Article 1 : Preamble

These general terms and conditions of sale are concluded, on one hand, by the entrepreneur Caroline van der Plancke, known in business life under the commercial name “Scène Discrète “, whose registered head office is located at rue Reine Astrid 31D – 1473 Glabais, registered at the belgian Crossroads Bank for Enterprises under the number 0672792196, hereinafter referred to as “the seller” and, on the other hand, by any physical or legal person wishing to make a purchase via the seller’s website (www.scenediscrete.com), hereinafter referred to as “the buyer”.

Article 2 : Purpose

The present general terms and conditions of sale aim at defining the contractual relations between the seller and the buyer as well as the conditions applicable to any purchase made through the seller’s website, whether the buyer is a professional or a consumer. The acquisition of a good or service through the present website implies an acceptance without reserve by the buyer of these general terms and conditions of sale.

These general terms and conditions of sale shall prevail over all other general or special conditions not expressly approved by the seller. The seller reserves the right to modify his general terms and conditions of sale at any time. In this case, the applicable conditions will be those in force on the date the order is placed by the buyer.

Article 3 : Characteristics of Goods and Services Offered

The products and services offered are those listed in the catalogue published on the seller’s website. Each product is accompanied by a description prepared by the supplier. The pictures in the catalogue are as faithful as possible but cannot ensure a perfect similarity with the product offered, particularly with regard to colours.

These products and services are offered within the limits of available stocks. If, despite his efforts, all or part of the items are unavailable, the seller shall inform the buyer by email as soon as possible and shall offer him the opportunity to choose between waiting or canceling the order without charge.

Article 4 : Prices

The prices of the products and services displayed on the website are indicated in euros, pounds sterling or dollars, all taxes included (VAT and other applicable taxes). The seller reserves the right to change prices at any time. Nevertheless, the prices applicable to the order are those in force at the time of the confirmation thereof.

The seller also reserves the right to reflect the rate changes of the VAT which would occur before or on the delivery date on its prices. The prices quoted do not include shipping and delivery costs but are calculated separately during the order process, depending on the method and place of delivery and the number of ordered products.

Article 5 : Orders

The buyer who wants to buy a product or a service must: – complete the identification form with all the requested details – Fill out the online order form giving all the references of the selected products or services. – validate his/her order after having checked it – make the payment in the conditions provided for – confirm his/her order and payment.

Confirmation of the order entails acceptance of these general terms and conditions of sale, the acknowledgment of perfectly understanding them and the waiver to avail his own conditions of purchase or other conditions rights.

All data provided and the recorded confirmation will be worth proof of transaction. Confirmation will be worth signing and acceptance of transactions. The seller will communicate confirmation of the recorded order by e-mail.

Article 6 : Right of Cancellation

In accordance with the law, the consumer has the right to notify the seller he cancels his purchase, without penalty and without giving any reason, within a period of reflection of at least 14 days. The reflection period referred to starts on the day the product is received by the consumer or by a third party appointed by him in advance and who is not the carrier.  This right of cancellation does not belong to the professional buyer.

Within this period, the consumer must notify by email his intention to renounce and return, at his expense and risk, the product delivered to the seller’s headquarters: Rue Reine Astrid 31D – 1473 Glabais. Products must be returned in their original packaging, undamaged, accompanied by all their accessories and the original invoice / delivery note.

Products returned must not have been unpacked, unsealed, used in any way. Goods that are incomplete, damaged or soiled by the customer will not be taken back. As a hygiene measure, the return of certain products cannot be accepted if the products have obvious characteristics of use not corresponding to a reasonable try out, and in the case where the products have traces of washing.

As the harnesses are completely adaptable to all body types, they will not be returned or exchanged for any reason whatsoever.

After acceptance of the returned goods, Scène Discrète will refund the amount paid as soon as possible and at the latest within 14 days from the reshipment of the products, with the exception of shipping costs. Unless otherwise agreed, the consumer may not exercise the right of cancellation for contracts:

(1) the provision of services whose execution began with the agreement of the consumer before the end of the waiver period; (2) supply of products made to the consumer’s specifications (made to measure) or, because of their highly customized nature, cannot be returned

Article 7 : Terms of payment

Payment is made by – Bank card, – Visa / Mastercard credit card – PayPal. – Bank transfer – Direct payment to the manager of Scène Discrète

Electronic payments will be made through a secure system using SSL (Secure Socket Layer) so that the information transmitted is encrypted by software and that no third party can read it during transport on the network. In case of electronic payment, the buyer’s account will only be charged, when placing the order, for the cost of the ordered products or services, and the shipping costs.

Bank transfer

In the case of payment via bank transfer, the payment will only be considered done as soon as it is credited to the Scène Discrète’s bank account, without possibility of cancellation.

Invoice

At the request of the buyer, he will be issued an invoice showing VAT. The invoice will either be available in the customer’s account or sent by email.

The ordered items remain our exclusive property until full payment of the order by the buyer.

Article 8 : Deliveries

Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical areas. The risks are the responsibility of the buyer from the moment the products leave the seller’s premises, unless the customer has taken out specific insurance.

In the event of damage during transport, the motivated protest must be formulated and transmitted to the carrier or DHL within two days of delivery. Delivery times are only indicative; if they exceed thirty days from the order, the sale contract may be terminated and the buyer refunded.

In any case, Scène Discrète’s liability is limited to the time between receipt of payment and payment confirmation. Scène Discrète is liable for the delays between receipt of confirmation and shipment of the goods to the customer by his care.

If the buyer has opted for collecting the ordered goods directly from Scène Discrète, the withdrawal can be done during the week, subject to the availability of Scène Discrète’s Manager.

The buyer has the possibility to contact us directly by sending an email to [email protected] to enquire about the status of his order or he can consult his customer area at any time to check if his order is ready.

We take no responsibility for delays attributable to the shipper. Scène Discrète will in any case always be discharged of any responsibility if it is proved that the ordered goods were delivered to the services of a shipper. The shipping costs are always the responsibility of the buyer. The costs disclosed by Scène Discrète are non-negotiable. They’re not only covering the shipping costs but also the packaging and handling costs.

Article 9 : Warranty

With regard to consumers, the seller guarantees the products he sells in accordance with the law of 1 September 2004 on the protection of consumers in case of sales of consumer goods (articles 1649 bis to 1649 octies of the Belgian Civil Code).

In the event of non-compliance of a sold product, which is noticed within 2 months after delivery of the goods, the consumer must notify the seller as soon as possible in a precise manner by registered letter or email.

This warranty only covers compliance defects existing at the time of delivery of the goods. Defects or damage due to improper use, such as maintenance damage, drop or shock, neglect and wear, are not covered by the warranty.

The invoice or delivery note serve as a warranty and must be kept by the consumer and produced in its original form. If the product is used for non-private purposes, the limited warranty terms of the manufacturer / supplier are in effect.

Article 10 : Liability

The seller, in the process of online sales, is only bound by an obligation of means, his liability may not be engaged for damage resulting from the use of the Internet such as data loss, intrusion, viruses, service interruption or other unintended problems.

The data on the website are also given in good faith. The proposed links to the websites of the manufacturers and / or partners are given for information purposes. The seller shall not be held responsible for information contained in these websites.

Article 11 : Intellectual Property

All elements on the seller’s website are and remain the exclusive intellectual property of the seller. Nobody is authorized to reproduce, exploit, rebroadcast, or use for any reason whatsoever, even partially, elements of the website whether being software, visual or sound.

Any simple link or hypertext is strictly prohibited without the prior written consent of the seller.

Article 12 : Personal data

All personal data necessary for the processing of an order shall be kept by the seller or his collaborators and can be forwarded to the companies with whom the seller – or his suppliers – collaborate, when such communication is necessary for the processing of the order.

The user also authorizes the seller to use this data to establish statistics in order to improve his website and the goods and the services he offers. This information may also be used in order to allow the dissemination, by any means of communication, of information related to the commercial activities of the seller to his customers.

Finally, the seller keeps personal data to facilitate subsequent orders. The seller undertakes not to disclose the available information to ant another company.

The data kept by the seller can be requested at any time and corrected on simple request sent to Caroline van der Plancke via following email address:  [email protected]

Article 13 : Evidence

The parties agree, within the framework of their relations, about electronic means of proof (for example: email, computer backups, …).

Article 14 : Dispute Settlement

The present general terms and conditions of online sales are subjected to Belgian law. The French version o these general terms and conditions of sale prevail on any others.

From the perspective of a friendly settlement of any dispute arising from a contract for the sale of online goods or services, the consumer who wishes so can also directly contact our services ([email protected]) or call upon the online dispute resolution platform set up by the European Commission and available at the following navigation address:  https://webgate.ec.europa.eu/odr

The seller also certifies that he is not affiliated with an out-of-court dispute settlement.

In the event of a dispute, only the courts situated in the district of the seller’s registered office are competent, except restrictive public policy provisions.

Scène Discrète, Rue Reine Astrid 31D, 1473 Glabais, Belgique VAT: BE 0.672.792.196 [email protected] +32 483 392 777