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 the Site belonging to François , Belgium. As the Site is aimed at Belgium, François will provide 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 Site, and prevail over any and all other terms and conditions on the part of François or the Customer. They may not be varied without the express prior consent in writing of François.
Article 2 - Capacity in law and Acceptance
Anyone wishing to buy Products from François must have capacity to act in law. Should anyone be declared without capacity, they may not buy any Products on François 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 François offers are those as they appear on the Site at the time the Customer implements their order subject to those Products being available.
François agrees to make every effort to deliver all orders.
François 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, François 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, François 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 choses 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.
François will in any case make the refund within 30 days.
All Products offered for sale on the Site are described in good faith and conscientiously and as accurately as possible. However, the photographs on the website are of no contractual value whatsoever. François will and cannot accept any liability for any errors which may appear in the descriptions of the Products or photographs, including slight variations in colors and dimensions.
Article 4 - Prices and Invoicing
Prices are those as shown on the site at the moment the Customer places their order. The prices which apply to the Customer are those stated on the Site aimed at the country – Belgium - from which the Customer places their order. Customers must place their orders from the country in which they are usually resident. Orders cannot be placed in one country for delivery to another.
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.
François 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 François sending its invoices electronically; but if the Customer would like a hard copy invoice, they can simply request one via firstname.lastname@example.org.
Products will remain François 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 Bancontact/Mister Cash, Mastercard 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 François . Should the Customer's bank refuse payment, the order will be refused automatically.
The Customer warrants they are authorized 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 François may refuse the order.
François His Concept Store uses Mollie to handle payments online.Mollie provides a safe processing of payments François has no access to its Customers' confidential payment details, nor does it keep them.
François 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. François 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 François 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, François will do its best to ensure that that order is dispatched to that address within 3-5 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, either to the same address or to another address.
Should the Customer fail to arrange for redelivery within two weeks of confirming the order, or should they be out when that redelivery is made, the order will be returned to François 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.
The delivery times stated by the Webshop François are approximately correct but are not ultimate deadlines. The ultimate delivery time is 30 days after receiving the order, except when payment is made by transfer: in this case the ultimate delivery time is 30 days after receiving the payment.
In the case of temporary unavailability of a product, we will clearly indicate within 30 days when it will be available again. The same applies if a product is undeliverable for any other reason.
As soon as the goods have been delivered at the delivery address, the risk concerning these products is the purchaser’s responsibility.
Orders can only be delivered to addresses in the European Union (EU).
Article 8 - return or exchange
To return or exchange products, please email email@example.com for confirmation and agreement.
We will happily issue a replacement or refund assuming they are returned within 14 days of receipt.
All returned products must be free of use, damage, stains, odor or any other condition which would
prevent them from being sold as new. They must also have their original tags and packaging attached.
Customers will assume responsibility for all return shipping charges, including unnecessary duties and
sales taxes in certain instances. Morrison will not assume responsibility for reimbursement or compensation
for any return packages lost in transit.
'Sale' items cannot be returned.
Return items to:
François his concept store
Article 9 - Statutory warranty
François 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 François 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 François 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 firstname.lastname@example.org 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.
Article 10 - Liability
François 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 Site or of it being unavailable. It cannot be held liable for any damage to the Customer's systems incurred through visiting the Site including being hacked or computer viruses.
François cannot be held liable for any errors which may be in photographs or text used in describing products on the Site.
François 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 François is or could be held liable, François His Concept Store liability will be limited to the amount the Customer actually paid for the order concerned.
Article 11 - Disputes and governing law
Should any disputes arise between the parties concerning the agreement, the courts of the judicial district of Brussels will have exclusive jurisdiction to hear the case.
The agreement between the parties is governed by Belgian law.
Article 12 - Contact and settlement of disputes
Should they have any queries concerning their purchases, Customers can contact François via email@example.com it will offer Customer answers within five working days.
In any cases where François is or could be held liable, François liability will be limited to the amount the Customer actually paid for the order concerned.
Article 13 - Varying General Terms and Conditions of Sale and Nullity
François 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.
François reserves the right to vary the design and content of its website at any time.