Please read our terms and conditions before signing any contract.
CONDITIONS GÉNÉRALES VENTES EN LIGNE
Article 1 : objet
The present general conditions of sale aim to define the rights and obligations of S.A. Starsmade Consulting and the Client of products presented on the site www.starsmade.com. They apply exclusively between S.A. STARSMADE CONSULTING, registered with the ECB under number 0898.058.464, whose registered office is located at rue de Verviers 52, 4841 WELKENRAEDT (hereinafter "Starsmade") and any natural person visiting or making a purchase via the said Site (hereinafter "the Customer"). On the Site, Starsmade allows the Customer to order clothing (hereinafter "the Product") online under these terms and conditions. Any order placed with Starsmade therefore entails the Customer's unreserved acceptance of these terms and conditions. These terms and conditions may be amended at any time and without notice by Starsmade, the applicable terms and conditions being those in force at the date of the order by the Customer.
The Product offered by Starsmade complies with the standards applicable in Belgium. The Customer has for the Product a description including the essential characteristics of this one, characteristics corresponding for example to its faculty or its university. Elements such as photographs, texts, graphics are not contractual. Starsmade takes the greatest care in the presentation and description of the Product to best satisfy the information of the Customer. It is however possible that errors may appear on the Site, which the Customer acknowledges and accepts.
3.1. The Customer declares that he/she is at least 18 years of age and has the legal capacity or parental authorisation to place an order on the Site.
3.2. The Customer undertakes to provide Starsmade with the real information necessary to carry out the service covered by these conditions as requested online and according to its situation, in particular its surname, first name, address, telephone number and valid e-mail address. The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose use would be illicit.
3.3. Once the order has been placed, Starsmade will send the Customer an email confirming the order. It informs the Customer of the dispatch of the Product.
3.4. The Customer can change his data in the "my account" section.
4.1. The prices displayed on the Site are indicated in euros, including all taxes, but excluding shipping costs, order processing costs and packaging costs. The delivery costs, contribution to order processing costs and packaging costs will be indicated in the Customer's basket before the order is finally validated.
Prices are subject to change at any time, particularly due to promotions or sales. The cost of telecommunications transmissions induced by the conclusion and/or execution of the present contract shall be borne by the Customer.
4.2. Starsmade may accept orders while stocks last. It informs the Customer of the availability of the Product sold on the Site at the time of order confirmation. If, despite Starsmade's vigilance, the Product becomes unavailable, Starsmade will inform the Customer by email as soon as possible. Starsmade shall not be liable for any permanent or temporary unavailability, nor shall it give rise to any right to compensation or damages in favour of the Customer. In the event of temporary unavailability of a Product, Starsmade will inform the Customer of the new delivery times of the suppliers and/or manufacturers of the Product concerned. The Customer may also subscribe to an e-mail alert to receive an e-mail once the Product is available again. In the event of permanent unavailability the order will be cancelled automatically.
4.3. To purchase a Product, the Customer can click on its graphic representation. This product is added to the shopping basket which may already contain other items that the Customer wishes to purchase and which were previously placed in the shopping basket. The Customer expressly declares that he/she has all the necessary authorisations to use the payment method when validating his/her order. The Customer also undertakes to ensure its solvency before placing any order, failing which Starsmade will be able to proceed with the delivery of the Products ordered. In any event, Starsmade reserves the right to refuse any order or delivery in the event of a dispute with the Customer o total or partial non-payment of a previous order by the Customer o refusal of authorisation of payment by bank card by banking organisations o non-payment or partial payment The responsibility of Starsmade cannot then be engaged.
4.4. The delivery period is 8 weeks from the end of the general order taking for the Product. The Product will be delivered to the address of the faculty or university that has been provided to Starsmade. The Customer will be informed of its availability by email. Starsmade shall not be liable for any consequences due to a delay in delivery if Starsmade proves that the non-performance or poor performance of the contract is attributable either to the Customer or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. In case of damaged packages (already opened, missing products...), the Client undertakes to notify Starsmade, by all means, of any reservations within 3 days of receipt of the product.
Starsmade will never be in possession of the bank details of its Customers. Payment can be made by credit card or by Paypal. In case of payment by credit card, the amount of the order is debited at the time of the order on the site. The order is paid in one go. The simple fact of providing the bank card number authorises the debiting of the Customer's account up to the amount of the order.
As the Product is a product made to the Customer's specifications or a clearly personalised product within the meaning of Article VI. 53, 3° of the Code of Economic Law, the Customer does not have any right of withdrawal after the general order for it has been placed.
The Product remains the property of Starsmade until full payment of the price by the Customer. If full payment is not made within 15 calendar days of delivery, the customer is obliged to return the aforementioned goods at its own expense and the contract is deemed to be terminated upon receipt by Starsmade of the returned goods in good condition.
The Customer benefits from the legal guarantee for any lack of conformity existing at the time of delivery of his article, if he did not know or was not supposed to know the defect at the time of the conclusion of the contract and if it appears within a period of two years from the delivery. In this case, the Customer may demand either the repair of his article or its replacement, and if neither of these solutions is possible, either an appropriate reduction in the price or the cancellation of the contract, under the conditions provided for by the law (art. 1649 bis and following of the Civil Code). To do so, the Customer shall notify Starsmade in writing within two months of the day on which it noticed the defect. If the defect appears within six (6) months of delivery, Starsmade must in principle prove that it did not exist at the time of delivery. After the two-year period, the customer can no longer demand the repair or replacement of its item, unless otherwise stated elsewhere on the website. Starsmade shall not be liable for any inconvenience or damage inherent in the use of the internet, including but not limited to a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and jurisprudence.
Under no circumstances is the Customer allowed to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, blog articles...). This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial purposes without the express written permission of Starsmade. In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and complete property of Starsmade or its partners/suppliers. The Customer is therefore obliged to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Product if applicable, or register any trademark that would be prejudicial to the holder of the rights, unless otherwise provided for by contract. The same applies to any other intellectual property right.
Starsmade undertakes to use the confidential information of Customers only in the context of the operation of its Site and its activity. In this context, Starsmade may use the Client's email address to send newsletters or to inform the Client of new products, new offers, promotions, etc. For the proper processing of the order, the personal data collected will be subject to computer processing, and the Client acknowledges that he/she is aware of this. In this respect, the information concerning him may be communicated to technical service providers of Starsmade. The Customer has the right to access and rectify personal data concerning him/her in Starsmade's files. Any request must be sent by e-mail to: firstname.lastname@example.org or by post to the following address Starsmade S.A., rue de Verviers 52 in 4841 WELKENRAEDT.
In the event of the occurrence of an event of force majeure, the party concerned must inform the other party within fifteen (15) days of the occurrence of this event, by email sent to the address given by the Customer at the time of ordering. Expressly, are considered as force majeure or fortuitous event, the cases usually retained by the jurisprudence of the Belgian courts and tribunals. All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation. If the event of force majeure continues for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.
GENERAL TERMS AND CONDITIONS FOR WHOLESALE SALES
These general terms and conditions apply to all orders placed with Starsmade Consulting AG, hereinafter referred to as "The Seller". Together with the stipulations of the order and any special conditions, they form the sales agreement. By signing the order form, the contracting party expressly acknowledges having read and accepted these general terms and conditions.
The agreed price is fixed at the date of signature of the purchase order and depends on various elements including the cost of raw materials, the EUR/USD and EUR/GBP exchange rate, the cost of transport etc.... It can be adapted at any time as long as the purchase order has not been signed by both parties if the fluctuation of the EU/GBP, EUR/USD exchange rate and/or the price of cotton/transport exceeds 3%.
Any specifications submitted by the buyer are used only as documentation and cannot be invoked against the seller. It is agreed that no production will be launched before the signature of the order form, the written approval by both parties of the print order (graphics, colour, lettering, etc.) and the payment of a deposit of 50% of the total invoice amount. Changes made by the customer to the order form or the seller's offer shall only be valid if the seller has accepted and confirmed them in writing. Cancellation by the customer of an order not yet in progress shall automatically entail the payment to the seller of a fixed and irrevocable indemnity equal to 25% of the total amount of the order, this indemnity being intended to cover the administrative costs incurred by the seller in drawing up offers, correspondence, stock management and loss of profit. If the cancellation of the order occurs after the seller has ordered the raw materials, the seller reserves the right to continue the execution of the contract or to claim a lump-sum compensation equal to 50% of the amount of the order. This compensation is intended to cover, in addition to the costs stipulated above, any penalties to suppliers or the compulsory acquisition of the raw materials that are the subject of the cancelled agreement. No further cancellations will be accepted as soon as the manufacturing process has started.
All prices are exclusive of VAT. All orders are deemed to have been placed at the seller's registered office. Unless otherwise agreed in writing, the buyer is obliged to pay 50% of the total price on signing the order, the balance being payable on delivery. Any complaints do not suspend the buyer's payment obligations.
Sauf exception, aucune commande inférieure à 100 pièces ne sera acceptée. Une passe de fabrication de +-5% pourra être appliquée sur votre commande
CONSTITUTION OF A GUARANTEE
If it appears to the seller that the credit of the purchasers is deteriorating, in particular if there are judicial enforcement measures taken against the purchasers and/or in the event of events that call into question the proper performance of the commitments entered into or make them impossible, the seller reserves the right, even if the goods have already been fully or partially dispatched, to suspend the order in whole or in part and to demand the necessary guarantees. In the event of refusal by the buyer, the seller reserves the right to cancel the order in whole or in part. In this case, the customer shall owe him the compensation stipulated in the paragraph "orders" of these general conditions.
DEFAULT IN PAYMENT
Any sum unpaid on its due date shall automatically and without prior notice bear conventional interest on arrears calculated on the basis of the reference index of the European Central Bank applicable on the date of invoicing. In addition, any sum unpaid on its due date shall be increased by right and without prior notice of default by a conventional, fixed and irrevocable indemnity of 10% of the outstanding balance with a minimum of €100, subject to all other damages and/or interest. A conventional interest at the predefined rate will also be applicable to this penalty clause, as from the due date of the invoice, until full payment. Any partial payment will be charged first to the costs, then to the accrued interest and finally to the capital, in accordance with Article 1254 of the Civil Code, notwithstanding the content of any settlement and any intermediate charge previously communicated.
The foregoing provisions do not entail any waiver by the seller of its right to claim, in the event of non-payment or non-compliance by the buyer with its contractual obligations, the cancellation or termination of the sale in return for payment of damages by the buyer. In this case, the buyer shall be liable for the compensation stipulated in the paragraph "orders" of these general conditions.
In the event of a defect in the goods, the seller shall be obliged, at his sole discretion, either to repair or to grant a credit note for loss of value, to the exclusion of any damages. The seller shall not be liable for any error made by the customer. The conformity of the order (quantity, sizes, colours, etc.) must be checked by the customer at the time of delivery. No dispute will be taken into account after acceptance of the delivery. As for possible defects, complaints are only admissible if they are addressed within five days of delivery, by registered letter to the seller's head office. If the complaint is recognised as justified by the seller or his supplier, the seller's obligations shall be limited exclusively to the replacement or free repair of the goods, without him being able to be held to any compensation. The seller undertakes to make every effort to deliver goods that comply with the printing order, subject to minor deviations in measurement from the technical data sheet or in colour from the printing order.
The inapplicability of one of the clauses of these general terms and conditions shall in no way affect the validity or applicability of the other clauses. The fact that the seller does not avail itself of these general terms and conditions of sale at a given time may not be interpreted as a waiver of its right to avail itself of them at a later date. Any communication or notification between the parties shall be validly made by registered letter or electronic mail with acknowledgement of receipt, for the seller, at its registered office and for the buyer, at its registered office or domicile.
JURISDICTION AND APPLICABLE LAW
Any dispute relating to the interpretation or execution of this contract shall fall under the exclusive jurisdiction of the courts of Liège. This contract is governed by Belgian law, which is the only law applicable to the contractual relations between the parties, notwithstanding any foreign criteria linked to the contract.