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Legal INFO

Company name: BARAKA-TOP SPRL

“Original Outlet” signboard

capital of 18600 €

VAT: BE0860810662

Headquarters:       52 rue Wayez

1070 Bruxelles

BELGIUM

 

Phone number: 02 7316286

E-Mail: contact@myoriginaloutlet.com

 

General Terms and Conditions of Sale

 

These General Terms and Conditions of Sale (hereinafter GTC) govern the sale of articles and services marketed by Baraka-Top sprl; hereunder Original Outlet. They can be read and retrieved on the website www.myoriginaloutlet.com.

 

The head office of Baraka-Top – Original Outlet – sprl, is located in Belgium at 1070 Brussels – Rue Wayez 52. The company is registered at the Crossroads Bank for Enterprises and is subject to VAT under number BE0860810662.

 

Article 1     –   APPLICABLE LAW – LITIGATIONS

These General Terms and Conditions of Sale, purchase orders and all acts arising therefrom are governed by Belgian law. In the event of a dispute and in the absence of an amicable settlement, it will be submitted to the courts and tribunals of the judicial district of Brussels, in the French language.

 

Article 2    –     SALVATORY CLAUSE

Should one or more articles of these general terms and conditions of sale be invalidated for any reason whatsoever, this circumstance shall not have the effect of rendering this contract invalid as a whole, nor of preventing the enforceability of the other provisions.

In the event that the offending provision affects the very nature of these general terms and conditions, each of the parties shall endeavour to negotiate immediately and in good faith a valid provision of equivalent economic effect or, at the very least, as similar as the effect of the cancelled provision.

 

Article 3      –    INTELLECTUAL PROPERTY

The intellectual property rights on the site and all the elements that it entails (trademarks, models, copyrights, domain names, general terms and conditions of sale, etc.) are covered by the right of exclusive ownership or usage for the benefit of Original Outlet. Any total or partial reproduction of the site, without the explicit agreement of Original Outlet, is prohibited.

 

Article 4     –      CANCELLATION

In accordance with the law, you have a right of cancellation for a period of 14 days from the receipt of your order, a right that you can exercise without having to justify your decision or bear any costs other than those necessary to return your order. To exercise this right, simply complete and return the cancellation form available on www.myoriginaloutlet.com.

 

The customer has a cancellation period of 14 calendar days starting from the day of receipt of his or her package to return the products ordered, for refund or exchange. The item(s) can only be exchanged in the Original Outlet showroom located in Belgium, 1070 Brussels – Rue Wayez 52.

 

The item(s) may be exchanged with other items for purchases made in the showroom or may be refunded within 14 calendar days for any mailed purchases. If the item the customer wishes to have in exchange is of a higher value, they will have to pay the difference between the value of this item and that of the ordered item.

 

The returned items must be complete and in their original condition, including with their packaging and labels. A copy of the delivery note must be attached to the shipments.

 

The sums paid for the order will be refunded within thirty days by bank transfer. The return and, where applicable, re-shipment costs remain the customer’s responsibility.

 

Any item returned incomplete, damaged, broken or tarnished shall not be exchanged or refunded.

 

The withdrawal period expires after 14 days starting from the day you, or a third party other than the carrier and specified by you, acquire physical possession of the goods (or in the case of goods ordered under a single order and delivered separately, possession of the last received good).

 

To exercise the right of cancellation, you must inform Original Outlet, located Rue Wayez 52, in 1070 Brussels, Belgium, by email: contact@myoriginaloutlet.com of your decision to withdraw from this contract in an unequivocal statement (for example, a letter sent by post or email). You can use the enclosed sample withdrawal form, but it is not mandatory.

 

Sample withdrawal form

Fill in this form only if you wish to withdraw from the contract and send it back to us at: Original Outlet, rue Wayez 52, 1070 Brussels, Belgium, email: contact@myoriginaloutlet.com.

 

I/We* hereby inform you that I/We* withdraw from: my/our* contract:

for the sale of the following products*:

 

the provision of the following service*:

ordered on*/received on*:

 

Name of the consumer(s):

Address of the consumer(s):

 

 

Signature of the consumer(s):

only if this form is submitted on paper:

 

Date :

*Delete if necessary.

To comply with the cancellation period, you only need to send your communication concerning your exercise of the right of withdrawal before the expiry of the corresponding period. An acknowledgement of receipt will be sent to you on a durable medium without delay.

 

Article 5     –      EFFECTS OF CANCELLATION

In the event of withdrawal from this contract, all payments received from you will be refunded, including delivery charges (except for additional costs resulting from your choice of a delivery method other than the less expensive standard delivery method provided by us), without undue delay and, in any event, no later than 30 days from the day of the goods’ reception by our services. The refund will be carried out using the same method of payment as the one used for the initial transaction, unless you expressly agree otherwise. We will only refund after receipt of the goods or prior presentation of proof of receipt of the goods by our services.

 

You must return the goods or return them to us or to the carrier of your choice, without undue delay and, in any event, no later than 14 days from the day on which you received the goods. You will have met the deadline when you return the goods to us before the 14-day period.

 

You are only responsible for any decrease in the value of the goods resulting from other than necessary handling or usage to establish the nature, characteristics and operation of the goods.

 

Article 6    –     Exclusion/Expiration of the right of cancellation

Under Art. VI.53., 3° and 5° of the Belgian Code of Economic Law, the right of cancellation is excluded for contracts for the supply of goods which have not been pre-produced and which require an individual choice or decision by the consumer or which are clearly personalised. This right expires early for contracts relating to the supply of sealed products which cannot be returned for health protection or hygiene reasons if the packaging of these products has been opened or damaged after delivery.

 

Article 7      –        Photography rights

All rights on the photos are the property of ORIGINAL OUTLET. Their use without explicit prior approval is not permitted.

 

Article 8      –        ORDER CONDITIONS

Placing an order implies full and complete acceptance of these General Terms and Conditions of Sale, which are accessible at any time on the website www.myoriginaloutlet.com, on request and in particular at the time the order is recorded.

 

These general conditions are considered as accepted if one of the following conditions is met:

 

The order has been placed.

The order has been paid for.

The delivery of the goods has been successfully carried out.

 

In the absence of proof to the contrary, the data recorded by us constitute proof of the transactions and their issue date. These can be modified at any time. The new GTC will be applicable to any subsequent orders and will only be available on request and can be consulted on the website www.myoriginaloutlet.com.

 

Article 9      –   Note on the acceptance of your order

The order is subject to Original Outlet’s right to refuse it. In the event of refusal, Original Outlet will send, upon a written request, a justification for the refusal. An order may not be honoured in the absence of payment for previous purchases. The retention of the items after 7 calendar days concludes the sale and the invoice enclosed with the package is considered as definitively accepted. In the event of a dispute, the courts of Brussels are the only courts competent.

 

Article 10      –     OFFER

The presentation of the products on the online shop does not constitute a legally binding offer, but an online catalogue without legally binding value. When you click on the “Order now (with obligation to purchase)” button, you place an order that binds you to the goods in the order cart. The acknowledgement of receipt of the order is delivered immediately after placing the order and constitutes acceptance of the contract by us. You will then receive an order confirmation by email. This order confirmation contains a summary of the order as well as the terms of payment and transport.

 

Article 11    –    OFFER DETAILS

If an offer is accompanied by a limited period of validity or conditions, this will be explicitly stated in the offer.

 

Our selection is composed of fashion items for men, women and children. The offer includes a complete and precise description of the products and/or services offered. The description is sufficiently detailed so that it is possible for the consumer to make a correct evaluation of the offer. If the retailer uses illustrations, these must be a faithful representation of the products and/or services provided. The retailer is not liable for any obvious errors or mistakes present in the offer.

 

All offers contain information communicated in such a way that the consumer clearly understands what their rights and obligations are once the offer has been accepted.

 

 

Article 12     –      PRODUCTS

The products offered for sale are presented on the site with a generic description of their main characteristics. However, texts, photographs and other product description elements cannot be considered as contractual. Original Outlet is committed to providing the best effort to correct any errors or omissions that may be noted.

 

Non-contractual photos: the items we sell are described and presented on this site with the greatest possible accuracy. If, despite all our precautions, an error occurs, we cannot be held responsible for it. Any operation between Original Outlet and its customers, uncontested within 14 days of the purchase date, may not give rise to a claim.

 

Original Outlet makes its best efforts to display the availability of products in real time and on request, but cannot be held responsible if a product is no longer available to fulfill an order placed by a customer.

 

In the event of unavailability of an ordered product, the customer will be informed personally via the contact details that they themselves have provided. Original Outlet is entitled to apply promotional rates during sales periods.

 

Article 13    –       PRICES

The unit price of items sold in the showroom and on the website are set by Original Outlet and are inclusive of all taxes (as of 21% on January 1, 2019). They are all indicated in Euros and do not include transport fees. All ordered items will be delivered to you within the limits of available stocks.

 

Availability of items: in some cases of unavailability of the item ordered, Original Outlet can offer you a replacement item of equal or higher quality, at an equal or lower price. You can of course return this replacement item for exchange or refund if it does not suit you.

 

Article 14    –     ORDERING

The customer has the possibility of ordering their product/item via:

 

–           (the) Internet

By following the online order process after you have chosen your items, click on “Add to cart”. Once your selection is complete, click on “Place my order”. You will land on the payment page (secure payment SSL and 3D-Secure), follow the instructions to complete your order.

 

–          Telephone

For Belgium:

At 0484714166, we will take note of your order by telephone from Monday to Friday from 9am to 8pm and on Saturday from 9am to 6pm (communication rates according to the current rates).

 

Abroad: At 003248474714166, we will take note of your order by telephone from Monday to Friday from 9am to 8pm and on Saturday from 9am to 6pm (communication rates according to the current rates).

 

–          Smartphone

By connecting to myoriginaloutlet.com via your smartphone, and following the online ordering process after choosing your items click on “Add to cart”. Once your selection is complete, click on “Place my order”. You will land on the payment page (secure payment SSL and 3D-Secure).

 

Article 15     –        PAYMENT

Payment can mainly be made by bank transfer, Bancontact, Paypal or credit card (Mastercard, VISA). No discount is possible in case of prompt payment. We reserve the right to offer only certain specific payment methods for the requested delivery; for example, only methods related to the respective credit rating to cover our credit risk.

 

–          Payment by bank transfer

If you pay by bank transfer, your order will only be processed after receipt of your payment. The account number for your transfer will be included in the order confirmation that you will receive after confirming your order (cart).

*In the context of fraud prevention, Original Outlet uses solutions to limit the risk of non-payment.

 

–      Payment by Bancontact / Mister Cash

Valid only in Belgium.

Indicate the number of your Bancontact / Mister Cash card and its expiry date. You then will be redirected to your bank’s website to finalize your identification to validate your order securely.

 

–          Payment via PayPal

PayPal allows you to pay online without providing your financial information to Original Outlet during the transaction. All you have to do is enter your email address and password.

 

In order to benefit from this payment method, you must have an account with PayPal. In case of PayPal payment, PayPal’s general terms and conditions do apply. You will directly pay via your PayPal account. When you place your order, you will be redirected to PayPal to pay for the order. As soon as our PayPal account is informed of your authorization, the shipment will be processed – depending on the delivery time indicated with the merchandise. Your PayPal account will be debited with the amount actually invoiced, after deducting discounts, vouchers etc., if applicable. For goods manufactured to customer specifications or that are clearly customized, the actual amount invoiced after deducting discounts, coupons, etc. is immediately debited from your PayPal account.

 

–          Payment by credit card

You pay immediately during the ordering process by entering your credit card details. During shipment, the actual amount invoiced will be charged to your credit card, after deduction of discounts and vouchers, etc, if applicable. For goods manufactured to customer specifications or which are clearly personalised, the actual amount invoiced after deducting discounts, vouchers, etc. is immediately charged to your credit card. Whether with a VISA or MasterCard credit card. You need to indicate your credit card number, its cryptogram (the last three digits on the back of your card) and expiry date. Payment for your credit card purchase will be made according to the terms and conditions agreed with your card issuer.

 

Article 16     –    DELIVERY

Delivery time: for

Belgium: the delivery time is 7 working days.

Neighbouring countries: the delivery time can vary from 1 to 3 weeks.

Other countries: delivery time on request and/or upon confirmation of the order.

 

Delivery method :

Depending on the destination: Bpost / GLS / Mondial Relay

 

Shipping costs :

1/ For Belgium: delivery costs are 6.5 € per order and are free of charge for orders over 100 €.

Possibility to pick up your order at the Original Outlet shop in person – 52 rue Wayez in 1070 Brussels every afternoon from 1pm to 6pm, except on Mondays.

 

2/ For other countries: delivery charges are communicated on request to contact@myoriginaloutlet.com and/or upon confirmation of the order. The amount of your contribution to the shipping costs is to be added to the total of your purchases.

 

Article 17     –        RETURNS

You have 14 calendar days to return an item that is not suitable for you. Returns must be complete in their original packaging and above all always provided with the “RTS labels”. If so, these will then be refunded to you. Shipping costs are due if you keep all or part of your order. The delivery note serves as a return note.

 

To return your items:

Fill in the delivery note with the items you are returning by checking the box provided for this purpose, labelled “RTS”.

Insert the delivery note into your package.

Insert the items returned in their original packaging with the labels, unwashed, unworn and still bearing the RTS label into their package.

Send your package to the following address:

ORIGINAL OUTLET

52 WAYEZ ST.

1070 BRUSSELS

 

Promotional items are not exchanged or refunded.

 

As a customer, you are responsible for postage, according to the current postal rates.

 

In accordance with the law, shipping costs are refunded to you if you return your entire order within 14 days of receiving your order. (Right of cancellation)

 

In accordance with the law, you have a right of cancellation for a period of 14 days from the receipt of your order, a right that you can exercise without having to justify your decision or bear any costs other than those necessary to return your order.

 

To exercise this right, simply complete and return the withdrawal form available on myoriginaloutlet.com.

 

Article 18 – LIABILITY

Original Outlet is not responsible for the possible color variation between the item’s screen image and real-life appearance. Any possible difference, of any nature (in particular relating to quality, size, fabrics or colour, etc…) is generally tolerated by commercial usage for this type of merchandise, and may in no case justify the cancellation of an order. Also, no compensation may be claimed. Small usual technical differences in quality, colour, width, weight, manufacture or design cannot lead to the refusal or exchange of the merchandise.

 

In addition, Original Outlet shall not be considered liable or in default for any delay or non-performance due to the occurrence of a case of ‘force majeure’.

 

Are considered as force majeure for Original Outlet:

Fire, flood or any other accident which results in the total or partial destruction of the company’s buildings or stocks, or which makes it impossible for the company to operate; strikes.

 

All kinds of work interruptions caused by disruptions in the arrival of raw materials, energy, transport cessation, computer failure, etc….

 

Any other work interruption beyond the seller’s control.

 

These same facts will be considered as force majeure by way of example, when they take place in any other company on which the execution of the sales agreement depends.

 

Finally, Original Outlet draws attention to the fact that the company cannot be held responsible for an order placed by a minor, whether or not the parents have authorised the order.

 

Article 19     –       Handling of complaints

The retailer has a claims settlement procedure, and processes any claim in accordance with this procedure.

 

Complaints concerning the performance of the contract must be submitted to the retailer within a maximum of 15 calendar days and must be fully and clearly described, as soon as the consumer has noticed the defects.

 

Complaints communicated to the retailer will be answered as soon as possible and at the latest within 30 days from the date of receipt. If a complaint requires a longer than expected processing time, the retailer will send a response within 30 days, acknowledging receipt and giving an indication of when the consumer can expect a more detailed response.

 

If the claim cannot be resolved by mutual agreement, the result is a dispute that is likely to be the subject of dispute resolution.

 

Article 20    –         WARRANTY

The products are covered by the legal guarantee of conformity (Art. VI.45, °12).

 

All our products are covered by a legal warranty with the exception of underwear, swimwear and footwear. The warranties do not apply to normal wear and tear of certain parts, consumables, or in the event of misuse or maintenance, professional or collective use, or damage caused by causes external to the equipment (lightning, flood, storm…). The delivery note serves as a guarantee.

 

In the event of a defect, Original Outlet is committed to repairing the purchase free of charge, or to replace it within the limits of available stocks. This warranty does not cover normal wear and tear, accidental damage or damage caused by the use of a solvent or the abnormal use of the item. As part of the implementation of the guarantee, the customer is invited to contact our Customer Service without delay: contact@myoriginaloutlet.com. After verification, the latter shall inform the customer of the return procedures for their purchased item(s).

 

 

Article 21     –        AFTER-SALES SERVICE

The After-Sales Service is responsible for carrying out repairs in connection with the implementation of the Guarantee. To contact our After-Sales Service, the customer is invited to contact Original Outlet preferably by email at: contact@myoriginaloutlet.com.

 

The item will be forwarded to the workshops for an appropriate decision:

 

In the event of a manufacturing defect noted and validated by the workshop, Original Outlet will repair the item free of charge or replace it with a new item of equivalent value.

For used items, repair will be charged. An estimate will be proposed to the client if the damage observed results from their own fault or that of a third party.

 

The item will not be repaired if it is too used. It will then be returned in the same condition and at the customer’s expense.

 

Article 22   –      Exclusion of liability for third-party links

We include links in our pages that lead to other Internet pages. The following principles apply to all of these links: We expressly declare that we have no influence on the style and content of the linked pages. We therefore expressly dissociate ourselves from all content on all linked third-party pages and do not adopt this content as our own. This declaration applies to all links displayed and to all content on the pages to which these links lead.

 

Article 23    –        Contractual language

–          Storage of the order text

The languages used in the conclusion of the sales contract through this site are: Dutch, English and French. The contract is not archived in our systems and can no longer be viewed upon completion of the order process. However, you can print your order immediately after placing it.

 

 

Article 24    –       General Data Protection Regulation (GDPR)

On 25 May 2018, pursuant to the General Data Protection Regulations – European Regulation No. 2016/679, known as the General Data Protection Regulations of 14 April 2016.

 

 

 

In accordance with this policy, Original Outlet confirms that your personal data will under no circumstances be disclosed to third parties other than those necessary to enable us to provide you with the articles or services for which you request us.

 

You are on our Original Outlet contact list. You are part of this list because either you have registered on your own free will or you have filled in the mandatory fields to place an order.

 

Personal data and cookies: Data confidentiality is a matter of trust and your trust and the protection of your privacy is a key concern for us. That’s why we, the company:

 

BARAKA-TOP SPRL (trade name, “Original Outlet”)

52 rue Wayez

1070 BRUSSELS

(responsible for the handling),

 

we inform you below about the collection of data and the use of data on the myoriginaloutlet.com website as well as on our original outlet application:

 

–          What is personal data?

Personal data is information relating to an identified or identifiable natural person. This information includes your name, telephone number and address. This does not apply to statistical data that we collect when visiting our website, for example, and that cannot be directly associated with yourself.

Registration of personal data when creating an account and/or placing an order

The data collected (among others: name, address, email address, bank details) are necessary for the processing and management of your orders as well as for commercial relations.

 

On our website, you have the possibility to manage your data stored in your customer account (modify, correct, delete) and configure the consents granted. Fields preceded or followed by the symbol * must be filled in. Failure to provide this information will result in the rejection of the order.

 

The data are recorded, as BARAKA-TOP is legally entitled to do so on the basis of the performance of the contract, in accordance with Art. 6(1)(b) of the General Data Protection Regulation (GDPR) known as the “legal basis”).

 

*Personal data: If you no longer wish to receive our documents, simply notify us by letter at 52 rue Wayez in 1070 Brussels.

 

*Protection of privacy: All personal data concerning you are intended for the internal use of Original Outlet by means of data processing. They give rise to the right of access and rectification provided for by the law of 8/12/92 on the protection of privacy with regard to the processing of personal data.

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