Account

General terms and conditions

At Vertigo Menswear, we want to ensure that relationships with our customers run as smoothly as possible. We appreciate the trust you place in Vertigo and take your rights very seriously. With the information and conditions of sale below, we want to give you a clear and unequivocal overview of your rights, and sometimes also obligations. If something is not clear after all, we would appreciate it if you would let us know.

Please read this information carefully before agreeing to this and do so every time you place a new order. After all, Vertigo may change these conditions and the new conditions will apply to a new order. The order you will now place will be subject to the current terms and conditions. You can print out the text or save it on the hard disk of your computer.

 

Company data:

Vertigo bv

Peperstraat 50i

9800 Bachte-Maria-Leerne

support@vertigomenswear.com

 

Article 1: General provisions

The e-commerce website of Vertigo bv with registered office at Peperstraat 50i, 9800 Bachte-Maria-Leerne offers its customers the opportunity to purchase the products from its webshop online.

These General Terms and Conditions ("Terms and Conditions") apply to every order placed by a visitor to this e-commerce website ("Client"). Placing an order via Vertigo's web shop means that the Customer has consulted these Terms and Conditions and expressly accepts the applicability of these Terms and Conditions, to the exclusion of all other conditions. Additional terms and conditions of the Client are excluded, unless they have been accepted in advance, in writing and expressly by Vertigo.

In order to place an order, you must be of age. If you are still a minor, you may not place this order. This must be done by your parents or your legal representative.

 

 Article 2: Price

All mentioned prices are expressed in EURO, always including VAT and all other taxes or duties to be borne by the Customer, price changes and typing errors reserved.

If delivery, reservation or administrative costs are charged, this will be stated separately.

The statement of price refers exclusively to the articles as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price. Also not included in the price are surcharges such as the recupel contribution and the costs of delivery. These additional costs are in any case explicitly mentioned on the order form, i.e. before you place your order. Please read this carefully.

Vertigo reserves the right to change the prices of the goods, in particular when a legal price-determining factor gives cause to do so.

 

Article 3: Offer

Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer are not binding for Vertigo. As far as the accuracy and completeness of the information offered are concerned, Vertigo is only bound by an obligation of means. Under no circumstances will Vertigo be liable in the event of material errors, typesetting or printing errors. Vertigo has the right to adjust errors, even if an order has already been confirmed. In that case, the Client has the right to choose whether to renounce the purchase or to confirm it at the corrected price or condition. If the Client does not confirm the purchase within one week, Vertigo will assume that the Client renounces the purchase.

If the Client has specific questions about e.g. sizes, colour, availability, delivery time or delivery method, we ask the Client to contact our customer service in advance.

The offer is always valid as long as stocks last and can be adjusted or withdrawn by Vertigo at any time. Vertigo cannot be held liable for the unavailability of a product.

 

Article 4: Online purchases

For each of the payment methods listed below, the Client needs a card reader/digipass. Please keep these at hand.

The Customer has the choice between the following payment methods:

- Visa, MasterCard, Maestro (bancontact): Payment by credit card is safe. This is done via an SSL-secured server that sends credit card data securely.

The products offered via this e-commerce website constitute an offer subject to the condition of acceptance by Vertigo.

Vertigo is entitled to refuse an order (in writing) as a result of a serious shortcoming on the part of the Client with regard to the order or any other order or agreement in which the Client is involved.

 

Article 5: Delivery and performance of the agreement

The shipping costs are indicated for each product and calculated as follows:

Belgium:

free shipping from 75 euro, under 75 euro the shipping cost is 5 euro

Netherlands, United Kingdom, France, Germany, Luxembourg:

free shipping from 100 euro, under 100 euro the shipping cost is 10 euro

Shipping to other countries is possible provided that shipping costs are included. Information can be obtained via e-mail: support@vertigomenswear.com

As our order processing system cannot take all these criteria into account, it is possible that the delivery price may be higher or lower than that stated on the order confirmation. You will be informed of this within seven working days.

These shipping costs are also due if the order cannot be delivered or if an order is partially returned.

Delivery is made by GLS.

Unless otherwise agreed, the goods will be delivered within 7 working days of receipt of the order to the address given by the customer when placing the order. Delivery is made by GLS. This delivery period is purely indicative: failure to meet the delivery period cannot give rise to any compensation on the part of Vertigo as the delivery periods are given for information purposes only and without any commitment.

It is possible that the Client has nevertheless received confirmation of a product of which the stock is depleted. It is also possible that the delivery is delayed due to circumstances for which Vertigo is not at fault. If Vertigo does not deliver within the agreed delivery period or - if no delivery date has been agreed - within thirty days following your order, the Client has the right to renounce the purchase and receive a refund, unless the product is on its way to the Client.

Any visible damage and/or quality defect of an article or any other shortcoming in delivery must be reported immediately by the Client to Vertigo. The Client is obliged to inspect the delivered goods upon receipt. If the delivered goods are not in conformity with the agreement (wrong or under-delivered, and/or with an error or damage), the Client must report this to Vertigo in writing immediately after delivery of the goods. The Client must then return any incorrectly delivered or damaged goods to Vertigo immediately upon receipt, stating the defect.

The risk of loss or damage is transferred to the Client as soon as he (or a third party designated by him who is not the carrier) has taken physical possession of the goods. However, the risk is already transferred to the Client upon delivery to the carrier, if the Client's carrier was instructed by the Client to transport the goods and this choice was not offered by Vertigo.

 

Article 6: Retention of title

The delivered articles remain the exclusive property of Vertigo until full payment has been made by the Client.

If necessary, the Client undertakes to inform third parties of Vertigo's retention of title, e.g. to anyone who would seize on articles not yet paid for in full.

 

Article 7: Right of withdrawal

The provisions of this article only apply to Customers who, in their capacity as consumers, purchase articles online from Vertigo.

The Client has the right to withdraw from the contract within a period of 14 calendar days without giving reasons.

The withdrawal period expires 14 calendar days after the day on which the Client or a third party designated by the Client, who is not the carrier, acquires physical possession of the goods.

In order to exercise the right of withdrawal, the Client must inform Vertigo Peperstraat 50i, 9800 Bachte-Maria-Leerne, support@vertigomenswear.com, by an unequivocal statement (e.g. in writing by post, fax or e-mail) of his decision to withdraw from the contract. The Customer may use the attached model revocation form for this purpose, but is not obliged to do so.

In order to comply with the revocation deadline, the Customer must send his notice of his exercise of the right of revocation before the revocation deadline has expired.

The Client must return or hand over the goods to Vertigo without delay, but in any case no later than 14 calendar days after the day on which he has communicated his decision to withdraw from the contract to Vertigo Peperstraat 50i, 9800 Bachte-Maria-Leerne. The Client will be on time if he returns the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods will be borne by the Customer.

If the returned product has in any way diminished in value, Vertigo reserves the right to hold the Client liable and to claim damages for any diminished value of the goods resulting from the Client's use of the goods beyond what is necessary to determine the nature, characteristics and functioning of the goods.

Only items that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase may be taken back.

If the Client cancels the contract, Vertigo will refund to the Client all payments received from the Client up to that time, including the cost of standard delivery charges, within a maximum of 14 calendar days after Vertigo has been informed of the Client's decision to cancel the contract. In the case of sales contracts, Vertigo may wait with the refund until it has received all the goods back, or until the Client has proved that he has returned the goods, whichever comes first.

Any additional costs resulting from the Client's choice of a method of delivery other than the cheapest standard delivery offered by Vertigo will not be refunded.

Vertigo will reimburse the Client using the same means of payment with which the Client carried out the original transaction, unless the Client has expressly agreed otherwise; in any event, no costs will be charged to the Client for such reimbursement.

 

 Article 8: Guarantee

Under the law of 21 September 2004 on the protection of consumers in respect of the sale of consumer goods, consumers have legal rights. This legal guarantee is valid from the date of purchase by (or delivery to) the first owner. Any commercial guarantee does not affect these rights.

To make a claim under the guarantee, the Customer must be able to present the proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Client's home, the Client must contact Vertigo Customer Service in advance, after which the Client must return the item to Vertigo at his own expense.

If a defect is found, the Client must inform Vertigo as soon as possible. In any case, any defect must be reported by the Client within a period of 2 months after its discovery. After that period, any right to repair or replacement will lapse.

The (commercial and/or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or modifications to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Nor does it apply to articles with a shorter lifespan, or wear and tear articles.

Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless proof to the contrary is provided by the Client.

The guarantee is not transferable.

 

Article 9: Customer service

Vertigo's customer service can be reached by e-mail at support@vertigomenswear.com.

Any complaints can be directed to this address.

 

 Article 10: Penalties for non-payment

Without prejudice to the exercise of any other rights Vertigo may have, in the event of non-payment or late payment, the Client will automatically and without warning owe interest of 10% per annum on the unpaid amount from the date of default. Furthermore, the Client will automatically and without formal notice owe a fixed compensation of 10% on the amount in question, with a minimum of 25 euro per invoice.

Without prejudice to the foregoing, Vertigo reserves the right to take back articles that have not (fully) been paid for.

 

Article 11: Privacy

The data controller, Vertigo, respects the Belgian law of 8 December 1992 relating to the protection of privacy in the processing of personal data.

The personal data provided by you will only be used for the following purposes: the execution of the concluded contract, the processing of the order, sending newsletters, advertising and/or marketing purposes.

You have a legal right to inspection and possible correction of your personal data. Subject to proof of identity (copy of identity card), you can obtain the written communication of your personal data free of charge by means of a written, dated and signed request to Vertigo, support@vertigomenswear.com. If necessary, you can also ask to correct data that is incorrect, incomplete or irrelevant.

In case of use of data for direct marketing: You can object, free of charge, to the use of your data for direct marketing. To do so, you can always contact Vertigo, support@vertigomenswear.com.

We treat your data as confidential information and will not pass it on, rent or sell it to third parties.

The customer is responsible for the use of his password and for keeping his login details confidential. Your password is stored encrypted, so Vertigo has no access to your password.

Vertigo keeps online (anonymous) visitor statistics in order to be able to see which pages of the internet site are visited and to what extent.

If you have any questions about this privacy statement, please contact us at support@vertigomenswear.com.

 

Article 12: Use of cookies

During a visit to the site, 'cookies' may be placed on your computer's hard drive. A cookie is a text file that is placed by a website's server in your computer's browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.

You can set your internet browser not to accept cookies, to warn you when a cookie is installed or to remove cookies from your hard drive afterwards. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphical elements may not appear correctly, or that you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

 

 Article 13: Impairment of validity - non-avoiding

The invalidity, illegality or nullity of any provision of these Terms and Conditions shall in no way affect the validity, legality and applicability of the other provisions.

Vertigo's failure at any time to enforce any of the rights listed in these Terms and Conditions, or to exercise any of them, will never be considered a waiver of such a provision and will never affect the validity of these rights.

 

Article 14: Modification of terms and conditions

These Terms and Conditions are supplemented by other terms and conditions to which explicit reference is made, and the general terms and conditions of sale of Vertigo. In the event of contradiction, these Terms and Conditions take precedence.

Vertigo may amend these Terms and Conditions at any time without further notice. Any purchase made after the amendment implies acceptance by the Client of these new Terms and Conditions.

 

Article 15: Proof

The Customer accepts that electronic communications and backups may serve as evidence.

 

Article 16: Applicable law - Competent court

Belgian law applies, with the exception of the provisions of private international law on applicable law and of the Rome I Regulation on contracts for the international sale of goods. In the event of any disputes, the courts in the district of Kortrijk have exclusive jurisdiction.

If any part of these terms and conditions, which constitute the contract between the parties, were to be unlawful or void for any reason, this would not affect the validity of the other parts of the contract, unless it could not continue to exist without this void provision.

 

RIGHT OF WITHDRAWAL

 

In accordance with Article VI. 53 of the Commercial Code, the purchaser has the right to revoke his online order within 14 calendar days from the day following the delivery of the products. There will be no return if the product and its packaging are no longer in their original, complete, undamaged and unused condition. All accompanying documentation, warranty certificates, gifts and packaging materials must be enclosed with the return shipment.

The revocation period expires 14 calendar days after the day on which the customer has received the goods at home.

If the product has not been received in accordance with the conditions of the right of return, the purchase price will not be refunded. The product remains the property of the buyer who is obliged to collect its property within two weeks.

The buyer is not entitled to return products for which there are no justified complaints.

The purchased product must be returned undamaged and in its original packaging with sufficient postage paid to the return address mentioned below. The purchaser must add his account number so that Vertigo bv can carry out the refund. Only the amount actually paid will be refunded and this within 30 days after the products have been received at the return address.

Return address:

Vertigo bv

Peperstraat 50i

9800 Bachte-Maria-Leerne

These revocation conditions and the return address mentioned only apply to products purchased in the webshop.

The shipping costs for returning products ordered online will be borne by the buyer. If the buyer comes to exchange the purchased products in the shop of Vertigo bv, this is free of charge.

Products must be returned or returned in their original condition, i.e. unworn and undamaged. Shoes must be returned in pairs and all accessories must be returned as well. The invoice and return form must also be added at all times.

Will not be taken back under any circumstances:

- worn shoes or clothing

- shoes with (slightly) damaged soles

- shoes without original packaging

- shoes of which accessories such as soles, laces, extra pockets are missing

- shoes damaged by misuse

- clothing that was used

- clothing with a broken seal

- Clothing whose original packaging has been damaged

 Model form for exercising the right of withdrawal can be found here:

https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf

Vertigo bv is not liable for any damage, theft or loss that occurs when returning the packaging or the product.

Always fit shoes on carpet, this prevents damage to the soles.

In order to exercise the right of withdrawal, the purchaser must inform Vertigo bv, Peperstraat 50i, 9800 Bachte-Maria-Leerne, support@vertigomenswear.com, by means of an unequivocal statement (e.g. in writing by post or e-mail), of its decision to withdraw from the contract.

In order to comply with the withdrawal period, the buyer must send his notice of his exercise of the right of withdrawal immediately upon receipt of the goods.

The Buyer must return or hand over the goods to Vertigo bv, Peperstraat 50i, 9800 Bachte-Maria-Leerne without delay, but in any event no later than 14 calendar days after the day on which he has notified Vertigo bv of his decision to withdraw from the contract. The purchaser will be on time if he returns the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods shall be borne by the Buyer, or the Buyer may exchange the goods free of charge at the depot, Peperstraat 50i, 9800 Bachte-Maria-Leerne.

If the returned product has in any way diminished in value, Vertigo bv reserves the right to hold the Buyer liable and to claim damages for any diminished value of the goods resulting from the use of the goods by the Buyer beyond what is necessary to determine the nature, characteristics and functioning of the goods.

When returning goods, we advise you to return them by registered post. Unfortunately, Vertigo bv cannot accept any liability for the loss or damage of the goods upon return, so it is in your own interest to return the goods by registered post.

The buyer will pay the shipping costs to return the product(s).

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