LEGAL STATEMENTS

The present document:
A. lays down the terms of use of the website www.sarahdesainthubert.be (the ‘Website’),

B. lays down the terms and conditions for the purchase of products via the Website,

C. informs you on the processing of your personal data when using the Website and purchasing products,
together hereinafter referred to as the ‘General Conditions’.

The miscellaneous provisions apply to all of the above.

By accessing or using the Website, you acknowledge having read and understood and agree to be bound by these General Conditions, without limitations or reservations.

 

1. Legal information

The Website is published by SDSH SPRL a limited liability company incorporated under Belgian law with the registered office at 1150 Brussels, Rue Kelle 150, Belgium, and registered with the Crossroads Bank of Enterprises (‘CBE’) under BE0695560274.

The publishing manager is Sarah de Saint Hubert, Managing Director of SDSH SPRL.

 

TERMS OF USE OF THE WEBSITE

SDSH SPRL (‘SDSH’, ‘we’ or ‘our’) agrees to provide you (‘you’ or ‘the User’) with the services that are available on the Website, subject to your compliance with these terms and conditions of access and use (‘Terms of Use’).

By accessing or using the website www.sarahdesainthubert.be, you acknowledge having read and understood and agree to be bound by these Terms of Use, without limitations or reservations.

In the event that the User does not wish to accept all or part of these General Conditions, he or she renounces any use of the Website.

1.1. Definitions

User: The User is any person who uses the Website or any of the services offered by the Website.

User Content: The term ‘User Content’ means the data transmitted by the User in the different sections of the Website.

1.2. Description of the Services

The Website is available in English, French & Dutch.

SDSH provides via this Website the following facilities to the Users, enabling them primarily:
- to purchase SDSH products;
- to subscribe to the SDSH newsletter; and
- to access SDSH content.

The Users may access the above services as follows:

- to subscribe to the newsletter, you should take the following steps:
i. Fill in your e-mail address at the bottom of the page;
ii. Check that the data you have provided is correct and rectify any errors before finally confirming your subscription by clicking on “SUBSCRIBE;
iii. By clicking on "SUBSCRIBE" you confirm having read and accepted the Privacy Policy

- to create an account and become a Member, you should take the following steps:
i. Go to "ACCOUNT" and then "CREATE ONE";
ii. Fill in an electronic registration form;
iii. Check the data you have provided is correct and rectify any errors before finally confirming your registration by clicking on "
iv. By clicking on “CREATE MY ACCOUNT” you confirm having read and accepted the Terms of Use and the Privacy Policy;
v. An e-mail shall be sent to you asking you to activate your account.

- to place orders for products, you must comply with the terms of the Conditions of Sale set out hereunder and must have expressly accepted these Terms of Use.

1.3. Terms of access to the Website

The Website is accessible free of charge to any User who has access to the internet.

Any costs relating to access the Website, whether charges for equipment, software or internet access, are at the User’s expense.

SDSH reserves the right to unilaterally deny access to the Website and the services it provides without prior notification to any User who does not comply with any provision of the General Conditions.

The User is solely responsible for the proper functioning of his or her IT equipment and entirely for his or her internet access.

SDSH will do everything reasonably possible to ensure good access to the Website and the services it provides but is under no obligation whatsoever to achieve this.

SDSH cannot be held liable for any malfunction of the network or servers or any other event beyond its reasonable control that would hinder or impact access to the Website and the services it provides.

SDSH reserves the right to interrupt, temporarily suspend or modify without warning all or part of the Website and services it provides for maintenance purposes or for any other reason, without such interruption giving rise to entitlement to any obligation or compensation.

1.4. Account

Certain sections of the Website are for Users having created an account only and require the identification of the User by using his or her User ID and password.

The User is responsible for the creation, the storage and the use of his or her identifier, verification e-mail and password, which shall be strictly personal and therefore cannot be shared with third parties.

The User must preserve the confidentiality and secrecy of this data. Any use of the Website under a User’s identifier and password shall be deemed to have been made by the User him or herself.

If you suspect that your identifier and password are being misused by a third party, you must immediately notify this to SDSH by writing to the following address: hello@sarahdesainthubert.be.

SDSH may terminate the account of a User on the Website at any point in time and without notice or any prior summons in the event of a violation of these Terms of Use. The User in question shall be informed about this by e-mail.

Each User may terminate their registration on the Website at any point in time, without notice, by writing to hello@sarahdesainthubert.be and requesting that their account be deleted.

1.5. Content featuring on the Website

The content featuring on the Website and provided by SDSH, including any artwork, graphical representations, photographs, images, screen dumps, texts, music, video clips, trademarks, logos, product names and names of personalities, slogans and any combination of these elements (‘SDSH Content’) belongs to SDSH (or to third parties having granted a license to SDSH) and is protected by trademark and copyright law and other intellectual property laws.

You are therefore unauthorised to copy, reproduce, show or sell all or part of the Website or the SDSH Content in any way whatsoever, nor to create works derived wholly or partially from the Website or the SDSH Content without the prior consent of SDSH.

Any unauthorised use of the SDSH Content shall constitute an infringement of intellectual property rights and might give rise to civil action or criminal prosecution.

1.6. Third party web sites

The Website may contain links to third party web sites that are not operated by SDSH nor linked to SDSH.

These hypertext links are provided for your information and convenience and are not sponsored by SDSH or affiliated with the Website or with SDSH.

SDSH hereby disclaims liability concerning Users’ experience while using third party web sites that they accessed to via the Website. Once Users are re-routed to a third party web site, these Terms of Use shall no longer apply.

2. CONDITIONS OF SALE

These terms and conditions of sale (hereinafter referred to as the ‘Conditions of Sale’) lay down:
- the terms and conditions governing the online sale and the delivery of the products by SDSH, and
- the rights and obligations of the parties in the context of the sale of products via the Website.

The Conditions of Sale constitute a contract between SDSH (the ‘Seller’) and any person wishing to consult the Website and make a purchase for non-commercial purposes (the ‘Buyer’) (the Buyer and the Seller are jointly referred to below as the ‘Parties’).

The Parties agree that their relations will be exclusively governed by the General Conditions, and in particular the Conditions of Sale, to the exclusion of any conditions previously available on the Website and to the exclusion of any general conditions of the Buyer.

By placing an order for a product offered on the Website (‘Order’), the Buyer:
- acknowledges to having read and understood and unconditionally agrees to be bound by these Conditions of Sale without limitations or reservations. No signature on the part of the Buyer shall be required for this agreement to be valid and binding on both parties, and

- declares that he or she has full legal capacity to enter into an order.

The confirmation of the purchase order constitutes proof of the entire order and of the amounts due for the implementation of the said order. The Buyer is advised to print out and keep his or her Order Confirmation in order to retain a trace of their order.

2.1. Availability and description of the products

The Seller will use all reasonable means to announce the availability of products in real time on the site but cannot be held responsible if a product is no longer available.

Should one of the ordered products be unavailable, the Buyer will be informed and will have the possibility either to amend the order or to cancel it, in which case the amount of his or her order will be refunded if he or she has already made the payment.

The products available to purchase on the Website and their detailed description are shown on the Website only to enable the Buyer to obtain information about the key characteristics of the products that they wish to buy before placing an order. Any photographs, texts and other descriptive elements illustrating products are not covered by the contractual scope. The Seller rejects any liability for erroneous photos or texts.

2.2. Purchase price and shipping costs

The price of each product appears on the site in Euros, including all taxes, with the exception of the shipping costs and any customs duty and other taxes and levies linked to the shipping, all of which shall be invoiced separately and shall be mentioned specifically on the order summary prior to final approval by the Buyer, as well as in the Order Confirmation e-mail sent subsequently to the Buyer.

The shipping costs include packaging, insurance, handling and shipping costs. We advise you to group your items into a single order. We cannot group two separate orders together, shipping costs shall be paid seperately for each order.

Should the Buyer use a bank card tied to an account denominated in a currency other than the Euro, the Buyer’s bank may charge currency conversion costs and bank costs, which must be borne by the Buyer in full. Should the Client decide to return the products, these costs shall not be refunded.

2.3. Orders

When placing an Order, the Buyer will be guided by a series of straight-forward instructions featuring on the Website.

The Seller cannot be held liable for the consequences of communicating erroneous information provided by the Buyer when placing his order.

By clicking on the ‘BUY’ button, the Buyer definitively confirms his order and undertakes to pay the total amount due in full.

The Seller will confirm each order by sending an e-mail to the Buyer within 48 hours of the order being placed, to the address stated by the Buyer.

The Seller will only deliver the goods after receipt of full payment, if necessary after verification by the issuing bank or financial institution.

2.4. Payment methods

Payment must be made on the Website immediately at the time of placing the order, in Euros and by means of Visa or Mastercard credit cards or by conventional European methods (Bancontact, ING, Belfius, KBC, CBC, Carte Bleue etc.) via the secure system Stripe (www.stripe.com) and Paypal (www.paypal.com).

The Buyer will choose one of the suggested payment methods and will follow the instructions appearing on the Website when confirming the Order.

You hereby warrant to the Seller that you hold all the requisite authorisations to use your chosen method of payment at the time of the approval of your order.

The Seller shall have the right to cancel an order which has not been paid in full and the Buyer shall be informed of this by e-mail.

2.5. Retention of title clause & transfer of risks

The ordered products remain the property of the Seller up to the time the purchase price and all related costs, including the delivery costs, have been paid in full.
Risk passes to the Buyer at the time that the ordered products are made available to the carrier.

Proof that the products have been made available to the carrier can be provided by all legal means and in particular by the carrier’s tracking system if he offers such a service.

The Buyer must sign the delivery receipt.

2.6. Delivery

2.6.1. Delivery terms

The products ordered may be delivered worldwide and will be delivered via DPD.

The Buyer must state the precise delivery address (house, place of work or other).

The carrier will go to that address on working days and:
- hand over the parcel(s) to the Buyer if the latter is present,
- if the Buyer is absent the carrier will leave an advice note in the letterbox (DPD). It is then up to the Buyer to contact the carrier and agree to organise a new delivery date. If he or she fails to do so within 15 calendar days from the time the advice note was left, or if the Buyer is absent when the second delivery attempt is made, the Order will be automatically returned to the Seller.

In accordance with the provisions of Article VI.43 § 1° of the Belgian Code of Economic Law, the Order shall be delivered within thirty (30) days following the day after that on which the Buyer placed their order, subject to full payment of the price.

Should the Order not have been delivered upon expiry of this timescale, the Buyer shall have the right to cancel his or her Order. The monies paid by the Buyer shall then be refunded.

2.6.2. Late delivery

The Buyer must inform the Seller about any delay in the delivery of his or her Orders as soon as possible by sending an e-mail to hello@sarahdesainthubert.be in order to enable the Seller to take the requisite steps with the postal or courier services involved.

Should the Seller fail to deliver the products within a reasonable period following the Buyer’s email and at the latest thirty (30) days after the Order, the Buyer may cancel his or her Order by sending an e-mail to hello@sarahdesainthubert.be.

Once a Client has exercised their cancellation rights, the Seller shall refund the price of the order to the bank card which was used to place the order, as soon as possible and in any event within fourteen (14) days following receipt of the Buyer’s request for cancellation.

2.6.3. Receipt of the products

Each delivery shall be deemed to have been performed once the Buyer or a third party designated by the Buyer has taken physical possession of the product(s), with signature of the delivery note.

It is the Buyer’s responsibility to check that the products that are delivered comply with the order and are in good condition when they are received.

In case of damaged or missing items, the Buyer must:
- immediately express their concerns (both quantitative and qualitative) fully and accurately to the carrier, on the carrier’s form, and
- notify to the Seller by sending an e-mail to hello@sarahdesainthubert.be without undue delay, and in any event within two (2) business days.

Any claim raised in a way that does not comply with the above, shall be rejected.

2.7. Right of withdrawal & return arrangements

2.7.1. Right of withdrawal

In accordance with the provisions of Article VI.47 of the Belgian Code of Economic Law, the Buyer has a period of fourteen (14) working days as of the date of receiving the products during which he or she may withdraw from the contract and return any product(s) ordered, without penalty and without stating reasons. The only cost that will be charged are the direct costs of returning the goods.

The time limit for withdrawing from the contract is deemed to be observed if the notification, provided it has been sent in writing or by using durable means available to the recipient to whom he has access, is sent before expiry of a time limit of 14 days.

In case of failure to comply with this time limit, you will lose the right of withdrawal and cannot under any circumstances demand reimbursement of your purchase.

The Buyer will not be allowed to practice his retraction right if the product delivered has obviously been used or has been damaged.

2.7.2. Return arrangements

To exercise your withdrawal right please notify us of your decision of this present contract with a declaration stripped of any ambiguity. To do so please use the return form, to be found inside your package. This return form must include your order number in order to track your return package. The item must be returned in its original condition and with its original label to the following address:
Avenue Lavoisier, 2
1300 Wavre
Belgium

accompanied by the original sales invoice and return sheet, otherwise goods will not be taken back or exchanged.

You can also return the goods to our office. In such a case, please contact us at : hello@sarahdesainthubert.be.

If the Buyer uses his right of withdrawal in accordance with the arrangements provided for the previous paragraphs, SDSH will reimburse the purchase price at the latest within fourteen (14) business days commencing from receipt of the returned parcel and on the same card used for payment.

We do not reimburse the shipping costs, which are the customer's responsability.
The exchange on our website is not permitted. Nonetheless, it is possible to arrange a visit to our showroom in order to change the item chosen.

2.8. Statutory warranties

The product(s) you receive is/are covered by the statutory warranties and Article 1648 et seq. of the Belgian Civil Code remain fully applicable.

Notwithstanding the above, you will not be able to claim a warranty:

- for normal wear and tear of the product(s) concerned,
- if the product(s) concerned has/have been modified or repaired,
- if the original invoice for the product(s) concerned cannot be produced, has been modified or made illegible,
- if the product(s) concerned has/have been used improperly or abnormally, or
- if you caused the damage to the product(s) concerned intentionally or negligently.

2.9. Seller’s liabilities

The obligations of the Seller under this contract are best-efforts obligations. This applies with respect to all aspects of the contract.

Regardless of the cause of the damage incurred by the Buyer and assuming that the Seller is liable, the overall liability of the Seller resulting from or in connection with one product is limited to the price paid for that product.

The Seller shall under no circumstances be held liable for any problems whatsoever linked to the website host or website provider and any problems generally relating to the Internet.

3. PRIVACY POLICY

SDSH gathers certain type of information about Users and Buyers and acts as data controller in relation to the personal data processed in accordance with this policy. You will find our contact details under section 7 of these General Conditions.

You will find hereunder the information that SDSH collects, how that information is collected and used and what are your rights are in relation thereto.

3.1. Information collected

3.1.1. Information provided by you

The personal data processed is information voluntarily provided by you to SDSH SPRL when using the Website, registering online or updating your account, logging-in, placing and order, returning products, opting-in to receive our newsletter, entering a competition, promotion or survey, or contacting us to report a problem.

The information collected and used by SDSH includes:

- your name,
- your invoicing and delivery address(es), e-mail address, phone number or any other contact details you provide to SDSH, and
- your bank details.

3.1.2. Cookies

Our Website uses cookies or similar technology to collect information about your access to the Website. You can find all the information in relation thereto in our Cookie Policy.

3.2. Processing of the information

SDSH uses the information it collects about you only to the extent necessary for us to perform your contract or for the purposes of our legitimate interests, and in particular for the following purposes:

- the performance and enforcement of the purchase and sale contract for the products you have purchased,
- dealing with your requests,
- if you are a customer or if you have given your consent in relation thereto, providing you with information on the products offered on the Website and on our activities.

When SDSH informs you about its products and activities, this can be done by communicating through emails or newsletters. This may include making suggestions and recommendations about products that may interest you, and will be subject to your stated preferences where relevant. In that situation, the processing of your data is based on your consent which you can withdraw at any time (see the section below Your Rights on how to withdraw your consent).

SDSH also maintains a record of your purchases made on the Website and combine this with information you have provided by e-mail or over the phone in order to serve you better. We may also use information about your product preferences and interests in order to improve our Website design and enhance your shopping experience.

SDSH does not use any automated decision-making, including profiling.

Such personal data will be:

- kept in a computer file,
- be accessed only if it is necessary for the purposes outlined above, and
- retained no longer than necessary for the purposes outlined above.

3.3. Disclosure to third parties

To fulfil the purposes above, SDSH may disclose the information that you have provided to:

- logistics providers and insurances companies to ensure the delivery and insurance of shipments or goods;
- third party processors, financial institutions or other third party service providers who help with our business operations or as necessary to process your purchases.

Whenever your personal data are disclosed to third parties it will only be to the extent necessary to perform your contract or the purpose of our legitimate interests, and we will ensure that those third parties will process your personal data with the same level of privacy protection as that of which we provide.

SDSH may also disclose:

- in special cases where there is a reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating these General Conditions or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities,

- specific information about you if required to do so by law, governmental request, process or court order or if we belief in good faith that it is necessary to conform or comply with such law, request or court order or to protect the users of our websites or the public.

We may permit certain trusted third parties to track usage, analyse data such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring website (if any) and other parameters in the URL. This is collected in order to better understand Website usage, and enhance the performance of services to maintain and operate the Website and certain of its features. We may use third parties to host the Website, operate various features available on the Website, send e-mails, analyse data, and provide search results and links.

We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganisation, stock sale or other change in control.

By providing information in this Website or otherwise to us, you expressly authorise us to disclose and process your information as described.

3.4. Children’s privacy

We do not knowingly collect any personal information from children under 16. We do not sell products for purchase by children. If you are not 16 or older, you are not authorised to use the Website.

3.5. Your rights

Pursuant to the Belgian Act of 30 July 2018 on the protection of privacy as regards processing of personal data and the GDPR, the User has the right:

- to request:

• access to your personal data at any time,
• that inaccurate, outdated, or no longer necessary information be corrected, erased, or restricted,
• in certain circumstances, the erasure of your data, especially if the personal data concerned have been collected directly from you and that those personal data are no longer necessary for the purpose for which we collected it, the processing of the personal data concerned was based on your prior consent and you have withdrawn such consent or if you object to the processing of the personal data.

 

- If the processing is based on the User’s prior consent, to withdraw the User's consent at any time.

- To object to the processing of your data at any time on condition that your objection is justified on your own grounds, and such justification is within the limits of applicable data protection regulations.

- If the User objects to the processing of his or her personal data, of if he or she challenges the legality of the processing of his or her personal data or the accuracy of his or her personal data, to request that SDSH restricts the processing of his or her personal data for the time necessary for SDSH to verify the basis of such request. Such restriction may also be requested if the processing of your personal data is considered illegal but the User does not want his or her personal data to be deleted.

You can exercise the rights described above by:

- Sending an e-mail to hello@sarahdesainthubert.be
- Sending a letter to:

  SDSH SPRL
  Rue Kelle 150,
  1150 Brussels (Belgium).

3.6. Security

SDSH is committed to protecting the information we receive from you. Any personal information you provide to us is maintained on secure servers and our internal systems. We take appropriate security measures to protect your information against unauthorized access to or unauthorised access, disclosure or destruction of data.

To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.

3.7. Links to third party website

To enhance your shopping experience, the Website may include links to other sites. Those website will have their own privacy policies that you may wish to review. SDSH takes no responsibility for these linked websites.

4. COOKIES POLICY

By using our Website, you consent to our placement of cookies on your computer.

Cookies are small data files which are automatically stored on your computer when you visit our Website. Cookies are used to track the pages of the websites you have visited and do not retain any personally identifiable information such as your name, address or any credit/debit card information.

We may use cookies to, among other things, enable you to use certain Website features, remember the items in your shopping cart, store your preferences, recognise you when you return to our Website, speed up your searches, track your orders, and monitor and maintain information about your general Internet usage and use of our Website. Cookies help us to improve our Website and to deliver a better and more customised service. They allow us to personalise our Website according to your individual interests. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website or unable to use some or all of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Website.

We use the following types of cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of the Website (e.g. cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services).
• Analytical/performance cookies. These cookies allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us for our legitimate purposes to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These cookies are used to recognise you when you return to our website. This enables us, subject to your choices and preferences, to personalise our content for you, greet you by name and remember your preferences.
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information subject to your choices and preferences to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Except for essential cookies, all cookies used on our Website will expire after an appropriate period of time, which may vary according to the type of cookie.

The consequences of disabling cookies depend on which cookies you disable, but in general, the website may not operate properly if you take this decision. If you only disable third party cookies, you can continue to make purchases on the Website. If you disable all cookies, you will not be able to finalise your purchase on our website.

Below you will find details on how to use common types of browser to disable cookies.

- Disabling cookies in Internet Explorer
o In the menu “Tools”, click on “Internet Options”
o Click on the “Privacy” tab
o Select the appropriate setting

- Disabling cookies in Google Chrome
o In the settings, click on “Advanced Settings”
o Under “Privacy and Security”, click on “Content Settings”

- Disabling cookies in Safari
o Click on “Preferences”, then “Privacy”
o Click on “Remove all Website Data”

- Disabling cookies in Firefox
o Choose the menu “Tools”, then “Options”
o Click on the icon “Privacy”
o Find the menu “Cookie” and select the relevant options

- Disabling cookies in Opera 6.0 and following versions:
o Choose the menu “Files”, click on “Preferences”
o Privacy

5. MISCELLANEOUS

5.1. Changes to the General Conditions

SDSH reserves the right to amend the terms, conditions and text in this contract at any time whatsoever.

Any modification of these General Conditions shall be brought to your attention by being displayed on the Website, and, where appropriate, notified to you by e-mail. We invite you to check back on regular basis to see if any updates or changes have been brought to this policy.

If you do not accept the new General Conditions, you should request the cancellation of your user account and stop using the Website. Failing to do so, you shall be deemed to have accepted the new General Terms of Use upon expiry of the abovementioned period of notice.

5.2. Complaints – disputes

Should you have any disputes concerning your use of the Website, your order or the processing of your personal data please contact hello@sarahdesainthubert.be.

Should it not be possible to resolve a dispute with SDSH by such means, the Users may resort to mediation or to any other alternative method of dispute settlement.

5.3. Applicable law & jurisdiction

All relations between the User and/or Buyer and SDSH are exclusively governed by Belgian law.

The French speaking courts of Brussels have exclusive jurisdiction in the event of disputes between the User and SDSH SPRL arising out of or in connection with the General Conditions.

6. CONTACT DETAILS

Our contact details are:

SDSH SPRL
Rue Kelle 150
1150 Brussels
Email: hello@sarahdesainthubert.be