General terms and conditions of sale
Introduction
These terms and conditions govern, on the one hand, the use of the BALAO sales site, which may also operate under another commercial name (hereinafter referred to as 'the seller'), whose registered office is located at Clos Albert Marinus 17, 1200 Woluwe-Saint-Lambert, registered under company number 1005.174.475, and the balaoshoes.com site.
They govern the use of the site by persons using it or having an impact on it (hereinafter referred to as 'users').
They also govern the relationship and commitments of the seller to persons who have made a purchase via an order or pre-order (hereinafter referred to as 'user' or 'buyer').
Any user wishing to make a purchase (order, pre-order, etc.) confirms that he/she is a natural person, that he/she is not a merchant and that he/she has not been declared incompetent. Under article 1123 et seq. of the Belgian Civil Code, any person who has been declared incompetent may not make a purchase on the site. In all cases, the fact of having been declared incapable within the meaning of article 1123 and following cited in the previous sentence, entails the impossibility, whatever the case and situation, of ordering on the site.
Consultation of the site, the services offered and everything arising from this use are the responsibility of the legal representative. The legal representative must comply with the provisions described in these terms and conditions.
In all matters relating to the acquisition of personal data, whether directly or indirectly, it is the legal representative who is required to complete the form or the various elements to be completed, or to give the incompetent person express authorization to complete the form, it being understood that the provisions relating to personal data our privacy policy, link below remain fully applicable :
https://balaoshoes.com/en/content/6-privacy-policy
The parties agree to consider the present contract as the sole legal relationship governing their relations, to the exclusion of any conditions previously described on the site. In the absence of a rule, the practices of the 'distance selling' sector apply, as used by companies based in Belgium.
Subject
These general conditions of sale govern the simple use of this site by its users. They also govern online sales by the seller on Belgian territory.
They also define the terms and conditions of sale, ordering, pre-ordering, service, payment and delivery. It regulates the procedures to be followed when placing an order, a pre-order and the follow-up between buyer and seller.
Order, pre-order
All users can click on the online product of their choice. Online orders and pre-orders can only be processed once the user has been clearly identified.
All orders and pre-orders imply acceptance of the present terms and conditions of sale, the prices and the description of the products offered for sale.
Within two days of placing an order or pre-order, the seller will send a confirmation e-mail containing the order or pre-order number to the user who placed the order or pre-order at the e-mail address provided.
When placing an order or pre-order, the user must indicate the means of payment of his/her choice, as well as the desired location for delivery or collection.
Delivery
Products are delivered by post via the following carrier: BPOST.
Delivery is made to the address indicated by the purchaser at the time of the pre-order, order or any other type of purchase.
In the event of absence at the time of delivery, the following conditions will apply, according to Bpost :
If you set My Delivery Preferences, your parcel will be delivered according to your preference (to a Pick-up point or Parcel Locker, to a safe place, with your neighbour).
If you didn't set your delivery preferences yet, your postman will place a failed delivery notice in your letterbox. In that case, your parcel is not available immediately. You will receive an email stating when you can pick up your parcel at the Pick-up point. With the failed delivery notice, you or someone else can pick up your parcel at the Pick-up point mentioned on the failed delivery notice within 14 calendar days.
The seller undertakes to deliver the products as soon as possible.
This may take some time, as this is the first series of pre-orders for a new brand. Production will only be launched if the minimum number of pre-orders required by the seller is reached.
The seller agrees to a maximum lead time of 1 month from the launch of pre-orders to reach the minimum number required.
If the minimum number of pre-orders has not been reached, the sale will be cancelled. In this case, the terms and conditions defined in the responsibility section (paragraph Responsibility) concerning the cancellation of a sale will apply.
Subject to changes resulting from factors beyond the seller's control (e.g. increased delivery charges), delivery charges are free of charge.
At the time of delivery or collection, valid identification may be required in order to receive or collect the product. The seller or carrier reserves the right to refuse delivery or collection if the person arriving to receive or collect the product is unable to produce valid identification in the purchaser's name.
The order will remain available for 5 days at the chosen delivery or collection point. After this period, the products will be returned to the seller.
The user acknowledges that he/she is aware that the seller's general terms and conditions of delivery apply to the shipment of products and accepts them.
Non-compliance with delivery deadlines may never be invoked to obtain any compensation whatsoever.
Signature and proof
Any user wishing to place a pre-order or order who does not yet have a customer number must follow the registration procedure indicated on the site. Once they have done so, they will receive a customer number.
The final confirmation of the order by the user constitutes acceptance of the order at the price indicated. The user's acceptance constitutes signature and express approval of all operations carried out on the site.
Return
The consumer has the right to inform the company of his or her decision to cancel the purchase, without payment of any compensation and without having to state the reasons for this decision, within a period of 14 days from the day following delivery of the article or conclusion of the service contract.
In this case, the shipping costs for returning the product to the seller will be borne by the consumer, except in cases where the warranty is invoked or in the event of default by the seller.
The consumer will be reimbursed as soon as possible, provided that the product is returned in new, unworn, clean, dry, hygienic condition and in a state that allows the product to be put back on sale by the seller.
Shoes are always returned in pairs and must contain all the accessories that accompanied them at the time of receipt by the buyer.
If the return is made for an exchange, the seller reserves the right not to proceed with the exchange but to reimburse the buyer instead.
This may be for various reasons, such as production, logistics or financial.
The seller undertakes to reimburse the customer (the buyer) within 14 days of receipt of the returned product and the seller's decision to cancel the order.
Warranty
To invoke the warranty, the user must clearly indicate the location of the defect and the nature of the defect.
To invoke the warranty, products must be returned in a dry, clean and hygienic condition to the following address:
Clos Albert Marinus 17,
1200 Woluwe-Saint-Lambert
Belgium
Because of the nature of these products, to benefit from the guarantee, the shoes must have been well cared for. Otherwise, the warranty will not be valid.
The seller will then contact the product supplier, who will decide whether or not to cover the defect covered by the warranty. If the defect for which the warranty was invoked is not covered, the product will be returned to the user without repair.
Shoes are always returned in pairs, and must include all the accessories that accompanied them when received by the buyer.
Acceptance and recourse
Any problem or defect relating to the delivery or collection of the products (for example: damaged products or non-conformity of the products in relation to the order) must be reported by the user to the seller within 7 days of the date of receipt of the product. This notification must be made by post to the following address with acknowledgement of receipt.
In the event of notification, problem or defect, the user undertakes to return the products received to the seller within 7 days of the date of delivery / collection.
In the event of a product defect or non-conformity with the order, the costs associated with this return shall be borne by the seller.
No recourse will be accepted if it appears that the products have been used improperly, that the seller's instructions and guidelines have not been followed, or if it is contradictorily established that the defects are not attributable to the seller.
As with any return of a product to the seller, it can only be accepted if the shoes are returned in pairs, with all their accessories, in clean, dry condition.
The seller reserves the right not to proceed with an exchange, but to reimburse the buyer instead. This may be for various reasons, such as production, logistics or finance.
Price
All prices on the site are inclusive of VAT, are and remain in accordance with the price list displayed on the date of the user's order.
The seller reserves the right to adapt the prices displayed on the site.
Responsibility
This site allows the user to consult general information about the seller's activities.
The seller is only bound by an obligation of means with regard to access to the site, the ordering process, delivery and other services.
It does everything in its power to ensure that the site is accessible to a normal number of users at all times.
Nevertheless, it reserves the right to interrupt access to the site for maintenance, updating or other reasons. This may be done without prior notice.
The seller reserves the right to cancel any future sale following a pre-order if the number of pre-orders received is insufficient.
The seller reserves the right to cancel any future sale following a pre-order if the number of pre-orders received is insufficient.
In this case, users who have pre-ordered will be refunded the amount of their pre-orders within 14 days of the decision to cancel the pre-order.
No compensation can be claimed if the sale is cancelled due to an insufficient number of pre-orders, orders or for reasons beyond the seller's control.
Privacy policy
Our privacy policy describes how we use your data:
https://balaoshoes.com/en/content/6-privacy-policy
General
The non-validation of any of the provisions of these general terms and conditions of sale, whether now present, detected or arising at a later date, shall not affect any other provision of these general terms and conditions of sale.
It cannot lead to their invalidity.
The user hereby declares that he/she has read these general terms and conditions of sale and accepts all their provisions, conditions and prices.
These general terms and conditions of sale and the legal consequences arising therefrom are governed exclusively by Belgian law. All disputes arising out of or in connection with these terms and conditions shall be submitted to the exclusive jurisdiction of the courts and tribunals of Belgium.