Terms and Conditions

Seller: Damiaan.Co Srl (referred to as DAMIAAN)

VAT number: BE0792474360

registrated at the Chamber of Commerce (Carrefour des entreprises

Avenue Père Damien 28, 1150 Woluwe-Saint-Pierre, Belgium

Telephone: +32 488 30 30 39

e-mail address: damiaan@damiaan.co 

Customer: a natural person who is of legal age and who is not acting within the context of practicing a profession or conducting a business, with whom the Seller concludes an Agreement.

Order: an order placed by the Customer in accordance with the procedure described in article 2.1 for the delivery of the Product.

Product: leather goods by DAMIAAN that the Seller offers for sale on the Website.

Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.

Agreement: The Order, which the Seller has accepted as such.

Website: http://www.damiaan.co

ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS

1.1  These General Terms and Conditions that have been made available online by the Seller on www.damiaan.co govern all offers, orders, agreements and other legal relationships between the Customer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.

ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT

2.1  An Agreement will be concluded by the Customer and the Seller exclusively by means of the Seller’s acceptance of an Order (the offer) from the Customer that has been placed on or via the Website in the following manner: – The Customer has selected the Product desired in the desired style and has added the Product to the shopping cart. – The Customer has followed and completed the following steps: – Step 1: The Customer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired. – Step 2: The Customer has checked the order. – Step 3: The Customer has selected the payment method desired and possibly has made a full advance payment. – The Order has been placed. – The Customer will receive a confirmation of the Order that has been placed in an electronic manner (via the Website). If the Order has been accepted by the Seller, the Seller will send the Customer a confirmation, by e-mail, as soon as possible after the Order has been placed.

2.2  The Seller will be entitled to reject the Order placed by the Customer in the following cases, among others: – If the information that the Customer has filled in is incorrect and/or incomplete. – If the Customer’s payment is not received within the agreed term. – If the Customer has already failed to comply with his/her payment obligations towards the Seller in the past. – If the Customer in the past has failed to accept and/or collect Orders that he/she placed with the Seller. – If there is an obvious mistake or error, for example in the prices indicated on the Website. – If the delivery address desired is not located in Belgium. The Seller will notify the Customer as quickly as possible if an Order is not accepted. 

2.3  The Seller will keep the Agreement on file and retain it for a certain term (having a minimum of seven years). If the Customer has his/her own account he/she will be able to consult the Agreement by logging in to that account. The Customer may also request a copy of the Agreement from the Seller – as long as the Seller has it on file – by contacting the Seller via the contact details that can be obtained by clicking on the ‘Contact’ button on the Website.

2.4  The Agreement, including the security and privacy placed on the Website and these General Terms and Conditions, constitute the entire agreement between the Customer and the Seller with respect to the use of the Website and the placement and execution of an Order.

ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES

3.1  Shipment will be made using a carrier designated by the Seller.

3.2  After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Customer, provided that the Seller has received the full Purchase Price if the Customer has chosen for advance payment and unless the parties have agreed on a longer or specifically agreed delivery period.

3.3  The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Customer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.

3.4  The Customer will receive notice within 14 (fourteen) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Customer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.

3.5  The risk with respect to any damage to or loss of the Products will be transferred to the Customer as from the time at which the Products are delivered. 

ARTICLE 4. PRICE AND PAYMENT

4.1  The prices indicated on the Website are denominated in Euros, and include the Value Added Tax (VAT) (if applicable) and are exclusive of shipping costs. If applicable the VAT will be shown on the order confirmation. The shipping costs will be charged separately in respect of each Agreement. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.

4.2  The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.

4.3  Payment may be made using the methods provided on the Website and must be made before the Product has been shipped.

4.4 The Customer is obliged to notify the Seller immediately regarding any errors in the payment details that the Customer has provided to the Seller.

4.5  In the event that the Customer exceeds the term for payment he/she will be in default by operation of law, and the Seller will be entitled to charge statutory interest on the outstanding amount as from the due date.

ARTICLE 5. RETENTION OF TITLE

5.1  The Seller will retain the title in respect of any and all goods to be delivered until the following obligations towards the Seller have been complied with in full: – the performance and obligations (including payment obligations) that the Customer owes/has in respect of any and all goods that have been or that will be delivered in accordance with the agreement; and – claims on the ground of the Customer’s breach in respect of his/her compliance with this agreement.

ARTICLE 6. GUARANTEE AND LIABILITY

6.1  The Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Customer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Customer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.

6.2 The Seller refers to the disclaimer with regard to its liability in respect of the Website and the use of the Website.

ARTICLE 7. APPLICABLE LAW

7.1  The Agreement between the Customer and the Seller is governed by Belgian law.

ARTICLE 8. INVALID PROVISIONS

8.1 In the event that any provision contained in these General Terms and Conditions is invalid: – the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and – the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.

ARTICLE 9. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS

9.1  The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Customer must always consult these General Terms and Conditions before using the Website. If the Customer is unable to consult the General Terms and Conditions via the Internet the Customer will request the Seller to send him or her a copy of the most recent version of the General Terms and Conditions by e-mail.

DISCLAIMER

The rights with respect to this website (the "Website") and the information, products, materials, software and services contained therein or otherwise provided thereby (the "Information") are owned by DAMIAAN,, its group companies and/or its licensors ("DAMIAAN"). DAMIAAN may amend these terms, the Website and/or the Information at any time without prior notice as well as deny or limit access to the Website and/or the Information.  

DAMIAAN hereby grants you a non-exclusive, revocable, non-assignable and non-sublicensable right to use the Website and the Information for personal and non-commercial use only. All other use is prohibited, including disclosure, copying, distribution and linking (including framing and deeplinking). DAMIAAN makes reasonable efforts to ensure that the Information on the Website is accurate and up-to-date. However, DAMIAAN does not guarantee that the Information is complete and correct.  

Electronic communication is not secure and may be intercepted by others, software or spam filters; manipulated; infected with malicious code including viruses; and may not arrive at its destination or be delayed.  

Use of the Website and the Information is at your own risk. DAMIAAN does not warrant the operability, accuracy, reliability, completeness, timeliness of the Website nor the uninterrupted, timely, secure or error-free operation of the Website. Use of the Website (including downloading thereof) is at your own risk. DAMIAAN does not guarantee that the Website, the servers or electronic communication is free of viruses or other harmful material.  

DAMIAAN is not liable for any costs incurred or damage sustained directly or indirectly in connection with the Website, the Information or electronic communication, including if the Website, the Information or electronic communication (i) is unusable or can only be used in part or with limitations, (ii) lacks accuracy, relevance or currency or contains typing errors, (iii) is intercepted, manipulated, infected, does not arrive at its destination (iv) is delayed, (v) causes loss of data or (vi) harms computer systems. All exclusions of liability shall apply regardless of the legal ground on which liability is based.  

The provisions in these terms are made for the benefit of DAMIAAN and its past, present and future group companies, shareholders in DAMIAAN and their respective holding companies, persons having worked for, working for and going to work for DAMIAAN or any of its group companies (such as partners, advisors, employees, trainees, temps and free-lancers and including third party suppliers and subcontractors).  

The legal relationships to which these general conditions apply shall be governed by and construed in accordance with the laws of Belgium. Disputes shall be submitted to the competent court in Brussels. Notwithstanding the above, DAMIAAN shall have the right to institute proceedings in any competent court in your jurisdiction.