Terms of sale
Version of March 11th, 2023
Bois les dames 13, Henri-Chapelle, 4841 Belgium
Between the undersigned :
The company RAOUL.E registered at the Crossroads Bank of Enterprises under the number 0744467476, whose registered office is located Bois les dames 13, 4841 Henri-Chapelle, Belgium, represented by Leonie Maingret,
Hereinafter referred to as "RAOUL.E" on the one hand,
The natural person browsing, learning about, reserving, ordering one or more products on the website www.raoul-e.com.
Hereinafter referred to as the "Customer" on the other hand.
Please read carefully these general conditions, they define the conditions and terms of sale that you accept by ordering on the website www.raoul-e.com.
The unconditional acceptance of these conditions will consist in the fact that the Customer checks the box corresponding to the following sentence: "I accept the present conditions and I adhere to them unconditionally".
You acknowledge that these Terms and Conditions are enforceable in the same manner as any other written agreement you may have signed, and supersede any other document. If you do not agree with the terms of these Terms and Conditions of Sale, you are not authorized to order products on the www.raoul-e.com website.
The modifications of the GCS are opposable to the Customer as soon as they are put on line, but cannot apply to the transactions concluded previously.
Article 1. Definitions
The terms used, both in the plural and in the singular in the present General Terms of Sale will have the following meaning:
Customer means any user, natural person of legal age with the capacity to contract, who has the quality of a consumer, i.e. who is not acting in the context of his professional activity and who browses, takes note, reserves, orders and/or purchases a product offered on the Website.
General Sales Conditions or GSC means the present general conditions that the Customer declares to accept.
Personal Data means any data of a personal nature that directly or indirectly identifies the Customer in accordance with the regulations in force.
Product means any product offered on the Internet Site and in particular, without this list being exhaustive, clothing and fashion accessories.
Internet Site designates the infrastructure accessible at www.RAOUL.E.fr developed by RAOUL.E.
Article 2. Ordering of Products
2.1 Selection of Products
In order to place an order via the Internet Site, the Customer must select the Products he/she wishes to purchase by adding them to the shopping cart.
Once the selection of the Products is completed, the Customer must click on the "Shopping Cart" tab in order to validate his/her order. A summary of the order will then be displayed. The Customer will have the possibility to modify the quantities of Products or to delete a Product from the basket.
2.2.Creation of a personal account and provision of information
The registration to the personal account is also done by the handing-over of identifiers of connection (email address and password chosen by the Customer). The Customer recognizes that his identifiers and password are strictly personal and confidential. Consequently, he/she is forbidden to communicate or share them with third parties.
In case of suspicion of fraudulent use of his/her login and password, the Customer must immediately inform RAOUL.E by email at the following address: firstname.lastname@example.org. In all cases, the online provision of the credit card number or other banking information and the validation of the order and its payment will be considered as proof of the completeness of the aforementioned order, in accordance with the provisions of the law n°2000-230 of March 13, 2000 adapting the right of proof to the information technologies and relating to the electronic signature, and will be considered as the payability of the sums engaged by the order.
It is expressly agreed that, except in the case of an obvious error on the part of RAOUL.E, the data kept in RAOUL.E's computer systems, in reasonable conditions of security, have probative force with regard to the orders placed by the Customer. The data on computer or electronic support constitute valid proof and as such, are admissible under the same conditions and with the same probative force as any document that would be established, received or kept in writing.
The Customer guarantees that the data he/she communicates are accurate and in conformity with reality.
The provision of false information that has made it impossible for RAOUL.E to execute its obligations, notably, but not exhaustively, to deliver the order, will not engage its responsibility.
2.3 Finalizing the order
Once the Customer has accessed his/her personal account, he/she must select his/her method of payment and delivery, and then confirm the order by clicking on "Pay my order".
Once the order has been validated and payment has been made, the Customer will receive a confirmation of his/her order by e-mail at the address provided, summarizing the references of the Products ordered as well as the following elements
- The price of the products;
- The quantity to be delivered;
- The date of the order;
- The delivery costs, if any;
- The method of payment chosen by the Customer;
- The mention that the Customer has a right of withdrawal.
The Customer will have to verify, as soon as possible, the content of the order, and immediately inform RAOUL.E of any possible errors.
The Customer is informed that RAOUL.E reserves the right to refuse any order from a Customer for legitimate reasons, and more particularly if the quantities ordered for the same Product are abnormally high for buyers who are consumers.
If exceptionally the Product becomes unavailable after the validation of the order, the Customer will be informed by e-mail as soon as possible of the cancellation of his/her order. He/she will be reimbursed for the amount of the price of the Product that has become unavailable as soon as possible and, at the latest, within 14 (fourteen) days following validation of the order.
Article 3. Price and Payment
The prices of the Products on the Website are expressed in euros including VAT for the website www.raoul-e.com.
For Products delivered in Belgium, they take into account the VAT applicable on the day of the order. These prices do not include shipping costs.
Likewise, if one or more taxes or contributions are created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products.
The Customer chooses the method of payment. The payment can be made either by credit card (mastercard, visa, Bancontact), or by Paypal, or by Apple Pay or Google Pay. The Customer will be redirected to a secure interface corresponding to the chosen payment method.
In case of payment by PAYPAL, the Customer expressly acknowledges having read and accepted the general terms and conditions of Paypal, which is solely responsible for the processing of personal data relating to the means of payment, entered by the Customer.
The Customer guarantees that he/she is fully entitled to use the payment method he/she is using.
The Products sold remain the property of RAOUL.E until full payment of the Product price. Consequently, the Customer commits himself/herself not to transform or incorporate the said Products, nor to resell or pledge them, until the price has been paid in full, under penalty of immediate claim by RAOUL.E.
These conditions do not prevent the transfer to the Customer, upon delivery of the Product, of the risks of loss and deterioration of the goods subject to retention of title, as well as the responsibility for any damage or prejudice that they may cause.
Article 4. Delivery
4.1 Place of delivery
The Products are shipped to the delivery address indicated at the time of the order.
4.2 Mode and time of delivery
The Product can be delivered, at the Customer's choice :
- at home: in case of absence during the delivery, a notice of passage is left to the Customer so that he/she can collect his/her package in the nearest post office.
- In a relay point: In case of non withdrawal of the parcel, the order will be cancelled and the Customer will be refunded within fourteen (14) days;
The possible applicable tariffs are indicated at the time of the choice of mode of delivery. The delivery intervenes within the time specified at the time of the order.
4.3. Delay in delivery
Any delay in delivery beyond the date specified at the time of the order and not due to a case of force majeure, can lead to the resolution of the sale, at the initiative of the Customer, by sending a registered letter with a request for acknowledgement of receipt, if after having enjoined RAOUL.E to carry out the delivery within a reasonable additional time, this one did not carry out.
In accordance with article L216-1 of the French Consumer Code, the contract will be considered to have been terminated upon receipt by RAOUL.E of the letter from the Customer informing it of his or her decision to terminate the contract and only if the delivery has not taken place in the meantime. In case of cancellation, RAOUL.E will reimburse the Customer for the sums paid as soon as possible, and at the latest, within 14 (fourteen) days from the reception of the registered letter with acknowledgement of receipt.
4.4. Receipt of the packages by the Customer
At the time of the delivery of the goods, the Customer is required to verify :
(i) that the number of packages delivered corresponds to the indications on the transport document and the invoice; (ii) that the packaging is intact, not damaged, wet or altered in any way, including the materials used to close the package.
The Customer shall immediately contest any damage to the packaging and/or the Products or an error in the number of packages or the non-conformity of the indications, by placing a written control reservation on the delivery receipt. After signing the delivery note, the Customer will not be able to object to the external aspect of the delivery.
When the Customer orders Products to be delivered outside the European Union, he/she may be subject to import duties and taxes, which are collected when the package arrives at its destination.
Any sale of the Products outside the European Union will not be subject to VAT.
Any additional customs clearance fees will be charged to the Customer, as RAOUL.E has no control over these fees.
Customs policies vary greatly from one country to another, the Customer must contact the local customs service for more information. Moreover, when the Customer places an order on the Website, he is considered as the official importer and must respect all the laws and regulations of the country in which he receives the Products.
Article 5. Withdrawal / Return of the Products
The Customer has a period of 14 (fourteen) days to exercise his right of withdrawal and return the Products he has ordered for any reason whatsoever. This period runs from the day of receipt of the Products at home or at the relay point if necessary, the dated delivery slip being proof.
The withdrawal should be made by e-mail or by mail to the address indicated in the preamble of the General Terms and Conditions of Sale on plain paper.
- send the package to the following address
The Products must be returned in their original packaging, which must have been properly opened, and must be accompanied by the delivery note and/or the order form to certify that the Products were purchased via the Website.
The return of the Product(s) shall be made by the Customer to the address indicated within fourteen (14) days following receipt of the email confirming that the withdrawal has been taken into account.
The costs and risks linked to the return of the Products are at the charge of the Customer. If the Customer wishes and if there is a possibility for RAOUL.E to do so, RAOUL.E will issue a return packing slip to the Customer. The amount paid will be withdrawn from the total amount refunded to the Customer. The risks linked to the return of the Products are still at the charge of the Customer.
In the event that the Customer returns damaged Products, RAOUL.E will be able to ask the Customer to pay an indemnity corresponding to the replacement or repair of the Products in order to bring them back to their original state.
In accordance with article L 221-28 5° of the French Consumer Code, the right of retraction is excluded for Products that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection.
Article 6. Guarantees
6.1 Guarantees against hidden defects
The Products offered by RAOUL.E are subject to the warranty against hidden defects stated in article 1641 of the French Civil Code: "The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have purchased it, or would have paid a lesser price for it, had he known of them.
The action resulting from hidden defects must be brought within two years of the discovery of the defect.
The Customer can decide to implement the guarantee against the hidden defects of the sold thing by choosing between, the resolution of the sale or, a reduction of the selling price in accordance with the provisions of the article 1644 of the Civil code.
6.2 Legal guarantee of conformity
The Products offered are also subject to the legal guarantee of conformity provided for in Articles L 217-4 et seq. of the Consumer Code:
"The seller is required to deliver a good in conformity with the contract and is responsible for defects in conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
The action resulting from the defect of conformity is prescribed within two years as from the delivery of the Product.
In accordance with Article L217-7 of the French Consumer Code, defects in conformity that appear within twenty-four months of the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
Article 7. Personal Data
The execution of the services by RAOUL.E requires the Customer to provide Personal Data.
Article 8. Responsibility
The equipment (computer, software, means of telecommunications, etc.) allowing access to the Website are the exclusive responsibility of the Customer, as well as the telecommunication costs incurred by their use.
The Customer acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole. In case of impossibility of access to the Internet Site, because of technical problems or of any other nature, the Customer will not be able to claim any damage and will not be able to claim any compensation.
RAOUL.E has taken all necessary precautions to ensure that all Products are correctly described. Nevertheless, it is specified that:
- the weights, measures, sizes and capacities indicated on the Internet Site are given as an approximation only;
- although RAOUL.E attempts to present on the Internet Site the actual colors of its Products, the colors that the Customer sees will depend on the computer screen used and the display configurations and RAOUL.E cannot guarantee that the color display by the screen corresponds exactly to the color of the Products that the Customer will receive.
The hypertext links present on the Internet Site may lead to other Internet sites and RAOUL.E cannot be held responsible if the content of these sites contravenes the legislation in force. Similarly, RAOUL.E cannot be held responsible if the visit of one of these sites causes prejudice to the Internet user. It is also reminded that the consultation and/or use of these sites and external sources accessible by these hypertext links are governed by their own conditions of use.
The Customer acknowledges and accepts that the prices of the Products are likely to vary between the Website and the stores, and that in no case this difference in price can be the basis for a request for total or partial reimbursement of the Products purchased either on the Website or in stores.
In any case, RAOUL.E cannot be held responsible in the case where the non-execution of its obligations is due to an unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by the Belgian jurisprudence, or due to the consumer.
Article 9. Force Majeure
The responsibility of one or the other of the parts could not be sought if the execution of the contract is delayed or prevented because of a case of absolute necessity, or of a fortuitous event, because of the other part or of a third party or of external causes such as social conflicts, intervention of the civil or military authorities, natural disasters, fires, damage of water, interruption of the telecommunication network or of the electric network.
Article 10. Intellectual Property
RAOUL.E is the exclusive owner of the intellectual property rights on the Products offered on the Site or in physical stores, on the trademarks, service marks, design marks, drawings and models and copyrights associated to the Products, on the Internet Site and all its elements, in particular on the visual and graphic identity, on its design, on its ergonomics, on its functionalities, on the software, texts, animated or still images, sounds, know-how, drawings, graphics and on the names, acronyms, logos, or other signs that could be used, realized or used by RAOUL.E.
It is forbidden to use the brands, images, drawings and models or any other element on which RAOUL.E would hold intellectual property rights.
Furthermore, the intellectual property rights on the documents contained on the Internet Site and each of the elements created for this Internet Site are the exclusive property of RAOUL.E, which does not grant any license or any other right than that of consulting the Internet Site. The reproduction of any page or content of the said Internet Site is subject to prior written authorization from RAOUL.E, except in the case of private copies.
The reproduction of any document published on the Internet Site is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
It is also forbidden to copy, modify, create a derivative work, reverse engineer or assemble or in any other way attempt to find the source code, sell, assign, sub-license or transfer in any way whatsoever any right pertaining to the software.
It is also forbidden to modify the software or to use modified versions of the software and in particular (without this enumeration being restrictive) in order to obtain unauthorized access to the service and to access the site by another means than by the interface provided to you by RAOUL.E for this purpose.
The Website and any software used in connection with it may contain confidential information protected by applicable intellectual property laws or any other law.
Article 11. Applicable law and jurisdiction
These General Terms and Conditions of Sale are subject to French law to the exclusion of any other applicable international convention including the Vienna Convention on the International Sale of Goods of April 11, 1980.
Any legal action relating to the conclusion, interpretation, performance or termination of this contract shall be subject to the jurisdiction of the Court of the place of residence of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the product in accordance with Articles 42 and 46 of the Code of Civil Procedure.
In the event of a dispute arising from the execution of these General Terms and Conditions of Sale, the Customer may, before taking any legal action, resort to a conventional mediation procedure or to any other alternative dispute resolution method with a view to reaching an amicable settlement.
The mediator appointed by RAOUL.E is Maître Henrotte.
It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal actions.
Article 12. Miscellaneous provisions
12.1 Entirety of the contract
The Parties acknowledge that this contract constitutes the entire agreement between them and replaces any previous offer, provision or agreement, whether written or verbal.
If any of the clauses of these General Terms and Conditions of Sale should be null and void or inapplicable by virtue of a law or regulation or following an enforceable decision of a court or competent authority, the Parties expressly agree that the present contract shall not be affected by the nullity of the aforementioned clause
The failure of either Party to insist at any time on the strict performance by the other Party of any provision or condition of this Agreement shall not be deemed to constitute a final waiver of such provision or condition.