment system. This system is independent of Maison Fabienne Delvigne, which is not and cannot be held liable for its operation. All information provided during payment is strictly protected and ensures the compliance and security of each transaction. Maison Fabienne Delvigne has no access to this confidential data and does not store it either.

The data recorded and stored by Maison Fabienne Delvigne constitutes proof of the order and of all transactions carried out. The data recorded by the payment system constitutes proof of the financial transactions.

Maison Fabienne Delvigne reserves the right to refuse any order from a Customer with whom a dispute is currently ongoing or with whom a dispute has arisen in the past. Maison Fabienne Delvigne may also refuse an order in the event of non-payment or partial payment of a previous order.

Notwithstanding any evidence the Customer may have, it is expressly agreed that only the data recorded in the IT system of Maison Fabienne Delvigne, its hosting partner or the Payment Service Provider shall constitute proof of the communication and content of the order, as well as all transactions that have taken place between the Parties.

Placing an order on the website is subject to compliance with the procedure established by La Maison Fabienne Delvigne, which involves a series of steps that the Customer must follow in order to confirm their order. Before definitively confirming their order, the Customer will have the opportunity to check the details of the order and its total price, and to correct any errors, before confirming it to express their acceptance. Any order confirmed by the Customer constitutes a contract of sale and acceptance of all the terms and conditions set out herein.

To validate their order, the Customer must register on the website – if they do not already have an account – and must choose a delivery and payment method. The total amount payable is clearly displayed throughout the checkout process. The order becomes final and can no longer be modified once payment has been made.

When entering their personal details in the «My FD» section, customers must ensure that the mandatory information they provide is accurate and complete. In the event of an error in the recipient’s contact details, Maison Fabienne Delvigne cannot be held liable for any failure to deliver the product

A confirmation email summarising the order (products, prices, product availability, quantities, etc.) will be sent to the Customer. To this end, the Customer expressly agrees to the use of email by Maison Fabienne Delvigne to confirm the details of their order.

The Customer will then receive a second email, at the time of dispatch of the order, with a tracking code for their parcel.

Non-compliance by a person with the obligations undertaken under these General Terms and Conditions of Sale, and in particular concerning any incident of payment of the price of an order, may result in the suspension of access to the service. fabiennedelvigne.com, or even the termination of their account depending on the seriousness of the conduct in question, without prejudice to any damages that Maison Fabienne Delvigne may claim. Consequently, la maison Fabienne Delvigne reserves the right to refuse any order from a person with whom such a dispute exists.

All contractual information relating to the order will be provided to the Customer in the language they selected upon registration, at the time their order is confirmed.

At the time of order confirmation, the Customer will be asked to specify a particular address (home, work or other) for delivery. Delivery will be made to the delivery address indicated by the Customer, it being understood that this must be the Customer's residential address, their place of work, or the address of any other natural person of their choice. Delivery cannot be made to post office boxes.

To ensure the delivery deadline is met, the customer must provide accurate and complete information regarding the delivery address (such as, but not limited to: street number, building, stairwell, access codes, intercom names and/or numbers, etc.).

Delivery will be carried out by a service provider (hereinafter referred to as the «Delivery Service Provider») selected by Maison Fabienne Delvigne. The latter cannot be held liable for the delivery process or delivery times once the Product has left its premises. In the event of loss, the Customer must contact the Delivery Service Provider.

In addition to production lead times, the delivery times stated are provided for information purposes only and represent average processing and delivery times. Maison Fabienne Delvigne undertakes to keep the Customer informed of the progress of their order. No delay in delivery shall entitle the buyer to terminate the sales contract or to claim damages from us.

Upon delivery, the Customer is required to carefully examine the goods received and to note in writing any issues identified on the Delivery Service Provider's delivery note. In the absence of such written notification, the Customer shall be expressly deemed to have accepted the goods as delivered, in the stated condition and quantity, and hereby releases us from all liability in this regard.

If the Customer fails to accept delivery in accordance with the options provided by the Delivery Service Provider and the order is returned to Maison Fabienne Delvigne, we will contact the Customer by email to arrange a new delivery of the order. Additional charges payable by the Customer may therefore be incurred. In the absence of a response from the Customer or receipt of this new delivery, the order will be deemed to have been fully fulfilled without Maison Fabienne Delvigne being obliged to make any refund.

The ordered Products are delivered to the delivery address indicated by the Customer during the order process and in accordance with the conditions described therein.

Orders can be delivered worldwide. However, Maison Fabienne Delvigne reserves the right to refuse delivery to a particular country and/or to a country where the delivery provider does not offer a delivery service. In this case, the Customer will be asked to provide a delivery address in another country. If the Customer is unable to provide an alternative address, Maison Fabienne Delvigne will cancel the order and issue a refund on the grounds of inability to deliver, without the Customer being entitled to claim any compensation.

Maison Fabienne Delvigne reserves the right to split the order into one or more deliveries, depending on the availability of the Products. Each delivery will be notified by email. The delivery will be accompanied by a delivery note setting out, amongst other things, the details of the goods delivered.

Unless otherwise stated on the website, the Customer, if a private individual, has a 14-day right of withdrawal. Within 14 calendar days from the day after receipt of the parcel, the Customer must inform Maison Fabienne Delvigne of their intention to exercise their right of withdrawal.

The Customer may exercise their right of withdrawal and request a return via the website, in the «My Account» section.

All orders can be found in the «My Account» section, under the «My Orders» sub-section. By clicking on «View Order» for the relevant order, the Customer can submit a return request by completing the appropriate form. The form must be completed in its entirety. All returns must be preceded by a prior request. The date the form is submitted will be considered as proof for the 14-day withdrawal period.

The right of withdrawal for delivered Products applies only provided that the Product is actually returned within 7 calendar days of the Customer notifying Maison Fabienne Delvigne of their intention to cancel their purchase.

The product subject to a return must be sent back in new condition, unworn, complete, in its original packaging, and accompanied by the original sales invoice (a copy of which the Client retains) as well as a printed copy of the duly completed return document (form). Any return where the sender cannot be identified or which does not comply with the defined return conditions will be refused.

Once the aforementioned 7-day period has expired, Maison Fabienne Delvigne will no longer be able to accept the return, which will be returned to the sender at their expense. No returns can be accepted via Maison Fabienne Delvigne’s physical stores. The return must be sent to the following address, which is also clearly stated on the return form:

Fabienne Delvigne
eShop return
8 Rue André Fauchille
1150 Brussels

 

All returns are made at the Client's own expense, risk and peril.

Maison Fabienne Delvigne reserves the right to offer the Customer an exchange or modification of the purchased product. Should the Customer not accept this offer from Maison Fabienne Delvigne, a refund for the purchase will be issued within 30 calendar days of Maison Fabienne Delvigne receiving the return in due time, provided that all the conditions described above have been strictly complied with. In any event, the amount refunded shall never exceed the amount actually paid by the Customer for the Product.

This repayment will take place in accordance with the following terms and conditions:

If the Customer has paid for their order using a credit card, a credit will be issued to the credit card used by the Customer to pay the purchase price of the returned items, after inspection of the said items and deduction of any sums owed or vouchers or discounts used to pay for the order. The refund to the Customer will be made according to the terms agreed with the card-issuing bank.

Maison Fabienne Delvigne guarantees that the products offered for sale are free from any visible or hidden defects that would prevent the product from being used or render its use dangerous.

Customers can contact Customer Service via the form on the Website for any questions relating to the product purchased.

Maison Fabienne Delvigne shall in no circumstances be held liable for any direct or indirect loss or damage (including, but not limited to, business interruption, loss of profit or loss of business opportunities) arising from the use of or the unavailability of the website.

Maison Fabienne Delvigne is also not liable for any damage caused to the Customer’s systems as a result of visiting the website, such as, but not limited to, the presence of external Trojan horses or computer viruses.

Maison Fabienne Delvigne cannot be held liable for any errors in the photographs or text used to describe the Products on the Websites.

Maison Fabienne Delvigne cannot be held liable for any failure to deliver orders due to stock running out or for reasons beyond its control, including cases of force majeure, such as, amongst others, disruption or cessation of transport, postal or communication services, flooding or fire, or any disruption or damage inherent in the use of the network.

In any case where the liability of Maison Fabienne Delvigne is or may be incurred, such liability shall be limited to the amount actually paid by the Customer for the order in question

Any order implies the customer's full and unreserved acceptance of the general terms and conditions of sale. These general terms and conditions of sale are governed by Belgian law. Only the courts of the judicial district of Brussels shall have jurisdiction to settle any disputes that may arise between the parties concerning the contract.

In the event of any difficulty or complaint regarding an order, customers can contact Customer Service to find an amicable solution: contact@fabiennedelvigne.com

If he has questions about his purchase or For general enquiries, customers can contact Maison Fabienne Delvigne via the contact form Available on the site.

Maison Fabienne Delvigne may amend these General Terms and Conditions of Sale at any time, including to comply with legal obligations. Any amendments published on the website will apply to all subsequent offers or orders.

Maison Fabienne Delvigne reserves the right to modify the design and content of its website at any time. Customers are free to deactivate their account following any changes to the Terms and Conditions, the layout or the content of the Website, via the «My Account» section on the Websites – under the «My Personal Data» sub-section.

If one or more of the articles of these General Conditions were to be declared null or unenforceable by a court decision, this decision would have no effect on the validity and applicability of the other articles and paragraphs of these General Conditions, as well as on the contract between the parties.

The website fabiennedelvigne.be or www.fabiennedelvigne.com (the «Website») is a site showcasing the expertise and online sales of products (hats, headwear, bags, jewellery and other accessories) from the «Fabienne Delvigne» brand (the «Product») owned by ABELLINA SPRL, with its registered office at 8 Rue André Fauchille, 1150 Brussels, Belgium, and company number BE 0834594928, telephone +32 2 735 90 41 (hereinafter referred to as «Maison Fabienne Delvigne»).

Access to the Site and the use of its content are governed by the terms of use described below. By accessing and browsing the Site, the internet user (the ’Internet User« or »You«) accepts the following provisions without reservation.

All elements, including but not limited to the text, the database containing all data published on the website, the layout and graphic design of the web pages, the sales catalogue, the Fabienne Delvigne logo and the FD logo, the photographs, images, videos and music on the Website are protected worldwide by copyright, database rights, trade mark rights, patent rights and other forms of intellectual property rights. They therefore remain the exclusive property of Maison Fabienne Delvigne.

Any form of copying, publication, infringement or other use of any kind is therefore prohibited without the prior written consent of Maison Fabienne Delvigne. Such consent must be obtained in writing, unless Maison Fabienne Delvigne has itself provided for the possibility of sharing certain elements via social media. In such cases, consent is limited to those specific elements and to the specific social media platforms for which Maison Fabienne Delvigne has provided for the possibility of sharing. Any breach of this clause will be subject to legal proceedings.

Press cuttings (publications), press photographs (including «Royal» photos) and press releases featured on the website remain the legal property of their authors and are published on the Website solely for reference purposes and/or to showcase the expertise and/or exclusive creations of Maison Fabienne Delvigne. The source of these items is generally specified on the Website. The sharing of these items via social media is the sole responsibility of the User. In this context, and under no circumstances, may Maison Fabienne Delvigne be held liable for any infringement of intellectual property rights by the User, even if the option to share such content via social media is provided on the Website.

 

Maison Fabienne Delvigne endeavours, to the best of its ability, to ensure that the information published on the Website is accurate and up to date, and reserves the right to correct the content at any time and without notice. However, Maison Fabienne Delvigne cannot guarantee the accuracy, precision or completeness of the information made available on the Website, which does not constitute a guarantee or a commitment on the part of Maison Fabienne Delvigne towards the user.

In particular, Maison Fabienne Delvigne cannot be held liable for:

of any imprecision, inaccuracy, or omission concerning information available on the Site; ;
for any damage resulting from a third-party computer intrusion that has led to modification of the information made available on the Site; ;
and more generally, for any damages, direct or indirect, whatever their causes, origins, nature and consequences, caused by access by anyone to the Site or the impossibility of accessing it, as well as by the use of the Site and/or any credit granted to any information originating directly or indirectly from it.
Please note that Maison Fabienne Delvigne has no control over the risks associated with the operation of the internet and draws users’ attention to the potential risks regarding the confidentiality of data transmitted via this network.

Maison Fabienne Delvigne hereby informs users of the Website that these terms and conditions may be amended at any time. Such amendments shall be published online and shall be deemed to have been accepted without reservation by any user who accesses the Website after they have been published online.

If you have any questions regarding the use of the Website and/or these terms and conditions, or if you wish to make a request to Maison Fabienne Delvigne, you may send a message via the contact form available on the website.

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