These general terms and conditions are intended to regulate the contractual relationship between the customer and Giantsidis Melanie, and independent, with a natural person, of which the company is established in Amsterdam, the netherlands and registered at the KVK under number NL 5022.7740.3B01;
Hereinafter referred to as the(e) (the “Company” ;
By “Client” is referred to the particular, non-professional, qualified consumer by the code of economic law who buys the Company's products on its Website.
Article 1 – General
- These general terms and conditions are intended to regulate the contractual relationship between the Customer and the Company.
- The latter carries out its activities in the field of sale of clothing, the council on measurement, the beauty and fashion coaching, personal coaching, the sorting of the dressing, the make-up courses and workshops related to those activities.
- The Company also operates an online store hosted on the website www.giantval.com
- These terms and conditions are applicable to any purchases made by the Client on the Site. They are applicable both to the sales made in Belgium and abroad via the Site, and relate to the existing contractual relationship between the Company and the Client, to the crossing of the order to payment and delivery. These terms and conditions are also applicable to any service not-shown-before-and-carried out by the company in the framework of its activity.
- Regarding the services, the Customer is bound by these terms and conditions from affixing his signature on the estimate as mentioned in article 2, or upon the completion of the advance payment as requested by the Company pursuant to article 8. The Customer is deemed to have read and understood. In case of validation of the quotation by electronic means, the customer is bound by these terms and conditions upon agreement transmitted to the company by electronic means or confirmed by the company in writing, in any form whatsoever.
- These general terms and conditions prevail over any other general or specific conditions. They may be modified at any time by the Company by means of communication to the Customer in the shortest possible time. The new version of the terms and conditions shall be applicable only to contracts concluded after the entry into application. The amended general terms and conditions will automatically apply to all future online purchase of the Client on the Site.
Section 2 – Specifications, prices, and contract documents for the provision of services
- In any event, the provision of services and advice tailored require a prior exchange between the Company and the Customer. An appointment may also be taken online on the website of the Company. At the end of the exchange, the Company submits a quote for the service(s) desired(s) and/or for the(s) product(s) to be delivered. This quotation has a validity period of 7 calendar days.
- Any changes made by the Client, after submission of the quotation, will give rise to a modification of the latter, and, where appropriate, the cost of the Service(s) and/or the product(s).
- Prices may vary for reasons beyond the control of the Company. In the event of a change of price increase imposed by the vendor, the Customer will be duly informed. He enjoys the opportunity to abandon the purchase if the variation is greater than 20% compared to the price originally agreed. Otherwise, the Customer is not entitled to waive the purchase.
- The agreement of the Client, as to the content of the quotation may be given: (i) by affixing his signature on the quote with the handwritten words “agreement” and the date of signature; (ii) confirmation is sent by e-mail.
- In any case, the quotation can be returned signed by postal mail or by electronic means, provided that the agreement of the Client is mentioned in a visible, identifiable and non-equivocal.
- In the case where the quote has been issued by the Company electronically, e. a. by exchange of electronic mail, the Customer expressly agrees that this exchange is the contractual relationship and can serve as a proof about the existence of it.
Article 3 – Procedure for online purchase and price
The operation of the Site is fixed in the following manner :
- The Client connects to the Company's Website and selects the items they place in their shopping cart. He expressed his readiness to place an order.
- The Customer, after registration, between the details of delivery and billing. The total amount of the order, including all taxes and port charges are given to him.
- After having received a complete summary of the order, the customer confirms her readiness to move on to the stage of the payment.
- The Client is redirected transparently to the site of the payment module, where it enters her preferences and payment settings. The information related to the credit card used are not known to the Company. The confidentiality of information is guaranteed. The transaction costs are borne by the Company.
- Payment is required to the financial institution concerned.
- The Client receives via e-mail of the outcome of the transaction that he can then print it and keep it as proof and authentic.
- The Company carries out the treatment after the sale and sends the package to the Customer in accordance with these general conditions.
Any changes made by the Client will result in a change of the confirmation of the order and, where appropriate, of the total cost mentioned.
- In any case, the products put in a basket or ordered online will remain the property of the Company until full payment.
- The Customer remains solely responsible for its contact data. It is the obligation to make any necessary modification on the Site and this, for example, in the case of a new e-mail finally allow for the successful completion of step 6.
- The prices displayed on the Site are valid on the date of the consultation and are subject to change. The final price is communicated to the Customer at the time of the confirmation of the sale on the Site.
- The Site has been carried out in the most conscientious way possible. It is intended to present the products offered by the Company. The information contained on the Website are subject to change. The Customer is, therefore, prompted to verify the information in its possession prior to the ignition caught. In any case, the Company is not bound by the information available on the Site.
- With regard to the realization of tailor-made clothing, the price will be established on quotation by the Company.
Article 4 – Agreement of the client and contract documents
- By validating his / her order, the Client indicates its intention to conclude a sales agreement subject to the present general conditions. It shows, moreover, that all data mentioned is correct and valid. The Company shall not, in any circumstances, be held liable to mistake about it.
Section 5 – Discounts
- Discounts or rebates may be granted to the Client. If applicable, a specific code may be encoded on the Site. These discounts or rebates are not right in the head of the Client. They are granted in consideration of the professional relationship between the Company and the client, and/or quantities of the products ordered. These discounts or rebates are, furthermore, strictly related to the order in question and may not, in any circumstances, be the object of a generality.
Article 6 – Cancellation of an order by the Company
- In the event of cancellation of an order by the Company, for reasons beyond his control (disappearance of the ordered product, the bankruptcy of a supplier, for example, and without being exhaustive), the Company is committed to offer products of an equivalent nature to the Client. It is free to accept or refuse.
- The Company reserves the right to cancel or refuse an order which would be contrary to the public order and good morals.
Article 7 – Specificities of achievement and linked to the performances
- In any event, the Customer undertakes: (i) to make available to the Company the documents and information necessary for the proper performance of the Services and of the Products purchased on the Site (measurements, size, etc); (ii) to accept the delegation of all or part of the realization of the Products to third parties in the contract subject to these terms and conditions, (III) allow access to all facilities, equipment, and premises involved in the services;
- Some of the Services to be performed at benefit periods considered unusual (for example evenings and weekends), can give rise to an additional charge in relation to the quote originally supplied. These supplements are billed when the Delivery period is unusual is carried out at the express request of the Customer. No extra charge if the Delivery is made at the time unusual on the initiative of the Company.
- It is possible to adjust the parts to the customer if these are custom pieces.
- The services offered are the following :
-The full coaching that incorporates both the Beauty and the Coaching, and the Fashion coaching is : the determination of the morphology, color, style, the morphology of the face, cuts/hair colors ideal, accessories, and glasses that suit you best, of the colours of make-up to adopt. After the coaching, you will receive a book-to-measure suit bringing together all of the tips learned in the coaching, the photos of different looks and inspirations, and the palette of colors and a shopping list to complement your wardrobe by email
-The Beauty coaching allows you to reveal your style through hair, accessories and makeup, with tips that will help you adopt the right colors, shapes and cuts. This includes : the determination of the morphology of the face, cuts/hair colors ideal, accessories, and glasses that suit you best, as well as the color of make-up to adopt.
-The Fashion coaching brings together all the essential techniques to help you feel in harmony in your outfits. Through this coaching, the Company will be able to determine the cuts of clothing ideal for you, the clothes that you match to suit your style as well as colors that you will go the better, the more close to the face. This includes : the determination of the morphology, color, and style. After the coaching, you will receive a book-to-measure suit bringing together all of the tips learned in the coaching, the photos of different looks and inspirations, and the palette of colors as well as the list of shopping in order to complete your wardrobe.
-The personal coaching is a support of 2 hours of shopping. Some shops will be selected, in accordance with your style, and many of the looks will be developed in order to enhance your wardrobe. After the coaching, you will receive a book-to-measure suit bringing together all of the tips learned during the session, the photos of different looks and inspirations, and possibly a shopping list.
-The self self-make-up is a learning of the basics of makeup daily, in harmony with your style and colours perfect for you according to your skin tone. An analysis of your routine care will also be carried out, as a make-up may not be optimal without a skin that is well prepared. This includes learning the basics of a make-up day, a sort of makeup kit, the determination of the type of your skin, the determination of a routine care according to your skin type. After the coaching, you will receive a book-to-measure suit bringing together all of the tips learned in coaching as well as a shopping list with all products/tools required.
-The sorting of your dressing room is an accompaniment to the within of your wardrobe. An analysis will be made on the latter, to identify the missing pieces and sort out those that are no longer needed. The goal is to have a walk-in closet and effective to your image. This includes : sorting of your dressing room, the analysis of the missing pieces. After the coaching, you will receive a book-to-measure suit bringing together all of the tips learned in coaching as well as a shopping list to complement your dressing room.
-Workshops are also offered by the Company : that is to spend an afternoon with girlfriends, or in the organisation of an event :Make-up: learning the basics of a make-up daily. An analysis of the routine care will also be performed - Color: discover colours that suit you best, closest to the face, with the technique of drapping – Morphology-style: analysis of the morphology and the style of each person to determine the cuts of clothing ideal and target the clothes that suit you best. After the workshop, each person will receive a card advises based on the latter.
Article 8 – Payment services
- The payment of the benefits is in accordance with the specifications established in the article given the peculiarity of Benefits, the Company reserves the right to request the payment of a deposit or the full range of benefits and at the latest at the date of the first Delivery.
- As soon as the payment is made by the Customer, the Customer is presumed to have agreed on the quote formulated, and this, in the same conditions as those laid down in article 2.
- The invoices are payable in cash.
- The invoice is to be sent by mail or email by the Company to the Client. If sent by email, this entry is sent to the email address given by the Customer during the signing of the quotation. In any case, the Company is not responsible if the address e-mail address communicated by the Customer is incorrect.
- In addition, in the event of a change of address, contact e-mail address, the Customer is obliged to immediately inform the Company. No delay additional payment shall be granted to the Customer which has failed to convey the change to the e-mail sending of the invoice(s).
- In addition to the foregoing, any invoice not paid within the required time will be productive of right to an interest of 12% per year. In the event of non-payment of the invoice within thirty days of the date of the invoice amount will be increased by 10% with a minimum of 50 euros, as a penalty clause conventional, fixed and irreducible.
- The transfer of ownership of the sold product is not effective at the time of payment in full. Before it, the product remains the full property of the Company, including in the event of partial payment by the Customer.
Article 9 – implementation Periods
- The Company mentioned on the Website or on the specifications of the Products requiring a completion period. This period is mentioned only as an indication and may be extended for reasons beyond the control of the Company (e. a. illness, accident, force majeure, technical problems and/or computer).
- If applicable, the Company is not liable to pay to the Customer any payment intended to compensate the delay.
- Any delay caused by the Customer will result in a longer production times (ex: delay in the transmission of the information).
Article 10 – Time and methods of delivery of the products
- The confirmation of purchase refers to a time limit of delivery. This period is only approximate. In case of delivery after this date, the Client does not benefit from the opportunity to consider the sale as null and void.
- Orders placed on a Saturday or a Sunday (and that do not require a completion time) will be shipped the following Monday. Orders placed on a holiday (and not requiring a completion time) will be shipped the following working day.
- The Company reserves the right not to ensure delivery during certain periods. The Company agrees to notify customers in advance. the Company will make deliveries of orders placed upon the resumption of the activity.
- The delivery time does not commit the Company to the extent that the delivery is provided by a third party carrier. The Company is, therefore, not be responsible in case of delay in the delivery due to reasons attributable to the carrier concerned or to third parties. The responsibility of the Company can in no way be put into question when she does not, by itself, of the delivery. Therefore, the risks related to the carrier are only at the expense of the latter and this, upon the surrender in his hands the products to be delivered. In case of deterioration of the goods ordered would be due to the transport, and for reasons not attributable to the company, the Company may agree to a replacement of the Customer's Order, in agreement with the latter. Alternate timelines are identical to the initial delays of delivery of the order.
- When the Client withdraws his Order in person to the Company, the transportation risks are to be borne by the Customer upon taking possession of his Command.
- A lump sum covering the shipping fee is added in the amount of the order.
- Upon receipt of the order, the Customer shall proceed to the verification thereof, before the start of the delivery or at the time of taking possession. Any defects must be reported immediately to the carrier and the order should be denied. The rejects are returned to the Company, which will examine whether its responsibility may be engaged and will, when necessary, to send a new command.
- In any case, in the event of loss of an order, the Customer is invited to contact the Company by email at the address [email protected]
Article 11 – Right of withdrawal
- The Customer has a withdrawal period of 14 days after taking possession of the Products ordered online.
- The customer must indicate in his letter of withdrawal in its name, first name, postal address, e-mail address, phone number, and order and specify what(s) product(s) is(are) returned(s).
- This right of withdrawal can not be lifted as long as the products purchased on the Website have not been used or modified and provided that the original packaging has not been damaged, that the seals are intact and that they are accompanied by the purchase invoice.
- This right of withdrawal does not apply to products: (I) extent, (II) sale, (III) déstockés, (IV) or in a special promotion on the occasion of certain events . In this case, the products are not returned, refunded or exchanged.
- This right of retraction allows the Customer to return, at its expense, the articles to the Company within 14 days after a written request. The Company agrees to reimburse all payments received by the returning on the bank account with which the online payment has been made by the Client or by offering vouchers on the Site of value equivalent to the purchase price of the returned product.
- To the extent that the right of withdrawal is exercised in the forms and conditions set out by this article, the Customer is refunded for his purchase within 14 days after the receipt by the Company of the returned product.
Section 12 – Warranty and return of defective products
- Products sold new are subject to a legal guarantee of 2 years. Products sold second hand are subject to a limited warranty to 1 year.
- The statutory warranty applies only to defects of conformity which exist at the time of delivery of the products, to the exclusion of: (i) any direct or indirect damage caused to the product after delivery, (ii) any replacement items or accessories with the regular renewal is necessary, (iii) any damage resulting from fire, water damage, lightning, accident, or other natural disaster; (iv) any failure caused expressly or by negligence, improper maintenance or abnormal use; (v) any damage resulting from commercial, professional or collective.
- The lack of conformity must be reported to the Company within 2 months of its discovery. Failing this, the legal guarantee is no longer applicable.
Article 13 – Obligation of means
- The creations are made-to-measure and on the basis of Customer's demands. The Company is only bound by an obligation of means, unless otherwise expressly provided. The designer undertakes to make every effort with a view to the realization of the order in accordance with the wishes of the client. The designer, however, is not required to implement the means of nature disproportionate in view of the objective to be achieved.
Section 14 – Limitation of liability
- The Company cannot be held responsible for delays possible or interruptions occurring during the use of the Website. the Company makes every effort to ensure the security of the Site (including against viruses or other computer-related crimes). Regular measures are being taken to meet them. If applicable, in the case of a security issue related to the use of the Website, the Customer is asked to inform the Company of the problem. the Company will make every effort to resolve the problem immediately or not immediately possible, within a reasonable time.
- The Website may contain hypertext links to other sites on the internet, to social networks, as well as references to other sources of information. These links and sources of information are made available to the Customer are for informational purposes only. They do not imply any relationship of any nature whatsoever between the Company and the website or the social network of reference. The Company has no control over their content and does, therefore, no liability for the information that there are times, and this, for damages of any nature whatsoever which may arise as a result of this information.
- The Company makes every effort to ensure delivery of quality products. In no case shall the Company shall not be liable for defects resulting from action by a third party.
- The Company is not responsible for the indirect Consequences of the use made of the goods, especially in the event of an allergic reaction to a component or in the event of damages resulting from abnormal use, unusual or non-scheduled products.
- The Company is not responsible for The non-fulfilment of the sale of the products, or a deferral or cancellation of delivery, for reasons beyond its control due to force majeure, disturbance, total or partial strike of third parties to the relationship, natural disaster, risk of terrorist attacks, or other similar event.
- The Company provides advice on Specific matters in relation with fashion tips and make-up, and should not be considered in the context of this strict limit. In any case, the liability of the Company cannot be blamed in case of advice without effect.
Article 15 – intellectual Property
- The full content of the Company website is the property of it (including the domain name, the editorial content of the Site, photos, etc, with the exception of items, making specific reference to a third party.) This content is protected by copyright. As such, they may not be copied, reproduced, used, either temporarily or permanently for any purpose other than those which would be possibly attributed to the Customer, without the permission of the Company, the owner of the website.
- The Company cannot guarantee the compatibility of the website with any computer hardware or software used by the Customer.
- All items made by the Company and delivered to the Client are subject to the legislation concerning intellectual property rights and, more particularly, to the rights of the author. The Company expressly authorizes the Client to make use of it in the frame and the Benefit limits and for purposes related to the realization of these. Any other use, including but not limited to the reproduction or communication to third parties is subject to the express consent of the Company which may, in appropriate cases, require the payment of royalties.
- The intellectual rights relating to all elements of the Services to be performed are and remain the property of the Company.
- In view of the preceding paragraph, the Client may not,in any case, modify the Services and Products unless explicit agreement of the Company contained in the offer or, by post, by writing. In the event of unauthorized changes, the Company benefits from the ability to claim copyright, as well as, if applicable, damages and interests. The liability of the Company may not, in any circumstances, be questioned as soon as a change is made by the Customer.
- In any case, the Customer can object to the reference coordinates of the Company on the Benefits.
- If the Client wishes, for any reason whatsoever, to create,from a third-party site, a link to the Website, in is obliged to inform in advance the Company. The information can be sent by e-mail [email protected] or via the contact form included on the Site.
Article 16 – personal Data
- Any personal data relating to the Customer as defined by the european Regulation on the protection of data 2016/679 (RGPD) is treated in accordance with this Regulation. These data are processed and stored only for the proper execution of the contractual relationship between the parties and are not, in any circumstances, be transmitted to third parties for any other purpose. In this regard, it is necessary to consult https://giantval.com/politique-de-confidentialite/
- The data stored by the Company are the following :first name, last Name, address, e-mail address, phone number, bank details, photos, data, measurements, personal.
- The Customer has the right to : (i) oppose, on simple request and free of charge, to the processing of their personal data, for serious reasons and legitimate, unless this opposition makes it impossible for the proper execution of the contractual relationship between the parties; (ii) access, free of charge, to data concerning them held by the Company and obtain the rectification of data which are incomplete, inaccurate or irrelevant; (iii) request deletion of the data concerning the Company provided that the data retention is not imposed on the Company by reason of a legal obligation; (iv) request the portability of their data held by the Company to a third party; (v) remove, if necessary, at any time, the consent to the processing of data based solely on consent.
- All inquiries regarding the foregoing should be addressed in writing to the registered office of the Company by mail, or by email to [email protected]
- The Company may disclose to third parties of personal information, upon the request of any authority legally authorized to make the request. The Company may also disclose if this transmission is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property.
Article 17 – the Collection of witness
- The Services performed by the Company for the account of the Client may, at any time, be used by the Company for references and anonymous. The Company undertakes to obtain the consent of the Client, for reference with an explicit reference to the data of the Customer.
- The Company may request the Client to gain a testimony, written, oral or visual, on the realization of Benefits and their effect on personal title. The Client remains free, at any time, to refuse to give such testimony. In case of acceptance, he is invited by the Company to implement its agreement in writing. The testimonies collected by the Company can be used in a documentary or references.
Article 18 – Claims
- Any claims by the Customer, with the exception of those which may be referred to in an article, shall be made in writing no later than 7 days after the occurrence of the matter giving rise to any claim, stamp the postmark. The Company agrees to make every effort to find an amicable solution and suitable to all parties. To the extent that a claim is made by the buyer within the time periods provided above, and provided that the Company agrees, the amount claimed will be limited to the value of the Products or Services concerned.
- Any return of product for any reason whatsoever is the sole responsibility of the Customer. In no case shall the Company will support the return costs.
Section 19 – Governing Law
- The possible invalidity of any provision of the present terms and conditions does not affect the validity of the whole of these terms and conditions. If a clause is rendered invalid, the parties undertake to enter into a clause with a similar effect and insert it in these terms and conditions.
Article 20 – settlement of disputes and competent courts
- In case of dispute, the mediation between the Company and the Client is privileged. If however, no agreement is possible, the competent courts are those of the judicial district of the registered office of the Company.
