General terms and conditions online sewing course

Last updated: 26 may 2021

 

Business information

Identification of the webshop owner:

Clio’s Atelier, a trade name of

Clio Deprest

Zandestraat 25

9850 Deinze (Belgium)

Enterprise and VAT number BE 0842.914.261

RPR Ghent (district Ghent)

www.cliosatelier.com

[email protected]

Bank account: BE16 7360 3013 8974

BIC KREDBEBB

Tel : 0498 75 28 15


Article 1: General provisions

These General Terms and Conditions (‘Terms’) are applicable to all orders and agreements between Clio’s Atelier, a trade name of Clio Deprest, Zandestraat 25, 9850 Deinze (Belgium), Enterprise and VAT number BE 0842.914.261, RPR Ghent (district Ghent) (hereinafter ‘CLIO’S ATELIER’, ‘we’ or ‘our’) and the visitors/clients of its webshop (hereinafter ‘you’ or ‘your’).

CLIO’S ATELIER will make these Terms available on its webshop and you will need to accept these Terms before placing an order. Your own terms and conditions or additional terms and conditions (if any) are excluded, unless agreed otherwise in writing between you and CLIO’S ATELIER. These Terms may only be amended with the explicit approval of CLIO’S ATELIER in writing.

Only private individuals may submit orders. You agree that you are not purchasing the products with the purpose of reselling them. If you are a professional, please send an email to CLIO’ ATELIER through the email address indicated above.

CLIO’S ATELIER reserves the right to modify or complete these Terms at any time. Any modification will only apply to future orders and will not have any influence on existing orders. CLIO’S ATELIER advises you to consult these Terms periodically.

As this webshop is in English, you agree to the use of the English language for the order process, these Terms and any further communication. You will not be able to refuse the applicability of these Terms because they were not in your native language or any other language.

If this website or any communication of CLIO’S ATELIER refers to a third party website by way of a link, plugin or otherwise, the terms of these third websites may also apply.

Date of the last update of these Terms: 26 May 2021.

Article 2: Order and Conclusion of the agreement

By placing an order through the webshop, you inform CLIO’S ATELIER of your wish to purchase a product through the webshop. This is a binding offer. The order is accepted by us through the confirmation email summarising your order, sent to you within 24 hours. By way of this confirmation email the agreement is concluded.

CLIO’S ATELIER may not be able to accept your order (example: product is out of stock, breach of these Terms by you, incorrect personal data, CLIO’S ATELIER made a clear material mistake related to the product description or the price of the product) or may require extra information. In such case CLIO’S ATELIER may cancel (part of) the order and you are not entitled to any damages. In case the webshop already processed your payment, you may be eligible for reimbursement of the amount received by CLIO’S ATELIER.

CLIO’S ATELIER only accepts orders from consumers older than eighteen (18) years old. If you are a minor, we ask you to involve your parents or legal guardian in the order process. We may reject any order made by a minor.

Article 3: Product and Availability

E-courses/webinars

CLIO’S ATELIER is committed to describe the e-courses and webinars correctly on the webshop.

CLIO’S ATELIER may determine a minimum or maximum number of participants. If this would impact your order, CLIO’S ATELIER will contact you at the soonest.

Sickness of you or the person for whom you made the order (as you explicitly indicated during the order), will not be deemed force majeure.

Physical products

CLIO’S ATELIER is committed to display the products with a clear picture and accurate description (colour, weight, measurements, price, potential discount, delivery options and other information). Please note that colours on photos may slightly differ from the colours of the product due to different factors such as the brightness of your computer screen.

The product selection is valid while stocks last and may at any time be changed or withdrawn by CLIO’S ATELIER. CLIO’S ATELIER cannot be held liable for the non-availability of a product. We will inform you within five (5) calendar days if we cannot deliver your order and, if possible, will indicate when the product will be back in stock.

Common articles

CLIO’S ATELIER is committed to keep the information on its webshop complete, correct and up to date. Obvious mistakes or errors in the product description or pricing are not binding for CLIO’S ATELIER. CLIO’S ATELIER is as such in no way liable in the event of obvious material errors.

If you have specific questions about for instance sizes, colour or availability, we ask you to contact us in advance.

Article 4: Price

All prices listed are expressed in EURO.

Any shipping, reservation or administration fees that will be charged are specified separately before checking out of your digital shopping cart.

CLIO’S ATELIER is not responsible for any duties or taxes imposed by customs.

Special discounts are only valid for the indicated products, time frames and for as long as the products are in stock and may be subject to certain conditions.  

The specified price refers solely to the articles set out in writing. The accompanying pictures may contain elements that are not included in the price and the order.

CLIO’S ATELIER reserves the right to change the prices of the products. However, the price to be paid by you is the price indicated on the webshop on the moment of the placement of your order.

Article 5: Online purchases and Payment methods

You may find your selected items in the digital shopping cart. You can place your order through that shopping cart by checking out. Thereafter you are required to complete your personal details and select the method of delivery and/or payment. To complete you order, you will be required to click ‘Complete my payment’ to actually place your order and (if applicable) proceed with the online payment.

You may choose between the following payment methods:

1/ By credit card (secured by Stripe)

2/ Paypal

CLIO’S ATELIER is committed to keep your payment details secure. Your payment details and credit card information will only be used to effectuate the transactions and will not be shared with third parties.

Article 6: Delivery

E-courses/webinars

After purchase you will receive an email with link allowing you to access the e-course/webinar or as otherwise indicated in the description.

Physical products

Products ordered via this webshop can be delivered throughout Belgium.

A delivery fee will be charged for all orders and will vary depending on the country of destination.

Products are delivered by courier. CLIO’S ATELIER will however only dispatch the product upon receipt of the price and applicable taxes, duties and costs.

Unless otherwise agreed or explicitly determined otherwise, the product shall in any case be delivered to your residence (or other address indicated in your order) within thirty (30) days of receipt of the order. If CLIO’S ATELIER is not able to deliver the product within such timeframe, you may ask for a delivery within a reasonable timeframe. If CLIO’S ATELIER is unable to deliver within the additional timeframe, you may terminate the agreement in which case CLIO’S ATELIER will refund the price, duties or taxes and applicable costs within fourteen (14) calendar days. No other compensation can be requested.

In any case, delivered products remain the exclusive property of CLIO’S ATELIER until the products are paid in full. If necessary, you undertake to inform third parties of the retention of title belonging to CLIO’S ATELIER, e.g. to anyone who would attempt to seize the products that are not fully paid for.

The risk due to loss or damage is transferred to you at the time the product has been physically received by you (or a third party appointed by you to receive the product on your behalf). However, in the event that you insist on choosing your own courier, the risk due to loss or damage transfers to you upon pick-up of the product by the courier from the CLIO’S ATELIER warehouse.

Please ensure that the courier can deliver the product. Delivery has occurred as soon as the product has been delivered to you for the first time. If the first attempt at delivery was unsuccessful, most couriers will leave a note in your mailbox in order to make a second appointment for delivery or will drop the package at a pick-up point near you. If after all reasonable attempts, delivery is unsuccessful due to your mistake or the mistake of the third party appointed by you to receive the product on your behalf, a new delivery is at your cost. 

Article 7: Right of withdrawal

You have the right to withdraw from the agreement within a period of fourteen (14) calendar days at no cost and without giving any reasons to do so (although we welcome your feedback).

The withdrawal period will expire

  • fourteen (14) calendar days after the date of the receipt of the product by you or by the third party appointed by you to receive the product on your behalf (not the courier).
  • In case of agreements with separate deliveries of products of the same order: fourteen (14) calendar days after the date of the receipt of the last product by you or a third party appointed by you to receive the product on your behalf (not the courier).
  • In case of agreements concerning the delivery of products that consists of different shipments or parts: fourteen (14) calendar days after the date of the receipt of the last shipment or last part by you or a third party appointed by you to receive the shipments on your behalf (not the courier);
  • Fourteen (14) calendar days after the day of the conclusion of the agreement in case of services.

 

To exercise the right of withdrawal, you must notify CLIO’S ATELIER via Clio Deprest, Zandestraat 25 (Belgium) in an unambiguous statement in writing (e.g. by post, e-mail [email protected] or through the contact form on the website) about your decision to withdraw from the agreement within the withdrawal period. You may also use the attached template withdrawal form.

Within fourteen (14) calendar days from the day you notify CLIO’S ATELIER of your decision to withdraw from the agreement, the product must be returned to CLIO’S ATELIER, Zandestraat 25, 9850 Deinze (Belgium). 

The direct costs for returning the product shall be borne by you. Only products that are unused, returned in the original packaging, along with all accessories, instructions and proof of order or payment can be returned.

If the value of a returned product is reduced in any way, CLIO’S ATELIER is entitled to demand compensation for each depreciation in value of the product due to your excessive use of the product (going beyond what is necessary in order to determine the nature, characteristics and operation of the product).

CLIO’S ATELIER shall refund all payments received within a maximum of fourteen (14) calendar days of the date of the withdrawal notification and will inform you accordingly by email.

CLIO’S ATELIER may await the reimbursement until all the products have been sent back, or until you have demonstrated that you have sent back the products, whichever is earliest.

CLIO’S ATELIER shall repay you using the same means of payment as you used in the initial transaction, unless you explicitly agreed otherwise. In any case, you will not be charged any costs in connection with such repayment.

If CLIO’S ATELIER refuses to accept your right of withdrawal, it will resend the products to you at your cost and risk and by indicating the reasons for doing so. CLIO’S ATELIER may store the product at your expense as long as the costs related to such delivery are not paid.

You may not exercise the right of withdrawal for:

  • the delivery of products manufactured according to your specifications or are clearly destined for a specific person;
  • the delivery of sealed products that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery;
  • for the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose the right of withdrawal; or
  • for the provisions of services after the service has been fully performed, provided that the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by us.

Article 8: Complaints and Warranty

E-courses/webinars

You should notify any deficiencies at the soonest to CLIO’S ATELIER in writing.

Lodging a complaint will not result in a suspension of your payment obligations.

Physical products

Although we are committed to do a quality check and arrange the appropriate packaging for the product, you may have complaints regarding a product.

As soon as you - or the third party appointed by you to receive the product on your behalf - receive the product you should inspect the product. Any visible damage to and/or qualitative deficiencies of a product or other deficiency in the delivery (e.g. not all products have been delivered) must be as soon as possible reported by you to CLIO’S ATELIER in writing.

If you would contact third parties for repair, the risk and costs are on you and the warranty will lapse.

You have a statutory warranty of two (2) years after the date of delivery to you.

Any deficiency must be reported to CLIO’S ATELIER within two (2) months of detection. You must return the product within seven (7) calendar days thereafter. If you have not arranged as such, your rights will lapse.

Hidden deficiencies that manifest after a period of six (6) months from date of delivery shall not be deemed hidden deficiencies. As such you will need to prove that the deficiency existed on the moment of delivery.

The direct costs for returning the product shall be borne by you, unless the complaint is deemed valid, in which case the cost will be refunded. You are advised to retain the original packaging used for the products and include the accessories/documentation and proof of purchase or payment.  

As far as possible or reasonable, you will have the choice between a repair or replacement by CLIO’S ATELIER. Only if the repair or replacement is unreasonable or impossible or is not possible without reasonable delay, you have the right to ask for a reduction of the price or the termination of the agreement resulting in a repayment of maximum the amounts invoiced.

Lodging a complaint will not result in a suspension of your payment obligations.

Any additional costs resulting from you choosing a delivery method other than the cheapest standard delivery option offered by CLIO’S ATELIER, will not be refunded.

CLIO’S ATELIER shall repay you using the same means of payment as you used in the initial transaction, unless you explicitly agreed otherwise. In any case, you will not be charged any costs in connection with such repayment.

The warranty is never applicable in case of deficiencies arising as a result of:

  • normal wear and tear
  • accidents, natural disasters, fire
  • negligence, bath faith
  • use of the product inconsistent with the purpose for which it was designed
  • failure to follow the operating instructions or manual
  • modifications or alterations to the product
  • rough usage
  • poor maintenance
  • or any other abnormal or incorrect use after delivery.

 

If CLIO’S ATELIER refuses to accept your request, it will resend the products to you at your cost and risk and by indicating the reasons for doing so. CLIO’S ATELIER may store the product at your expense as long as the costs related to such delivery are not paid.

Article 9: Protection of your personal data

The personal data given by you while making your order is necessary to process and complete your order. If the details are not provided, your order may be cancelled. Transferring incorrect or incomplete personal data constitutes a breach of these Terms and may in any case result in a late delivery of the product.

Your personal data will be processed in accordance with our privacy policy, which you need to accept before transferring your personal data.

You are also responsible for maintaining the confidentiality of your login information and the use of your password. Your password is stored in encrypted form and thus CLIO’S ATELIER has no access to your password.

Article 10: Use of cookies

This website is using cookies. Reference is made to our cookie policy.

Article 11: Invalidity

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Article 12: Waiver
Failure at any time by CLIO’S ATELIER to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 13: Immediate termination

CLIO’S ATELIER explicitly reserves the right to suspend or terminate the agreement, without judicial intervention, at any time, without notice, without notice period or compensation, in case of reasons preventing professional cooperation, such as:

-          the client clearly breaches its obligations set out in these Terms;

-          in case of death, incapacity, cessation of payment, receivership, collective debt settlement, and any other fact indicating the insolvency of the client.

The suspension or termination based on the aforementioned reasons will be notified in writing by CLIO’S ATELIER.

Article 14: Proof

You explicitly accept that the agreement can be made electronically.
You accept that electronic communications and other electronic files can be used as proof (such as email and back-up).

Article 15: Intellectual Property

All intellectual property rights related to physical products, e-courses and webinars, services, content of this webshop and branding remains the property of CLIO’S ATELIER or its licensors at all times. You only receive a personal non-transferable and personal license to the online course or webinar. If relevant, you will adequately protect your login details and password.

Article 16: Liability

CLIO’S ATELIER’s liability will be always limited to three (3) times the price paid.

CLIO’S ATELIER shall never be obliged to compensate for (other) indirect or consequential damages such as but not limited to damages to third parties.

The limitations of liability shall not apply in case of fraud, wilful misconduct or gross negligence or in case applicable laws or regulations would impede such limitations.

Without prejudice to mandatory legal provisions or provisions of public policy, any action brought against CLIO’S ATELIER should be brought to court within one year after the alleged error or negligence is discovered, or could reasonably be discovered.

You will indemnify CLIO’S ATELIER for any third-party claims related to or arising from the contract as a result of its error or omission.

Article 17: Assignment

The agreements and obligations are non-assignable by you without the prior written consent of CLIO’S ATELIER.

Article 18: Applicable law - jurisdiction

Belgian laws apply to these Terms with the exclusion of the terms of the Vienna Convention on the Sale of Goods.

In case of disputes, CLIO’S ATELIER prefers an open discussion with an amicable settlement. In case such an amicable settlement would not be reached, the courts of the district of the registered office of CLIO’S ATELIER will have exclusive jurisdiction.

As a consumer you also have the right to lodge a complaint to an independent dispute resolution body. For instance to the online dispute resolution-platform of the European Commission: http://ec.europa.eu/consumers/odr.

Article 19: Customer service

If you would have questions, remarks or complaints, CLIO’S ATELIER customer service can be reached at [email protected] or by mail at the following address Clio’s Atelier, Clio Deprest, Zandestraat 25, 9850 Deinze (Belgium) (Belgium) or through the online contact form on the website.

 

Appendix 1: Template - withdrawal form

You should only complete this form and return it should you want to withdraw from the agreement.

To Clio’s Atelier, Clio Deprest, Zandestraat 25, 9850 Deinze (Belgium), [email protected]

I/We (*) hereby inform you that I/we (*) want to withdraw from the agreement concerning the sale of the following products:

Ordered on (*)/Received on (*):

Name/Names of consumer(s):

Address of consumer(s):

Reason for withdrawal (optional):

Signature of consumer(s) [only when this form will be submitted on paper]:

Date:

(*) = strike out what is not applicable.