General conditions of sale

Article 1 – Applicable conditions of sale

These general conditions of sale are there to govern the contractual relationships between Oh Fil Deleau and the person signing the quotation, private individual or company (hereinafter referred to as the Customer) and accepting these general conditions of sale. The Customer must be at least 18 years old when signing the signature, if it is not the case, it must be performed by a legal representative.

These general conditions of sale specify in particular the conditions of order, payment and delivery of any product ordered by the Customer.

The Customer recognizes to have acquainted with these general conditions of sale and to accept them without restriction or reservation, and he commits himself from the validation of his order by Oh Fil Deleau. The signature of the Customer implies full and unconditional acceptance of these general conditions of sale which will only be applicable to the contract thus concluded.

Article 2 – The company: identification of the seller

The company Oh Fil Deleau is liable to pay the VAT.

The company offers designs for sales that are exclusively created by Ophélie Deleau. Each design is created according to the Customer’s choices.

 

Billing address:

Oh Fil Deleau

71, Avenue du Castel Bte 2

1200 Bruxelles

Company number : 0741830858

VAT : BE 0741830858

 

Contact person :

Ophélie Deleau

ophelie.deleau@ohfildeleau.be

0498/76.80.78

Article 3 : Request for quotation

Before placing an order, the Customer must consult Oh Fil Deleau, in order to obtain a quotation without obligation to buy. If the estimat exceeds 500 euros, a lump sum of 50 euros for the preparation of the estimate will be requested. The quotation will be sent by e-mail or delivered in person, accompanied by the general conditions of sale, and will remain valid for 20 days starting from the date of issue. After this period, the Customer will have to request a new quotation.

The quotation and the general conditions of sale annotated “Read and accepted”, dated and signed by the Customer will be returned to Oh Fil Deleau. It will be considered as an order form and implies total acceptance of the general conditions of sale.

Article 4 : Order confirmation and conclusion of a contrat

The descriptions of the products are given for information purpose. They may be subject to slight changes according to the materials chosen by the Customer, without incurring our liability or without challenging the uniformity of the sale.

The order becomes final upon receipt of the signed quotation, accompanied the deposit specified on the quotation.

Article 5 – Prices

Prices are quoted in euros and include VAT. They do not include the changes requested by the Customer during the work, which will be invoiced in addition.

Article 6 : Payment on account and payment terms

A first deposit of 30% of the total amount specified on the quotation issued by Oh Fil Deleau will be requested upon signature of the said quotation.

A second deposit of 30% of the total amount specified in the quotation issued by Oh Fil Deleau will be requested when purchasing the materials.

The balance of 40% of the total amount specified on the quotation issued by Oh Fil Deleau will be requested upon receipt of the finished product.

 

Payment of the balance must be received within 14 calendar days after the delivery. In case of delay of execution by a party longer than 14 days, 5% of the total amount specified on the quotation issued by Oh Fil Deleau may be requested by the injured party.

 

The payments are made on the account of Oh Fil Deleau BE18068936577665 with mention of the invoice number in communication.

 

It should be noted that the preparation of the order only starts upon receipt of the first payment.

Article 7 : Modification of the order, cancellation of the order, refund terms

The choice and purchase of a product or service are the sole responsibility of the Customer.

Any modification of the order will result in a new quotation.

The right of revocation does not apply to the supply of goods made to the consumer’s specifications or clearly personalised. Consequently, custom-made outfits are neither exchanged nor refunded.

 

In case of revocation by the Customer, the deposit will not be refunded. In addition to the deposit, we will charge between 20% and 70% of the amount of the cancelled order to compensate for the damage caused by the progress of the order (start of production, purchase of fabric and order management) and the costs incurred by the cancellation. Unless the cancellation occurs within 3 days after the receipt of the deposit, in which case only the deposit will be retained as the work will not have been started.

In case of cancellation by Oh Fil Deleau before the beginning of the making of the order, the paid deposit will be entirely refunded to the Customer.

Article 8: Order delivery

In the case of the production of a physical object, delivery will be made by Oh Fil Deleau on location
(within the territorial limits of Belgium) or by postal delivery at the expense of the Customer after
agreement with the latter.

In the case of the production of a physical object, delivery will be made by Oh Fil Deleau on location (within the territorial limits of Belgium) or by postal delivery at the expense of the Customer after agreement with the latter.

In the case of postal delivery, Bpost will take care of it. The rates are available at the following address: https://www.bpost.be/fr/

A delivery note must be signed by the Customer listing the items delivered and their quantity.

No dispute will be possible after this examination of the delivered product and the signature of the delivery note.

 

In the case of the production of digital patterns, the delivery will be made by e-mail or by WeTransfer without a delivery note. A confirmation of the receipt will then be requested. Once the final shipment has been made, 3 basic modifications will be accepted without impacting the price of the quotation. The term « basic modification » means moving elements, changing the length or adding name boxes. It does not include the removal or addition of whole pieces or changes in size. These require the production of a new quotation and associated invoice.

Article 9– Obligation of the parties, the consumer guarantee

In case of acceptance of an order and after payment, Oh Fil Deleau is obliged to deliver the ordered products to its Customer.

 

The Customer commits to pay the price stipulated for the service of Oh Fil Deleau.

The Customer accepts that, any modification to a model during the fitting, will obviously lead to a new additional invoice outside the framework of the quotation and the sales contract signed by the Customer.

 

By signing the quotation and these conditions, the 2 parties undertake to work together respectfully for both the Customer and the craftsman.

 

Product warranty:

In accordance with the Belgian Civil Code, the Customer benefits from the legal guarantee against hidden defects, non-conformity and defectiveness. This guarantee does not apply to deterioration caused by normal wear and tear, nor to deterioration linked to non-conforming use of the articles. In the event of a hidden defect, you have the choice between cancelling the order or keeping the product in exchange for a price reduction.

Article 10- Complaints

If a model ordered is in conformity at the time of the delivery, it is obviously not up to the company Oh Fil Deleau to make free adjustments, if thereafter the Customer changes size. On the other hand, the Customer can return the model to us after agreement of Oh Fil Deleau so that it sees if adjustments are possible or not, and if it is feasible, they will be invoiced. Any model delivered and worn will not be in any case, neither taken back, nor exchanged, nor refunded and cannot be the object of any credit or recourse because the models are unique and realized on demand, in a craft way. The company Oh Fil Deleau does not endorse any responsibility in case of bad handling or uses of its models or creations. A model being a textile article, however high the care taken in its manufacture, it is not wear-free. That wear (sweat, abrasion of textiles, embroidery, fabric, stretcher, laces…etc…) even in « normal » wearing conditions, cannot constitute in any case the object of free adjustments, refund or replacement of the garment.

A variation of the measurements taken at the time of the order of more than 4 cm will imply, if it is possible to make adjustments, an additional cost at the expense of the Customer.

The company Oh Fil Deleau is not responsible if the Customer is not satisfied with the final result obtained on the basis of and in full compliance with the quotation provided.

 

For any complaint, please send an email to: ophelie.deleau@ohfildeleau.be

Article 11- Reservation of ownership

In accordance with the law, Oh Fil Deleau reserves the property of the goods until the full payment of their price.

 

Ownership of prepared documents and use of photographs: in accordance with the laws governing the ownership of literary and artistic rights or other similar rights, Oh Fil Deleau retains the right to the sketches or designs prepared for any order. The photographs of the model presented on a mannequin may be used for the purpose of promoting the company.

The user who has a personal Internet site and who wishes to publish, for personal use, on his site, a simple link referring directly to the home page of the site https://ohfildeleau.be has the right to do so without prior authorisation.

 

Oh Fil Deleau reserves the right to refuse to carry out a delivery or to honour an order emanating from a Customer who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in the course of administration.

Article 12 – Personnal data protection

The collection of your individual-related data is necessary for the proper processing of your order. You have the right to access, modify, rectify and delete your personal data. If you wish to exercise this right, simply write to us, indicating your name, first name and address, or send us a request via the email address ophelie.deleau@ohfildeleau.be

Article 13 – Force majeure

Neither party shall have failed to fulfil its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure shall be deemed to be any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them. The two parties will then, within one month, unless the force majeure event makes it impossible, meet to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; stop of telecommunication networks or difficulties specific to telecommunication networks external to the clients.

Article 14 – Applicable law and competence

These General Conditions are governed and interpreted in accordance with the Belgian law. In the event of a dispute or claim, an amicable solution shall be sought before any legal action is taken. In the absence of an amicable agreement, only the French-speaking courts of Brussels shall have jurisdiction to rule on all disputes that may arise between the parties relating to the execution of the contract.

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