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GENERAL CONDITIONS OF SALE AT IW COUTURE (IW COUTURE)

These conditions of sale are concluded on the one hand by the company IW COUTURE represented by ODABAS Melissa registered in the Belgian trade and companies register under number BE0754 609 817 and on the other hand, by any natural or legal person wishing to proceed to a purchase in our shop called I.

Article 1 – Application of our general conditions of sale

Any order and purchase made to our company expressly entails acceptance by the customer of our general conditions of sale without reservation or restriction. For custom orders, the customer expressly declares to accept the conditions without reservation by   his signature affixed to the order form. These general conditions of sale specify in particular the conditions of ordering, payment and delivery of any products ordered by the customer.
They are communicated to the buyer in different ways: website, on-site availability, invoice or purchase order.

They can be modified at any time, the applicable conditions being those in force on the date of the order.

Article 2 – Our prices and terms of payment

Our prices are fixed in euros, are not subject to revision and include all taxes. Any change in the applicable VAT rate will be reflected in the prices of the items ordered. Any possible shipment will give rise to transport costs to be paid in addition for the customer. 

Our ready-to-wear products are to be paid in full on the day of purchase and do not include any alterations to be made to the dress. 

Our products from the made-to-measure collection include the manufacture of the model in semi-measurement, the so-called classic adjustment alterations as well as the changes if noted on the invoice (if possible and accepted by the IW COUTURE workshop). No service of the made-to-measure collection will be undertaken without a deposit representing 50% of the price of your order being paid on the day of the order. The balance of the price is paid during the final fitting (or second fitting). Unless otherwise stipulated in writing, our invoices are payable in cash. If the payment of the deposit of 50% or the adjustment fitting is expected by transfer as stipulated on the signed invoice, the customer will have a legal period of 15 days for the payment of this, within 15 days of the order. will be automatically cancelled. Payments of the balance of the goods by bank transfer or by cash on the day of the final fitting. Partial payments are analyzed as installments and not deposits: they cannot therefore be returned in the event of cancellation of the order and constitute a commitment to pay the full agreed price even in the event of cancellation of the order by the client. It is specified that the amounts mentioned on the quote are valid for 30 days. Beyond these 30 days, the IW COUTURE company reserves the right to adapt them at any time. In the event of an express order (less than 2 months before the wedding), the client will be asked to pay the full amount at the time of the order. Payments are made by debit card (Maestro or Bancontact), by bank transfer via the smartphone application directly at the showroom or in cash directly at the showroom (to be specified that the sum will then be requested in cash in its entirety). In all cases, the customer will receive an invoice directly confirming the sale and the acceptance by the customer of the general conditions of sale without reservation or restriction. It should be noted that the dress will only be delivered to the customer in the event of payment of the balance in full. Once the dress has arrived, an appointment will be made to pick it up. In case of no-show of the client, the balance will remain due. Failure to pay on the due date (order, adjustment fitting and final fitting) will result, after notification of a formal notice that has not been followed up at the end of a legal period of 8 days, in the payment of late payment penalties equal to the legal interest rate in force in accordance with article 1153 of the Civil Code.”.

Article 3 – Cancellation, exchange or refund conditions

The sale of a made-to-measure or ready-to-wear dress remains firm and definitive and cannot be subject to any cancellation or refund. In the event of cancellation of the marriage, request for cancellation of the order by registered letter with acknowledgment of receipt, the buyer will be required to fully pay for his purchase under penalty of legal proceedings. Bespoke dresses being made to the customer's measurements and responding to a personalized request, the customer cannot, in the event of cancellation, require the IW COUTURE boutique to issue a credit note or a refund. , under the price paid by him. For our accessories, no exchange or refund can take place after the order unless the conformity of the good is questioned in a legitimate way (manufacturing defect or error in the order). Any item on sale or destocked upon purchase (including the purchase of a destocked ready-to-wear wedding dress) will not be refunded or exchanged.

Article 4 – Adjustments and variations in measurements and/or weights

The classic adjustments included in the production of the made-to-measure dress concern the following: hem, shoulder/sleeve adjustments, neckline readjustment, removal or placement of small decorations. The classic adjustments are included in the price  sur-mesure unless the wedding date noted on the invoice or order form is exceeded. For any postponement of a wedding with a later date, the classic adjustments made by the company will be the responsibility of the customer. Any additional adjustments desired by the customer will be charged additionally. If, between the order and the fitting of your dress made, your measurements have changed, including due to pregnancy, the costs relating to alterations greater than 4 cm or corresponding to the passage of the garment to a larger or smaller size will be invoiced. in addition. Usually the invoicing is established as such: 50 eur to 80 eur excl. VAT per change to a higher or lower size. Furthermore, the IW COUTURE store does not guarantee the technical possibility of alterations in the cases explained above (including pregnancy). In case of disagreement on the price of these additional alterations, the creation will be carried out in accordance with the initial order without additional alterations and delivered as such to the buyer.

Article 5 – Alterations, adaptations and modifications subsequent to the date of the order

For ready-to-wear models, it is agreed that the unit price appearing on the order is “all taxes included” (TTC) and does not include any alterations to be made to the dress. The customer is free to turn to the alteration workshop of his choice or to request a quote (flat rate or alteration) from the company's sewing team directly. Any transformation of the initial model (known as the basic model) made to measure, namely so-called "non-classic" alterations, not indicated on the order, will give rise to additional invoicing of the amount of the alterations due or to a possible refusal by the person responsible for the 'business. Any changes desired by the client must be reasonable and explained when ordering, subject to acceptance by the company, the designer and her team. By default, the model will be determined by the exhibition prototype of the current collection in the showroom, but no change whatsoever to the basic model can be guaranteed. ODABAS Melissa reserves the right as a designer to make the necessary adaptations to the model ordered according to the morphology of the buyer, the availability of the materials used, the technical difficulties encountered and the wishes expressed by the latter.   Any subsequent modification, not provided for on the order form or the invoice, without the agreement of the designer and her team, will be the sole responsibility of the buyer. Nevertheless, if expressly requested by the customer, the dress will be returned to him as is and the alterations may be carried out by the alteration workshop of his choice, at the customer's expense and without the company's liability being incurred. If the buyer wishes to make adaptations to the basic model, he cannot issue a complaint or claim compensation/commercial gesture: If the changes decided by the customer, after the order and during manufacture, are not respected; If the customer does not sufficiently provide the desired information when ordering; In the event of force majeure (including strike, technical incident, shortage of raw materials or supplier delay). In case of disagreement, feasibility or not of the modifications or on the price of these modifications, the dress will be established in accordance with the initial order and the link with the company IW COUTURE will end. The customer will then be responsible for making his own contacts in order to adjust his dress accordingly. 

Article 6 – Purpose and formation of the sales contract

For made-to-measure items, the customer chooses from the models of dresses presented to him in the showroom and in the catalogue. Once his choice has been made, the customer places an order with the company by issuing an invoice. The signed invoice constitutes a sales contract.
By this contract, the customer purchases the goods and articles listed on the order form. This sales contract is definitively and irrevocably formed by the affixing of his signature on the said document. The goods sold and the delivery conditions cannot be modified, except with the prior agreement of the company IW COUTURE. This invoice includes the name of the future bride, the date of the wedding, the customer's contact details, the date of the first fitting, the name of the model (the modifications being noted on the invoice or the attached technical sheet), the estimated delivery date or desired and the price of the dress ordered. By signing the invoice, the customer acknowledges the accuracy of the measurements taken in store. The customer acknowledges being perfectly aware that in the event of a change in the measurements (including in the case of pregnancy) between the moment of signing the invoice and the moment of delivery, the resulting costs will be charged to him. charge. It is expressly agreed that the photographs of the products published on the instagram @iwcouture.be site and other media and descriptions intended to present the said products and indicating their name have no contractual value. IW COUTURE cannot be held liable in any way concerning them, only the visual elements possibly attached to the order having binding value.

Article 7 – Availability and delivery time

Our delivery times are given as an indication. The delivery of our items means a collection in store, unless otherwise expressly agreed shipping specified on the invoice. If a deadline is imperative, it must clearly be specified as such on the order form or invoice Our dresses and accessories of artisanal quality and made to measure require manufacturing times which may vary from one model to another. The supply of particular raw material, the manufacturing time, the presence of rare accessories can increase the manufacturing times and, consequently, the delivery times. The same imperatives can lead to the temporary or definitive suspension of the manufacture of an article. Any foreseeable delay in delivery with regard to the date agreed on the order form will be notified to the customer, as well as the additional waiting period, within 15 clear days after the order. The customer cannot claim any damages for this reason. In this case, the order may be subject, at the customer's express request, to cancellation or delivery of a replacement model approaching the initial model, the production of which is delayed. In the absence of diligence from the customer, the model will be delivered on the newly notified date. In the event of the permanent unavailability of a model, the customer will be notified within the same period of 15 clear days. At the customer's express request, the order may be subject to the delivery of a model approaching the initial unavailable model. In the absence of diligence from the customer, the order will be cancelled. The customer cannot claim any damages for this reason. During the second fitting corresponding to the final fitting and delivery of the dress, the customer checks whether the dress conforms to her order. For a question of insurance, we ask the customer to take her dress during this fitting if the product is compliant. The second fitting (final) must imperatively take place no later than 2 weeks before the date of the wedding notified on the invoice, otherwise the IW COUTURE boutique will refuse to carry out any alterations and adjustments and will ask the client to come and collect her dress as it is.

Article 8 –  Compliance

The characteristics of our dresses and accessories are determined by the collections   presented in store (fitting models) or in the catalogue. However, our dresses, their alterations and adaptations, our shades, colors and accessories, are made by hand. Our articles generally constitute exclusive models, slight differences or even adaptations would not modify the quality of the delivered goods which would remain in conformity. All our dresses are handcrafted in Turkey/Belgium and the way of positioning the laces/finishes can sometimes vary according to the shape of the client, her size or the perception of the seamstress. This is part of craftsmanship. Variations can therefore occur from one model to another without the conformity of the goods delivered, within the meaning of article 1604 of the Civil Code, being able, on this account, to be called into question. The materials used are of superior quality, rare and fragile materials with artisanal weaving, variations or tears (wild silk, satin, muslin, silk muslin, crepe muslin, silk crepe <10 cm) can therefore occur without the quality of the fabric or its manufacture, within the meaning of article 1604 of the Civil Code can, on this account, be called into question.   The products will be approved by the customer in the flesh during the fitting. If this were not the case, any dispute relating to the model tried on must be sent to us in a precise and detailed manner, within 24 hours of the fitting (before the start of the classic alteration work). The aggregation will cover all apparent defects and lack of conformity, i.e. all those which it was possible for the buyer to detect at the time of the tailor-made fitting or within 24 hours which followed by careful and serious control. The lack of conformity denounced by the customer within the time limits will give rise, at our free choice, to the repair of the defective good or to its replacement. If repair or replacement proves impossible or disproportionate, we will offer an adequate reduction in price or replacement with a conforming good. Any subsequent dispute may be considered inadmissible and the alterations will be examined as abusive or not by the manager without guarantee of acceptance.

Article 9 – Warranties

By taking the items (whether an order or a ready-to-wear item), the customer acknowledges that they comply with the specifications of the order and have no apparent defect. Any complaint concerning the defects of the products delivered must be made before they are taken from the showroom. No claims will be entertained once the item is taken out of it. Intervening as an intermediary, the company IW COUTURE   cannot be held responsible for defects resulting from the manufacture, alterations or damage suffered during transport. In the event of a complaint recognized as founded or on its own initiative, the company undertakes to do everything possible to obtain the replacement of the disputed items in compliance with the specific regulations of each of the brands represented / each of the designers represented. The company IW COUTURE cannot be held responsible for delays in delivery if the latter are attributable to the designers/brands represented or if the latter are attributable to the customer, resulting for example from late orders or requests for modifications to the late order, when even said requests for modifications would be accepted without reservation by the company. The company IW COUTURE cannot be held responsible in the event of a change in size or measurements compared to those noted when ordering. In the event of a defect on one of our models noted before they are taken from the showroom, our intervention is limited to the repair of the model. If repair is not possible, the item will be replaced with a new one, identical to the one purchased or ordered. The defects found on the goods, once the date of the wedding has passed, cannot be blamed on the company.

Article 10 – Physical and intellectual property retention clause

IW COUTURE retains ownership of the goods sold (wedding dresses or accessories) until full payment of the price in accordance with article 1583 of the Civil Code. Furthermore, no delivery can take place without full payment having been paid by the customer. All elements of the instagram @iwcouture.be site are and remain the exclusive intellectual property of IW COUTURE. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the written consent of IW COUTURE. All images presented on this website belong to their respective authors.

Article 11 – Personal data and privacy

The personal data communicated by the customer and collected by the company IW COUTURE  are only used for the purposes of processing the order and relations with the said company. The personal data transmitted, in particular the personal photographs, may be used by IW COUTURE for self-advertising purposes but will not be communicated to any third parties whatsoever and may be deleted from our files by simple written request. Your personal data, communicated through the contact form, is only used for processing the order and relations with the company IW COUTURE (eg: request for information, etc.). Your personal data will never be communicated or sold to any third parties. Your data may be deleted from our files by simple written request. 

 

Article 12 – Settlement of DISPUTES

In the event of non-compliance by our co-contractor with its contractual obligations and/or a possible misunderstanding by one of the parties, the company IW COUTURE reserves the right to offer, as a last resort, partial reimbursement of the goods ( the deposit paid with the order will be kept for the production of the creation, the loss of time caused and any alterations already made) and to immediately interrupt any commercial relationship with the customer. The merchandise will therefore remain the exclusive property of the IW COUTURE boutique. These general conditions are governed by Belgian law and any dispute will be the exclusive jurisdiction of the Courts of Brussels. The manager may, however, waive this jurisdiction clause and, if he prefers, cite before the competent court under common law. 

Written January 2021

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