Terms & Conditions

Clause 1: Identity of the Vendor

The website AnnDemeulemeester.com (to be called “website” from hereinafter) and the ANN DEMEULEMEESTER products belong to the company BV 32, whose registered headquarters are at Populierenlaan 34, 2020 Antwerp, Belgium. The company’s VAT number is: BE0427875512. Tel: +32 3 8305272. E-mail address is info@32.be.

 

Clause 2: Applicability and Conditions

1.      These terms and conditions are applicable to all distance sales from the company BV 32 via the AnnDemeulemeester.com website, including the Ann Demeulemeester Customer Care assistance, to you as the Consumer. The term “Consumer” is to be understood as any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. The resale, rental or transfer for commercial or professional reasons of products purchased on the Website is strictly forbidden.

2.      We deliver exclusively in the following countries: Albania, Algeria, Andorra, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Cambodia, Canada, Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Fiji, Finland, France, French Polynesia, Georgia, Germany, Greece, Guatemala, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Latvia, Lebanon, Lithuania, Luxemburg, Macau, Malaysia, Malta, Mexico, Moldova, Monaco, Morocco, Namibia, Netherlands, New Caledonia, New Zealand, Norway, Oman, Panama, Paraguay, Peru,  Philippines, Poland, Portugal, Puerto Rico, Qatar, Romania, Russian Federation, Saint Lucia, Saudi Arabia, Senegal, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab   Emirates, United Kingdom, United States, Uruguay, Venezuela, Vietnam.

3.      To place an order, you must be above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.

4.      By placing an order on the website it is presumed that the Consumer has consulted the terms and conditions. The Consumer has ticked the box accepting the words “I agree to the terms and conditions and privacy policy”. Finalising the order is equivalent to an electronic signature.

5.      If in addition to these terms and conditions, special conditions apply, the above applies also to those special conditions. You as Consumer can always invoke to your advantage the most preferential text if our terms and conditions would be contrary to the above special conditions.

6.      English is the language used for every contract information to pursue the order on the website.

7.      The goods purchased on the website are directly sold by BV 32. The items are new, and have met the required standards in quality control.

 

 

Clause 3: Our Offer and Your order

1.      We explicitly state in our offer when the latter is only valid for a constrained period of time or is subjected to specific conditions.

2.      We always describe as complete and accurate as possible what we sell to you as well as the course of our delivery process. The description is in any case sufficiently detailed to allow you to make a proper assessment. If we make use of graphics, they are a true reflection of the offered goods and services. However, to error is human and if we are clearly mistaken, we are not obliged to deliver to you. The products offered for sale on anndemeulemeester.com may not exactly correspond to the real garments in terms of image, colours due to the Internet browser or monitors used.

3.      Your order is complete and the contract between us is final once we confirm your order by mail, and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept Visa, Mastercard, American Express, Maestro, BanContact, giropay, iDEAL, Paypal. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.

4.      In order to purchase a product, you add it to your shopping cart. Afterwards you submit your contact details and billing data. Next you choose your preferred way of delivery, standard or express. In the final step you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the “Pay” button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final. A confirmation email is sent to you as a receipt of the purchase orders, which contains the terms and conditions of sales. You therefore agree on terms of use, terms of sales and privacy policy.

5.      Before informing consumers of final delivery dates, we shall inform the customer of the unavailability of products ordered within 14 days from the day after we received the order.

6.      We do carry products available to ship from our warehouse. From time to time we may offer some pre-orders for which the consumer can pay in advance. This will ensure consumer priority as soon as the product arrives in our warehouse. Consumer rights on those pre-orders are the same as any other orders placed on the website. Please note that if the pre-order product does not meet our conformity standard, we will immediately inform the consumer via email and refund the pre-order payment placed within thirty days.

7.      Our virtual gift cards are subjected to the same General Terms of Sales as any other products offered through the website. The virtual Gift Cards are valid for one year from date of purchase, and can be redeemed against all products on the website. They are not transferable, cannot be returned or redeemed for cash. If the order exceeds the value of the Gift Card, all remaining balances exceeding the value of the gift credit or store credit must be paid by credit or debit card. In case of return of products purchased using a Gift Card, the remaining balance will be credited to the customer account as store credit and will be redeemed against subsequent orders. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch. We are not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.

 

Clause 4: Right of Withdrawal

1.      If you buy a product through the website, you have the right to decide that you do not want to keep the product within 14 days from the delivery. You can then return your order without penalty and without giving any reason. Within 14 days after reception of your returned order, or your indication that you wish to forgo the agreement, we will pay you back the full purchase price of the product by the same method of payment you used for the purchase.

2.      We can refuse refunding as long as we have not received the returned product or until you have proven you have returned the product, depending on which event occurs first.

3.      We expect you to handle the product as well as the packaging with the utmost care during the first 14 days after delivery. If you want to return the product as described above, you may only unpack or use them to the extend needed to assess whether or not you wish to retain them. The returned product may be tested, but not used. When returning the product, you will also have to return all delivered accessories and – if reasonably possible – return the product in their original condition and packaging as well as taking in account our return instructions.

4.      The products may be returned by dispatching the package through the carrier used when placing the order or through another shipping agent or postage method. As advised by our company returned products may be shipped by the package delivery company UPS, using the electronic label sent via e-mail after filling up the return form. if you use UPS, our company will be pre-paying the shipping costs and can track the package at any time. Please contact UPS to organise the pick-up or deliver the package at a UPS Access Point. You remain responsible for the package until it has been delivered at our address, or until you can prove the delivery. If you decide to use a different shipping courier or other postage method than the one provided by our company, you will have to pay for the cost of return shipping upfront and will be responsible in case of loss or damage to the merchandise during transport in accordance with our return instructions.

5.      In order to return the product, you need to complete the return form available on our website in your personal account area (which would detail customer’s name, order number, article reference, customer and provider full shipping addresses). Do this by logging in to your account and selecting the item in the order you wish to return by clicking on the «return» button, in order for us to provide you with a return number and the pro-forma invoice completed with the details written above. If you are returning the product from outside of the European Union, you need to print the shipping label and 3 copies of the Pro-forma invoice and add them on the shipping box. Once the warehouse has received the returned products and have checked that the returned products meet our requirements, you will receive an e-mail that the returned products have been accepted and your credit note.

6.      If you have fulfilled all requirements set above, the company will refund the full price of the returned product within 14 days.

7.      Please note that the following returns won’t be accepted: health protection or hygiene sensible products, one of a kind products, limited editions or clearly personalized items.

Clause 5: Price

1.      During the period we mention in our offer, our prices do not change, except for price changes resulting from changes in VAT rates.

2.      Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. If you are a customer whose credit/debit card is not denominated in Euros, United States Dollar, British Pound, Australian Dollar or Japanese Yen, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

3.      Most countries are shipped to on a DDP (Delivery Duty Paid) basis, all relevant import taxes and duties will be included in the product price. The Belgian VAT is included for all European Countries and VAT is not applicable for all other non-European countries. The following countries are shipped to on a DDP (Delivery Duty Paid) basis: Australia, Austria, Bahrain, Belgium, Bulgaria, Canada, Chile, China, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, India, Ireland, Italy, Japan, Jordan, Kuwait, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Poland, Portugal, Porto Rico, Qatar, Romania, Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Thailand, United Arab Emirates, United Kingdom, United States of America, Venezuela.

4.      If a DAP (Delivery At Place) destination is selected, the consumer is liable for all import duties, customs and local sales taxes levied by the country of destination. Payment of these is necessary to release the order from customs on arrival. In any case the package does not get cleared, and returned to us, the costs will be deducted from the refund. If packages are destroyed, seized, or voided by customs, the consumer is fully responsible.

5.      In case of a return product, there will be no refunds of tax and duties.

Clause 6: Payment

1.      We only accept advance payment through our website using the payment methods indicated at the end of the check-out procedure.

2.      In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology thanks to our partner. In order to make payments with SSL no special software is required. You recognize a safe SSL-connection by the “lock” in the bottom status bar of your browser. The partner is responsible for securely storing and automatically processing order data including credit card information.

3.      For payment via credit card, the amount will be debited from the consumer's credit card at the time the order is placed.

4.      If, for any reason, the amounts due by the consumer cannot be debited, the sale process and sale are automatically cancelled.

Clause 7: Conformity and Warranty

1.      We guarantee that our products are in accordance with your order and meet the normal expectations you may have taking into account the specifications of the product. We also guarantee that our products are in accordance with any applicable law at the moment of your order. We have made every effort to display as accurately as possible the colours and shapes of our products. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.

2.      As a consumer and under Belgian consumer protection laws, you dispose of a statutory 2-year warranty period on products purchased from us if the product is faulty. During this period and within the legal limits, we provide for the free replacement or repair of products showing a defect covered by the statutory warranty. Products are faulty if they are damaged when you receive them, or if a manufacturing default occurs within the legal warranty period. Items that are damaged as a result of a normal wear and tear are not considered to be faulty. To the extent of what is possible or reasonable, you have a choice between replacement or repair. Only if replacement or repair is excessive or impossible, or impossible to deliver within a reasonable time, do you have the right to a reduction or to demand the dissolution of the contract of sale. During the first six months, you can in all cases call upon the guarantee. Afterwards you have to prove that the defects in the product is not caused by abnormal use.

Clause 8: Delivery and Execution

1.      All products and services are delivered to the shipping address provided by you when ordering.

2.      When a product is in stock it will be delivered to the delivery address within a period of 1 to 5 working days. In an e-mail sent to the consumer after the shipment has been prepared, tracking details regarding the package are provided.

3.      If we are not able to deliver on time, we will always notify the consumer before the end of the delivery period. If we do not, you can cancel your order for free. In that case we will refund you within 30 days after dissolution of the agreement. We are not liable for delays caused by customs clearance.

4.      The shipment of products, services and gift vouchers is always at our risk. So you do not have to worry about products lost during transportation. If you, however, return products to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.

5.      If the delivered products were damaged during transport, do not correspond to the products mentioned on the delivery note or do not correspond to the products you ordered, you have to report this as quickly as possible to the Customer Care team and in any case within 3 days. Subsequently, you have to send the products back within 14 calendar days after delivery. You have to use the online “return form” for this. If you have any questions while filling in the return form, you can contact one of our employees on this e-mail address: customer-care@anndemeulemeester.com.

6.      We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the products of which it is proven they were not received by the consumer.

Clause 9: Force Majeure

1.      In case of unforeseeable circumstance or force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.

2.      Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the website, late delivery or absence of delivery by suppliers or other third parties.

3.      We will inform the consumer of said unforeseeable circumstance or force majeure within seven days of its occurrence. Should the suspension of the services last more than 15 days, the consumer may cancel the order and receive a refund of amounts already paid.

Clause 10: Product authenticity & Intellectual property

1.      We guarantee the authenticity and quality of all products sold on the website.

2.      Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to our suppliers or us or other claimants.

3.      It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. ...without our prior written and explicit consent. Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden. Reproduction in whole or in part, modification or use of drawings, models or patents which are the exclusive property of our company is also strictly forbidden.

  Clause 11: Complaints Procedure and Conflicts

1.      We do hope that all our consumers are always 100% satisfied. If nevertheless you would have complaints concerning our products or services, please do not hesitate to contact us at customer-care@anndemeulemeester.com. We will do the utmost to deal with your complaint within 7 days.

2.      All contracts we conclude with our consumers are, regardless of their place of residence, exclusively governed by Belgian law. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. If as a result of international law the law of a different country applies, the interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Consumer Protection as incorporated in the commercial Law code (Wetboek Economisch Recht).