Terms of service

TERMS AND CONDITIONS

 

GENERAL

 This page contains the terms and conditions (hereinafter referred to as “Terms and Conditions”) under which the products listed on the website www.nathan-baume.shoes (hereinafter “Products”) are supplied. Please read these Terms and Conditions carefully before ordering any Products through the aforementioned website. You should understand that by ordering Products on this website, you agree to be bound by these Terms and Conditions.

Nathan-Baume Shoes is a webshop (www.nathan-baume.shoes) that offers shoes for sale by the private company Nathan-Baume Shoes, a company organized under Belgian law, with registered office at 1020 Brussels (Belgium), Atomiumsquare 1 BP209 registered in the Crossroads Bank for Enterprises (BCE/KBO) under number 0446.453.089 (hereinafter referred to as “Nathan-Baume Shoes”). Any internet user that places an order through Nathan-Baume Shoes’ webshop is referred to in these Term and Conditions as the “Customer”. These Terms and Conditions are applicable to all offers made by Nathan-Baume Shoes, all orders made by the Customer and all agreements with regard to the purchase of Products between Nathan-Baume Shoes and the Customer. During the ordering process, the Customer accepts explicitly and unconditionally the Terms and Conditions in their entirety. Unless explicitly agreed in writing between Nathan-Baume Shoes and the Customer, the applicability of any other terms and conditions is excluded.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

PRODUCT INFORMATION

Nathan-Baume Shoes has made every effort to display as accurately as possible the colours and images of our products that appear on this website. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

ORDERING PROCESS

The Customer’s order remains valid as an offer until Nathan-Baume Shoes has issued an order confirmation. An agreement will come into effect and Nathan-Baume Shoes shall be legally bound to supply the ordered product(s) to the Customer as from the moment of Nathan-Baume Shoes has accepted the order by sending an order confirmation by email stating that Nathan-Baume Shoes has accepted the Customer’s order and containing a reference number and the details of the ordered product(s). Nathan-Baume Shoes may refuse to accept the Customer’s order in case of unavailability of supplies. In that case, the Customer will be notified of the unavailability and Nathan-Baume Shoes will return any payment that the Customer has made. Nathan-Baume Shoes further retains the right to refuse an order placed by the Customer who has previously failed to pay for an order (in full or in part), and additionally in the event that a previously placed order was or is the subject of a dispute between Nathan-Baume Shoes and the Customer.

 

PRICE AND PAYMENT

All product prices are indicated in EURO, including VAT. The shipping costs are not included in the price and are payable by the Customer in addition to the purchase price. The prices that apply to the order(s) placed by the Customer are those which were valid and specified on the website on the day on which the order was placed and as specified by Nathan-Baume Shoes by order confirmation e-mail.

We reserve the right to modify the prices at any moment, but undertake to apply the tariffs mentioned on the site at the moment you placed your order.

If any discounts are granted to the Customer, these will apply exclusively to that specific (part of) order for which they were granted and under no circumstances (even if the discounts are granted repeatedly), they will create a right for the Customer to similar discounts on later orders.

Orders can be paid by Bancontact, by credit card or PayPal (supported payment cards are VISA, Master Card, American Express, Maestro). The Customer guarantees to be legally entitled to make online payments through one of the abovementioned payment methods and that the bank account has a sufficient balance to cover the payment due to Nathan-Baume Shoes.

The invoices shall be provided in electronic form only.

 

DELIVERY

The product(s) will be delivered at the place of delivery as indicated by the Customer during the ordering process. Nathan-Baume Shoes only ships product(s) to addresses located in Belgium, Luxembourg, the Netherlands and France.

Nathan-Baume Shoes aims to deliver within 1-10 working days of acceptance of the Customer’s order. The Customer will be informed in the case Nathan-Baume Shoes expects to be unable to meet the estimated delivery date. No liabilities for losses for direct or indirect damages arising out of delays in delivery will be accepted.

If the delivery is delayed through the Customer’s unreasonable refusal to accept delivery or if the Customer didn’t collect the product(s) from the carrier within a reasonable period of time, Nathan-Baume Shoes shall be entitled to terminate the purchase agreement with the Customer and to no longer make available the product(s) for delivery or collection. In that case, Nathan-Baume Shoes will refund the amount of the purchase price already paid by the Customer under the applicable purchase agreement, reduced with a fixed compensation equal to 20 % of the total purchase price of the ordered Product(s) for the administration charges made by Nathan-Baume Shoes for attempting to deliver and returning the product(s).

 

TRANSFER OF RISK AND TITLE

From the moment the product(s) is/are delivered to the Customer, all risks of damage to or loss of the product(s) pass to the Customer. Title shall pass to the Customer upon full payment by the Customer of the price (including shipping costs) and following the payment of any other outstanding amounts (e.g. interest, compensation for damage) by the Customer to Nathan-Baume Shoes.

 

VISIBLE DEFECTS – RIGHTS OF EXCHANGE – RETURNING PRODUCTS

The Customer undertakes to inspect the product(s) for obvious defects or damage(s) and to check the conformity of the quantity upon the moment of delivery. All complaints relating to visible defect and/or non conforming deliveries shall immediately be communicated by the Customer in writing at the latest within two (2) days following the delivery of the product(s) by email at info@nathan-baumeshoes.be , accompanied by a clear picture of the damaged packaging/visible defects. Claims about non-conformity or visible defects not made within the aforementioned period will not be entertained.

If the Customer is not satisfied with his purchase, Nathan-Baume Shoes will offer the Customer the possibility of exchanging the product(s) within two (2) calendar days upon the receipt of the product(s) by the Customer.

The product(s) must be returned to Nathan-Baume Shoes in its/their original condition: undamaged, unused, clean, unworn, and unwashed and with its/their original label(s) as well as all the protections provided on all metal accessories, straps, etc.

Nathan-Baume Shoes reserves the right to refuse an exchange of (a) returned product(s) which is/are not in a re-saleable condition. If the Customer exercises his right of withdrawal and Nathan-Baume Shoes notices a reduction in value to which the product(s) can be re-sold resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product(s), Nathan-Baume Shoes shall have the right to reduce the refunded purchase price by the amount equal to 100 % of the purchase price(s) of the product(s).

RETURN SHIPMENTS

A return shipment shall be sent back by the carrier GLS. The Customer must connect to the website of GLS :

https://www.gls-returns.com/#/m/nathanbaumeshoes

 . The Customer will create a return label to stick on the parcel being returned and bring the parcel to a GLS ParcelShop (click on link to find your GLS ParcelShop : GLS ParcelShops & depots search | GLS Belgium (gls-group.com)).

If the Customer wants to send the product back with another carrier, costs for return will be at the expense and the risks of the Customer.

In case you should exercise your right of restitution, Nathan-Baume Shoes will make all possible efforts to refund the Customer as soon as possible. Nevertheless, this depends on the technical inspection that is carried out on the products and that can take maximally 3 weeks.

The Customer is refunded by transfer.

 

LIABILITY

The products on the webshop are described and portrayed as accurately as possible. Nathan-Baume Shoes declines all responsibility for any possible errors that may occur when posting the photographs and accompanying texts presenting or describing the products on the website. The Customer acknowledges his awareness of the fact that the colours on the photographs may deviate slightly from those of the original Product(s).

Nathan-Baume Shoes shall not be liable for any losses, costs, damages, expenses arising out of late delivery in the event of stock being exhausted. In no event, Nathan-Baume Shoes shall be liable to the Customer for any indirect damage and Nathan-Baume Shoes total liability under any purchase agreement shall in no circumstances exceed the higher of the amount paid to Nathan-Baume Shoes by the Customer. The forgoing shall not apply in case of fraud or wilfull misconduct of Nathan-Baume Shoes.

To the extent Nathan-Baume Shoes depends on the cooperation, services and deliveries of third parties, Nathan-Baume Shoes shall by no means be held liable for any damages arising out of their fault.

 

FORCE MAJEURE

Nathan-Baume Shoes shall not be responsible in the event that Nathan-Baume Shoes performance of any of its obligations is delayed, prevented, restricted or interfered with by reason of force majeur (fire, flood, explosion, non-delivery or faulty delivery by its suppliers,…) or any other cause whatsoever beyond the reasonable control of Nathan-Baume Shoes.

In that case, Nathan-Baume Shoes shall be excused from performance of its obligations to the extent and for the duration of the impossibility to perform. If the event of force majeure prevails for longer than thirty (30) calendar days, either Nathan-Baume Shoes or the Customer may terminate the agreement by written notice without any indemnification being due to the Customer.

Since the commitment of the Customer towards Nathan-Baume Shoes essentially constitutes a payment obligation, force majeure affecting the Customer is hereby expressly excluded.

 

CONTACT – CUSTOMER SERVICE

If the Customer would have any questions, requires more information or has any complaints in relation to his/her purchase, the Customer can contact Nathan-Baume Shoes customer service by mail at info@nathan-baumeshoes.be. The customer service desk can also be contacted by letter addressed to DE BEYNE, Pierre Walckiersstraat 12, 1600 Sint-Pieters-Leeuw – Belgium. Nathan-Baume Shoes will make every effort to respond to the Customer within five (5) days after having received an e-mail or letter from the Customer.

 

PRIVACY

Nathan-Baume Shoes attaches great importance on the protection of personal data of the Customer collected or processed when the Customer uses our website.

Nathan-Baume Shoes abides by the Act of 30 July 2018 about the protection of natural persons with regard to the processing of personal data as well as by the European regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data .

Nathan-Baume Shoes is responsible for the processing of your personal data.

When the Customer places an order through Nathan-Baume Shoes webshop, Nathan-Baume Shoes will collect the following personal data of the Customer : title, name, email address, postal address, delivery address, telephone and/or mobile number, payment details, payment card details and/or bank account details.

The Customer stands in for the correctness of its personal data and grants permission to Nathan-Baume Shoes to process the personal data as provided to Nathan-Baume Shoes in accordance with the provision of this Privacy policy.

Nathan-Baume Shoes will use the data for the following purposes: customer administration processing and follow-up of orders.

The Customer expressly agrees that Nathan-Baume Shoes will pass his name and (delivery) address to a third party (carrier) in order to deliver the ordered products to the Customer. The Customer is entitled to request and view the processed data, have them updated and oppose their use for direct marketing purposes by Nathan-Baume Shoes, pursuant to the provisions of the Act of 30 July 2018 governing the protection of personal privacy and to the European regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.

Nathan-Baume Shoes refers therefore to its Privacy and Cookies Policy.

 

INTELLECTUAL PROPERTY RIGHTS

Nathan-Baume brand name and logo and all related names, design marks and slogans are the trademarks of Nathan-Baume Shoes. Nathan-Baume Shoes is the owner of all intellectual property rights relating to the products offered for sale through the webshop. The lay-out and graphic design of Nathan-Baume Shoes website, and additionally all designs, photographs, images, illustrations, text materials, video or audio sequences published on this website are protected by intellectual property rights and will remain the exclusive property of Nathan-Baume Shoes. Any form of reproduction, publication, imitation or any other type of use (except printing one copy and downloading extracts of any webpage(s) for your personal reference) in whatever form is prohibited without the explicit prior consent of Nathan-Baume Shoes.

 

SEVERABILITY

If any of these terms should be determined to be invalid or otherwise unenforceable, the invalidity or unenforceability of that term shall not in any way effect the other terms which shall remain in full force and effect and continue to be binding and enforceable.

 

AMENDMENTS TO THE GENERAL TERMS & CONDITIONS

Nathan-Baume Shoes reserves the right, at its discretion, to revise these Terms and Conditions at any time in accordance with the changes in Nathan-Baume Shoes trade policy and the economic and judicial necessities. Such revision shall be posted online on the website and the continued use of the webshop will be considered as the agreement by the Customer to be bound by these new Terms and Conditions.

 

APPLICABLE LAW AND COMPETENT JURISDICTION

These Terms and Conditions as well as all agreements between Nathan-Baume Shoes and the Customer arising or connected to placed orders by the Customer through Nathan-Baume Shoes webshop shall be governed by and construed in accordance with Belgian law. All disputes relating to the Agreement shall be submitted to the exclusive jurisdiction of the courts of the judicial district Brussels. The language of the proceedings is French or Dutch.