General Terms & Conditions
1. INTRODUCTION AND LEGAL INFORMATION
1.1 The present website girati.com is used by VEMG virtual experiences & media group
Company number: BE0664988250
of which the headquarter is based in Joseph Knuddestraat 16, 8420 Wenduine, Belgium. Phone number: +32 472 01 29 00
1.2 Access to the website and the use of it are subject to the prior acceptance of these terms and conditions. By visiting this website and using the information contained therein, you automatically accept the general terms and conditions.
1.3 The Company reserves the right to change the current general terms and conditions at any time.
1.4 The Company strives to provide the safety of the site. However, disclosure of your information is at your own risk. The Company does not guarantee the correctness of the information on the site, nor for the completeness thereof and can not be held liable for any errors, lack of availability of information and / or the presence of viruses on the site.
1.5 All parts of the website are the exclusive property of the Company.
1.6 Any full or partial reproduction of the site or its databases, in any way whatsoever, is prohibited. The Company's articles and all its figurative or non-figurative trademarks and, more generally, all other trademarks, illustrations, images, industrial designs and logos appearing on the Company's remotely sold items, their accessories or packaging, registered or not, are and remain the exclusive property of the Company. Total or partial reproduction, download, modification or use of these trademarks, illustrations, images; logos and industrial designs for whatever reason and by any medium, without the express prior written permission of the Company, is strictly prohibited. The same prohibition applies to every distinctive sign that is intended to form a composite logo. Every act of counterfeiting and complicity will be prosecuted in court.
1.7 Without the express prior written consent of the Company are also strictly forbidden:
- creating hyperlinks to pages or components of the website;
- the use of one of the components (presented articles, descriptions, prices, data, software, graphics, photos, photographs) for sale or any other use that is directly or indirectly commercial.
1.8 These general conditions apply to the sale of articles on the site www.girati.com. The mere fact of placing an order implies the explicit acceptance of these general conditions.
1.9 These general terms and conditions apply to the exclusion of all other conditions, in particular those of the Customer or potential partners. It can be waived, but by an express and written agreement between the parties.
2.1 The information (designation, definition, reproduction of articles, detailed description: properties, characteristics and composition) about the items offered for sale is available on the website. Although the Company provides the best care and accuracy for the online information, with descriptions of articles and data available on the website and which are regularly updated, the Company can not be held liable for non-substantive errors that may occur.
2.2 Similarly, pictures of GIRATI products are indicative and have no contractual value. In any event, the Company agrees to correct an error, for non-compliance with the article with its description.
3.1 The prices on the website are expressed in euros, excluding transport, including VAT. All import duties are for the account of the buyer.
3.2 The Company reserves the right to change the prices at any time, but the billing prices are those valid on the date of confirmation of the order.
4.1. To place an order on the website, the Customer must be of age and have the legal capacity to do so.
4.2. To place an order, the Customer must complete an order form, with some fields required for the validation of the order.
4.3. The orders are accepted within the limits of the available stock. If, despite the vigilance of the Company, the ordered items are no longer available, the Company will inform the Customer as soon as possible (telephone or e-mail) and, if the invoice has already been paid, the price will be reimbursed. The Company can not be held liable for shortages or unavailability of the articles.
4.4. The Customer states that all information that is communicated to the Company on the website or by telephone as part of the order, meets the general sales conditions and is complete, accurate and up-to-date. Otherwise, the Company can easily cancel the order and payment.
4.5. The Company has the right to refuse, in the case of retail, an abnormal order. Order with over a hundred (100) items are seen as abnormal.
4.6. The Company has the right to refuse an order: (i) made by a Customer with whom there is a dispute about the payment of a previous order; or (ii) who does not comply with these general sales conditions.
4.7. If the Company determines that the order does not meet these general sales conditions (e.g. wrong delivery address), the Company will inform the Customer by telephone or electronically within six (6) days. If the Customer does not correct these incorrect or contradictory elements, the Company reserves the right to simply cancel the order and payment.
4.8. Placing an order is subject to strict procedures described below. These procedures are indicated on the screen. The Customer must comply with this in order to complete the purchase (hereinafter "Steps"):
FIRST STEP: SELECTION OF ARTICLES BY THE CUSTOMER
The Customer selects, records and validates the identification of items to be ordered.
SECOND STEP: VERIFICATION OF SELECTED ARTICLES
The Customer can check both the details of the order and the total price before the order itself, the acceptance of the order and the payment are accepted. The total price does only include the price of the product itself (including VAT) and initial shipping costs. As mentioned supra, the total price does not include import duties or other taxes.
THIRD STEP: PAYMENT AND RECEIPT OF THE ORDER
Within a maximum of six (6) days after the validation of the order request and thus a valid payment, the Company confirms receipt by sending an e-mail to the Customer’s e-mail address -provided by the Customer. The sale will only be considered as final after payment of the order by the Customer.
FOURTH STEP: DELIVERY INFORMATION
Once the invoice has been paid and received, the Company informs the Customer of the shipping schedule and the tracking number of the delivery.
5. DELIVERY SCHEDULE AND RECEIVING CONDITIONS
5.1 Delivery costs are not the responsibility of the Company, unless explicitly communicated otherwise.
5.2 The goods are sent after the ordering process, to the address that the Customer has specified during the placement of the order ( article 4.2). It is understood that the delivery of items can only be done:
- at the Customer's usual residence, or
- on the delivery address specified by the Customer at the time of ordering, it is reminded that the address must correspond to the normal residence of a third party chosen by the Customer; or
- shortcoming, to the address of the Company where the Customer is active.
In any case, the delivery can not be carried out in hotels or mailboxes.
5.3 Delivery of items will take place after full payment of the order.
5.4 Delivery of ordered items takes place within 60 (sixty) days after receipt of the full payment by the Company. However, the Company tries to deliver the products within 30 (thirty) days after payment.
5.5 If during delivery the package appears to be damaged in its appearance, the Customer will proceed to the opening of the package, in the presence of the carrier to check the status of the Item, and will inform the carrier about all its reserves, in particular about the delivery note, and also informs the Company immediately via e-mail: email@example.com.
6. ACTIVATION OF THE WARRANTY
6.1 Non-compliance with the delivery of the order and any defects must be reported by e-mail within fourteen (14) calendar days after delivery. Failure in doing so, will result in the inadmissibility of the claim. In any case, the delivery can be refused or declared non-compliant if the article delivered in color or size does not strictly comply with the ordered article model. However, small differences are justified due to the hand-finished character of the sold items.
6.2 Only the provisions of the Civil Code with regard to hidden defects will ultimately apply after that period of fourteen (14) days.
6.3 If warranty claims are admissible and well-founded, the compensation of the Company will be limited to replacement of one or more articles that are sold with a defect, price reduction or cancellation of the order. The latter of which, is only possible if the claim concerns a major defect.
6.4 Under no circumstances will the activation of the guarantee by the Company exceed the selling price of the Item and in the event of a refund to the Customer, use of the Item before the defect came to light, shall be taken into consideration.
6.5 Any other damage caused to the Customer or a third party can not be charged to the Company.
6.6 The guarantee of the Company is excluded if an error is the result, even in addition to a shortcoming of the sold item, of a lack of maintenance or improper maintenance, of improper use or, more generally, of misconduct committed by the buyer or by a person who falls under his responsibility.
7.1 Settlement of purchases takes place via ApplePay, Mastercard, Visa or via PayPal, depending on what was chosen by the Customer after confirmation of the order, at the time of payment.
7.2 In the absence of full payment, the ordered item will not be delivered. In any case, if one or more ordered items are delivered, despite a lack of payment or partial payment, the Company retains the ownership of these articles and can, without any notice of default. Optionally, the Company can claim that the payment is increased - automatically and without any notice of default - by an annual interest of 12% and by a contractual fee of 15% of the price of the articles, with a minimum amount of €70.
8.1 The items are always transported at the recipient's own risk. In case of force majeure, whichever, resulting in the slowing down or making the execution of the order impossible, the Company reserves the right, after having given notice to the Customer, to suspend or terminate his obligations, without the Customer being able to demand compensation. When the contract is terminated, the paid price will be reimbursed within 30 (thirty) days after notice of the termination.
9. WITHDRAWAL - RETURNS
9.1 The Customer has a right of withdrawal that can be exercised without any justification, within 14 (fourteen) calendar days after receipt of the articles. In this context, the Customer can choose to return the delivered items during this period in the original packaging, in perfect condition, in full (accessories, manuals, warranty ...).
The Customer must keep every proof of this return shipment, which means that the items must be returned by registered mail or in another way that specifies a certain date, in each case the costs of the return are paid by the Customer.
Reimbursement of the price charged for returned items takes place by crediting the bank account of the Customer by the bank details provided to the Company when placing the order on the website, at the latest 30 (thirty) days after receipt by the Company of the returned items. If the Client so desires, the Company issues a credit for a subsequent order for an amount equal to the order in question. In such a case, the Customer must specify the latter by sending an e-mail to firstname.lastname@example.org.
The returned items that are incomplete, broken, polluted or damaged by the Customer will not be fully refunded.
9.2 However, given the personalized nature of the Company’s products, article 16 of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council Text with EEA relevance, foresees an exception for any product of the Company that is manufactured taking into account all the preferences of the Customer upon placing an order. Ergo, for customized products, the Company is not legally bound to grant a right of withdrawal and will thus not accept any withdrawals without justification. Returning of goods will only be accepted and reimbursed within the scope of articles 6.1 and 9.3.
9.3 If the delivered items do not comply with the order, the Customer must report this as soon as possible under the conditions of article 6.1. via e-mail to email@example.com by explaining the non-conformity of the items to the order. After approval of the Company, the relevant items must be returned in their original packaging, in perfect condition, complete (accessories, manuals, warranty ...) and accompanied by a copy of the invoice and the Return / Exchange form to the address indicated on the form.
The return of the article must be done by registered mail, or in another way that specifies a certain date. The cost of the return is paid by the Company if the non-conformity is proven to be the Company’s fault.
9.4 In the absence of any exchange of the returned items and if the Customer does not wish to receive credit for future purchases, the refund of the invoiced price of these returned and non-conform items, will be made by crediting the Customer's bank account, at the latest within 30 (thirty) days following receipt by the Company of returned items. The repayment of the return and transport costs of non-compliant items shall be made by crediting the Customer's bank account after the Company has received the justification for those costs from the Customer.
10. NULLITY, APPLICABLE LAW AND COMPETENT COURTS
10.1 The nullity of one or more clauses in these general terms and conditions does not affect the validity of all other clauses.
10.2 Belgian and European Union law applies exclusively to the agreements to which these general terms and conditions apply. In case of dispute, the courts of Brussels have exclusive jurisdiction.