TERMS

Here below are ASPASIA'S GENERAL TERMS AND CONDITIONS with respect to ONLINE SALES and with respect to the USE of the www.aspasia.be website: www.aspasia.be

1. DEFINITIONS 

Consumer: any natural person who acquires or utilises products introduced onto the market solely for non-professional purposes.

Buyer: consumers and customers other than consumers who have placed an order on the website.

Website: www.aspasia.be

User or guest: natural or legal person who visits the website.

Aspasia: the seller and proprietor of the website, ALTO NV, with registered office at Assesteenweg 96, 1740 TERNAT, BELGIUM and with KBO [business registration office] number 456.851.192.

Day: calendar day.

Distance contract: any agreement that is entered into in the framework of a company organised system between the company and a consumer concerning goods or services for the sale of goods or services at a distance and that makes use exclusively of one or more means of distance communication up to and including the conclusion of said agreement.

Means of distance communication: any instrument that allows for the establishment of an agreement between company and consumer without the simultaneous physical presence of these parties.

Durable medium: any instrument which enables the consumer to store information addressed personally to him which is easily accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.

2. IDENTITY SELLER AND PROPRIETOR OF THE WEBSITE

ALTO NV

  • Acting under the name “ASPASIA
  • with registered office at Assesteenweg 96, 1740 TERNAT, BELGIUM
  • with KBO number 456.851.192
  • with VAT number BE 0456.851.192
  • Tel: +32 78 150 500
  • Availability: workdays from 0900 h - 1730 h
  • Email address: webshop@aspasia.be

3. APPLICABILITY

3.1. These general terms and conditions apply to:

  • Every order executed by the buyer as well as every distance contract between ASPASIA and the buyer.
  • Every use of the website.

3.2. The general terms and conditions are made available to the buyer and the guest on the website. The buyer and the guest may save the text of the general terms and conditions on a durable medium in a simple manner.
A copy of the general terms and conditions will furthermore be sent to the buyer together with the order confirmation.

3.3. Before placing an online order or before any further use of the website ASPASIA, the buyer and the visitor of the website are expected to have read, understood and accepted these general terms and conditions in a language that is understandable to him/her available on the website of ASPASIA.

3.4. ASPASIA is entitled to change its terms and conditions at any time. The general terms and conditions available on the website of ASPASIA at the time of the visit to the website or the placement of an online order by the buyer apply to the use of the website or the purchase agreement subsequently established with the buyer.

4. ONLINE INFORMATION ON THE ASPASIA WEBSITE

4.1. The prices and stocks mentioned on the www.aspasia.be website are for indication only and thus do not constitute a binding offer in any way by ASPASIA, which may change these prices and stocks at any time and without prior notice but only if done so before the buyer places an order online.

4.2. The conditions and terms of sale of the online sales may deviate from the sales through the retail shops of companies associated to GAB through which the brands Pepe Jeans, Tommy Hilfiger, Hackett of London, Arrow, Strellson, Windsor and Scotch & Soda are distributed. The online sales are to be considered independent of the sales through the retail shops.

4.3. The buyer accepts that the online information on the website of ASPASIA is sufficiently detailed to enable an adequate assessment of the goods and services.

  • The images used by ASPASIA are a truthful representation of the products and/or services of ASPASIA.
  • Apparent mistakes or errors in the online information do not bind ASPASIA.

5. PLACING AN ORDER 

5.1. Upon placing an order online, the buyer provides his name, address and payment information. The buyer warrants that the data provided is truthful. The buyer carries out the payment according to the process and using the means of payment offered on the ASPASIA website.

5.2. After placing the order online, the buyer will receive an email notification from ASPASIA that informs him/her whether his/her order was accepted.

If the order is refused, ASPASIA will provide the reason of refusal (reasons include, but are not limited to, non-payment, minority, residence outside the EU, etc.).

6. THE PURCHASE AGREEMENT

6.1. If the customer's order is accepted, the purchase agreement is established from the moment ASPASIA sends the order confirmation notification email to the buyer.

6.2. ASPASIA's order confirmation referred to under 6.1. contains at least the following data: the identity of the seller and its geographic address; the identification and the most important characteristics of the good and/or service; the price of the good and/or service; the shipping costs where applicable, the method of payment, delivery or execution of the agreement, the existence and the method of execution of a right of withdrawal, the method of recovery and removal of the good, including any cost associated therewith, the costs for the use of the means for distance communication, the period of validity of the offer or the price as well as the address to which the buyer can go with complaints or queries regarding after-sales services and commercial warranties.

Furthermore, ASPASIA's order confirmation explicitly mentions the following clause:

The consumer is entitled to inform the company that he/she cancels the purchase, without payment of a penalty and without having to provide any cause, within fourteen calendar days from the day that follows the day of delivery of the good or of entering into the service agreement.

The right of withdrawal expires for the following returns which are not accepted by ASPASIA:

  • Underwear and swimwear from which the hygiene sticker has been removed;
  • Goods the condition of which does not correspond with that which is considered acceptable for normal use in examining goods – as is customary for fitting in conventional shops; the consumer is liable for damages due to any use that is more elaborate than fitting or examining the goods;
  • Goods from which the original tags and labels have been removed;
  • Goods that were damaged by the consumer; the consumer is liable for any damages he/she caused to the good.

7. PAYMENT

7.1. The payment is carried out at the latest at the moment of delivery by means of electronic bank transfer, credit card or any other means of payment offered on ASPASIA website.

7.2. ASPASIA shall in no way be held liable for any damages whatsoever resulting from fraud or any other unlawful act by third parties by means of a bank card or credit card or any related data of the buyer, without prejudice to the buyer's right to recover damages from the third party.

8. DELIVERY 

8.1. Delivery is carried out at the address indicated by the buyer.

8.2. ASPASIA assumes an order delivery time of 5 workdays as from the time of the order. This delivery period provided is for information only and therefore in no way binds ASPASIA.

8.3. The shipping is either free of charge or at the cost indicated on the online order form.

8.4. As long as the buyer has not paid the selling price and any possible delivery costs in full, ASPASIA is entitled to suspend its obligation of delivery.

8.5. The buyer can follow the status of his/her order online via a tracking number that is communicated to him/her in the order confirmation.

9. RESERVATION OF TITLE AND RISK

9.1. Title is transferred at the moment of delivery of the good by ASPASIA to buyer.

9.2. Exclusively as regards consumers, the risk is transferred at the moment the goods are delivered.

As regards any other buyers (not consumers), the risk is transferred at the moment the order confirmation is sent to buyer by ASPASIA and therefore the delivery of the good (including shipping) is carried out at the risk of the buyer.

10. RETURNED GOODS

10.1. The buyer is entitled to return delivered goods, without payment of a penalty and without providing cause, within fourteen calendar days of the day that follows the delivery of the good. During this time, the buyer will handle the product and the packaging with care.

10.2. The good must be returned by the buyer whole, intact and unused, as well as with the original tags and labels, to ASPASIA's address: ALTO NV, Assesteenweg 96, 1740 TERNAT (note: goods cannot be returned to the retail shops).

10.3. ASPASIA is responsible for payment of any direct costs for returning the delivered goods.

10.4. In the event of a valid return shipment, the amounts paid to ASPASIA shall be, after return of the delivered goods by the buyer, reimbursed to the buyer at the latest within thirty days after the return shipment and without costs.

10.5. The following returned goods are not valid and shall not be accepted by ASPASIA:

  • Underwear and swimwear from which the hygiene sticker has been removed;
  • Goods the condition of which does not correspond with that which is considered acceptable for normal use in examining goods – as is customary for fitting in conventional shops; the buyer is liable for damages due to any use that is more elaborate than fitting or examining the goods;
  • Goods from which the original tags and labels have been removed;
  • Goods that were damaged by the buyer; the buyer is liable for any damages he/she caused to the good.

11. LEGAL RIGHT OF WITHDRAWAL FOR CONSUMERS

11.1. The consumer is entitled to annul the sale, without payment of penalty and without providing cause, within fourteen calendar days of the day that follows the delivery of the good. During this time, the consumer will handle the product and the packaging with care.

11.2. The goods must be returned by the consumer whole, intact and unused, as well as with the original tags and labels, to ASPASIA's address: ALTO NV, Assesteenweg 96, 1740 TERNAT (note: goods cannot be returned to the retail shops).

11.3. The consumer is responsible for any direct costs for returning the delivered goods, unless the delivered good does not correspond to the description of the offer.

11.4. In the event the right of withdrawal is exercised in conformity with the stipulations of the previous clauses, the amounts paid to ASPASIA shall be, after return of the delivered goods, reimbursed to the consumer at the latest within thirty days after the withdrawal, without costs.

11.5. The following returned goods are not valid and are not accepted by ASPASIA:

  • Underwear and swimwear from which the hygiene sticker has been removed;
  • Goods the condition of which does not correspond with that which is considered acceptable as normal use when examining goods – as is customary for fitting in conventional shops;
  • The consumer is liable for damages due to any use that is more elaborate than fitting or examining the goods;
  • Goods from which the original tags and labels have been removed;
  • Goods that were damaged by the consumer; the consumer is liable for any damages he/she has caused to the good.

11.6. The article in question is reserved for consumers.

12. WARRANTY PROVISIONS

12.1. As regards consumers, the legal warranty period under Belgian law applies.

12.2. The following shall not benefit from any warranty on the part of ASPASIA:

  • Defects that were not present at the time of delivery;
  • Defects the buyer was aware of or could reasonably be expected to be aware of;
  • Wear and tear of the goods;
  • Abnormal requirements for the quality, the performance and the use of the good, taking into account the nature of similar goods;
  • Any form of abuse in the exercise or any improper exercise of the legal warranty by the consumer.

13. COMPLAINTS PROCEDURE

13.1. If the buyer has one or more complaints relating to the delivered good itself, he/she must return the good within the term and according to the conditions indicated above relating to returned goods.

13.2. Any other complaint (other than relating to the good itself or one that arose after expiration of the return period) shall be communicated, in writing and within eight days of the fact that incited the complaint, to ASPASIA to the attention of ALTO NV, Assesteenweg 96, 1740 TERNAT, and this under penalty of forfeiture. The buyer shall bear the burden of proof for sending this notice.

The complaint shall be described by the buyer fully and clearly.

13.3. ASPASIA undertakes to answer a complaint about a product or service within a time period of fourteen days from the date of reception. If it is foreseeable that a complaint will require a longer processing time, ASPASIA will answer within the time period of fourteen days with an acknowledgement of receipt and an indication of when the buyer may expect a more elaborate answer.

14. EXPRESS REPUDIATION CLAUSE

The sales agreement will be legally repudiated at the expense of the buyer without any proof of default when the delivery of the good to the address as provided by the buyer cannot take place for reasons attributable to the buyer or if the data communicated by the buyer during the online order prove incorrect.

The buyer shall be liable to ASPASIA for damages set at 20% of the invoice amount with a minimum of 75 EUR, without prejudice to the right of ASPASIA to claim further damages from the buyer if these are established.

In case of repudiation, the buyer shall be reimbursed immediately by ASPASIA for the amounts paid, as the case may be, after the return of the delivered goods and after setting off against the above-mentioned conventional damages on condition that the buyer provided the required information to make this reimbursement possible.

15. NULLITY

15.1. The possible nullity of a part these general terms and conditions in no way implies the nullity of the whole of these general terms and conditions.

15.2. If necessary, the parties undertake to replace a clause that has become null and void with a valid clause that fits closest with the intention of the parties.

16. APPLICABLE LAW AND COMPETENT COURTS

Disputes concerning the conclusion, the interpretation or the execution of the sale or the use of the website are subject to Belgian law exclusively. The Belgian Cantonal Court in the district of Halle and the Belgian Courts of law in Brussels have exclusive competence over any disputes between the parties. The provisions of the Vienna Sales Convention do not apply.

17. PRIVACY OF THE BUYER

17.1. ASPASIA undertakes to observe the legal provisions concerning privacy (in accordance with the law of 8 December 1992 on the protection of personal privacy in relation to handling personal data).

17.2. If the buyer places an order, the communication of his/her name, email address, shipping address, age and payment details is required to carry out the order and to keep the buyer informed of its progress. This data is stored in the buyer's account so that the buyer does not have to re-enter his/her personal data with every new order.

The data provided by the buyer are used exclusively for purposes relating to the conclusion and the execution of the sales agreement, unless the buyer gives explicit permission (explicitly indicated by ticking a box on the online order form) for other purposes (for instance a mailing list concerning new collections).

At any moment, the buyer may require that his/her personal data no longer be used for these other purposes by sending ASPASIA an email notification.

ASPASIA undertakes not to sell the buyer's personal data to third parties under any circumstances and will only provide this data to third parties directly involved in the execution of the buyer's order. Furthermore, the employees and the authorised agents of ASPASIA are bound by the duty of confidentiality of personal data.

17.3. In case of queries concerning the Privacy Policy of ASPASIA, the buyer may contact ASPASIA at the registered office of ALTO NV or via the email address provided on the website. ASPASIA's customer service will assist the buyer when he/she requires information about his/her personal data or if the buyer wants to change his/her personal data. The buyer is entitled to the correction of his/her personal data.

17.4. A cookie is a packet of data sent by a server to a browser with the intention of storing it and to be resent to the server on a following visit. This way, the server is able to recognise the browser again and keep track of what the user, the web browser or the buyer has done in the past. Cookies enable ASPASIA to collect information on the use of its services and to improve and adapt these to the desires of its visitors. The user and buyer can set up their browser such that they will no longer receive cookies while visiting and/or shopping on the website.

18. INTELLECTUAL PROPERTY

18.1. ©2015, ALTO NV, Aspasia. All rights reserved. The www.aspasia.be site and its contents are the sole and exclusive property of ALTO NV, with registered office at Assesteenweg 96, 1740 TERNAT, Belgium. This site and its content are protected by intellectual property rights. Any reproduction, distribution, alteration or information to the public of elements (texts, images, layout, logos, software, etc.) of this site or its content, in part or in full is not permitted. Any reproduction, distribution, alteration or communication to the public of one or more elements of this site is subject to ASPASIA for its express, written permission, unless otherwise legally provided.

18.2. ®2015, ALTO NV, Aspasia. All rights reserved. The ASPASIA trademark is the full and exclusive property of ALTO NV, with registered office at Assesteenweg 96, 1740 TERNAT, Belgium. Use of this trade mark in violation of ALTO NV's trademark right is strictly prohibited.