General conditions

 

1.Scope

These General Terms and Conditions of Sale take effect from 1 June 2014 and apply to all orders of products carried out through the Service as defined in Article 3 and offered on the website of Poker Jeans.

Any provisions that contradict these General Terms and Conditions of Sale shall not apply. These General Terms and Conditions of Sale do not apply to the other business activities of Poker Jeans, to which specific terms and conditions fully apply. 

 

2.Generalities

This website is the exclusive property of Poker Jeanstore - Promotex International SA

 

3.Definition of Service and recipients

“Service” refers to the online shopping service for purchasing products offered by Poker Jeanstore on the Poker Jeanstore website intended for the Benelux and France.

The Service and the products offered through it are meant both for natural persons acting in their capacity as consumers (i.e. persons purchasing or using purchased products through the Service for non-professional purposes) or professionals, and for legal entities (hereinafter the “Buyer(s)”).

The Service and the products offered are not available for natural persons or legal entities subject to VAT established outside of Belgian territory.

 

4. Making of the agreement and acceptance of general terms and conditions

The products offered for sale through the Service do not in any way constitute a contractual proposal, such that the mere intention shown by the Buyer to purchase them, outside of the process of placing an order, cannot in itself give rise to a contractual relationship.

On the other hand, the fulfilment of the ordering process described below does contractually bind the Buyer; Poker Jeanstore is not validly bound to the Buyer until a confirmation of acceptance of the Buyer's order is sent as described below and subject to validation of the actual payment by the electronic payment service supplier.

Without prejudice to the above, Poker Jeanstore is entitled to suspend the sale of products and services or to modify the selection or price range of its products and services at any time and without prior notification, on the understanding that these modifications will have no influence on the orders previously accepted by Poker Jeanstore. 

The Buyer, by filling in and validating the order form, is understood to accept without reservation these General Terms and Conditions of Sale as well as the Disclaimer appearing on the website.

 

5. Ordering Procedure

The Buyer looks through the eShop section of the Poker Jeanstore website and chooses the products he or she wishes to buy.  

The Buyer selects one or more products that he or she intends to purchase using the “ Add to bag” icon.  If the Buyer selects too many products, he or she receives a notification explaining that the desired quantity of products cannot be ordered, and the maximum quantity that can be ordered is automatically added to the shopping cart.

At the end of the product selection step, the Buyer clicks the “View your shopping bag” or the bag icon on the upper right corner of the screen and is prompted to finalise the order. 

All orders placed within the scope of this service are presumed final at the end of the six successive steps mentioned below.

Each step is successively completed by clicking the “Next step” confirmation icon. If the Buyer wishes to change part of the order, he or she clicks the “Previous step” icon. At the time of the last confirmation, described in Article 5.f, the Buyer is contractually bound. 

a. Order details (“My shopping cart” page) 

A webpage showing the details (a preview) of the order placed by the Buyer is shown to the latter for the purposes of confirmation. 

The order details include:

If the Buyer wishes to change or add to the order, he or she selects a new quantity of products or selects the “cross” icon next to the photo to delete the product from the cart.

If the Buyer wishes to use a Promo Code, it should be entered on this page before proceeding.

If the Buyer wishes to continue with the order, he or she clicks “Next step”. 

b. Invoice address and contact information (“Sign in / sign out” page)

At step b. of the ordering procedure, the Buyer is prompted to create an account (or to input his or her e-mail address and password if already registered). The Buyer may also choose to place the order without creating an account and order as a guest. However, creating an account is highly recommended for facilitating orders and especially making returns and refunds. 

On this page, the Buyer must input his or her billing address and contact information.

To proceed to the next step, the Buyer must click “Next Step”.

c. Delivery method ("Delivery / Pick up" page)

At this step, the Buyer must specify the delivery method.

 Any shipping fees will be specified on the order summary ("Confirmation"). 

At this stage, it is also possible for the buyerto request an invoice by checking the box "I would like an invoice" in the space" My account "on the left of the screen.After checking "I would like an invoice" and click on "Complete the billing data", add or modify the billing information by adding, if the purchaser is subject to VAT, the name of the company or association and its VAT number.

d. Choice of payment method 

In the fourth step, the Buyer must select the method of payment:  

Once the payment method is chosen, the Buyer continues the ordering process by clicking the “Next Step” icon. 

e. Order summary (“Confirmation” page)

In this fifth step, a page summarises the information entered by the Buyer as well as a description of the products ordered, the total price per item, the shipping fee and the total price of the order including VAT.

If the Buyer wishes to change the order again, he or she may click “Modify shopping cart”.

 

If the Buyer agrees with the order summary, he or she clicks “Confirm order”.  

f. Payment of an order and confirmation

In this last step, the Buyer is prompted to enter his or her bank information and confirm them.  At this step, it is still possible to cancel the order by clicking the “Cancel” icon.

When the Buyer confirms the payment, he or she becomes contractually bound.

  

6. Confirmation by Poker Jeanstore and fulfilment of the order 

The Buyer receives a confirmation of his or her order by e-mail.

This confirmation includes:

Poker Jeanstore reserves the right to suspend or refuse confirmation of the order in the following cases:

 

7. Proof

Notwithstanding any written proof or proof stored on another durable medium to which the Buyer has access, it is agreed that the computerised records stored in the computer systems of Poker Jeanstore, its hosting service provider or its payment partner constitute proof of the communications, order content and all transactions between the parties. 

 

8. Offer, price and modifications

Offers and prices are valid on the day the Poker Jeanstore website is consulted. They may be modified at any time, on the understanding that these modifications will have no influence on the obligations of the parties with regard to the orders previously confirmed by Poker Jeanstore. Where appropriate, any change in the Belgian VAT rate may be applied immediately to the prices in question.

Any other existing or future indirect taxes, duties, fees or levies (with the exception of income and profits tax) that may be levied by an authority upon or applied to sales subject to these General Terms and Conditions of Sale, are always borne by the Buyer, and where appropriate, payable in addition to the product price.

The prices proposed at the end of the ordering process are all-inclusive and, unless otherwise stated, include Belgian VAT and any shipping and/or administrative fees.

Prices are given in euros.

Some items on our website are sold exclusively in groups and not individually.  It is of course always possible to purchase items individually in the various Poker Jeanstore retail outlets.

 

9. Availability

Poker Jeanstore product and price offers are valid as long as they are visible on the Poker Jeans website, while stocks last at Poker Jeans or its suppliers. 

In the event that a product becomes temporarily or permanently unavailable, the Buyer is informed of this fact by Poker Jeanstore Customer Service and has the option of cancelling the order or accepting a product similar to the one he or she had ordered.

Subject to prior notification of the Buyer, Poker Jeans may also vary all or part of the order, only deliver part of the order, reimbursing the remainder, or offer the Buyer products or services similar to those included in the order.

In the event that the Buyer refuses the alternative solution offered, Poker Jeanstore will refund all or part of his or her order, depending on whether it would have been partially delivered.

When a product shown on the website is comprised of several items, the product will not be split at the time of its delivery. 

In any event, Poker Jeanstore may not be held liable for damages resulting from the temporary or permanent unavailability of a product. 

 

10. Delivery

The order shall be delivered to the delivery address indicated by the Buyer during the ordering process, using the method specified.

Products ordered can only be delivered to addresses in Belgium, Luxembourg, France or the Netherlands, except for post office boxes.

Because “eShop” deliveries contain objects of value, these items are always affixed and sent with a bar code.  The document resulting from the scan made at the time of delivery of the order shall constitute a presumption of the effective delivery of the order (and of its safe receipt by the Buyer) and be deemed as proof thereof, unless the Buyer provides proof to the contrary.

Nevertheless, Poker Jeanstore reserves the right to choose the most appropriate delivery method for each order.  It may therefore choose to send an order by registered mail depending on the particulars of the order (e.g. a significantly large order), delivery history (previous problems indicated by the Buyer, possible delivery dispute, etc.) or objective criteria that point to expected and/or anticipated delivery problems. 

 

11. Billing

The Buyer may enter a billing address that is different from the delivery address for the order.  However, the billing address, like the delivery address, must be in Belgium, Luxembourg, France or the Netherlands.

A delivery order is always attached to the products ordered at the time of delivery. 

 

12. Delivery times

All orders are processed once payment is received and are sent Monday through Friday before 4 pm. Generally, an order is delivered in Belgium to the address specified by the Buyer within 5 working days of receipt of payment. For delivery to Luxembourg, France or the Netherlands, the minimum delivery time is 5 working days.  

The delivery times mentioned here are average processing and delivery times and are given for information purposes only.

If, however, one or more ordered product(s) does not arrive at the delivery address given within 15 calendar days from the confirmation of the order, it is up to the Buyer to make contact with Poker Jeans Customer Service, whose contact details may be found in Article 21, within a reasonable period of time to verify the status of his or her order.

If the Buyer can produce proof, in accordance with Article 10, that the order was not delivered within 15 calendar days of its confirmation, the Buyer may cancel it without penalty, provided that he or she notifies this fact by e-mail or registered letter to the address given in Article 21 of these General Terms and Conditions.

The amounts that the Buyer has already paid will then be refunded to him or her within 30 days of receipt of the cancellation request.

In the event that the order is not delivered, the Buyer has a period of 45 days from confirmation of the order to notify Poker Jeanstore in writing of this non-delivery.  After this period, the order shall de facto be considered as delivered and accepted by the Buyer and shall no longer be exchangeable or refundable.

Any sums already paid by the Buyer will be refunded within 30 days of receipt of the cancellation request.

Poker Jeanstore reserves the right to split the delivery of products according to their availability. In the event that the delivery of an order is split, the last product will be delivered within the aforementioned 15 days.

When a product shown on the website is comprised of several items, the product will not be split at the time of its delivery.  

 

13. Shipping and/or processing fees

Any shipping and/or processing fees payable by the Buyer are communicated on line in the confirmation e-mail and added to the price of the product(s) and services ordered.

If Poker Jeanstore splits the delivery for availability reasons, the shipping/processing fees will only be charged once. 

 

14. Incorrect deliveries

All products and services offered through the Service are described in good faith and as accurately as possible. However, the images shown on the website of Poker Jeanstore have no contractual value.

The Buyer is responsible for checking the contents of his or her order upon receipt thereof.

In case of sale to a consumer, in accordance with article 1649 bis and following of the Belgian Civil Code, if the product received does not correspond to the product that the Buyer has ordered or if it is damaged, the consumer will be required to inform the seller within two months from the moment when the buyer was able to become aware of the lack of conformity of the property, under pain of forfeiture.

An order will be presumed delivered in accordance with article 10 or according to the information mentioned on the document which is delivered after scanning made to the delivery address.

Except in the event of minor non-compliance, and in the event that the buyer opts for the replacement of the product for which Poker Jeanstore has found that the product has not been complied with, the product is returned in accordance with the procedure described in Article 15, mutatis mutandis.

15. Right of withdrawal

In accordance with the Belgian Law of 6 April 2010 on market practices and consumer protection, a Buyer acting as a consumer (as defined in Article 3) has a period of 14 calendar days, as from the day following the delivery date of the order, to notify Poker Jeanstore that he or she is withdrawing the purchase. This right of withdrawal cannot be exercised by professional Buyers.

This right does not apply if the purchase includes personalised or “made-to-measure” products.

This notification of withdrawal may be made by e-mail or registered letter sent to Poker Jeans Customer Service, the address of which is given in Article 21. 

The Buyer's right of withdrawal is subject to the return of the entire delivery within a period of 3 working days from the sending of said e-mail or registered letter notifying the withdrawal. 

To return an order placed through our online boutique for a refund, the Buyer may send the order back via the post office of his or her choice or drop it off at the Poker Jeanstore retail outlet of his or her choice, following the instructions for returning merchandise. In the event of a refund, the Buyer shall be charged for the return shipping costs.

If the Buyer wishes to return the order by a different method, by a carrier of his or her choice, it will be done at the Buyer's own expense and risk. If the Buyer's order is lost, he or she will not be able to ask for a refund thereof nor for the payment of damages. 

In case of depreciation of the returned goods resulting from manipulations by the consumer other than those necessary to establish the nature, technical or aesthetic characteristics inherent to the goods, Poker Jeanstore may retain, after having duly informed the consumer, the countervalue. Similarly, Poker Jeanstore reserves the right to refuse to refund returned products when they are returned incompletely.

Poker Jeanstore will refund the amount of the order within 14 calendar days of its receipt of the returned product. However, 

In the interest of improving the quality of its service, Poker Jeanstore invites the Buyer to state the reason for the return on our contact form.

The withdrawal form provided by the Annex II of Book IV of the Code of Economic Law is available on the link:http://economie.fgov.be/fr/binaries/Annexe_2_VI_et_XIV_CDE_formulaire_de_retractation_tcm326-275274.pdf

 

16. Payment

Generally speaking, orders placed through the Service are payable online by credit card (Visa/MasterCard) or debit card (Bancontact/Mister Cash) through a secure server or partner of Poker Jeanstore.  In this regard, Poker Jeanstore works with a service payment provider (Ogone) and uses the following security standards: Visa Certified and MasterCard Secured.  If a credit card is used, an authorisation will be requested of your financial institution at the time the order is placed.

Any unilateral action taken by the Buyer with regard to his or her banking institution contesting a payment made through our online boutique, or any action on the part of the Buyer leading in any way to a temporary or permanent freezing of funds in Poker Jeanstore's favour shall de facto (i) cancel the processing of the order, and (ii) in the event that processing has already been completed, cancel any right of refund of the order or any shipment of a replacement.

Poker Jeanstore retains ownership of the products sold until full payment is received.  The payment may never be split and it must be made for the amount of the entire order. 

 

17. Intellectual property rights

The website of Poker Jeanstore and its contents are protected by copyright. It also contains images protected by third-party copyrights. Copying, translating, amending or disseminating all or part of this website and/or of these images in any form whatsoever is prohibited without the prior written consent of Poker Jeanstore or of said third parties, as the case may be. 

Any reproduction, translation, amendment or dissemination, whether partial or total, of the aforementioned elements is strictly prohibited. Any infringement of these intellectual property rights shall give rise to civil and criminal proceedings.

 

18. Languages

Poker Jeans offers Buyers the chance to order in three languages:

 

19. Archiving

The agreements made through the Service are archived by Poker Jeanstore but are inaccessible to third parties (including Buyers). 

 

20. Disputes 

Any disagreement relating to the use of the Service and the application or interpretation of these General Terms and Conditions of Sale shall be governed exclusively by Belgian law. The courts of Brussels shall have sole jurisdiction in the event of a dispute. 

 

21. Customer service and complaints

To follow up on an order, and/or if there are any questions or complaints regarding the conformity of the products delivered within the scope of the Service, the Buyer may contact us:

 

On our website: Using our contact form.

By post: Contact Center eShop PokerAvenue Reine Astrid 2,1440 Wauthier-Braine 

By e-mail:eshop@jeanspoker.be

By telephone: Monday through Friday (except holidays) from 10 am to 12 pm and 2 pm to 4 pm. Tel.: +32 2 352 12 50

When you contact our Customer Service about a problem with your order, please be ready to provide us with your order number.  This information will allow us to process your request more quickly and efficiently. You can find your order number in the confirmation e-mail and on the delivery note that accompanies delivered items.