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.
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:
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: email@example.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.
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 apply only to Customers who, in their capacity as consumers, purchase articles online from Vertigo.
The Client is entitled to withdraw from the contract within a period of 14 calendar days without stating reasons.
The withdrawal period will end 14 calendar days after the day on which the Client or a third party designated by the Client, other than the carrier, takes physical possession of the item.
To exercise the right of withdrawal, the Client must inform Vertigo (Peperstraat 50i, 9800 Bachte-Maria-Leerne, firstname.lastname@example.org) of his decision to withdraw from the contract by means of an unequivocal statement (e.g. in writing by post, fax or e-mail). The Customer may use the attached model withdrawal form for this purpose, but is not obliged to do so. You can find the model form for exercising the right of withdrawal here: https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf
To comply with the withdrawal period, the Customer must send his notice of exercise of the right of withdrawal before the withdrawal period has expired.
The Client must return the goods or hand them over to Vertigo, Peperstraat 50i, 9800 Bachte-Maria-Leerne, without delay, and in any event no later than 14 calendar days after the day on which he notifies Vertigo of his decision to withdraw from the contract. The Client is in good 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 Customer. When returning goods, we advise doing so by registered post. Unfortunately, Vertigo bvba cannot accept any liability for loss or damage to the goods on return, so it is in your own interest to return the goods by registered post.
If the returned goods have lost their value in any way, Vertigo reserves the right to hold the Client liable and to claim compensation for any loss of value of the goods resulting from the Client's use of them beyond what is necessary to establish the nature, characteristics and operation 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 returned. Products must be returned in their original condition, i.e. unworn and undamaged. Shoes must be returned in pairs and all accessories must be returned with them.
Will not be taken back under any circumstances:
- worn shoes or clothing
- shoes with (slightly) damaged soles; therefore always try shoes on carpet, this prevents damage to the soles.
- shoes without their original packaging
- shoes of which accessories such as soles, laces, extra pockets are missing
- shoes that have been damaged through misuse
- clothing that has been used
- clothes with a broken seal
- clothes of which the original packaging has been damaged
If the Client withdraws from the contract, Vertigo will refund all payments received from the Client up to that time, including the cost of the standard delivery fee, within a maximum of 14 calendar days of Vertigo being informed of the Client's decision to withdraw from the contract. In the case of contracts of sale, Vertigo may delay repayment until it has received the goods in full, or until the Client has supplied evidence of having sent back the goods, whichever comes first.
Any additional costs resulting from the Client's choice of a mode of delivery other than the cheapest standard delivery offered by Vertigo will not be refunded.
Vertigo will refund the Client by the same means of payment with which the Client effected the original transaction, unless the Client has expressly agreed otherwise; in any event, no costs will be charged to the Client for such refund.
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 email@example.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, firstname.lastname@example.org. 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, email@example.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 firstname.lastname@example.org.
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.
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.