1. DEFINITIONS AND SCOPE OF APPLICATION 

These terms and conditions of sale (hereinafter referred to as "the terms and conditions") apply to all orders placed with Deuxmains SRL, registered under the BCE number BE0804729222, with its registered office at Avenue Louise 168, 1000 Brussels (hereinafter referred to as "the seller"). 

These terms and conditions form the contract between the seller and the customer. The seller and the customer are collectively referred to as "the parties." 

The "customer" is any individual or entity that places an order with the seller.  

The "consumer" is the customer, an individual acting for purposes not related to their commercial, industrial, craft, or professional activities. 

These terms and conditions are the only ones applicable. In all cases, they exclude the customer’s general or specific terms, unless expressly accepted in writing by the seller.  

The seller reserves the right to modify these terms and conditions at any time without prior notice, provided that the changes are displayed on the seller's website. These changes will apply to all orders placed thereafter. 

2.OFFER AND ORDER 

To place an order, the customer selects the product(s) they wish to purchase by browsing the seller’s website, provides the requested contact details, checks the accuracy of the order, and then proceeds with the payment. 

After receiving confirmation of payment from the bank, the seller sends the customer an order summary, which includes the order number, the products ordered, their price, these terms and conditions (or a link to them), and an indication of the expected delivery time. 

The seller reserves the right to suspend, cancel, or refuse the order of a customer, particularly in cases where the information provided by the customer is obviously incorrect or incomplete, or if there is a dispute regarding payment for a previous order. 

3. PRICE 

The price of the products is indicated in euros, including all taxes. 

Any increase in VAT (Value Added Tax) or any new tax imposed between the time of the order and the delivery will automatically be charged to the customer. 

Shipping costs are not included in the price displayed but are calculated separately during the ordering process based on the delivery method, location, and number of products ordered. 

4. DELIVERY TIMES 

In case of a delay exceeding thirty working days, the customer must send a formal notice by registered mail to the seller, who will then have an additional 50% of the prescribed time to deliver the ordered product(s). 

5. RETENTION OF TITLE 

The seller remains the owner of the ordered products until full payment is made. 

Ownership of the products is transferred to the customer only after the withdrawal or delivery of the items and after full payment of the order. By exception to Article 1583 of the Civil Code, sold, delivered, or installed items remain the exclusive property of the seller until the invoice is fully paid. Until the purchase price has been paid, the customer is prohibited from pledging the items, offering them, or using them as collateral in any way. The customer is expressly prohibited from modifying these items, incorporating them into real estate, selling them, or disposing of them in any manner. 

As long as the seller retains ownership rights to the delivered goods, as per this article, the customer is responsible for maintaining these products in good condition. During this period, the customer alone will be liable for any loss or damage to the products. If necessary, the customer agrees to insure the products against any risk. The customer also agrees to store the products in a way that they cannot be confused with other items and that they can always be recognized as the property of the seller. 

6.RIGHT OF WITHDRAWAL 

In accordance with Article VI.47 of the Economic Law Code, a consumer who orders products remotely from the seller has a period of 14 days from the day they physically take possession of the goods (Article VI.47 §2, 2° CDE) to notify the company of their intention to withdraw. 

• In the case of home delivery: the period begins on the day of delivery. 
• In the case of in-store pickup: the period begins on the day the consumer collects the goods in-store. 

The consumer can return the product(s) within an additional 14 days, starting from the day after they notify the company of their decision to withdraw (Article VI.51 §1, al.1 CDE). 

It is recommended to notify the intention to withdraw by sending an email to demain.selection@gmail.com . 

It is also advised to return the product(s) in perfect condition and in their original packaging. 

To withdraw, the consumer can either: 

Use the withdrawal form available at: Withdrawal Form. 

Or notify their decision clearly and unequivocally by any means (email, letter, phone, etc.). 

The customer will bear the cost of returning the goods in the case of withdrawal (Article VI.51 §1, al.2 CDE). 

The seller will refund all payments received, including initial delivery charges. The refund will be made using the same payment method as the original transaction, unless otherwise agreed with the customer, and provided no additional costs are imposed on them. 

The seller will return the amount paid as soon as possible and no later than 14 days from the day after being informed of the consumer’s decision to withdraw (Article VI.50 §1 al.1 CDE). However, the company may delay the refund until the goods are returned or until the consumer provides proof of shipment, whichever occurs first (Article VI.50 §3 CDE). 

The customer is responsible for any depreciation of the product resulting from handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the goods. In such cases, a compensation fee may apply. 

Additionally, the consumer cannot exercise the right of withdrawal if one of the other exceptions in Article 53 of Book VI of the Economic Law Code applies, particularly for goods made according to the consumer’s specifications or clearly personalized. 

7. DELIVERY OF THE ORDER

The order will only be delivered to the customer after full payment has been made.

8. AVAILABILITY 

 The products offered for sale by the seller are subject to availability.

In case one or more product(s) are unavailable after payment, the seller commits to inform the customer promptly and offer the choice of a refund, modification of the order, or delayed delivery once the stock is replenished. 

9. RECEIPT OF THE ORDER AND CLAIMS 

 Any claims must be submitted in writing within 2 months (minimum) of noticing the defect. It is recommended to report the defect as soon as possible. 

• In the case of home delivery: the period begins from the day of delivery. 
• In the case of in-store pickup: the period begins from the day the consumer picks up the goods. 

Failure to do so means the claims will not be considered, and the customer will be deemed to have definitively received the order. 

If the claim is deemed valid, the seller/service provider will choose either to replace or refund the price of the affected products. 

10. INTELLECTUAL PROPERTY 

The information, logos, designs, trademarks, models, slogans, graphic charters, etc., accessible through the seller’s website or catalog are protected by intellectual property laws. 

Unless otherwise expressly agreed upon in writing, the customer is not authorized to modify, reproduce, rent, borrow, sell, distribute, or create derivative works based on the elements present on the seller’s website or catalog. 

Unless expressly stated otherwise, the agreed price does not include any transfer of intellectual and/or industrial property rights. 

11. LEGAL GUARANTEE OF CONFORMITY FOR USED GOODS

The company is bound by the legal guarantee of conformity for used goods, in accordance with the provisions of the Code of Economic Law.

The legal warranty is valid for a period of 1 year from delivery of the goods.

The legal warranty is provided by the seller, who is liable for any lack of conformity in the goods sold.

In the event of a defect, the consumer may request repair, replacement, price reduction or reimbursement, in accordance with the applicable legal conditions.

12. LIABILITY

General Provisions. The client acknowledges and accepts that all obligations undertaken by the seller are obligations of means only and that the seller is liable solely in cases of fraud or gross negligence.

If the client can demonstrate the existence of fraud or gross negligence on the part of the seller, the compensation the client may claim is strictly limited to material damage directly resulting from the seller’s proven fault. All other damages are excluded, and in any case, the compensation cannot exceed 75% (excluding taxes) of the amount effectively paid by the client for the order. 

The client also acknowledges that the seller is not liable for any direct or indirect damages caused by the delivered products, including but not limited to loss of profits, increased overhead costs, or loss of clientele. 

Similarly, the seller cannot be held responsible in cases where the client provides incorrect data or when an order is placed on their behalf by a third party. 

Lastly, it is the client’s responsibility to be informed about any restrictions or customs duties imposed by their country regarding the ordered products. Consequently, the seller cannot be held liable if the client faces any restrictions or additional taxes due to the policies in place in their country.

Materials. If the client requires the seller to use a specific process or materials of a particular quality, origin, or type—despite the seller’s written and justified reservations—the seller is fully released from liability for any defects arising from the choice of said process or materials.

13. STYLES, SIZES, CUTS & CONDITION

Please refer to the details of each piece for notes and remarks relating to the sizes, condition and possible defects of the garments we offer on our site. Please use these notes as a guide and estimate when shopping, as styles, sizes, fits and condition may vary from item to item. We use European sizes unless otherwise specified. If you need more precise information about the size or condition of an item, we'll be happy to help. Simply e-mail your request to demain.selection@gmail.com.

14. INTERNET AND NEW TECHNOLOGIES

The customer acknowledges the restrictions and risks associated with the use of the Internet or any other means by which the website is currently or will in the future be made available. The customer also acknowledges the risks of storing and transmitting information digitally or electronically.

The customer accepts that the seller cannot be held liable for any damage caused by the use of the seller's website (and any applications) or the internet, as a result of the aforementioned risks.

The customer further accepts that electronic communications exchanged and backups made by the seller may be used as evidence.

15. MISCELLANEOUS PROVISIONS

Force Majeure or Fortuitous Events. The seller cannot be held liable, either contractually or extra-contractually, for any failure, whether temporary or permanent, to fulfill its obligations when such failure results from a case of force majeure or a fortuitous event.

The following events shall be considered cases of force majeure or fortuitous events: 1) The total or partial loss or destruction of the seller’s computer system or database when such an event cannot reasonably be attributed directly to the seller and it has not been demonstrated that the seller failed to take reasonable preventive measures; 2) Earthquakes; 3) Fires; 4) Floods; 5) Epidemics; 6) Acts of war or terrorism; 7) Strikes, whether declared or not; 8) Lockouts; 9) Blockades; 10) Insurrections and riots; 11) An interruption in the supply of energy (such as electricity); 12) A failure of the Internet network or data storage system; 13) A failure of the telecommunications network; 14) A loss of connectivity to the Internet or telecommunications network on which the seller depends; 15) An act or decision by a third party that affects the proper execution of this contract; or 16) Any other cause beyond the seller’s reasonable control.

Unforeseen Circumstances. If, due to circumstances beyond the seller’s control, the fulfillment of its obligations becomes impossible or significantly more costly or difficult, the seller and the client agree to negotiate in good faith a modification of the contractual terms within a reasonable timeframe to restore balance. If no agreement is reached within a reasonable period, either party may terminate the contractual relationship without any compensation or indemnity of any kind.

Contract Termination.In the event of the client’s insolvency or unpaid debts, even in the context of previous contracts between the client and the seller, the seller has the right to suspend the execution of its obligations until the client has fully repaid all outstanding debts owed to the seller.

If the client fails to fulfill its obligations, the seller may terminate the contract at the client’s sole fault, without delay or compensation, and, if applicable, may seek damages by any legal means.

Illegality. If any article, paragraph, or provision (or part thereof) of these general conditions is deemed illegal or void, it shall not affect in any way the legality of the other articles, paragraphs, or provisions, nor the rest of the concerned article, paragraph, or provision, unless an obvious contrary intention is stated in the text.

Headings. The headings used in these general conditions are provided solely for reference and convenience. They do not affect the meaning or scope of the provisions they refer to.

16. APPLICABLE LAW AND JURISDICTION

These terms and conditions are governed by Belgian law.

In the event of a dispute concerning the validity, interpretation, performance or termination of these terms and conditions, the parties agree to use mediation before any other means of dispute resolution.

The parties therefore appoint a mutually agreed mediator, or instruct a third party to do so.  

Once the mediator has been appointed, the parties, with the help of the mediator, define the organization of the mediation and the duration of the process.  

Either party may terminate the mediation at any time, without prejudice to the other.  

Should the mediation fail, only the courts of the judicial district of Nivelles will have jurisdiction.