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CITY KART SA - Vapitex

TERMS AND CONDITIONS

The entrepise www.vaprotex.be shop is: SA City Kart NV Chaussée de Tubize 210 Bte G1 B-1440 Wauthier-Braine Belgium

For consumers only: 
 You have the right to notify CITY KART SA, Chaussée de Tubize 210 Bte G1 B-1440 Wauthier-Braine Belgium, if you wish to cancel the purchase. This can be done without penalty and without giving any reason within 14 calendar days after the date of delivery of the item. These Terms and Conditions apply to the purchase and shipment of items in Europe through our website. Please read the Terms and Conditions carefully before placing an order. When confirming that you have read and accepted these Terms and Conditions, when you submit an order through our website, you unconditionally accept these Terms and Conditions.

If you need additional information or if you have any questions about these Terms and Conditions, please visit the contact page or contact our Customer Service via our "Contact Us" section.

In the Terms and Conditions, "Vaprotex - CITY KART SA" and "you" mean CITY KART SA, Chaussée de Tubize 210 Bte G1 B-1440 Wauthier-Braine Belgium, company number BE 450 426 230 - RPR Brussels and "You" means you, the customer. The words whose first letter is capitalized and that are used in these Conditions have their statement in the "Definitions" below. The conditions of sale and your order Confirmation constitute the contract between you and us concerning the provision of the items. No other terms will apply. The contract can not be changed except by mutual agreement of the parties of the change in writing or by email.

A copy of these Terms of Sale can be stored electronically or printed by all users of our website.

All items are shipped from our warehouse in Brussels, Belgium.

1. INFORMATION PRODUCTS

We will do our best to ensure that information concerning the Goods are correct and updated. However, we can not ensure or guarantee that it will be no mistake in the description and / or the price of the Goods, or that they will always be available if you want to order. No references listed on our Website should be construed as a statement or declaration relating to the goods. All images, illustrations and descriptions of goods are for information purposes only and you are invited to contact us via the "Contact Us" if you want more information on the Goods.

We provide all reasonable efforts to accurately display the attributes of our goods, including the applicable colors. However, the color you see may depend on your computer system and its parameters. Therefore, we can not guarantee that your computer will accurately these colors.

We reserve the right at any time and without notice, to modify the information about Goods displayed on our Site, including without limitation, information about the price, description and availability of goods. However, changes in price, availability or description of the Goods will not affect orders placed by you and we have already accepted under Article 2 below.

The foregoing will not affect your legal rights concerning the Goods subject to an incorrect description.

2. HOW TO ORDER

To place an order, you must be at least 18 years of age. You need to choose the item you wish to order on the website and your preferred method of shipment. To proceed click on the "ORDER" button. Before finalizing the procedure please verify your purchase. You will then be asked to create a personal account, or connect to an existing account.

We can not accept orders by any other method than the one detailed above.

If you encounter any problems during the execution of an order, or if you are not sure that your order has been supmitted please contact us trough the "Contact Us" menu point .

When you place an order, you make a request on buying the item you have chosen. Orders are subject to the availability of items and are subject to our acceptance. We may, at our discretion and at any time, refuse to accept your order in the following cases:

(I) You have provided incorrect information, insufficient or incorrect bank details, incorrect billing information, address, insufficient or incorrect shipping, or fraudulent information;

(Ii) An error appears on our website for the items you have ordered, for example, an error in relation to the price or description of goods displayed on our site;

(Iii) The goods you ordered are not available through our website, or

(Iv) We believe that you are under 18 years of age.

We will not be liable to you or any third party when withdrawing items from the website, removal or revision of any piece of information or any content on the webite, refusing to process an order or the suspension of any transaction after we have started the procedure.

If we are not able to accept or process your order, we will contact you as soon as possible by email or phone, and at the latest within 30 days from the date of your order. If we can not accept or process your order due to unavailability of items or due to an error in the price and / or other information about the items which you have ordered, we will contact you and we will offer other products as an alternative. If you do not wish to accept our proposals, we will cancel your order in this case on the items that we are unable to provide and we will refund up to the amount you have paid us for these items.

If you order have been accepted, you will receive an automatic email acknowledging receipt of your order. This emai willl contain the relevant details of your order (eg, quantities, prices and shipping terms). Warning, this email is NOT an acceptance of your order. Unless you cancel your order, it will be shipped. Therefore, you will receive an email confirmation of Order Shipment informing you that we have sent, in whole or in part, the items subject to your order.

Orders may be canceled at any time before we have treated them. If you wish to cancel your order, please contact us via the "Contact Us" page. We will not accept order cancellations made by any other method than that detailed above. Once your order is processed, you can not exercise your right of withdrawal in accordance with the procedure specified in Article 8 below.

3. PROCEDURE APPLICABLE IN CASE OF AVAILABILITY OF GOODS

We do our best to ensure that the information on our website about the items are always accurate. However, when you submit an order, it may unfortunately happen that some items are out of stock, especially if the stock level was low when you placed your order.

If we are not able to ship the ordered items within 30 days from the date of your order, we will contact you and ask you if you want us to cancel your order. In this case we will refund the costs of items in the cancelled order. If we do not receive anyresponse to our email or message, (we can leave you a voicemail) then, we will send you an email reminder. If you do not contact us within 3 days, we will cancel all of your orders and we will refund the cost of the items. Nothing in these terms of sale will not affect your legal rights regarding defect items.

4. OUR PRICING POLICY

Item prices are listed on our website and will be confirmed in the Automatic Order Confirmation email that you will receive when you place your order.

All prices are in Euro and include VAT but do not include delivery charges.

Delivery charges may apply to your order as indicated on our website at the time you submit your order. Delivery costs depend on the value of your order and the shipping method you have chosen. To view our shipping rates and terms and conditions, please visit our "Delivery & Returns" page.

We reserve the right to change the prices of our items on our website at any time and without notice. Changes in prices of items will not affect your order once we have accepted and we have send you an email Order Confirmation.

If we find an error in the price of items you have ordered, we will inform you as soon as possible by email or phone, to give you the possibility to re-confirm your order at the correct price or to cancel it. If you cancel the order, we will refund the amount you have paid or we will defer to your credit.

5. PAYMENT

We accept credit cards including Maestro, Visa, Visa Debit, Master Card and American Express. We also accept payments by PayPal or Hipay. Payment must be made in the currency of your order before submitting it.

If you pay by credit card or debit card, you must provide your card details when you place your order. Your credit card or debit card will be charged the total value of your order when we receive your order. We will only deliver you items after the issuer of your credit card or debit card has authorized the use of your card for payment of the ordered items. If we do not receive such authorization we will notify you. We reserve the right to verify the identity of the holder of the credit card or debit card requiring appropriate documentation.

We take all reasonable precautions to secure our website and prevent fraud. All transactions made with credit cards and debit cards on this site are processed by "PayPal", a secure payment gateway which will be responsible for holding and processing automatically and secure the information related to your method of payment. Please note that we may at any time and at our sole discretion place restrictions on the shipment of goods to certain countries or places that we believe have a high risk of fraud.

If you pay with PayPal or Hipay, you will be asked to log into your account with your email address and password to confirm the payment. If you do not have a PayPal account or Hipay, you can still pay with PayPal up to 10 times and you will be asked to enter your personal details and the details of your credit card. Your items will be shipped after your payment is executed. If we do not receive payment within 30 days after the date of your order then your order will be canceled.

We will send the items to the delivery address indicated on your order confirmation. However, we can send you related documents by email only to the email address you provided when placing order address.

6. DATE AND TIME OF DELIVERY OF ITEMS AND CONDITIONS TO FOLLOW MY ORDER

Items ordered through this website will only be shipped in Europe.

Delivery will be made via a standard carrier during normal business hours, Monday till Friday (except holidays). Delivery charges may apply to your order: to view our terms of delivery and delivery charges, please see the "Shipping & Returns" page. Upon delivery of the items to our carrier we will send you an email confirmation that we are shipping the order.

We will deliver the items only as or after the receipt of payment. We will do our best to ensure that items are delivered within the time stated in our terms of delivery. However, any delivery date or time specified by us can be considered only as an estimate and we will not be responsible for any loss or damage you suffer as a result to an unavoidable delay in delivery.

If there is no one able to accept the items at the adress at the time of delivery, the carrier will leave a notice in your mailbox.

The transfer of ownership and the risks associated with items will operate to your benefit on the day of delivery.

7. RETURN OF PRODUCTS

We hope you will love your purchase from City Kart SA. However, we understand if you wish to return any item. Items that have been supplied incorrectly, which are incomplete, damaged or non-conforming, or if you have simply changed your mind, the items can be returned using the following procedure and within the time specified on our Delivery & Returns page.

8. YOUR RIGHT TO CANCEL YOUR ORDER UNDER THE REGULATIONS OF DISTANCE SELLING

For consumers only:

You have the right to notify CITY KART SA, Chaussée de Tubize 210 Bte G1 B-1440 Wauthier-Braine Belgium, if you wish to cancel the purchase without penalty and without giving any reason, within fourteen 14 calendar days from the day following the date of delivery of the items.

If you are a consumer established in the European Union, you have the right to cancel your past with us under section 47 of the Belgian Law of 6 April 2010 on Trade Practices and Consumer Protection Command ( transposing the European Directive on the protection of consumers in respect of distance contracts) (the "Regulations on Distance Selling").

If you wish to cancel your order under the Regulations on Distance Selling, you have 14 calendar days from the day after delivery of the items. In this case, we will proceed to a full refund on your behalf, including any delivery charges paid at the time of your order.

Please follow the procedure below to return the goods under the Regulation on Sales Distance:

(I) Inform us of your decision to cancel the contract within 14 calendar days from the day after delivery of the items, in writing, by e-mail or registered mail to the address below (link to the "Contact Us")

CITY KART SA - Vaprotex

Chaussée de Tubize 210 Bte G1

B-1440 Wauthier-Braine

Belgium

(Ii) You are returning the items following the procedure described under "How to return" on our Delivery & Returns page.

(Iii) You return at your expense if you have already received the items. In all cases, the items must be in their original condition and packaging and undamaged.

If you return your items under the Regulations on Distance Selling, all shipping paid at the time of your order will be refunded.

Please note that the cost of returning the goods to our attention are your responsibility.

Please note that as long as the items remain in your possession, you are required to ensure they are kept secure, safe and in good condition.

We will process your refund usually within 14 days of receiving your returned items, but this period may be 30 days during busy periods.

9. OUR LIABILITY TO YOU

These Terms and Conditions constitute the entire agreement between the parties with respect to the provision of the items. Unless otherwise provided in this section, no other warranty, condition or stipulation as provided for items shall be binding us in relation to the supply, the failure to provide, or delay in delivery of items.

Any warranty, condition or other term arising out of or in connection with the provision of items, which might otherwise be implied or be part of the contract law, common law or the law of force in the country in which you are resident or where you bought the items is hereby expressly excluded to the fullest extent permitted by law. In particular, our liability can not be raised under:

(I) any loss of earnings, loss of income, loss of business, loss of revenue or loss of goodwill, or

(Ii) any loss or damage which was not reasonably foreseeable subsequent to a failure on our part in respect of breach of contract or our legal duty of care. Loss or damage is "reasonably foreseeable" if, at the date of conclusion of the contract between you and us, such a loss could be considered (or ought reasonably to be considered) by one of us, or if we have advised that such a loss could occur in the event of failure on our part under the non-fulfillment of the contract or our legal duty of care.

Notwithstanding the foregoing, these Terms and Conditions shall in no way limit or exclude our liability under

(I) death or physical injury caused by our negligence, or

(Ii) fraud, or

(Iii) any breach of the obligations arising from mandatory national laws in respect of the right to property, or

(Iv) any liability which can not be excluded by law.

These Terms and Conditions shall in no way affect your rights as a consumer under the law, nor your right of withdrawal stipulated in Article 8 above.

10.Use OF YOUR PERSONAL INFORMATION / REGISTRATION  OF CUSTOMER AND NEWSLETTER

When placing your order, you agree and understand that we may store, process and use registered data on the webite for the purpose of processing your order. We will treat your information in accordance with the law.

On the sidelines of shopping at our online store we collect a number of individual personal data (name, postal code, email address and bank account details or, for example, data from credit card). The personal data shall be accurate and truthful. We will use these data as long as their use will be part of the basic motivations, execution and completion of the contract between us, so long, in fact, they will be required to serve the purposes of the agreement , to know how to manage the fulfillment of your order and your payment, but also the delivery of itemss ordered. Finally, we use your email address to inform you about your order status and delivery. If you have explicitly consented that we use your email address, the we will send you our regular newsletter with special offers, promotions and contests. You can unsubscribe the newsletter at any time through a link provided for this purpose at the end of each newsletter.

We will also use the personal data stored for possible future visits or shopping in our online store. The registration of these data in our online store, contractually required,  will enable the system to remeber your data and you will not be forced to enter data for each order. This consent may be revoked at any time with effect for the future. In this case your data will be locked for further use after the full implementation of the contract and will be deleted after the expiration of the filing deadline for the tax and commercial law.

If we have not given explicit consent, we will use your personal data exclusively for the execution and completion of the contract. From the moment the terms of the contract make it necessary, we transfer your data through the reception and delivery of your order at our service

You can find our data protection statement at any time, www.vaprotex.be. Here you can also view the exact consent of using your data for the purposes of sending the newsletter or the implementation and maintenance of a customer account.

11. USE OF SITE

Use of this website is subject to the Terms of Use available at the Legal section.

12. INTELLECTUAL PROPERTY RIGHTS

CITY KART SA and all brands, whether figurative or not, and all other trademarks, illustrations, images and logo will appear on all our products, accessories or packaging, whether registered or not, they are and remain the exclusive property of CITY KART SA and its affiliates. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logo, for whatever reason and in whatever medium of communication whatsoever, without our prior written consent, is strictly prohibited and will result in prosecution.

13. CIRCUMSTANCES BEYOND OUR CONTROL

We will do our utmost to fulfill our obligations under these Conditions of Sale. However, we can not be responsible for any delay or failure to perform if such delay or such failure results from circumstances beyond our control such as, without limitation, acts of God, explosion, flood, fire or accident, war or civil disturbance, strike, industrial dispute or work stoppages; any form of government intervention, an act or omission of a third party, a failure by us / our supplier,  a failure from your part, to provide a correct delivery address or notify us of any change of address, or default on your part.

We will inform you as soon as such an unforeseeable event after its occurrence, and we will perform our obligations as soon as possible. In the event that such an interruption would continue beyond a period of two weeks, you will have the right to cancel the order and a refund will be made in accordance with Article 8 of these Terms of Sale.

14. LAW

These Terms and Conditions are governed by Belgian law, excluding its provisions on conflict of laws. To the extent permitted by applicable law relating to consumer protection, any action or claim related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Brussels.

15. RESALE / REDIRECTION OUR GOODS

We constantly monitor the quality of the items we offer to our customers to ensure consistent customer satisfaction. Our items are distributed only in our own stores and stores of our dealers. You do not have permission to falsely posing as one of our authorized dealers or falsely represent you as qualified to sell our products. We reserve the right to refuse to accept your order if we suspect you intend to sell our products.

16. CONTACT

If you have any questions about these Terms of Sale, our items or your order, please contact us through our "Contact Us" page.

17. GENERAL CONDITIONS

The fact that we do not require and the fact that you do require the application of any provision of these Conditions shall in no way be considered as a renonciation of rights under that clause. Such failure shall in no case affect the right later to enforce such provision.

18. DEFINITIONS

In these Conditions:

"Contract"

means the contract between you and us for the sale and purchase of items, including your Order, our Confirmation of your Order and these Conditions;

"Items"

means the products we sell on our website periodically including, without limitation, clothing jeans, sportswear, bags and accessories;

"Order"

means item order passed under these Conditions;

"Order Confirmation"

means the order confirmation email that we send you and which indicates acceptance of your order when the itemss are shipped and the relevant details of the items you have purchased;

"Conditions of Sale"

means these terms and conditions of sale;

"Site"

means our website located at www.vapitex.com

"You" or "your"

means you, the customer.