ON-LINE SALES TERMS AND CONDITIONS
Any person wishing to make a purchase on one of our Sites is required to read these On-Line Sales Terms and Conditions before placing an order on these Sites. Customers shall expressly agree to these On-Line Sales Terms and Conditions before placing an order or the transaction will not be completed.
These On-Line Sales Terms and Conditions (“Terms of Sale”) shall apply to all product purchases at the be.pyke-sunglasses.com, www.pyke.be, fr.pyke-sunglasses.com and www.pyke.fr websites (jointly referred to as “Sites” and separately as “Site”) and shall govern the use of these Sites by any person browsing through and using these Sites (hereinafter referred to as “Site User”).
1. MERCHANT IDENTIFYING DATA
Pyke is a public limited company organized under the laws of Belgium and registered with the Crossroads Bank for Enterprises (BCE) under company number 0599.795.144, whose head office is located at Avenue Général Michel 1E, 6000 Charleroi, Belgium, hereinafter referred to as “Pyke”.
All correspondence with Pyke must be sent to our head office or to the following e-mail address: email@example.com.
A Site User who registers to use the Sites is referred to as a Customer.
Pyke reserves the right to modify these Conditions of Sale at its discretion and without notice. Any changes will apply to all orders placed after the publication date of the revised Conditions of Sale on our Sites. Outstanding orders shall remain subject to the Conditions of Sale applicable when the order was placed.
These Conditions of Sale protect the rights of Customers as consumers. For any questions, Customers may refer to the Sites or contact Pyke at the following e-mail address: e-mail firstname.lastname@example.org.
These Conditions of Sale may be viewed on our Sites and printed or downloaded at any time.
3. USER ACCOUNT
Registration entitles Customers to make purchases, access their account and view their order history.
To register, Customers must provide their personal contact details, such as family name, given name(s), address, phone number, e-mail address, date of birth, preferred means of payment and so forth.
Pyke shall not be liable for non-receipt of orders due to mistakes made by the Customer when entering his or her contact details.
Once the account is created, Customers select a password that they should keep secret and refrain from disclosing to others. When a Customer suspects that someone is using their account without his or her permission, this should be reported immediately to Pyke Customer Service, which can reset the password and take any measures it deems appropriate.
Customer e-mail addresses shall be valid and accessible by the customer.
In no event shall Pyke be held responsible for the fraudulent use of a Customer’s account where the Customer directly or indirectly discloses his or her password, whether intentionally or not, to a third party.
The Customer undertakes to provide accurate and verifiable information to Pyke when creating an account.
4. CONCLUDING AN ONLINE SALE
The product catalogue and its descriptions do not constitute an offer as such. Sales will not be regarded as complete until receipt of the e-mail by the Customer confirming the order.
5. TRANSFER OF OWNERSHIP
By way of derogation from Article 1583 of the Belgian Civil Code, Pyke shall retain ownership of the merchandise sold until partial payment is made. In any event, the risks of loss and damage relating to the goods in question shall be transferred to the Customer upon taking possession of the goods.
Our prices are inclusive of VAT, unless otherwise stated. Standard shipping and delivery costs shall be based on the place of delivery specified by the Customer.
The price of all goods available for sale is subject to change. When an order is placed, the price displayed and in effect at the time of ordering shall apply.
Several different means of payment are accepted, including:
- Belfius Net Banking
- ING HomeBank
- KBC/CBC Online
Our on-line payment systems are provided by our business partner, Ogone/Ingenico (www.ingenico.com).
The goods shall be delivered to the address specified during the ordering process and within the time limits shown on the order validation page.
Pyke shall not be held responsible for delays in delivery due exclusively to the Customer’s continuing unavailability after several attempts to arrange a delivery time have been made.
Upon delivery, the Customer shall inspect the ordered goods to ensure there are no faults or other visible defects or non-conformities. In particular, the Customer shall inspect the condition of the packaging, the number of parcels, the quantity of products delivered, the product numbers, the condition of the products delivered and their characteristics.
If there is reason to file a complaint, the Customer will also contact the shipper responsible for delivery.
Complaints will be accepted provided the Customer:
- Indicates precise and justified reasons for the complaint directly on the delivery slip in the event of damage or missing items; general reservations such as “received pending inspection” will not be accepted,
- Confirms any reservations within 14 days of receipt by posting a Registered Letter to Pyke’s head offices, sending an e-mail to email@example.com or using the on-line form provided at our Sites for this purpose.
The standard 2-year warranty shall apply.
This warranty covers any conformity defects existing at the time the product is delivered. Therefore, the following are excluded:
- Direct or indirect damage caused after delivery (due to oxidation, shock, dropping, etc.);
- Deliberate damage caused by negligence, improper handling, poor care, inappropriate use or failing to heed the user instructions.
Nonconformities must be reported within sixty days of discovery otherwise the complaint will not be accepted.
Requests for service shall be e-mailed to firstname.lastname@example.org or forwarded using the on-line contact form available on our Sites.
10. RIGHT OF WITHDRAWAL
Pursuant to Articles VI.47 et seq. of the Belgian Consumer Protection Code, Customers have the right to notify Pyke that they intend to cancel their purchase without penalty or specifying a reason within a period of 14 days starting from the day after delivery of the product. Used, damaged or disassembled products may not be returned.
Customers wishing to exercise this right must, within 14 days of receipt of the order, send an e-mail to Pyke at email@example.com containing their contact information and the order number or use the on-line form provided for this purpose on our Sites.
Pyke undertakes to refund the Customer’s money within 30 days of receipt by Pyke of the returned products, including any accessories, in their original packaging.
Merchandise shall be returned at the Customer’s expense unless otherwise instructed by Pyke.
The parties shall accept electronic evidence (e-mail, back-up, etc.) as proof.
12.GRAPHICS, ILLUSTRATIONS AND PHOTOS
Photos and/or graphics published for illustrative purposes only at our Sites may not accurately represent the product offer in question. Photos, illustrations or graphics are in no way contractually binding.
13. INTELLECTUAL PROPERTY
All graphics, texts, scripts, sounds and, more broadly, any and all materials found on our Sites are protected by copyrights owned by Pyke or its business partners. No Customer, Site User or third party may use any of these elements without submitting a request to Pyke in advance and securing approval from Pyke in writing. Unauthorized reproduction is liable to criminal prosecution.
Hyperlinks to our Sites may only be published if the URL appears.
Personal data may be collected and processed strictly for clearly-defined purposes indicated at the time of collection pursuant to Directive 2002/58/EC concerning the processing of personal data and the Belgian Law of 8 December 1992 concerning the protection of privacy with respect to the processing of personal data.
Site Users shall retain the right at all times to access and rectify such data with a view to ensuring its accuracy and correcting any errors.
Some data is also collected automatically in connection with the use of the website, such as IP addresses, the time of day the Site was visited and the pages viewed.
By browsing our Sites, Site Users agree to the collection and processing of their personal data. Such processing may involve international data transfers to affiliates, service providers and other business entities established in Belgium and in foreign countries.
Site Users also agree to allow Pyke, its affiliates and/or third-party service providers to use their personal data for direct and indirect marketing purposes.
Subsequent use of one of our Sites denotes acceptance of this policy. Please do not use our Sites if you disagree with any part of this Policy.
15. APPLICABLE LAW AND FORUM SELECTION
Any and all disputes shall be governed by Belgian law.
Should a dispute arise between the parties as to the validity, interpretation or performance of this agreement that cannot be amicably resolved, the parties will attempt to settle their differences through mediation under the rules formulated by bMediation, avenue Louise 500, 1050 Brussels.
Mediation will begin within a period of 15 days following the request for mediation delivered by one of the parties to the other. The duration of mediation may not exceed 15 days, unless otherwise expressly agreed between the parties.
In the event that mediation fails, the French-speaking Courts of Brussels shall have jurisdiction.