Terms of Use

General Terms

(version 22 december 2017)

Thank you for visiting the website of ABELONE WILHELMSEN (the “Website”), Eliaertsstraat 1 bus 5, 2140 Antwerp, Belgium, VAT-BE-0860.945.571 (hereafter referred to as "we", “us”, “our”, and “Abelone Wilhelmsen”). The terms “you” and “your” refer to the user visiting the Website.

This Website is made available to you subject to your acceptance without reservations of all the terms, conditions, and notices set forth and referenced on the Website, including the terms set out and referenced below (collectively, the "Agreement"). By visiting this Website, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of its terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to modify the Agreement without prior notice, and your continued access or use of this Website will signify your acceptance of the modified Agreement.

The Website is provided to you for information purposes, and allows you to purchase clothes and accessories (the “Products”) made available through the Website.

Anyone wishing to buy Products through the Website must have the necessary legal capacity to do so. If you do not possess the required legal capacity to make online Product purchases, you may not buy any Products through the Website and may act only through your lawful representatives.

Your use of the Website

This Website and the content and information on this Website (including (without limitation) documents, pictures, drawings, logos, data, text, sound, photos, graphics, video, maps, icons, software, code or other material), the Products, as well as the infrastructure used to provide such content and information, are proprietary to us. Except as may be expressly stipulated otherwise on the Website, we (or our licensors) own all rights, title and interest, including any intellectual and industrial property rights (including (without limitation) copyright, database rights, trademarks, service marks, trade secrets, know-how, design rights, trade and business names, domain names, sui generis rights, and any other intellectual and industrial property or similar rights throughout the world, whether or not registered, including applications for and the right to apply for, maintain and enforce any of the preceding items), in the Website and its content and in the Products. You may only use this Website for (re)viewing the information presented in it and purchasing Products online. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any material obtained from or through this Website (including the Products) without our express prior written consent. Additionally, you agree not to:

(i) use this Website or its content for any commercial purpose;

(ii) access, monitor or copy any content on this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(iv) take any action that imposes, or may impose, as determined at our discretion, an unreasonable or disproportionately large load on our infrastructure and not to engage in any activity that interferes with or disrupts our servers and networks;

(v) deep-link to any portion of this Website for any purpose without our express written permission;

(vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;

(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;

(viii) use another person’s/entity’s user account details without permission to login to customer specific portions of the Website;

(ix) use Abelone Wilhelmsen’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features without our express prior written consent;

(x) attempt to gain unauthorized access to our servers, or interfere with the use of this Website by other visitors.

Save as may be expressly stipulated otherwise, the Website and its contents are copyrighted by ABELONE WILHELMSEN: Copyright © 2017 ABELONE WILHELMSEN. All rights reserved. We are not responsible for content on websites operated by parties other than us. Logos, trademarks and product and company names mentioned on the Website are the trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by emailing us at {insert email address}.

If you believe in good faith that materials made available by us infringe your (intellectual or industrial) property rights, please let us know by emailing us at {insert email address}, and provide us with the following information in the following format:

  1. A clear identification of the copyrighted work or other intellectual property you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work or other intellectual property, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. Include the following statement: "I have a good faith belief that the material that is claimed as IPR infringement is not authorized by the IPR owner, its agent, or the law."
  5. Include the following statement: "I hereby confirm, acting in good faith, that the information in this notification is accurate and that I am the IPR owner of, or am authorized to act on behalf of the IPR owner in respect of, an exclusive right that is allegedly infringed."
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that we may hold you liable for damages and costs (including legal costs and attorneys’ fees) suffered or incurred by us as a result of you making a false claim of IPR infringement.

Links to third-party sites

This Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for, nor do we make any representations or warranties as regards their contents or the privacy or other practices of such websites. We have not reviewed these websites and therefore cannot and do not make any representation regarding the quality or reliability of such sites and their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of such website or the material, advertisements or links contained on such websites, or any association with their operators. We disclaim all liability in this respect, to the maximum extent permitted by law.

Software

This Website may provide access to software for download. The software and its documentation are protected by intellectual and industrial property rights, and we (or our licensors) own all rights, title and interest, including any intellectual and industrial property rights (including (without limitation) copyright, database rights, trademarks, know-how, sui generis rights), in such software. You may not install or use such software unless and until you agree to the terms of the accompanying license agreement, and your use of the software shall be exclusively governed by the terms of the accompanying license agreement.

Privacy

Please refer to our Privacy Policy for information on how we respect and protect your privacy.

Disclaimer

The material published on this Website may include inaccuracies or errors. We do not represent or warrant the accuracy, currency, completeness or availability of, and disclaim all liability for any errors or inaccuracies in, or incompleteness or unavailability of, such material.

We make no representations or warranties regarding the suitability of the material contained on this Website for any purpose. All such material is provided 'as is', without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement or fitness for a particular purpose. We disclaim all warranties and representations that this Website, its servers or any material available on the Website are free from viruses or other harmful components. We make no warranty (i) that the Website will meet your requirements or expectations, (ii) that the Website will be available on an uninterrupted, timely, secure or error-free basis, and (iii) that the results that may be obtained from your use of the Website or any content offered through the Website will be accurate or reliable.

This Agreement and the foregoing disclaimer do not affect any mandatory legal rights that cannot be excluded under applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable for any damages (including, without limitation, loss of income, revenue or profits, opportunity loss, loss of anticipated savings, reputational damage, business interruption, the cost of procuring replacement goods, or loss or corruption of data) arising out of or in any way connected with the Website, including (without limitation) your access or use of or reliance on (Product descriptions on) the Website, or your inability to access or use our Website (including the inability to purchase Products or the unavailability of Products)  or any material made available through the Website, your reliance on the Website or any material made available through it, or any computer viruses or linked sites, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, even if you have been advised of the possibility of such damages. Should we nevertheless be held liable pursuant to this Agreement or otherwise in connection with the Website, our liability shall, per order, be limited to the fees paid by you in respect of the Product order that is the subject of the liability claim.

We do not accept any liability for a delay in performing or failure to perform any of our contractual obligations to the extent attributable to a force majeure event (which, for the purposes of this Agreement, shall include an Act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of (production/warehouse) facilities, riot, insurrection, unavailability of material, or any other cause beyond our reasonable control).

These limitations of liability shall inure to the benefit of Abelone Wilhelmsen, its affiliates (if any), their successors and assigns, and the employees, agents, directors, officers and representatives of any of the foregoing.

You agree to defend and indemnify Abelone Wilhelmsen, its affiliates (if any) and any of their officers, directors, employees, agents, and representatives, on a full indemnity basis and at our first request, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties and other costs and expenses brought by third parties as a result of (i) your breach of this Agreement, (ii) your violation of any law or the rights of a third party, or (iii) your use of this Website in breach of the terms of the Agreement.

Products

Products offered for sale are those as they appear on the Website at the time you place your order, subject to those Products being available.

We cannot be held liable for Products not being available or for any damages or losses which may arise as a result. Should one or more Products in an order not be available, we will inform you through e-mail notification that your order has been (partially) cancelled.

Should Products prove to be unavailable after the respective order has already been paid for, you will be entitled to a refund of the amount paid for the Product in question, and you will be informed by email accordingly.

While we strive to present and describe the Products as accurately as possible on the Website; any photographs depicting the Products shall be of no contractual value whatsoever. We do not accept any liability for any errors which may appear in the descriptions of the Products or photographs, including variations in colour or size.

Prices and Invoicing

Prices are those as shown on the Website at the time you place your order. Prices may vary depending on the location from which you place your order given that they may be subject to different rules and regulations, including as regards taxes.

Prices stated during the ordering process are expressed in euros and are inclusive of VAT and administrative costs unless expressly stated otherwise. Prices do not include transport and delivery costs or import duties. These will be charged separately, and you must pay them in addition to the purchase price.

We reserve the right to vary Product prices and transport and delivery costs at any time, although the Products purchased and related costs will be invoiced at the prices as stated in the e-mail which confirms the order. These will be the prices and costs that were applicable at the time of purchase (provided the Products were available).

While we strive to accurately present Product prices on the Website, errors may occur. If we discover an error in any Product price after you have placed your order, we will inform you of this as soon as possible and give you the option of either reconfirming the order at the correct price, or cancelling the order. If we are unable to contact you, the order will be cancelled. If you decide to cancel the order while you have already paid for the Products, you will receive a refund of the amount already paid.

You agree to us sending our invoices electronically.

Products will remain our property until our receipt of the full purchase price and related invoiced costs.

Payment Methods

Product purchases can only be paid for online, through means of the payment methods indicated on the Website. Your bank account will be debited once the purchase has been confirmed, and payment will not take effect until such time your bank has given its consent. Should your bank refuse payment, the order will be automatically rejected and cancelled.

When placing a Product order, you warrant that you are authorised to make payments through means of one of the payment methods stated on the Website, and that there are sufficient funds in your bank account linked to the designated credit card to cover all the costs arising out of the transaction, failing which we may reject the order.

We do not have access to your confidential payment details, nor do we store them.

We reserve the right to reject any order from you in the event of an ongoing dispute between yourself and us or if you brought a dispute against us in the past.  We may also reject your order should you have failed your payment obligations in the past.

Ordering Process

To place an order, you must go to the Product of your choice, choose the color and size you wish to receive and then click on ‘Add to cart’. This will result in the selected article being added to your shopping cart. You can update your order as long as the selected items are in your shopping cart. If you wish to confirm your order, you must select a delivery and payment method. The total amount payable will be stated clearly throughout the billing process. Once the payment process is completed, the order will be final and can no longer be changed. Validating an order form will be deemed to be equivalent to an electronic signature, which will have the same legal value as a written signature and will serve as evidence that the order is complete and that the amounts due as stated in the order may be claimed from you.

You will be sent an initial email confirming your order. You will then receive a second email when your order is dispatched.

You hereby acknowledge and agree that only the data registered in our IT systems and databases, including those of our hosting partners and Internet payment partners, shall constitute valid evidence of the order content and transactions between us pursuant to the Website.

Delivery

When confirming your order, you can choose delivery to a given address. We will use reasonable efforts to have your order dispatched to such address within a few days of order confirmation. Orders can only be delivered to addresses in Belgium.

We reserve the right to split orders into one or more deliveries depending on Product availability. Each delivery will be notified by email. Deliveries will be accompanied by a delivery note which will also provide details of the Products delivered.

The package(s) will be handed over to the addressee or anyone else present at that address. If no-one is present, a message will be left in the mailbox of the stated address which can be used to request another delivery attempt, either to the same address or to another address or to a collection point if and to the extent this option is provided for on the Website.

Should you fail to arrange for redelivery within three weeks of order confirmation, or should no-one be present when that redelivery is made, the order will automatically be returned to us. We will then contact you to arrange for the order to be delivered, in which case you may be asked to pay additional delivery costs.

Should a delivery go missing during the delivery process, and provided the provisions of this clause are complied with, we will send a new shipment entirely at our expense provided the Product is still available, or refund the value of the order including transport costs.

The risks of loss and/or damage will pass to you upon delivery.

Right to revoke and return policy

You may notify us within 14 calendar days calculated from the day following the Product delivery date that you wish to exercise your right to revoke your order without being liable to pay any damages or penalty on that account and without having to justify this decision.

You should notify us that you wish to revoke your purchase, by sending an email to customerservice@abelonewilhelmsen.com and including the following information: order number, date of order, shipping address and Product description/reference (including the name, color and size of each item) and their quantity.

The right to revoke in respect of Products already delivered only applies if the Product is also actually returned to us within 14 calendar days of your notification that you wish to revoke your purchase. The Product must be returned to us as new, in its original packaging, in perfect condition and accompanied by the original sales invoice and a completed return document.

In order for a Product to qualify for return, it must satisfy the following conditions:

o    It must be in new condition.

o    It must include the original price tag and brand label.

o    It must be unworn, unwashed and undamaged.

o    It must be complete (i.e. together with all items such as a belt, keychain etc. which came with the original product).

It must be packaged in a sufficiently sturdy box (we recommend neutral, not showing a logo), so that we receive the product in an undamaged condition.

Any returns for which the sender cannot be identified will be refused. Upon expiry of the above mentioned 14 calendar days period, we will no longer accept returns. Returns must be sent to the return address specified on the Website.

The costs and risks involved in returns will be borne by you save as stipulated otherwise herein.

Purchases will be refunded within 7 calendar days of Abelone Wilhelmsen receiving the returned Product, provided all conditions as specified above have been strictly complied with.

In the case of returns, you will only be refunded the price paid for the returned Products. Return postage costs will only be reimbursed if you received a Product which was not the Product you ordered or if the Product was damaged when you received it or when you exercise your statutory right to cancel the order, as described above. In all other instances, return postage costs will NOT be refunded. Under no circumstances can the amount repaid ever exceed what you actually paid us.

Statutory warranty and Complaints procedure

You will be granted a two-year warranty (calculated from the day following the delivery date) in respect of purchased Products. This two-year period will be suspended for as long as it takes to repair or replace the Product or during any negotiations with a view to settling matters amicably.

In order to exercise your warranty right, you must contact info@abelonewilhelmsen.com promptly upon discovering any Product non-conformity, by notifying us of the non-conformity in reasonable detail.

Under no circumstances does the warranty apply to Products which are damaged outside of our control (including (without limitation) damage attributable to you (whether damaged intentionally or through your negligence), damage which is due to wear and tear, transport or incorrect use).

General

This Agreement shall be exclusively governed by the laws of Belgium, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts of Antwerp, Belgium, in all disputes arising out of or relating to (the use of) this Website and this Agreement.

Although the Website is aimed at European countries, ABELONE WILHELMSEN provides all of its services from Belgium, and the contract between you and ABELONE WILHELMSEN will be deemed to be performed in Belgium, regardless of the possible dispatching of Products from Belgium to different countries.

To the extent such limitation is not prohibited under applicable law, you agree that you will bring any claim or cause of action arising from or relating to this Website and this Agreement within one (1) year from the date on which such claim or action arose, failure of which shall result in such claim or cause of action being deemed irrevocably waived and lost.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Agreement shall otherwise continue in full force and effect.

Our failure to exercise any of our rights hereunder or enforce any of the provisions of this Agreement shall not operate as a waiver of such rights or provisions.

The Agreement constitutes the entire agreement between you and Abelone Wilhelmsen with respect to this Website and any purchase of Products through the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic or written form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We may vary the Agreement at any time, including to comply with its statutory obligations. Changes notified via the Website will apply to all subsequent offers and orders.

Any rights not expressly granted herein are reserved to Abelone Wilhelmsen.

We may make changes to the Website, or discontinue the Website, at any time and without notice, without any liability.

© 2017 Abelone Wilhelmsen. All rights reserved.

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