Preliminary provisions
The General Terms and Conditions of Use and Sale ("Terms & Conditions") define the contractual conditions of the relationship between Bellerose, Second-Hand Bellerose, and the online users of the Website second-hand.bellerose.com.
The "Website," meaning the platform under the domain name second-hand.bellerose.com, on which the services of Bellerose are offered, namely the sale and purchase of second-hand items under the brand Second-Hand Bellerose.
The Terms & Conditions apply as soon as you access the Website and/or are using the services of sale and purchase offered by Second-Hand Bellerose.
The services of the Website are currently reserved for people residing in Belgium, France, or the Netherlands.
The Website is restricted to natural persons and for the personal use of the Items purchased or sold. Under no circumstances may the Website be used to support any form of commercial activity.
Except in cases of force majeure, Bellerose undertakes to use all means to provide users of the Website with access to the pages of the Website and to each Member's user account.
1. Registration and Member Account
The services of Second-Hand Bellerose are open to people duly registered on the Website. This registration is open to any person of age.
The "Member" is a natural person who can use the Website after creating an account and accepting these Terms & Conditions.
Any Member who wishes to register creates an account on the Website ("Member's Account"), firstly providing a valid email address and a password. It is through the Member's Account that the Member will be able to buy second-hand Items and use the Trade-In services.
All Members undertake to provide accurate information regarding their identity, address, and other data required to access and use the service and to update any changes in this information.
To benefit from the services offered by the Website, all Members must be residents of Belgium, France, or the Netherlands.
The Member undertakes not to communicate his or her connection identifiers, and the Website cannot be held responsible if any damage results from the disclosure of his or her identifiers by a third party. In case of loss of password, the Member can click on the link "forgotten password," and his identifiers will be sent to the email address he or she will have given during his/her registration.
The fact that a Member completes the registration form with one or more erroneous or incomplete data may result in the refusal of registration or the deletion of the account without notice or compensation and without any recourse on the part of the Member.
The Member undertakes to inform Bellerose without delay of any illicit use by third parties of his/her identifiers.
2. Members' obligations
A Member must guarantee the truthfulness and accuracy of the information he/she provides on the Website, and in particular, his/her civil status data.
At any time, Bellerose may ask the Member to prove the accuracy of his/her civil status data by sending a copy of his/her identity card as well as a proof of address (electricity bill). Failure to send the proofs within one month of the request authorizes Bellerose to delete the Member Account.
Members shall perform the contracts entered into in connection with the use of the Website in good faith.
A Member shall not:
- Offer counterfeit items.
- Create more than one account under any circumstances.
- Manipulate or intentionally break down the Website and the billing process.
- Distribute false information, defamatory information, slanderous information, and/or including personal information.
- Transfer his/her account and login information to another user.
- Copy, modify or distribute Website content, Website services and tools, and the Website brand.
- Harvest or collect information about Members without their consent or without the consent of the Website.
- Harvest or collect information about the Website without the consent of the Website.
- Access data on the Website that is not accessible to the Member or presented in an explicit manner.
- Hack, modify, deface or destroy Website data and access Website data that is not accessible or explicitly presented.
- More generally, use the Website in bad faith and/or fail to comply with any of the provisions of these Terms and Conditions.
- Post or disseminate in any form whatsoever information or content that has the effect of diminishing, disrupting or preventing the normal use of the services, interrupting and/or slowing down the normal flow of communications between Members through the services, such as software, viruses, logic bombs, mass mailing, etc.
- Disseminate viruses or any other technology that could harm the Website, the interests of the Members of the Website or their property.
Failure to comply with these prohibitions may result in the termination of the Member's account after an unsuccessful attempt has been made to stop the contractual breach via email within 7 calendar days of Bellerose sending the email.
Bellerose also reserves the right to close Member Accounts that have not been confirmed, as well as accounts that have been inactive for more than one year.
Selling - Trade-in Service
The Website offers a "Trade-in" service, open to all registered Members in Belgium, the Netherlands, and France.
When a Member uses the Website's services to send Items directly to Second-Hand Bellerose or to drop them off in-store in exchange for credit, it is called a Trade-in.
The "Credit" means the amount of money indicated on the Website for the trade-in of an Item at the time of entry on the Website under the heading Trade-in.
1. Accepted items
"Items" that are accepted for a trade-in are the ready-to-wear Bellerose Women's, Men's, and Children's items released after 2012 and offered by a Member for sale on the Website. Accessories, jewelry, underwear, socks and shoes, and any item that is not ready-to-wear are excluded.
Second-Hand Bellerose only takes back items whose types and sizes are defined in the Website's Trade-in module.
For now, we only accept Items sent from Belgium, France or the Netherlands.
Any item offered for sale must fit in one of the following categories:
- New condition: With original tag, never worn.
- Excellent condition: Like new, with no signs of wear or defects.
- Very good condition: With only minor wear and tear.
Items without a brand label or with a cut-off brand label will not be accepted.
Under no circumstances may the Items be in any other condition (damaged, worn, out of order, stained, with holes, deformed, dirty...).
It is the Member's responsibility to verify that the Item corresponds to the Trade-in criteria and that it falls within one of the 3 categories mentioned above. Upon receipt of the Item, Bellerose will check if the category indicated is in accordance with the condition of the Item. If necessary, the Trade-in amount will be reduced to reflect the actual condition of the Item, if it still falls into one of the categories listed above.
However, no Trade-in amount will be granted if the Item has defects that do not allow it to be offered for sale on the Website. The Member acknowledges that the refused Items will not be sent back. They will be given to an association, or will enter within the framework of an upcycling process.
Failure to comply with these rules may result in the suspension or even the deletion of the Member's Account.
2. The different steps of a Trade-in
ONLINE TRADE-IN:
Step 1: The online Trade-in request
The Member qualifies his/her Item in the Selling-section and obtains an estimate of its trade-in value thanks to the automatic calculator.
The estimated trade-in value is determined according to numerous criteria (type, material, condition, etc.) and is generated automatically. After the item has been checked by an expert, the trade-in amount is confirmed or declined by email within 10 working days from the date of receipt of the Item. The decision and amount will not be subject to any negotiation with Second-Hand Bellerose.
By exchanging an Article, the Member declares:
- To be the owner of the Article: to have the legal capacity and all the necessary authorizations to propose the Article as a Trade-in.
- To contractually commit to the truthfulness of the information given.
- To provide all necessary information on the quality and condition of the Item.
- To undertake to respect morality, good order, and public order in the description of the Item.
- Not to send counterfeit items: Second-Hand Bellerose reserves the right to verify the authenticity of an item and may refuse to accept the Item even if it turns out that the Item is not counterfeit.
Members are reminded that it is forbidden to offer counterfeit items. Counterfeiting is an offense punishable by law and infringes the intellectual property rights of brand owners. The Member shall communicate the original copy and/or a copy by electronic means of any element likely to justify the ownership of the Article, its origin, as well as its authenticity on simple request of the Website. The authenticity of the Item is an essential quality for Bellerose. In the event that Second-Hand Bellerose takes back an item, which subsequently turns out not to have this quality, Bellerose and Second-Hand Bellerose will consider themselves the victim of an error on the substance within the meaning of article 1110 of the Civil Code.
The Member remains the only one responsible for the Trade-in of an Item whose circulation will be prohibited, which would contravene the regulations in force, the public order, and good morals.
Step 2: Shipping of Items
The Member sends the Items free of charge. The Member must print the parcel label generated by the Website and sent by Bellerose to the Member via email, and stick it on the packaging of his/her Article. He/She uses his/her own packaging. The label must be legible. The package can be refused if the label is not legible, badly printed, badly stuck, or torn.
In order for the Item to be authenticated and eligible for a return, the Member must also print, fill, and sign a "Transfer Note" to transfer ownership of the Item to Second-Hand Bellerose. This Transfer Note will be generated by the website and sent to the Member by email, at the shipping stage of the Item. The Transfer Note contains the Member's name and the condition of the Item. IT IS MANDATORY THAT THE MEMBER SIGNS THE TRANSFER NOTE BEFORE JOINING IT IN THE PACKAGE. Otherwise, the Transfer Order will be null and void. After receipt, the Transfer Order is kept for 90 days, except in the case of a dispute, in which case it is kept until the expiration date.
The rules for packaging are as follows:
- Package dimensions: it is the Member's responsibility not to exceed the maximum dimensions (the sum of the length, width, and height must be less than 120 cm), indicated on the Website.
- Weight of the package: it must correspond to the weight of the advertised Article and must not exceed 20 kg.
- The packaging of the parcel must secure the contents and allow for handling and movement without risk to its integrity, but also for the safety of the transport personnel.
In the event that a Member does not respect these packaging rules, the carrier may refuse the package at its sole discretion. The acceptance of a package by the carrier does not imply acceptance of the conformity of the packaging to the rules indicated above. The Member's package may also be blocked at the carrier's office, and its recovery will be at the Member's expense. In this case, the Member shall be liable to pay the additional cost and collect the package at his/her own expense. It is the sole and entire responsibility of the Member to enter the information correctly and in a complete, honest, and accurate manner that will allow the carrier to proceed with the shipment of the Article from the shipping point to the deposit.
The Member deposits his/her parcel in one of the carrier's shipping points.
In case of a lost or damaged parcel during the transport operation, the insurance of B subscribed by Faume will take care of the compensation of the Member.
The Member who has confirmed a Trade-in commits him/herself to come and deposit his Article within 15 days following the reception of the confirmation email. Failing to comply will render the transport note invalid, and the exchange will be canceled. Nothing prevents the Member from creating a new Trade-in.
Step 3: Item reception and check
Second-Hand Bellerose receives the Items and checks each of them within 10 working days following the reception of the parcel. The Member receives a summary of the accepted or refused Items, with their values of resumption, by email at the address indicated on the Website at the time of its inscription.
In the event that the actual condition of the Item does not correspond to the condition indicated by the Member, the amount of the credit shall be reduced proportionally. If the Item is in an unacceptable condition, no credit shall be granted, as described in Article 2.1.
If the Items comply with the Trade-in conditions, the Website will then take responsibility for promoting and selling the Accepted Items online on the Website.
Step 4: Credit and Voucher
The Member shall receive the amount of his/her Credit in the electronic wallet of his/her Member Account, accessible in the "Credits" section on the Website. This amount is credited only after the Articles have been validated by quality experts.
Members may convert all or a part of their Credit into one or more "Voucher(s)". The Member may choose the amount he/she wishes to convert into each Voucher. This amount must be between €1 and €200, without exceeding the remaining amount of their Credit.
The promotional code of a voucher is valid immediately and for a period of one year following the day on which it was generated.
If the value of an order is greater than the amount of the Voucher, the Member must pay the difference using one of the other payment methods offered on the Site or in-store.
When generating a Voucher in the Credits-section, the Member must choose between either:
- A voucher to buy new items on the official Bellerose website (www.bellerose.com) or in one of the Bellerose shops in Belgium, France or the Netherlands.
- A voucher to buy second-hand items on the Bellerose Second-Hand website (second-hand.bellerose.com).
A voucher for bellerose.com is not valid on the second-hand.bellerose.com website. A voucher for second-hand.bellerose.com cannot be used on www.bellerose.com or in a Bellerose boutique.
Under no circumstances can a voucher be used on an order that has already been validated or on a purchase in a shop that has already been paid for.
All vouchers have an expiry date which is specified on the voucher itself.
Vouchers cannot be exchanged or refunded.
Voucher for Bellerose.com
A voucher for Bellerose.com is valid on all items available on the official Bellerose website (www.bellerose.com) and in Bellerose shops in Belgium, France and the Netherlands.
To pay for items sold by Bellerose with his/her Credit, a Member must first generate a Voucher for Bellerose.com.
On www.bellerose.com: The Member must enter the promotional code of his voucher in the "promotional code" section of the "Payment" page at the time of purchase. The discount will then be applied.
In-store: Members must provide the promotional code from the voucher to the sales manager at the checkout, before paying for their purchases.
A voucher can be used several times, on the Bellerose website and/or in-store, until the total amount has been spent.
A voucher for Bellerose.com can be combined with other vouchers and promotional offers.
Voucher for Second-Hand Bellerose
A voucher for Second-Hand Bellerose is valid on all items available on the Bellerose Second-Hand website (second-hand.bellerose.com), as well as the delivery costs associated with its online order.
To pay a Bellerose Second-Hand order with his Credit, a Member must first generate a voucher for Second-Hand Bellerose, by transferring the amount he wishes to deduct from his purchases.
The Member must enter the promotional code of his voucher in the "promotional code" section of the "Payment" page at the time of purchase. The discount will then be applied.
A voucher for Second-Hand Bellerose can only be used once, after which its promotional code will no longer be valid. The amount remaining on a voucher after validation of an order with that voucher, will be lost. This lost amount is in no way refundable to the Member. Nothing prevents a Member from generating a Voucher for Second-Hand Bellerose for the exact amount necessary for his/her order.
A voucher for Second-Hand Bellerose cannot be combined with other vouchers and/or promotional offers.
IN-STORE TRADE-IN
Step 1: Requesting a Meeting
Members can request an in-store meeting at a Bellerose location of their choice through second-hand.bellerose.com. Meetings can be scheduled up to 24 hours in advance and are available on Mondays and Thursdays, up to 30 minutes before the store closes. After submitting a request, the Member will receive an email confirmation from the store.
Step 2: In-Store Trading
At the store, the salesperson will welcome the member and register their pieces on second-hand.bellerose.com to obtain an estimate of the trade-in value using an automatic calculator. To do so, the salesperson will inspect each item and evaluate its condition. The estimated value is based on various criteria such as type, material, condition, etc., and is automatically generated. The decision and amount will not be subject to negotiation. The Member is free to accept or decline the offer. If they accept the offer, the salesperson will ask them to sign the present CUV CGV.
By exchanging an Article, the Member declares:
- To be the owner of the Article: to have the legal capacity and all the necessary authorizations to propose the Article as a Trade-in.
- To contractually commit to the truthfulness of the information given.
- To provide all necessary information on the quality and condition of the Item.
- To undertake to respect morality, good order, and public order in the description of the Item.
- Not to exchange counterfeit items: Second-Hand Bellerose reserves the right to verify the authenticity of an item and may refuse to accept the Item even if it turns out that the Item is not counterfeit.
Members are reminded that it is forbidden to offer counterfeit items. Counterfeiting is an offense punishable by law and infringes on the intellectual property rights of brand owners. The Member shall communicate the original copy and/or a copy by electronic means of any element likely to justify the ownership of the Article, its origin, as well as its authenticity on simple request of the Website. The authenticity of the Item is an essential quality for Bellerose. In the event that Second-Hand Bellerose takes back an item which subsequently turns out not to have this quality, Bellerose and Second-Hand Bellerose will consider themselves the victim of an error on the substance within the meaning of article 1110 of the Civil Code.
The Member remains the only one responsible for the Trade-in of an Item whose circulation will be prohibited, which would contravene the regulations in force, the public order, and good morals.
If the Items comply with the Trade-in conditions, the Website will then take responsibility for promoting and selling the Accepted Items online on the Website.
Step 3: Credit and Voucher
The Member shall receive the amount of their Credit in the electronic wallet of their Member Account, accessible in the "Credits" section on the Website. This amount is credited only after the Articles have been validated by the salesperson.
Members may convert all or a part of their Credit into one or more "Voucher(s)". The Member may choose the amount he/she wishes to convert into each Voucher. This amount must be between €1 and €200, without exceeding the remaining amount of their Credit.
The promotional code of a voucher is valid immediately and for a period of one year following the day on which it was generated.
If the value of an order is greater than the amount of the Voucher, the Member must pay the difference using one of the other payment methods offered on the Site or in-store.
When generating a Voucher in the Credits-section, the Member must choose between either:
- A voucher to buy new items on the official Bellerose website (www.bellerose.com) or in one of the Bellerose shops in Belgium, France or the Netherlands.
- A voucher to buy second-hand items on the Bellerose Second-Hand website (second-hand.bellerose.com).
A voucher for bellerose.com is not valid on the second-hand.bellerose.com website. A voucher for second-hand.bellerose.com cannot be used on www.bellerose.com or in a Bellerose boutique.
Under no circumstances can a voucher be used on an order that has already been validated or on a purchase in a shop that has already been paid for.
All vouchers have an expiry date which is specified on the voucher itself.
Vouchers cannot be exchanged or refunded.
Voucher for Bellerose.com
A voucher for Bellerose.com is valid on all items available on the official Bellerose website (www.bellerose.com) and in Bellerose shops in Belgium, France and the Netherlands.
To pay for items sold by Bellerose with his/her Credit, a Member must first generate a Voucher for Bellerose.com.
On www.bellerose.com: The Member must enter the promotional code of his voucher in the "promotional code" section of the "Payment" page at the time of purchase. The discount will then be applied.
In-store: Members must provide the promotional code from the voucher to the sales manager at the checkout, before paying for their purchases.
A voucher can be used several times, on the Bellerose website and/or in-store, until the total amount has been spent.
A voucher for Bellerose.com can be combined with other vouchers and promotional offers.
Voucher for Second-Hand Bellerose
A voucher for Second-Hand Bellerose is valid on all items available on the Bellerose Second-Hand website (second-hand.bellerose.com), as well as the delivery costs associated with its online order.
To pay a Bellerose Second-Hand order with his Credit, a Member must first generate a voucher for Second-Hand Bellerose, by transferring the amount he wishes to deduct from his purchases.
The Member must enter the promotional code of his voucher in the "promotional code" section of the "Payment" page at the time of purchase. The discount will then be applied.
A voucher for Second-Hand Bellerose can only be used once, after which its promotional code will no longer be valid. The amount remaining on a voucher after validation of an order with that voucher, will be lost. This lost amount is in no way refundable to the Member. Nothing prevents a Member from generating a Voucher for Second-Hand Bellerose for the exact amount necessary for his/her order.
A voucher for Second-Hand Bellerose cannot be combined with other vouchers and/or promotional offers.
Buying
The Website sells second-hand Items, open to all registered Members in Belgium, the Netherlands, and France.
- Placing an order
The Member can add items offered for sale on the Website to their virtual basket. They can then access the summary of the virtual basket to confirm the Items they wish to order and make an "Order" by pressing the "Order" button. The Member will have to fill in an address, choose a delivery method, and select a valid payment method to finalize the Order and form the sales contract between them and Second-Hand Bellerose. The finalization of the Order implies acceptance of the prices of the items sold, as well as the terms and conditions and delivery times indicated on the Website. Once the Order is placed, the Member will receive a confirmation by email summarizing the Order and relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between Second-Hand Bellerose and the Member.
- Items and prices
The Items subject to the Terms of Use are those that appear on the Website and are sold by Bellerose. The Items are described on the corresponding page within the Website, mentioning all their essential characteristics. The sale is made within the limits of available stocks of Second-Hand Bellerose. The Website cannot be held responsible for stock shortages or the impossibility to sell an item that is not in stock. When a Member wishes to purchase an item sold by Bellerose through the Website, the price indicated on the page of the item is the price in euros, all taxes included (TTC), excluding shipping costs, and takes into account the applicable discounts in effect on the day of the Order. The price indicated does not include delivery charges, which shall be detailed, where applicable, in the summary before the Order is placed. Under no circumstances shall a Member be entitled to demand the application of discounts that are no longer in effect on the date of the Order.
- Terms of payment
Unless otherwise agreed, all sales are payable in full at the time of placing the Order. Payments can be made by:
- Credit card via a secure connection
- Bancontact
- PayPal
- Apple Pay
- Delivery of Order
The Order will be delivered to the address communicated by the Member during the ordering process and in accordance with the carrier's procedures. The delivery times indicated on the Website and included in the shipping information must be considered as a commitment of means and are not opposable to Bellerose. The Items ordered by the Member can only be delivered to addresses within the Designated Territory, including Belgium, France & the Netherlands. The risks of loss and/or damage become the responsibility of the Member as of the receipt of the Order at the delivery address communicated by the Member.
- Return
The Member has a period of 14 days following the receipt of the Items to return one or more Items purchased on Bellerose Second-Hand. The return costs are at the Member's charge. Shop returns are not accepted. To proceed with a return, the Member must log into their Member Account, access the order concerned in the "Orders" section, and select the Article(s) that should be returned, specifying the reason for the return. The Member must then download and print the returns slip and stick it on the parcel. The Member must pack the parcel to protect the integrity of the Items. The Member must drop off the parcel at the post office or at a parcel shop of the carrier, at the latest, within 14 days after receiving the Bellerose Second-Hand order. It is the Member's responsibility to keep the stamped proof of delivery as proof of shipment. The Member is responsible for returning unused Items, with their original labels, at their own expense. The Member shall be liable for any loss of value of the Items if such loss is due to improper use. Return costs shall be paid by the Member, who shall assume full responsibility for the Items, including all risks of loss or damage, until they are delivered to the warehouse based in Arnhem.
If the above conditions are met and Bellerose Second-Hand has received the Items, Bellerose Second-Hand will refund the sum of the purchase costs of the Items to the Member. If all the Items of the same order are returned, the refund will include the purchase price and the shipping costs (with the exception of any additional costs resulting from the choice of the Member to choose a different shipping method than the cheapest standard shipping offered by Bellerose Second-Hand). The final amount will be reimbursed within 14 calendar days following the reception of the Items by Bellerose Second-Hand on time, and as long as all the above-mentioned conditions have been strictly respected. In no case will the amount refunded exceed the amount actually paid by the Member. For the purposes of this refund, Bellerose Second-Hand will use the same means of payment that the Member used for the initial transaction, unless otherwise agreed. In no event will the Member be charged for this refund, which does not include any coupons or discounts received by the Member for this order. The Member will be reimbursed in accordance with the procedures agreed by the bank that issued their card. If a Member has used a Voucher for their Order, the Member's Account will be credited again. Returns are only accepted in accordance with the above-mentioned method. Under no circumstances are returns accepted in physical shops. It is not possible to exchange Items. If the Member wishes to receive another Item instead of the initial order, they may invoke the right of return as described above and then place a new order for the desired Item.
- Right of withdrawal
The Member has a period of 14 days following the receipt of the Items to exercise their right of revocation without justification. In which case, the Member shall inform Bellerose of their decision to revoke by sending a clear and explicit statement by email to the "Customer Service" at the email address shop@bellerose.com. The Member may, if they wish, use the standard withdrawal form. The Member shall return the Article immediately and, at the latest, within 14 days following the communication of their decision to revoke. The Member shall return all Items, unused, with their original labels, at their own expense. The Member shall be liable for any loss of value of the Items if such loss is due to improper use of the Items. The Member will pay for the return and will assume responsibility for the Items (including any risk of loss or damage) until they are delivered to the Arnhem based warehouse. If the above-mentioned conditions are met and Second-Hand Bellerose has received the Items, Second-Hand Bellerose will refund the full amount of the Order to the Member, including the purchase price and shipping costs (except for any additional costs resulting from the Member's choice of a delivery method other than the cheapest standard delivery offered by Second-Hand Bellerose). The total purchase price will be refunded within 14 calendar days after Second-Hand Bellerose has received the Items in a timely manner, and provided that all of the above-mentioned conditions have been strictly met. In no case shall the amount refunded exceed the amount actually paid by the Member. For the purpose of this refund, Second-Hand Bellerose will use the same payment method that the Member used for the original transaction, unless otherwise agreed. In no case will the Member be charged for this refund, which does not include any coupons or discounts that the Member received for this Order. The Member shall be refunded in accordance with the procedures agreed upon by the card issuing bank. If a Member, as a customer, has used a voucher for their Order, the Member's Account will be credited again. Returns will only be accepted by the above method, and returns to physical stores will not be accepted. It is not possible to exchange Items. If the Member desires another Item in place of the original Order, the Member may invoke the right of return as described above and then place a new order for the desired Item.
- Legal warranty
If the Article(s) ordered prove(s) to be defective or non-conforming, the Member may contact Customer Service via the contact form available under the "Contact" option or via the email address shop@bellerose.com. The Member is entitled to the one-year legal warranty on the conformity of the goods, as described below. From the moment Bellerose receives the defective Item, Second-Hand Bellerose will repair the defect or replace the Item with a conforming Item (also called additional performance), if the stock allows it. Prior to any other warranty claim, Bellerose shall have a reasonable opportunity and time to perform said repair. Second-Hand Bellerose may refuse the repair if it would result in disproportionate expense. If the repair fails, the Member may either obtain a price reduction in accordance with the statutory provisions or terminate the contract. The right of withdrawal shall not apply if the delivered items deviate only slightly from the agreed quality or if the contractual or standard use of the items is only slightly affected. Members must contact Customer Service if they wish to invoke this warranty immediately and inform Second-Hand Bellerose of the non-conformity found via Customer Service in writing and within two months of observing the defect. The warranty does not apply in any case to items that have been damaged intentionally or due to negligence on the part of the Member. The warranty does not apply if the damage is due to weather, transport conditions, or incorrect use. Members may contact Customer Service with any questions regarding the above.
- Intellectual property rights
"Intellectual Property Rights" for purposes of this provision refers to the "Second-Hand Bellerose" (aka "Bellerose Second-Hand") and "Bellerose" marks, and all rights, copyrights, trademarks, designs, know-how, and registered domain names, including but not limited to the domain name "bellerose" or "second hand bellerose" or any translations and/or representations thereof or any related words, as well as texts, databases containing the data published on the Websites, the display, presentation, and illustrations of the Websites, sales catalogs, photos, images, videos, and music displayed on the Websites and protected by copyright, database rights, trademarks, patents, and all other intellectual property rights. Any person using the services of the Website declares to be informed of the existence of these Intellectual Property Rights and undertakes to respect them at all times. Bellerose is and remains at all times the exclusive owner of these Intellectual Property Rights. The Intellectual Property Rights may not be reproduced, published, imitated, exploited, or used in any way or form without the prior written consent of Bellerose. Such consent must be in writing unless Bellerose has granted a right to share certain aspects of the Intellectual Property Rights via social networks. In that case, the grant of such rights is limited to the specific elements of the Intellectual Property Rights as determined by Bellerose, the use, and the social networks for which Bellerose has authorized the sharing, and in any event such grant of rights remains non-exclusive. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express permission of Bellerose will expose the offender to civil and criminal prosecution.
- Responsibility
Bellerose and Second-Hand Bellerose cannot be held responsible for the unavailability, whether temporary or permanent, of the Website. The Website may be interrupted at any time, even though Second-Hand Bellerose uses its best endeavors to ensure that the service is always available. In addition, Bellerose reserves the right to voluntarily make the Website unavailable to perform any update, improvement, or maintenance operation. As previously stated in the Terms & Conditions, Second-Hand Bellerose shall not be liable for any delays in delivery due to causes beyond its control, which are independent of its will, unforeseeable and irresistible, or for which it cannot be held responsible.
- Changes
Second-Hand Bellerose reserves the right to make changes to the Website, the Terms & Conditions of Use and sale, and any delivery procedures or other components of the services provided by Second-Hand Bellerose through this Website. When an Order is placed, the Member is subject to the provisions set forth in the Terms & Conditions in effect at the time the Order is placed.
- Governing Law and Jurisdiction
The law governing the Terms & Conditions of Use and Sale is Belgian law, subject to the mandatory rules of the consumer's country of residence. Any dispute that may arise during the execution of these Terms & Conditions of Use and Sale shall be subject to an attempt at an amicable resolution. Failing that, the court of Brussels, Belgium, shall have exclusive jurisdiction to hear the case.
- Acceptance of the Terms of Use
Any person using the services of the Website, as a Member or an online user, expressly accepts the Terms and Conditions of Use and Sale. You declare that you are aware of them and waive the right to invoke any other document, in particular your own general conditions of purchase. You acknowledge that you are aware of the following information and details:
- The essential characteristics of the Item(s);
- The price of the Item(s);
- The date or the deadline by which Bellerose undertakes to provide the Service;
- Information relating to the identity of Bellerose (postal, telephone, electronic);
- Information relating to the legal and contractual guarantees and their terms of implementation;
- The possibility of resorting to a conventional mediation in case of dispute;
- The information relating to the right of withdrawal (time limit, methods of exercise).