PRELIMINARY REMARK / DISCLAIMER
The present General Conditions of Sale, the conditions of use of the Site, the “Phoenix” Quality Charter and the special conditions of each sale (items purchased, prices, conditions, etc.) shall constitute the entirety of the contractual framework, in the sense that they express the entire agreement between the User and Smart Bandit within the context of their use of the Site, with the exclusion of any other prior agreement. Any operation which might take place on or by means of the Site shall be subject to the application of this contractual framework.
Article 1 – Definitions
In the present General Conditions of Sale, the following terms shall be understood as follows:
Item(s): all Item(s) which the Provider offers for sale to the User on the Site.
GCS: the present General Conditions of Sale.
Provider: the natural person or legal entity which offers its Items for sale on the Site www.smart-bandit.be, commercially called “Smart Bandit”.
Contracting Parties: the parties who undertake to observe the present GCS, i.e. the User and the Provider (Smart Bandit).
Site: the Internet site of the Provider’s e-shop: www.smart-bandit.be.
Durable medium: any instrument enabling the consumer or the company to store information which is sent to it personally in a manner enabling it to be referred to later after a period of time appropriate to the purposes for which the information is intended and allowing the identical reproduction of the information stored.
User: the person who accesses the Site, uses it and/or places an order there to purchase Items on the Site.
Article 2 – Scope of the present General Conditions of Sale (“GCS”)
The present GCS shall govern relations between the User and Smart Bandit for access, use, consultation and any other operations on or by means of the Site www.smart-bandit.be (hereinafter referred to as the “Site”) as well as all sale or other documents, information or services which are accessible there, notwithstanding applicable laws.
These GCS define the respective obligations of the Contracting Parties in the sale of Items through the Site of the Provider’s e-shop, in accordance with the procedure for placing orders defined in Article 5 hereof.
By making use of the Site (including any sub-sites using its interface and its functions), the User shall acknowledge that they have read and understood the GCS. By accessing and browsing the Site, the User shall consent to the entirety of the GCS and undertakes to observe them.
The data recorded on www.smart-bandit.be shall be presumed to constitute proof of all the communications and transactions (orders, payments and so on) taking place on or by means of the Site by the User, until proof is produced to the contrary.
Smart Bandit shall not be obliged to retain data. The User undertakes to retain the details of orders until receipt of the Items ordered.
Smart Bandit shall be free at any time to make any amendment, alteration or addition to the GCS, which shall be applicable immediately. Users shall ensure that they are aware of the latest version of the GCS.
Article 3 – Information concerning the Provider and the User
Commercial name of the Provider: Smart Bandit
Corporate name of the Provider: Sobriety SCS
Web site: www.smart-bandit.be
Address: 244 Rue Geleytsbeek, 1180 Uccle, Brussels, Belgium
The User undertakes to provide accurate, precise and current information, particularly in relation to its contact details. Smart Bandit / Sobriety SCS may not be held liable for any error whatsoever which might be due to erroneous or incomplete information provided by the User.
Article 4 – Items and services offered by Smart Bandit
Items – Clothing and accessories for children between 0 and 8 years of age, both new and second hand. Second hand clothing shall be offered for sale in very good condition, i.e. without any stains, holes or tears whatsoever. Images which appear on the Site shall only be used as illustration and shall not be contractual. Smart Bandit shall do everything possible to present the images and products on the Site as faithfully as possible, but cannot however guarantee the quality of the presentation of colours and images in general on the User’s computer.
Services* – Sale of new and second hand clothing with the possibility of sending back second hand Items (i.e. those used by the User) purchased on the Site under the conditions provided in Article 6 hereof, called “Phoenix”.
Article 5 – Purchasing new or second hand clothing and accessories
Users of the Site shall have the opportunity to order Items via the Site.
The User who wishes to place an order must create an account by giving their forename, name, e-mail address and the physical delivery address chosen, as well as their bank details and, if it is different, the invoice address. The User may also (optionally) provide their telephone number.
The User declares that they are an adult and have the legal capacity (or hold an authorisation from their legal representative) enabling them to place an order on the Site and to accept the GCS.
Placing the order via the Site shall imply acceptance of the price indicated for the Item ordered as well as the delivery costs established on the basis of the delivery address. The contract shall be definitively concluded once the User has confirmed the summary of their order.
The User shall be informed of the confirmation of that order by a summary e-mail giving the details of the order (Provider’s contact details, characteristics of the item ordered, quantity, total price, delivery costs and any customs duties, delivery address provided by the User, estimated delivery deadline and terms and conditions of retraction with an ad hoc form), sent by Smart Bandit to the e-mail address given by the User. Appended to that e-mail shall be a PDF version, or one in any other commonly readable format, of the applicable GCS.
The sale contract shall be deemed to have been concluded to date from the sending of that confirmation e-mail, and Smart Bandit shall proceed to dispatch the ordered Item on receipt of the price in its entirety.
5.2. Availability and cancellation of the order
Offers of services and prices from Smart Bandit shall be valid as long as they are visible on the Site and within the limit of available stocks. Information concerning availability shall be provided at the latest at the time of placing the order. Errors or amendments may exist exceptionally. If an Item is ordered which, for any reason whatsoever, is no longer available in stock, Smart Bandit shall inform the User thereof and cancel the order for the Item not available in stock.
Similarly, Smart Bandit reserves the right to cancel or to refuse any order from a User, particularly in the following cases: insolvency or absence of settlement observed on an earlier order, refusal of validation of the payment by the issuer of the User’s payment card, fraud or reasonable suspicion of fraud, non-compliance with the GCS or applicable legislation, abuse of the right of retraction by the User on an early order. In such a case, the order shall not be validated, the sale contract shall not be concluded and the obligations arising therefrom shall be cancelled. Any sums possibly paid by the User shall be reimbursed to them in full by Smart Bandit.
5.3. Offer and price
Item descriptions may change at any time without prior notification, at the sole discretion of Smart Bandit. Smart Bandit reserves the right to cease distribution of an Item at any time.
Prices shall be indicated in euros (€) and include all Belgian taxes, if there are any, excluding delivery costs or other indirect costs which might be due by virtue of Belgian or foreign legislation. The valid price shall be that indicated on the Site on the date of the User placing the order. Smart Bandit shall not be bound by a price which might be given by a third party.
Smart Bandit reserves the right at its discretion to alter prices offered as well as costs of shipment. In any event, the price of the Item excluding taxes shall not vary between the placing of the order and the delivery of the Item.
The price shall not include any customs and/or import duties which might be due from the User for an order placed outside the European Union and payable directly by the User to competent bodies. It shall be incumbent upon the User to obtain information on such duties and taxes applicable to the shipment, and no information can be given to the User by Smart Bandit on that subject within the context of the order. Similarly, any exchange costs and bank transfer charges shall be borne by the User.
Payments for orders shall be made on line on the Site by one of the following means of payment:
The User acknowledges that the communication of information concerning them, in relation to the means of payment chosen, shall constitute authorisation (as the case may be by means of Paypal or Stripe) to debit their bank account in favour of Smart Bandit, up to the amount due including all taxes.
The security of electronic fund transfers and, in general, the proper execution of payment orders shall remain the exclusive responsibility of the financial institutions managing such transfers.
Transactions using Stripe shall be governed by the general conditions of Stripe, which may be consulted on the site www.stripe.com.
Transactions using Paypal shall be governed by the general conditions of Paypal, which may be consulted on the site www.paypal.com.
Any payment shall be processed by means of a secure encryption procedure in order to avoid any non-authorised interception of information by third parties.
The User undertakes to give correct, current, complete and precise information for the invoicing and payment of purchases made on the Site. The User undertakes to update such information, including their e-mail address, in order to enable Smart Bandit to contact the User, if necessary. If the information does not correspond to reality, the User shall be solely liable for the consequences.
The process of delivery of ordered Items shall only commence after effective receipt of full payment of the price by Smart Bandit and notwithstanding the cases provided in Articles 5.2 and 5.5 in fine hereof.
Ordered Items shall be delivered to the postal address which the User has indicated as the delivery address when validating their order. The User shall be solely liable if the information provided is erroneous or incomplete and does not enable the ordered Items to be delivered.
Orders shall be processed from Monday to Friday, excluding public holidays.
The delivery costs shall be indicated in the summary of the order and shall vary depending on the country where the Items have to be delivered and the amount of the order:
– for Belgium: delivery charges of € 5 except for orders equal to or more than € 70 (which shall be free of charge);
– for the European Union excluding Belgium: delivery charges shall be € 10 except for orders equal to or more than € 120 (which shall be free of charge);
– for the rest of the world: delivery charges of € 20 except for orders equal to or more than € 170 (which shall be free of charge).
Delivery deadlines shall correspond to the deadlines for processing, shipment and transport by normal means, and may vary depending on the place where the order has to be delivered. The deadlines are generally three (3) working days for deliveries in Belgium (and a maximum thirty (30) days) and generally vary between five (5) and ten (10) working days for deliveries elsewhere in Europe and the rest of the world. These deadlines are given for information only and may never be considered to be contractual. Smart Bandit may not be held liable for delays in delivery due to external reasons beyond its control, including the routing of Items. Smart Bandit shall be released from its obligation to deliver in the case of force majeure.
In the event that Smart Bandit cannot meet the maximum delivery deadline of thirty (30) days, for whatsoever reason that may be, the User may ask Smart Bandit, by registered letter with acknowledgement of receipt or by writing on another durable medium, to make the delivery within a reasonable additional deadline. If Smart Bandit does not comply with such a demand, the User may terminate the sale contract by registered letter with acknowledgement of receipt or by writing on another durable medium, and Smart Bandit shall be obliged to reimburse the User the entirety of the sums paid under the sale contract, nonetheless without the User being able to claim any damages and interest, be it for cancellation of an order subsequent to the failure to deliver the Item(s) concerned within the deadline provided in the present Article.
The User may monitor the progress made on delivery via a “tracking” link provided by the postal services concerned which they shall receive by e-mail once the Items have been dispatched, when this is applicable.
Delivery, including any risk of loss of or damage to Items, shall be at the risk and peril of the User, and the postal services concerned.
Items shall be delivered with a receipted invoice, as well as a return form.
Smart Bandit reserves the right to limit the sale of Items to certain persons or certain geographic regions and/or to limit the quantity of Items offered or to limit the quantity of Items which may be ordered by one person, by household, or by order (i.e. orders placed by the same client account, by the same credit card, or for the same delivery or invoice address) or even refuse orders which might appear, in its sole judgement, to originate from traders, resellers or professional distributors, and as the case may be to make all useful checks.
Smart Bandit may exercise this right on a case-by-case basis.
5.6. Right of retraction
The User shall be entitled to notify Smart Bandit that it is abandoning the purchase (right of retraction), without penalty and without indicating the grounds. In such a case, they shall have a deadline of fourteen (14) days in which to exercise their right of retraction as from delivery of the Item ordered.
In order to exercise their right of retraction, the User shall, within the deadline indicated above, send Smart Bandit the retraction form a template for which is appended to the present GCS, or any other unambiguous declaration, expressing their desire to retract, to the following address: For the retraction deadline to be met, it shall be sufficient for the User to send their communication in relation to their exercise of the right of retraction prior to the expiry of the retraction deadline.
The User undertakes to return the Item to Smart Bandit without delay, to the address indicated in Article 3 of the present GCS, and at the latest fourteen (14) days following communication of their desire to retract, by registered letter with acknowledgement of receipt. The User must bear the direct costs of sending the Item. Returned Items must be protected in a manner at least equivalent to the protection used when the Item was initially sent. It may not have been worn (other than for the purpose of trying it on), washed, used or damaged.
In the case of retraction by the User, Smart Bandit shall reimburse them all the payments it has received from them, including delivery costs (with the exception of additional costs arising from the fact that the User chose, as the case may be, a mode of delivery other than the less expensive standard mode of delivery proposed by Smart Bandit) at the latest fourteen (14) days as from the day on which Smart Bandit is informed of the User’s decision to retract. Smart Bandit shall use the same means of payment as that used by the User for the initial transaction. Smart Bandit may defer reimbursement until it has received the Item.
The User may be held liable in the case of depreciation of the Item other than that necessary to establish the nature, characteristics or proper use of the Item. It is expressly agreed between the Contracting Parties that the fact of having modified the Item or of having worn it otherwise than for the sole purpose of trying it on, shall always be considered to be a depreciation other than that necessary to establish the nature, characteristics or proper use of the Item.
If the User wishes to abandon their purchase before Items are dispatched by Smart Bandit, the Items shall not be dispatched and Smart Bandit shall make the reimbursement without sending an invoice to the User.
Items shall be returned at the User’s risk, to the address of the operating office of Smart Bandit, indicated in Article 3 of the present GCS.
The User who wishes to replace an Item ordered must proceed as stated in the previous Article on the right of retraction, but must add to their return package the exchange note received on delivery, providing their details and giving the references of their initial order. The User shall indicate that they wish to exchange the Item by adding the statement “for exchange”.
Article 6 – Sending second hand clothing (“Phoenix” system)
The User shall have the opportunity, without time limit* or price limit, to return to Smart Bandit any clothing purchased on the Site, even after use, via the “Phoenix” system, in exchange for a voucher for a later purchase on the Site, under the conditions provided below and described on the site www.smart-bandit.be in the section “Second Hand and FAQ”.
Use of this system shall only be possible for clothing purchased and delivered in Belgium, and outside special offer sales, private sales and offers subject to conditions. Accessories purchased on the Site shall not be eligible for this return system.
The return shall be made by sending an e-mail to Smart Bandit at the address or via our contact form available on the Site giving the User’s e-mail and exact, complete and current postal details and the Item reference. Provision of these details by the User shall be on the latter’s full liability. Following that notification, Smart Bandit shall immediately send the User, by return of e-mail, the return address details and a return coupon for the postal service concerned.
The sending of the return address and the postal return coupon ad hoc by Smart Bandit must be followed, within a deadline of seven (7) calendar days, by the Item(s) being sent by the User, via the postal service concerned using the coupon sent to them. The User shall be responsible for retaining proof of dispatch. The return costs shall be borne by Smart Bandit (for Belgium only).
The User is aware and accepts that the clothing which they return via this system is intended to be resold second hand on the Site, at the entire discretion of Smart Bandit and under the conditions (particularly the financial conditions) which it shall select.
Only clothing in impeccable condition and in compliance with the Quality Charter on the Site www.smart-bandit.be may be taken back by Smart Bandit, and may be refused by the latter at its sole discretion.
In the case of acceptance of the clothing by Smart Bandit, a voucher shall be provided to the User by Smart Bandit as quickly as possible and at the latest fourteen (14) days after receipt of the clothing by the latter, in the form of a code to be used on the next purchase (new or second hand) on the Site, for a value corresponding to 20% of the initial purchase price of the clothing, all taxes included. The period of validity of that code shall be six (6) months to date from its issue.
If Smart Bandit refuses to take Items back (for example if the clothing is stained, damaged in any way whatsoever), the User may choose either to have the garment(s) returned at its own expense or to leave the garment(s) for Smart Bandit for no consideration / voucher. In the latter case, Smart Bandit will decide at its discretion on the use which it shall make of it (excluding the sale second hand of refused garments on its website).
Article 7 – Complaints
The User may contact Smart Bandit for any complaint concerning the Site or the sale contract at the address provided in Article 3 of the present GCS.
Any reservation or complaint concerning an Item delivered (for example if a package is damaged, already opened, Items are missing and so on) must be sent in writing to Smart Bandit within a deadline of eight (8) calendar days to date from delivery of the Item certified by the delivery service concerned. Once that deadline has expired, they may no longer be taken into account by Smart Bandit.
Article 8 – Intellectual property
The Site, its content and any other material and elements of the Site whatsoever shall be protected by intellectual property rights (and particularly the provisions of the Belgian Code of Economic Law as well as by all the international texts in force) and remain the exclusive property of Smart Bandit or its beneficiaries.
The Site and its content may not be used for any other purpose unless expressly authorised or required to browse the Site.
Any unauthorised use of the content of the Site may in particular constitute an offence of counterfeiting and give rise to civil or criminal proceedings and the payment of damages and interest.
Article 9 – Liabilities and guarantees
The liability of Smart Bandit, whatever the nature of the loss or damage, shall in any event be limited to the amount of the order, excluding delivery costs and VAT.
Smart Bandit reserves the right to refuse an order in accordance with Article 5.2, §2 of the GCS, without it being held liable in that regard.
The User undertakes to guarantee Smart Bandit in the event of action, loss, claim for compensation or indemnity (including lawyers’ fees) brought against Smart Bandit by any third party, in relation or as a consequence of inappropriate use of the Site by the User.
The User is informed that Items shall be in accordance with applicable Belgian legislation. Smart Bandit may not be held liable for non-compliance with the regulations of another country than Belgium wherever the Items are delivered.
In the case of non-execution, Smart Bandit may not be held liable if the non-execution of the sale contract or its poor execution is attributable either to the User, or to unforeseeable and insurmountable act or omission of a third party to the provision or finally in a case of force majeure.
Article 10 – Rules concerning the Site
10.1. Content of the Site
This Site and its content shall be edited by Sobriety SCS.
The Site shall be hosted at OVH (http://www.ovh.com), the servers of which are situated in France, and shall be accessible without guarantee. Users shall use the Site and any associated sites shall be on their own liability alone.
Despite every care having been taken in construction of the Site, Smart Bandit cannot guarantee and may not be held liable in the event of loss or damage being caused, inter alia, by an interruption, defect or error in the functionalities offered by the Site or in the information provided, a delay in operations or transmissions or in general an interruption to the operation of the Site, an IT virus or other similar technical problems, a network defect, or on any other grounds whatsoever, during use of the Site or of its content.
Smart Bandit shall manage the content of the Site freely and independently. Consequently it may, in particular, without prior notification to the User, suspend or cancel access to the Site or to a part of it, amend the information and change the products available on the Site or alter the presentation of the Site, its structure and its sections.
10.2. Respect for the Site
The User of the Site undertakes not to commit or omit to perform acts which might have the object or effect of directly or indirectly disrupting or interrupting the networks connected to the Site or the servers of third parties, not complying with any regulations and procedures of the Internet network, hampering use of the Site, copying, altering, modifying or interfering with the Site, its use or its content, or using the Site for illegal purposes, forbidden by the terms of the GCS or adversely affecting the rights of Smart Bandit, or encouraging such acts.
The User undertakes not to make use of “deep-link”, “page-scrape”, “robot”, “spider” or any other means, programme, method or algorithm which might interfere with the operation of the Site, or copy, access, obtain any information, document or material in any manner whatsoever, which have not been made voluntarily accessible by the Site.
The User shall not interfere with the use of the Site by third parties, for example by seeking to obtain access to personal data, passwords, or to trace any information on third parties having access to the Site.
The User shall not test the capacity of the Site, or its vulnerability, and shall abstain from any act which might affect its security or its integrity. The User also undertakes not to perform any act which might have the effect of imposing an overload on the bandwidth.
Smart Bandit reserves the right to object to any hyperlink to the Site, at its sole discretion. The decisions of Smart Bandit in this regard shall be discretionary and without appeal, and they shall open no right to any indemnity or other form of compensation in favour of the Users concerned. The absence of reaction by Smart Bandit in the case of any viewer being sent to the Site by a hyperlink shall not in any way imply an authorisation to operate that hyperlink or a right of licence over the content of the Site, or any liability of Smart Bandit as to the site managing the link.
Any other site sending viewers to the Site by way of a hyperlink must undertake at a minimum to respect the intellectual property of Smart Bandit on the Site and its content, not to harm the reputation of the Site, products and information which might be found there or Smart Bandit in general, not to create the impression, in any manner whatsoever, that the two Sites are associated, to bear full liability in the case of loss or damage caused to the Site, directly or indirectly associated with it, to guarantee that the use of a hyperlink to the Site is not illegal in application of applicable laws, not to create a hyperlink from a site containing information liable to be the object of an action for slander or defamation, counterfeit or any other attack on the rights and interests of third parties, to indemnify Smart Bandit in the case of recourse by a third party following the non-observance of these terms and conditions, or the access via the hyperlink to the Site, and to meet any other conditions which may be set by Smart Bandit.
10.4. Associated Sites
The Site may contain links to other web sites belonging to third parties (hereinafter referred to as “Associated Sites”). Such Associated Sites shall be made available to Users for their facility and shall not be under the control of Smart Bandit. Consequently, Smart Bandit shall be exempted from any liability as to their content and the information they contain. Users shall access them at their own free will and on their own liability.
Article 11 – Privacy
The Site shall be the object of security by SSL encryption.
Contracts concluded via the Site of Smart Bandit shall be archived by the latter. The User may access archived contracts to which it has been one of the Contracting Parties by lodging such a request by e-mail to the address or by letter to the postal address indicated in Article 3, §1 of the GCS, on condition of clearly identifying the contract concerned. Archived contracts shall in no event be made available to third parties.
Users shall nonetheless be aware that the Internet is not an entirely secure means of information, and that as a consequence a total guarantee as to protection of their privacy cannot be given by Smart Bandit.
Smart Bandit undertakes that the gathering and use of the user’s personal data made by it on the Site shall be so made in compliance with applicable Belgian and European regulations, and particularly the Law of 8 December 1992 relating to the protection of privacy with regard to the processing of personal data as well as the Regulation (EU) 2016/679 of the European Parliament and Council dated 27 April 2016 relating to the protection of natural persons with regard to the processing of personal data and the free circulation of that data, repealing the Directive 95/46/EC (“RGPD”).
Only that personal data which Users communicate of their own accord within the context of ordering Items for sale on the Site shall be recorded and stored by Smart Bandit. They shall be required only for invoicing and delivery of the Items in question and any possible later use of the “Phoenix” service. None of such information shall be intended for transmission to third parties, or used for marketing purposes, except as the case may be for Smart Bandit to send information relating to the Site and its content if the User expresses a desire to receive the newsletter, or to establish a statistical profile of Users.
Users shall have the opportunity at any time to access, rectify or remove their personal data from the files held by Smart Bandit. Alice Penninck, manager of Sobriety SCS shall be responsible for processing such personal data and her details are provided in Article 3, §1 of the present GCS.
The Site shall also allow the gathering of data by Google Analytics on the use of the Site by the User.
The User accepts that their data may be stored, as the case may be, on servers situated outside the European Union.
The present Article shall only relate to the management of data by Smart Bandit. Users are invited to read the privacy management policy of partners of Smart Bandit (Paypal, Stripe), for which Smart Bandit may not be held liable.
Notwithstanding the above, Smart Bandit may communicate any information concerning Users (including their identity) if that should prove to be necessary in the case of complaints or investigations concerning use of the Site not complying with the GCS, or the applicable legislation, on the basis of all files sent, data and information which a User might have communicated by way of the Site, or even to be able to identify, contact or commence a legal action against a person causing loss or damage to or interfering with the Site or the rights of Smart Bandit or the rights of other Users of the Site.
Smart Bandit therefore reserves the right at any time to reveal any information deemed necessary in accordance with an applicable law, a judgement or a request from a public authority, including the exchange of information between companies with the aim of fraud prevention.
Article 12 – Breach of the General Conditions of Use
Smart Bandit may freely, and without prior notification, terminate the access to the Site of any User breaching the terms of the present GCS, or any other code of conduct applicable to use of the Site, or in the case of an order from a public authority.
Any breach of the GCS shall, inter alia, be considered an act of unfair competition and a contractual breach demanding pecuniary or other reparation depending on what Smart Bandit considers to be the most appropriate.
In the case where Smart Bandit is obliged to commence a legal action following a breach of the terms of the GCS by a User, the latter shall be obliged to reimburse it all the costs which Smart Bandit shall incur on such an occasion, including lawyers’ fees, costs and expenses, other than any compensation which might be due to Smart Bandit.
Article 13 – Miscellaneous
13.1. Invalidity of a clause
If one or more clauses of the GCS might be considered to be invalid, on whatsoever grounds that may be, only the minimum shall be considered invalid and shall be replaced by valid provisions which best correspond to the objectives of the GCS. The other provisions shall remain applicable in full.
13.2. Contractual amendments
Smart Bandit reserves the right to amend the present GCS at any time. In any event, unless there is a legal provision to the contrary, the sale contract shall be governed by the GCS in force at the time of the order.
13.3. Applicable legislation and competence
The GCS, use of the Site and all the contractual relations between Smart Bandit and the User shall be entirely governed by Belgian law.
In the event of dispute, only the Court and Tribunals of the District of Brussels ruling in the French language shall be competent.
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