TERMS & CONDITIONS OF SALE
PLEASE READ ALL THESE PROVISIONS (“TERMS AND CONDITIONS”) CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO ALL PRODUCTS SOLD BY MAILLÔT VIA THIS WEBSITE (“SITE”) AND TO THE ONLINE SERVICES PROVIDED IN SELLING SUCH PRODUCTS. BY ACCESSING THIS SITE AND PLACING AN ORDER YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE ONLINE SERVICES AND DO NOT ORDER PRODUCTS VIA THIS SITE.
ARTICLE I: GENERAL
1.1 In these Terms and Conditions unless inconsistent with the context or otherwise specified, the following words shall have the following meanings:
(a) “Maillôt” or “us” or “we” means Maillôt, Bijlokestraat 51, 9070 Destelbergen, Belgium
(b) “Online Services” means the transactional online services and other methods provided via this Site for you to order and buy Products.
(c) “Products” means the Maillôt products displayed on and/or available to order via this Site.(d) “Buyer” or “You” or “you”, or any derivation thereof, means a user of this Site and/or any legal entity you represent while using this Site during the course of your employment or engagement by that entity.
1.2 This Site is owned and provided by Maillôt. You agree to comply at all times with Maillôt’s Terms and Conditions of Website Usage (click here to view) when accessing and using this Site.
1.3 All sales of Products by Maillôt through use of this Site are governed exclusively by these Terms and Conditions.
1.4 Maillôt reserves the right to amend, change, alter or remove any of these Terms and Conditions at any time. Amendments will take effect when posted on the Site. It is your responsibility to read the Terms and Conditions before ordering Products. The date of the Terms and Conditions is stated at the top of these Terms and Conditions posted on the Site. The Terms and Conditions current at the date you submit an order will apply until that order is completed by us. Your continued use of the Online Services and submission of orders after any amendments to the Terms and Conditions shall be deemed to constitute your acceptance of such amendments.
1.5 Any terms or conditions which you purport to assert over these Terms and Conditions shall not be binding on us. Any terms or conditions proposed or stipulated by any Buyer are expressly waived and excluded. No terms or conditions other than these Terms and Conditions shall be binding unless agreed upon in writing by Maillôt and Buyer.
1.6 You represent and warrant that you have authority to bind any business entity on whose behalf you use the Online Services. Without prejudice to this warranty, we reserve the right to ask you for written authority from the business entity before creating an account or accepting an order for any business entity.
ARTICLE II: ORDERS
2.1 Descriptions of Products and price quotations on the Site are not offers to sell and should not be construed by the Buyer as such. All orders for Products from this Site shall be deemed offers from Buyer to purchase such Products. E-mail or other electronic acknowledgement by us of receipt of an order placed by a Buyer does not constitute legal acceptance by us of an order. All orders are subject to express written approval and acceptance by Maillôt in accordance with Section 5.6 below.
2.2 An order submitted by a Buyer may be accepted or rejected by Maillôt for any reason or no reason.
2.3 No order shall be deemed accepted until Maillôt notifies Buyer in writing (including email) of such acceptance.
2.4 The Buyer shall be responsible for ensuring the accuracy of the details provided and Maillôt will not be liable or responsible for any harm, damages, delay or increased costs caused by any inaccurate information provided by Buyer.
2.5 Maillôt uses all reasonable efforts to ensure that the Products displayed on this Site are available and there is an ample supply to fill Buyers’ needs. Nevertheless, there will be instances when Maillôt is not able to fill Buyers’ orders. In such case, Buyers will be charged only for Products actually shipped, and the invoice or receipt will indicate which Products have been back-ordered or cancelled.
2.6 Order Cancellation Policy; Since we ship your stock purchases as fast as possible, any item classified as “out of stock”, “stock” or “in stock” cannot be cancelled once the order has been placed. Please contact customer service (firstname.lastname@example.org) with any questions on concerns.
ARTICLE III: PRODUCTS
3.1 All images, drawings, photographs, illustrations, descriptions or specifications of the Products are for the sole purpose of providing an approximate description of the Products, and the actual Products may differ from these images, drawings, descriptions or specifications displayed on this Site.
3.2 Maillôt reserves the right to substitute like-products of equivalent quality and price if the Products requested by Buyer are not available.
3.3 If Buyer receives Products pursuant to Section 3.2 that are reasonably unsatisfactory to Buyer, Buyer may pursue the available remedies specified in Section 7.1 below.
3.4 Maillôt may suspend or discontinue manufacture or sale of any Product without notice or liability to Buyer or anyone.
ARTICLE IV: PRICES
4.1 The prices for Products are displayed on the Site. While we try to ensure that prices on the Site are accurate, we are not responsible for errors that may occur. If we discover any errors in the price of Products before we accept your order we will notify you as soon as possible and give you the option to re-submit your order at the correct price or to cancel the order.
4.2 Maillôt reserves the right at any time before shipment to change the price of Products. If Maillôt raises the price after taking an order, Maillôt will notify Buyer and Buyer shall be entitled to cancel the order at any time before shipment.
4.3 All listed prices on this Site are expressed in Euros and do not include applicable sales taxes, Value Added Taxes, import or export duties, or other similar charges of any sort except as may be specifically indicated on the applicable shopping page.
4.3.1 When ordering from maillot-leotard.com, the Buyer is responsible for ensuring the purchase can be lawfully imported to the destination country. The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of Belgium may be subject to import taxes, custom duties and fees imposed by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are imposed once a shipment reaches the recipient’s country. Additional charges for customs clearance must also be paid by the recipient. Maillôt has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, and Maillôt recommends that Buyers contact their local customs office for more information.
4.3.2 If any recipient refuses to pay any import taxes, customs duties or fees that are levied once a shipment reaches the recipient’s country, the order will be returned to Maillôt. Maillôt will credit the buyer for the original purchase price, less shipping to and from the destination country, along with any customs fees that are Maillôt incurs while processing the shipment.
4.4 Transportation and shipping costs are not included in prices listed on the Site. Transportation and shipping costs will be calculated on the applicable checkout or shopping pages.
ARTICLE V: PAYMENT
5.1 Unless otherwise agreed to by Maillôt, Maillôt must receive payment prior to accepting any order. Maillôt shall be entitled to cancel or suspend delivery of any installment or order without liability (whether under the same or any other contract between Buyer and Maillôt) if you fail to make payment when due.
5.2 Payment must be made according to the terms specified on the checkout page on the Site.
5.3 By placing an order, Buyer consents to paying the price in full; and accordingly, Buyer consents to the price of the Products being charged to Buyer’s credit card account provided on the Site, unless Maillôt has agreed to extend credit to Buyer.
5.4 Buyer will be issued an electronic acknowledgement of receipt of order to the email address provided by Buyer once the order has been received.
5.5 No contract exists until Maillôt accepts Buyer’s order by confirming that Maillôt has shipped Buyer’s order. Maillôt’s acceptance of Buyer’s offer will be deemed complete when Maillôt issues and sends the shipment to Buyer.
5.6 If payment is made via credit card, we will process a $1 authorization at the time of your order to make sure the payment method is valid. This authorization is not a charge, but your bank may hold the authorized funds ($1) as unavailable until the authorization expires.
ARTICLE VI: DELIVERY
6.1 Upon notification of acceptance of an order in accordance with Section 5.5 above, the Products will be shipped from Maillôt to Buyer in the manner prescribed in such acceptance; but in any event, Maillôt will use reasonable efforts to see that the In Stock Products are shipped not later than 30 days after acknowledgement of order and that Special Order Products are shipped according to the published Estimated Ship Dates at the time the order is placed.
6.2 The Products shall be delivered to the address indicated on the order form. Maillôt will not, however, deliver to Post Office (P.O.) boxes or shipping agent addresses.
6.3 All delivery timeframes are subject to Products and delivery slot availability. Time is not of the essence unless Maillôt otherwise agrees. If an order consists of more than one Product, Maillôt may deliver such Products separately, at different times, and by different carriers.
6.4 The contents of the order and the delivery postcode area will determine which delivery services are offered. Maillôt cannot guarantee an exact time of delivery.
6.5 Risk of loss or damage to the Products passes to Buyer when the Products are tendered for delivery by Maillôt to the carrier; and consequently, any loss or damage that occurs during shipping or delivery is Buyer’s responsibility.
6.6 Maillôt shall not be responsible for any loss, delay or harm caused by a delay in delivery.
ARTICLE VII: RETURNS
7.1 This section only applies to stock Products and not to special orders. Consumers shall inspect the Products within thirty (30) days of delivery. If on such inspection Consumer discovers any manufacturing defect Consumer must notify Maillôt of such manufacturing defect within the thirty (30)-day period. Failure to inspect the Products and to notify Maillôt if such Products are defective within such period will be deemed an acceptance by Consumer of the Products. Providing Consumer has given Maillôt notice of a manufacturing defect within such thirty (30)-day period, Consumer may return defective Products to Maillôt and Maillôt will then have the option to either refund Consumer’s payment or replace the Products. In any event, Maillôt shall have no liability for defective Products beyond the direct cost of replacement.
7.1.1 This section only applies to stock Products and not to special orders. Clubs shall inspect the Products within sixty (60) days of delivery. If on such inspection Club discovers any manufacturing defect, Club must notify Maillôt of such manufacturing defect within the sixty (60)-day period. Failure to inspect the Products and to notify Maillôt if such Products are defective within such period will be deemed an acceptance by Club of the Products. Providing Club has given Maillôt notice of a manufacturing defect within such sixty (60)-day period, Club may return defective Products to Maillôt and Maillôt will then have the option to either refund to Club’s payment or replace the Products. In any event, Maillôt shall have no liability for defective Products beyond the direct cost of replacement.
7.2 This section only applies to stock Products and not to special orders. Buyer may return stock Products to Maillôt (“Returns”) for any reason for an exchange or Refund, providing, however, such Products were not used, or worn are returned in the original packages with original tags attached, and pass Maillot’s quality inspection. Any returns pursuant to this Section 7.2 must be made within thirty (30) days of delivery for Consumers and sixty (60) days of delivery for Clubs.
7.2.1 Specially ordered and Custom Products (including stock Products that are ordered with embellishments) may be returned only for manufacturing defects within six (6) months from the date of receipt of merchandise. Providing Buyer has given Maillôt notice of a manufacturing defect within such six (6) month period, Buyer may return defective Products to Maillôt, and Maillôt will then have the option to either repair or replace the Products. In any event, Maillôt shall have no liability for defective Products beyond the direct cost of replacement.
7.3 Returns should be sent via Bpost, FedEx, UPS or DHL Mail and are at the Buyer’s sole risk and expense.
7.4 Risk of Loss for Returns remains with the Buyer until Maillôt accepts the Return. If for any reason Maillôt rejects the Return (e.g., garments were worn or used, too much time had passed, etc.), Buyer is responsible for any damage or harm the Return might suffer while in transit.
ARTICLE VIII: LIMITATION OF LIABILITY
8.1 Maillôt shall not under any circumstances be held liable for damage not resulting directly from the cost of replacing defective Products.
8.2 Maillôt shall not be liable for any interruption or reduction in business, loss of revenue, loss of earnings, indirect or consequential damages, punitive damages or any other commercial, economic or financial loss caused by the Products or any other cause.
8.3 Maillôt does not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the Products, other than as specifically provided with respect to specific Products.
8.4 EXCEPT THOSE EXPRESS WRITTEN WARRANTIES MADE BY MAILLÔT IN THIS SITE OR ELSEWHERE, MAILLÔT DISCLAIMS ALL WARRANTIES WITH RESPECT TO PRODUCTS INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8.5 BUYER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER THE LAWS OF THE JURISDICTION WHERE BUYER IS LOCATED THAT MAY NOT BE WAIVABLE UNDER ITS LAWS.
ARTICLE IX: CONFIDENTIALITY
9.2 Maillôt will only use such information described in Section 9.1 above to process orders and manage future commercial relationships with Buyer, and will not use Buyer’s confidential information for personal use or to violate any law.
9.3 Maillôt will not data mine or disseminate such information as described in Section 9.1 above to any third-parties, unless compelled by a valid judicial ruling or demand from a legitimate governmental authority.
ARTICLE X: INTELLECTUAL PROPERTY
10.1 If Maillôt produces or manufactures Products specific to Buyer’s request, including designs, logos, color schemes, etc., Buyer shall indemnify and hold Maillôt harmless against all losses, damages, costs and expenses incurred by Maillôt in connection with any claim of infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights (“Intellectual Property”) of any person that results from Maillôt’s use of Buyer’s specification.
10.2 Buyer agrees to pay all reasonable attorneys fees incurred by Maillôt in defense of any action relating to or claim of Intellectual Property infringement against Maillôt resulting from or related to the designs or specifications provided by Buyer.
ARTICLE XI: FORCE MAJEURE
11.1 Maillôt shall be under no liability for any delay or failure to deliver the Products or otherwise perform as specified in these Terms and Conditions in the event that the manufacture, supply or delivery of the Products is prevented or delayed by any act or circumstances beyond Maillot’s reasonable control, including but not limited to an act of God, legislation, water, fire, drought, war, act of terrorism, civil disturbance, failure of power supply, delivery failure of suppliers, blackout, strike, or other action taken by employees in connection with a trade or labor dispute.
ARTICLE XII: ASSIGNMENT
12.1 This contract shall not be assigned by Buyer unless agreed upon in writing by Maillôt.
12.2 Maillôt reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third-party.
ARTICLE XIV: SEVERABILITY
14.1 If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of this Agreement shall not be affected
ARTICLE XV: GENERAL PROVISIONS
15.1 The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom.
15.2 Nothing in these Terms and Conditions shall be deemed to constitute a partnership or agency between Buyer and Maillôt.
15.3 These Terms and Conditions including the documents or other sources referred to herein supersede all prior representations understandings and agreements between you and Distributor relating to the Online Services and sale of Products and sets forth the entire agreement and understanding between you and Maillôt relating to the supply of Products.
15.4 No delay or failure by Maillôt to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of Maillôt.