Terms and Conditions
The e-commerce site www.electedbe is an online sites selling clothes and accessories. De site belong to "Elected" situated at Georges Deryckerstraat 20, 7711 Dottenijs, Belgium, company registration no.: BE0640.922.748 , email: [email protected] (referred to hereinafter as 'Elected').
Internet users wishing to buy Elected Products are referred to in these General Terms and Conditions as 'the Customer'.
By ordering any Product offered on the Site, the Customer is presumed to have consulted the General Terms and Conditions as set out in Article 2 and accepted them expressly.
Validating an order form is deemed to be equivalent to an electronic signature which has the same value between the Parties as a written signature and serves as evidence that the order is complete and proper and that the amounts due may be claimed in performing that order.
The contract for sale may be concluded in Dutch, French or English, as the Customer wishes.
Article 1 – Scope of application
The present General Terms and Conditions govern the rights and obligations of the Parties arising out of the online sales of Products offered on Site belonging to Elected, Belgium. Although the Site is aimed at Belgium, France, the Netherlands , Germany and Luxemburg, Elected 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 General Terms and Conditions apply to all Products sold via the Sites and prevail over any and all other terms and conditions on the part of Elected or the Customer. They may not be varied without Elected's express prior consent in writing.
Article 2 – Capacity in law and Acceptance
Anyone wishing to buy Products from Elected must have capacity to act in law. Should anyone be declared without capacity, they may not buy any Products on Elected's Site and so acquire the capacity of Customers. They must then purchase via their lawful representatives.
The Customer accepts these General Terms and Conditions expressly by clicking on a tick or putting a cross against the words “I agree with the Terms & Conditions”.
The Customer has been able to download and print these General Terms and Conditions.
Article 3 - Products
The products that Elected offers are those as they appear on the Sites at the time the Customer implements their order subject to those Products being available.
Elected agrees to make every effort to deliver all orders.
Elected 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, Elected will inform the Customer via e-mail or in writing that it has cancelled his or her order wholly or in part or split it.
Should Products be found to be unavailable and the Customer is informed of this but they have already paid for their Products, Elected will ask its bank to refund the amount paid immediately, informing the Customer by e-mail accordingly. How fast the refund is actually made depends on how the Customer chose to pay when making their purchase. If they paid by credit card, the refund will appear on the next following monthly statement for that credit card. Should the Customer find the refund is taking an abnormal length of time, they are advised to contact their bank.
Elected will in any case make the refund within 14 days.
All Products offered for sale on the Site are described in good faith and conscientiously and as accurately as is possible; but the photographs on the website are of no contractual value whatsoever. Elected 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.
Article 4 – Prices and Invoicing
Prices are those as shown on Site at the moment the Customer places their order.
Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs unless expressly stated otherwise.
Product and service prices do not include transport costs: these will be charged separately, and the Customer must pay them in addition to the purchase price. Any discount the Customer is allowed will be deducted from the price separately.
Elected reserves the right to vary selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the e-mail which confirms the order. These are the prices that applied at the time of purchase, provided the Products were available.
The Customer agrees to Elected sending its invoices electronically; but if the Customer would like a hard copy invoice, they can simply request one via [email protected]
Products will remain Elected's property until such time as the Customer pays for them in full, i.e. until they pay the purchase price and costs in full.
Article 5 – Payment methods
Purchases can only be paid for online, by Visa, MasterCard, American Express, Carte Bleue, Maestro, Bancontact/Mister Cash, Giropay, Sofort banking, ideal and bank transfer. The Customer's bank account will be debited once the purchase has been confirmed, and payment will not take effect until such time as the Customer's bank has given its consent to Elected. Should the Customer's bank refuse payment, the order will be refused automatically.
The Customer warrants they are authorised to make payments by one of the payment methods as stated above, and that there are sufficient funds in the bank account linked to the credit card to cover all the costs arising out of the transaction, failing which Elected may refuse the order.
For the safe handling of the online payment Elected works with MultiSafepay. MultiSafepay has over 15 years online experience as payment service provider. As a specialist in online payments MultiSafepay guarantees you a very safe and smooth handling. Elected has no access to its Customers' confidential payment details, nor does it keep them.
Elected reserves the right to refuse any order from a Customer with whom it is in dispute or who has brought a dispute in the past. Elected may also refuse an order should the Customer not have paid for a previous order, wholly or in part.
Article 6 – Ordering Products
Notwithstanding any evidence the Customer may have in writing, it is expressly agreed that data registered in Elected's IT systems, those of its hosting partners or Internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.
To place an order, the Customer goes to the heading of their choice, chooses the color and size they wish to receive and then click on ‘Add to shopping bag’. This puts the article selected in the ‘shopping bag’. The Customer can correct their order as long as they are in the ‘shopping bag’. If the Customer wishes to confirm their order, they must select a delivery and payment method. The total amount that must be paid is stated clearly throughout the whole of the billing process. Once the payment process is completed, the order is now final and cannot now be changed.
The Customer will be sent an initial e-mail confirming their order once they have made their purchase in any case. They will then get a second e-mail when their order is dispatched.
All contractual details of the order will be communicated to the Customer in the language the Customer chose when they registered at the time they confirmed their order.
Article 7 - Deliveries
When confirming their order, the Customer can choose delivery to a given address (home, work, or other).
Should the Customer opt for delivery to a given address, Elected will do its best to ensure that that order is dispatched to that address within a few days of confirming the order. The carrier will attend that address between 08.00 and 18.00 on working days and will hand over the package(s) to the addressee or anyone else present at that address. If no-one is there, a message will be left in the mailbox of the address stated which can be used to ask for another attempt to deliver.
Should the Customer fail to arrange for redelivery within three weeks of confirming the order, or should they be out when that redelivery is made, the order will be returned to Elected automatically, who will then contact the Customer to arrange for the order to be delivered, in which case the Customer may be asked to pay additional delivery costs.
Products ordered will be delivered to the delivery address as stated by the Customer during the ordering process and then subject to the terms and conditions described therein.
Orders can only be delivered to addresses in Belgium, France, the Netherlands, Germany or Luxemburg.
Elected reserves the right to split orders into one or more deliveries as Products are available. Each delivery will be notified by e-mail. Deliveries will be accompanied by a delivery note which also gives details of the goods delivered.
In case Elected can not deliver on time, we will always notify you before the expiry of the anticipated period.
Should a delivery go missing during the delivery process, and the provisions of this article are complied with, Elected will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs. The risks of loss and/or damage pass to the Customer on delivery.
Article 8 – Right to revoke and returns
The Customer may notify Elected within 14 calendar days of receiving the Product that they wish to exercise their right to revoke without being liable to pay any damages on that account and without having to give any reasons.
Should a Customer notify Elected that they wish to revoke their contract to buy, they must do so within 14 calendar days of receiving the Product as above.
If the Product has already been delivered to the Customer, the Customer can exercise their right to revoke via the Site under ‘My account’.
The Customer can do this from when they receive the order; the order status then changes to 'delivered'. Orders can always be found under ‘My account’ at ‘My orders’. The Customer can request a 'Return' for the order concerned by clicking on ‘View order’.
The right to revoke in respect of Products delivered only applies provided the Product is also actually returned within seven calendar days of the Customer notifying Elected that they wish to revoke their purchase. Elected will be aware of this as soon as the Customer has completed the return document in full. 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) and a completed return document. Any returns for which the sender cannot be identified will be refused. After the seven calendar days, Elected can no longer accept returns and will return them to the sender. Returns must be sent to the address below, which is also stated clearly on the return document.
Elected - Web shop
Georges Deryckerstraat 20
The costs and risks involved in returns will be borne by the Customer.
Purchases will be refunded within 14 calendar days of Elected 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.
Such refunds will be made as follows:
If a Customer has paid for their order by credit card, having examined the products returned, the credit card the Customer used to pay for the products returned will be credited, less the sums due or the sales vouchers or discounts used to pay for the order. The Customer will be refunded in accordance with the procedures agreed with the bank which issued the card. If the Customer paid for their order by some other form of payment, the refund will be made by being credited to the bank account number they stated on the return voucher.
Article 10 – Statutory warranty
Elected 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 Elected 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 Elected 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’ contact and follow the instructions on screen. Or they can send an email to [email protected]
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.
Customers can contact Customer Service if they have any queries as to the warranty.
Providing this warranty and customer support is important to Elected. Therefore, all acts that may negatively affect customer service are forbidden, such as reselling the Products, relabeling the Products or exporting them outside the European Union. The Products are sold for private purposes only.
Article 11 – Intellectual property rights
The copyright in the content, image and design rests with Elected. Nothing from the shop may be copied, modified, distributed or made public in any way without the prior written consent of Elected. You can contact herefore An Vermoesen by mail at [email protected] or by phone at 0032478879025.
Visitors to this website may place a link on its own website to the website of Elected. The URL address of the website of Elected must be clearly visible. Elected is in no way responsible for the content or the privacy statement and compliance of websites who refer to www.elected.be. All hyperlinks to the website that use techniques such as framing, deep linking or inline linking is strictly prohibited.
Article 12 - Liability
Elected cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the Sites or of their being unavailable. It cannot be held liable for any damage to the Customer's systems incurred through visiting the Sites including being hacked or computer viruses.
Elected cannot be held liable for any errors which may be in photographs or text used in describing products on Sites.
Elected cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.
In any cases where Elected is or could be held liable, Elected's liability will be limited to the amount the Customer actually paid for the order concerned.
Article 13 – Disputes and governing law
Should any disputes arise between the parties concerning the agreement.
The agreement between the parties is governed by Belgian law.
Article 14 - Contact and settlement of disputes
Should they have any queries concerning their purchases, Customers can contact Elected via the contact form available in the ‘Contact’ section of the Site. Electedwarrants it will offer Customer answers within five working days.
Article 15 – Varying General Terms and Conditions of Sale and Nullity
Elected may vary the present General Terms and Conditions at any time, including to comply with its statutory obligations. Changes notified via the Website will apply to all subsequent offers and orders.
Elected reserves the right to vary the design and content of its website at any time. Customers are entirely at liberty to deactivate their accounts if the General Terms and Conditions or the layout or content of the website are changed. They can do this by going to the "My Account” section of the Site and then clicking on “My Personal Details".
Should any court decision result in any of the article(s) or paragraph(s) of the present General Terms and Conditions being null and void or unenforceable, that will not affect the validity or enforceability of the other articles and paragraphs of the present General Terms and Conditions or the agreement between the parties.