The e-commerce site www.stanleystella.com (the 'Site') is the online site selling clothes under the “Stanley/Stella” brand (the 'Product') which belong to Stanley and Stella SA, whose registered offices are at Boulevard Louis Schmidt 3/2, 1040 Brussels, Belgium, company registration no.: BE 0810.580.894, tel. +32 2 663 33 00 (referred to hereinafter as 'Stanley/Stella').
Internet users wishing to buy Stanley/Stella Products are referred to in these General Terms and Conditions as 'the Customer'.
By ordering any Product offered on the Site, the Customer is presumed to have consulted the General Terms and Conditions as set out in Article 2 and accepted them expressly.
Validating an order form is deemed to be equivalent to an electronic signature which has the same value between the Parties as a written signature and serves as evidence that the order is complete and proper and that the amounts due may be claimed in performing that order.
The contract for sale may be concluded in Dutch, French, English or German, as the Customer wishes.
Article 1 – Scope of application
The present General Terms and Conditions govern the rights and obligations of the Parties arising out of the online sales of Products offered on the Site belonging to Stanley and Stella SA (Belgium). Although the Site is aimed at Belgium, The Netherlands, Luxemburg, France, Germany and Great-Britain, Stanley/Stella provides all its services from Belgium, and the contract between the Parties will be deemed to be performed in Belgium, dispatching to different countries.
These General Terms and Conditions apply to all Products sold via the Site, and prevail over any and all other terms and conditions on the part of Stanley/Stella or the Customer. They may not be varied without Stanley/Stella's express prior consent in writing.
Article 2 – Capacity in law and Acceptance
Anyone wishing to buy Products from Stanley/Stella must have capacity to act in law. Should anyone be declared without capacity, they may not buy any Products on Stanley/Stella's Site and so acquire the capacity of Customers. They must then purchase via their lawful representatives.
The Customer accepts these General Terms and Conditions expressly by clicking on a tick or putting a cross against the words “I agree with the Terms & Conditions”.
The Customer has the ability to download and print these General Terms and Conditions.
Article 3 - Products
Products Stanley/Stella offers are those as they appear on the Site at the time the Customer implements their order subject to those Products being available.
Stanley/Stella agrees to make every effort to deliver all orders.
Stanley/Stella cannot however be held liable for Products not being available or for any losses which might arise as a result. Should one or more Products in an order not be available, Stanley/Stella will inform the Customer via e-mail or in writing that it has cancelled his or her order wholly or in part or split it.
Should Products be found to be unavailable and the Customer is informed of this but they have already paid for their Products, Stanley/Stella will refund the amount paid for the products in question immediately, informing the Customer by e-mail accordingly. How fast the refund is actually made depends on how the Customer chose to pay when making their purchase. If they paid by credit card, the refund will appear on the next following monthly statement for that credit card. Should the Customer find the refund is taking an abnormal length of time, they are advised to contact their bank.
Stanley/Stella will in any case make the refund within 30 days.
All Products offered for sale on the Site are described in good faith and conscientiously and as accurately as is possible; but the photographs on the website are of no contractual value whatsoever. Stanley/Stella cannot accept any liability for any errors which may appear in the descriptions of the Products or photographs, including slight variations in colors and dimensions.
Article 4 – Prices and Invoicing
Prices are those as shown on the Site at the moment the Customer places their order. Prices may vary from one country to another, as they are aimed at different countries (being Belgium, The Netherlands, Luxemburg, France, Germany and Great-Britain) and are subject to different rules, including on VAT. The prices which apply to the Customer are those stated on the Site aimed at the country where the goods will be delivered. The invoicing address and the delivery address are requesting when placing the order.
Prices stated during the purchasing process are expressed in euros (or British Pound for Great-Britain) and include VAT but do not included administrative costs unless expressly stated otherwise.
Product and service prices do not include transport costs: these will be charged separately, and the Customer must pay them in addition to the purchase price. Any discount the Customer is allowed will be deducted from the price separately.
Stanley/Stella reserves the right to vary selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the e-mail which confirms the order. These are the prices that applied at the time of purchase, provided the Products were available.
The Customer agrees to Stanley/Stella sending its invoices electronically; but if the Customer would like a hard copy invoice, they can simply request one by sending an e-mail to firstname.lastname@example.org.
Products will remain Stanley/Stella property until such time as the Customer pays for them in full, i.e. until they pay the purchase price and costs in full.
Article 5 – Payment methods
Purchases can only be paid for online, by certain credit cards (Visa, MasterCard), debit cards (Maestro, Bancontact), Paypal, direct banking (iDEAL for the Netherlands), SOFORT and GIROPAY (Germany). The Customer's bank account will be debited once the purchase has been confirmed, and payment will not take effect until such time as the Customer's bank has given its consent to Stanley/Stella. Should the Customer's bank refuse payment, the order will be refused automatically.
The Customer warrants they are authorized to make payments by one of the payment methods as stated above, and that there are sufficient funds in the bank account linked to the credit card to cover all the costs arising out of the transaction, failing which Stanley/Stella may refuse the order.
Stanley/Stella uses a.o. Ogone and PayPal to handle payments online. Stanley/Stella has no access to its Customers' confidential payment details, nor does it keep them.
Stanley/Stella reserves the right to refuse any order from a Customer with whom it is in dispute or who has brought a dispute in the past. Stanley/Stella may also refuse an order should the Customer not have paid for a previous order, wholly or in part or if it can be assumed that the Customer has the intention to resell the Products.
Article 6 – Ordering Products
Notwithstanding any evidence the Customer may have in writing, it is expressly agreed that data registered in Stanley/Stella's IT systems, those of its hosting partners or Internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.
The Products for sale by Stanley/Stella are those who are displayed on the Site, taking into account the availabilities on stock. Stanley/Stella will do its utmost to show availability on-line but cannot be held liable in case a requested Product is no longer available. The Customer can correct his order as long as it in the ‘shopping bag’. If the Customer wishes to confirm his order, he must select a delivery and payment method. The total amount that must be paid is stated clearly throughout the whole of the billing process. Once the payment process is completed, the order is now final and cannot be changed.
When validating the order, the Customer enters into a purchase agreement. Stanley/Stella can decide whether or not to accept the order.
The Customer will be sent an initial e-mail confirming his order once they have made their purchase in any case. The order confirmation contains a.o.
a. The applicable price according to the quantities ordered;
b. The description of the Products ordered;
c. The delivery time, for indication only;
The customer will then get a second e-mail when his order is dispatched.
Stanley/Stella reserves the right to refuse orders, namely in the following cases:
- In the event the stock is running out or if a Product is no longer available;
- In the event of suspicion of severe abuse of rights or bad faith of the Customer;
- In the event of force majeure;
- If it can be assumed that the Customer has the intention to resell the Products.
Stanley/Stella is not obliged to justify why the order is refused. Stanley/Stella cannot be held responsible for the consequences of wrong information by the Customer.
All contractual details of the order will be communicated to the Customer in the language the Customer chose when they registered at the time they confirmed their order.
Article 7 - Deliveries
When confirming their order, the Customer can choose delivery to a given address (home, work, or other) and this only in the countries where the delivery is allowed by the Site (Belgium, Luxemburg, The Netherlands, France, Great-Britain and Germany).
Should the Customer opt for delivery to a given address, Stanley/Stella will do its best to ensure that that order is dispatched to that address within a few days of confirming the order.
Stanley/Stella reserves the right to split orders into one or more deliveries as Products are available. Each delivery will be notified by e-mail. Deliveries can be accompanied by a delivery note which also gives details of the goods delivered.
Should a delivery go missing during the delivery process, and the provisions of this article are complied with, Stanley/Stella will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs.
The risks of loss and/or damage pass to the Customer on delivery.
Article 8 – Right to revoke and returns
Unless the Site expressly states otherwise, the Customer may notify Stanley/Stella within 30 calendar days of receiving the Product that they wish to exercise their right to revoke without being liable to pay any damages on that account and without having to give any reasons.
The rights of the Customer are not applicable on certain categories of Products. This means that the Customer cannot change his mind or cannot return the Products:
- Products which are personalized, including custom made Products or Products adapted to the Customer
Should a Customer notify Stanley/Stella that they wish to revoke their contract to buy, they must do so within 30 calendar days of receiving the Product as above. The Customer can exercise his right to revoke by sending an email to email@example.com or using the on-line contact form. The should including the following information: order number, date of order, shipping address & products (including the name, color and size of each item) and their quantity he wants to return.
The right to revoke in respect of Products delivered only applies provided the Product is also actually returned within 14 calendar days of the Customer notifying Stanley/Stella that they wish to revoke their purchase.
When receiving the notification to return Products, Stanley/Stella will give instructions on how to return the Products.
The Customer can return Products free of charge via ‘Pickup Parcelshop’ (via the network of the transporter) by using the return form that will be provided for that purpose. The Product returned has to be return in its orginal packaging with the return label that has been sent by email. The return has to be brought to a Pickup Parcelshop. Returns via Pickup Parcelshop are free of charge provided that the return label is used.
In the event the Customer does not use the return label or if the Customer wishes to use another delivery method, the return charges are at his expense. No return will be accepted in any physical store of Stanley/Stella.
The Product must be sent back as new in its original packaging, in perfect condition and accompanied by the original sales invoice (of which the Customer retains one copy) and a completed return document. Any returns for which the sender cannot be identified will be refused. After the 14 calendar days, Stanley/Stella can no longer accept returns and will return them to the sender.
Purchases will be refunded within 14 calendar days of Stanley/Stella receiving returns in good time, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Customer actually paid.
Refunds will be done using the same payment method as the Customer used for his purchase.
Article 9 – Statutory warranty & complaints procedure
Stanley/Stella warrants that the Products offered for sale do not suffer from any visible or latent defects which render the Product impossible or dangerous to use.
This warranty is without prejudice to the statutory rights the Customer has under their national legislation.
The Customer is guaranteed against any non-compliance which exists when a Product is delivered and which manifests itself within two years of being delivered. This two-year period will be suspended for as long as it takes to repair or replace the product, or should Stanley/Stella and the Customer be involved in negotiations with a view to settling matters amicably.
Customers must contact Customer Service should they wish to invoke this warranty immediately, and must notify Stanley/Stella of the non-compliance via Customer Service in writing in any case within two months of discovering the defect.
They must get in touch by sending an email to firstname.lastname@example.org .
Under no circumstances does the warranty apply to Products which are damaged intentionally or by the Customer's negligence; nor does it apply if the damage is due to sleet, transport or incorrect use.
Customers can contact Customer Service if they have any queries as to the warranty.
Customers can reach Customer Service by email at email@example.com We will revise your complaints on working days from 9 a.m. to 5 p.m. We will make every effort to answer all your questions within 24 hours.
Providing this warranty and customer support is important to Stanley/Stella. Therefore, all acts that may negatively affect customer service are forbidden, such as reselling the Products, relabeling the Products or exporting them outside the European Union for commercial purposes. The Products are sold for private purposes only.
The costs incurred by Stanley/Stella for the verification of compliance of prohibition of export for commercial purposes outside of the European Union will be borne by the Customer in case of infringement. Stanley/Stella also reserves the right to suspend or even refuse a sale if there is a prima facie indication that the prohibition is not respected.
Article 10 – Intellectual property rights
All elements (referred to hereinafter as the 'Elements'), including texts, the database with all data published on the website, the layout and graphic design of the web pages, the sales catalogue, photos, images, video and music on the Site are protected by copyright, database rights, trademark rights, patent rights and all other forms of intellectual property rights worldwide, and thus remain the exclusive property of Stanley/Stella. They may not therefore be copied, published, imitated or used in any other way in any form whatsoever without Stanley/Stella's prior consent in writing. Such consent must be obtained in writing. Any infringements of this will be pursued in the courts.
Article 11 – Copyright on printed images, exemption from liability
When the Customer delivers an image or even partly adjusts the product (personalization), he guarantees Stanley / Stella that the image is exempt from third-party rights. In that case, any infringements of copyright, personality or registered rights are entirely at the expense of the Customer. The Customer also guarantees that he does not infringe any other rights of third party by individualizing the Product.
The Customer shall exempt Stanley / Stella from any claim and from any right invoked as a result of breaches of rights of third parties. The customer will reimburse Stanley / Stella all costs of defense and other damages.
No image or carrier may contain malicious code, including, but not limited to, viruses, trojans, verses, cancellation robots, ransomware or any other programming routine that may harm, intervene in systems, programs, data or personal data or can intercept or expropriate it.
The image and its medium must not be misleading, nor offer or distribute products or services or programs or promotions that are fraudulent.
The image must not contain components that may accuse or denounce persons, races, religions or religious groups and is not obscene, pornographic, indecent, defamatory, abusive, threatening, harmful or cause damage, abuse or compromising the private or public privacy.
Copyright and reproduction rights: placing an order relating to reproduce any image provided by the customer, and enjoys the protection of the measures of the law relating to intellectual property rights, implies that the Customer has the right to reproduction.
The Customer therefore indemnifies Stanley / Stella from any dispute in connection with the reproduction right. Any dispute with regard to the reproduction rights will suspend the execution of the order. In the event that placing an order implies that the Customer provides digital carriers with programs and fonts, the Customer will guarantee Stanley / Stella the manner in which he has obtained the programs and the fonts and, more generally, indemnify them against any dispute with regard to the use of the program. Stanley / Stella is not responsible for violations of reproduction rights belonging to third parties insofar as the reproduction was performed in good faith. Only the customer is responsible.
Exploitation rights: When Stanley / Stella executes an assignment that involves a creative activity, in the broad sense of the intellectual rights legislation, the rights related to this creation, including the reproduction right, will remain the property of Stanley / Stella and will only be transferred to the Customer with a written agreement to that effect. Based on the above, Stanley / Stella as a designer of a computerized database, images, graphic tools or a matrix etc. will enjoy the copyrights and the protection resulting from the measures of the law relating to intellectual property rights. The written agreement of renunciation of copyright and of the reproduction right must be explicit: it cannot arise either from the fact that the creation is foreseen in the order, nor from the fact that it is the object of a special fee, nor from the fact that the ownership of the physical carrier or the digital data has been transferred to the Customer. Barring special agreement of exclusivity, Stanley / Stella may reuse an artistic creation realized by herself.
Stating the name Stanley / Stella: The Customer can not oppose the mention of the name Stanley / Stella, even if the work already mentions the name of the publisher or of the intermediary or of the commercial agent or others.
Article 12 – Technical deviations
In the execution of the agreement, Stanley
/ Stella expressly disclaims all responsibility with regard to technical
deviations in connection with descriptions and instructions of goods and images
with regard to the nature of the substance, the color, the weight, the
dimensions, the design or similar characteristics and this insofar as they are
acceptable to the buyer.
The Customer acknowledges that the software for the reproduction never guarantees 100% display of data on the screen and that this may show different display on different screens or different when printing or on a copier.
Article 13 – Virus, hacking and data retrieval
It is forbidden to abuse the Site by
deliberately using viruses, trojans, verses, logical bombs, spyware, adware or
any other malicious means. It is forbidden to access the Site without
permission. It is forbidden to commit one or more denial-of-service attacks on
the Site or attacks of deliberate blockade.
Any violation of this clause is a criminal offense of the Law of 28 November 2000 regarding the fight against computer crime. Stanley / Stella reserves the right to transfer these violations to the competent authorities and to release the identities. In case of such violation, the right to use the Site will immediately be terminated.
Article 14 - Liability
Stanley/Stella cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the Site or of their being unavailable. It cannot be held liable for any damage to the Customer's systems incurred through visiting the Site including being hacked or computer viruses.
Stanley/Stella cannot be held liable for any errors which may be in photographs or text used in describing products on the Site.
Stanley/Stella cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.
In any cases where Stanley/Stella is or could be held liable, Stanley/Stella's liability will be limited to the amount the Customer actually paid for the order concerned.
Article 15 – Disputes and governing law
Should any disputes arise between the parties concerning the agreement, the courts of the judicial district of Brussels will have exclusive jurisdiction to hear the case.
The agreement between the parties is governed by Belgian law.
Article 16 - Contact and settlement of disputes
Should they have any queries concerning their purchases, Customers can contact Stanley/Stella by sending an email to firstname.lastname@example.org . Stanley/Stella warrants it will offer Customer answers within five working days.
Article 17 – Varying General Terms and Conditions of Sale and Nullity
Stanley/Stella may vary the present General Terms and Conditions at any time, including to comply with its statutory obligations. Changes notified via the Website will apply to all subsequent offers and orders.
Stanley/Stella reserves the right to vary the design and content of its website at any time. Customers are entirely at liberty to deactivate their accounts if the General Terms and Conditions or the layout or content of the website are changed. They can do this by going to the "My Account” section of the Sites and then clicking on “My Personal Details".
Should any court decision result in any of the article(s) or paragraph(s) of the present General Terms and Conditions being null and void or unenforceable, that will not affect the validity or enforceability of the other articles and paragraphs of the present General Terms and Conditions or the agreement between the parties.