Terms of service

 

General provisions

This website (www.oscar.luxury) (hereinafter the "Website") is operated by the private limited company Lendfers bv (hereinafter "OSCAR Luxury"), trading under the trade name "OSCAR Luxury", registered with the Crossroads Bank for Enterprises under number 0880.438.316, with its registered office at Dumortierlaan 115, 8300 Knokke-Heist and VAT number BE0880.438.316.

The contact details of OSCAR Luxury are: Telephone number: +32 50 607653 E-mail address: info@oscar.luxury

These general terms and conditions of sale (the "Terms of Sale") are agreed between OSCAR Luxury ("the Seller") and any natural person acting for purposes which are outside his or her commercial, industrial, artistic or professional activity and who wishes to make a purchase via the Website (the "Customer") (hereinafter jointly referred to as the "Parties").

Placing an order via the Website implies the prior consultation and full acceptance by the Customer of these Terms of Sale, which are available on the Website. The Parties agree that their relationship is governed by these Terms of Sale.

OSCAR Luxury reserves the right to amend these terms of sale at any time and without prior notice by publishing a new version on the website. The Terms of Sale may under no circumstances be amended by the Customer. The version of the terms of sale that applies is the version available on the website at the time the customer places the order.

If one or more provisions of the Terms of Sale are declared invalid on the basis of a Belgian statutory provision or a court decision, the remaining provisions of the Terms of Sale shall continue to apply.

Orders may be placed in French, Dutch or English.

Once an order has been completed, a summary is sent to the e-mail address provided by the customer so that the customer can keep it. The order is also archived by OSCAR Luxury.

Article 1. The Customer

In order to validly place an order via the Website, the Customer must be at least 18 years old and be entitled to do so or, if the Customer is not yet 18 years old, have the permission of his or her parents to place an order via the Website. The Customer therefore declares that he or she has the necessary capacity to enter into a contract and is not under guardianship. OSCAR Luxury reserves the right to ask the Customer for proof of his or her age or of parental consent and not to fulfil the Customer's order if the Customer fails to provide the requested proof.

When the customer provides OSCAR Luxury via the website with the information required for the delivery and invoicing of the Products displayed on the website, the customer must ensure that this information is correct and complete. If there is an error in the recipient's contact details, OSCAR Luxury cannot be held liable if it proves impossible to deliver the Products ordered [as defined below].

OSCAR Luxury reserves the right to cancel an order (with a refund) if it suspects that the order does not meet the above conditions, without incurring any liability as a result.

Article 2. Products

The products of OSCAR Luxury or any other product offered for sale by OSCAR Luxury (hereinafter the "Products") are the products displayed on the website on the date on which the customer consults the website. OSCAR Luxury ensures that the Products are displayed and described on the Website as accurately as possible.

However, images and descriptions of the Products are indicative only and not contractually binding. OSCAR Luxury is not liable for errors or omissions in the presentation of the Products. OSCAR Luxury will fulfil the customer's orders while stocks last and will do its best to ensure that the products offered for sale on the website are in stock.

Article 3. Orders

The Customer expressly acknowledges that placing an order entails an obligation to pay.

Once payment has been made (see Article 6), the Customer will receive an e-mail from OSCAR Luxury confirming receipt of the order, together with a summary of the order. This message is sent to the e-mail address provided by the customer.

Article 4. Unavailability

If one or more Products ordered by the Customer are temporarily or permanently unavailable, despite the efforts of OSCAR Luxury, or if the delivery period initially stated is exceeded by more than eight (8) days (except in cases of force majeure), OSCAR Luxury will inform the Customer thereof by e-mail.

In that case, the customer has the option of amending or cancelling his or her order by sending an e-mail to info@oscar.luxury within fifteen (15) working days of being informed of the delay attributable to OSCAR Luxury. Where applicable, OSCAR Luxury undertakes to refund the amount already paid by the customer to the customer as soon as possible, and at the latest within fifteen (15) days of the amendment or cancellation of the order. No additional amounts will be paid by OSCAR Luxury to the Customer.

Article 5. Prices

The prices of the Products are displayed on the Website in euros (€) for deliveries in Europe, with the exception of the United Kingdom, and in pounds sterling (£) for deliveries in the United Kingdom, and are inclusive of all taxes. Delivery costs or any import taxes that cannot reasonably be calculated in advance in accordance with Article VI.45, 5° of the Belgian Code of Economic Law are not included in the price.

Shipping costs depend on where the Products are shipped to. These are calculated automatically and explicitly stated in the order summary, before payment by the Customer. The following shipping costs currently apply:

Deliveries to islands are not covered by these delivery costs. These costs are determined on a case-by-case basis.

In the event of withdrawal, the costs of returning the Products shall be borne by the Customer (see Article 10).

In the case of promotions and discounts, these are applied to the Customer's order if the Customer meets the eligibility criteria and enters the promotional code(s) correctly.

OSCAR Luxury reserves the right to change the prices displayed on the website at any time without prior notice. The prices applicable to the customer's order are the prices displayed on the website at the time of the customer's order.

Article 6. Payment

On the website you can pay securely with Visa, Mastercard and Maestro.

No bank details are stored on the server and OSCAR Luxury has no access to the customer's bank details: payments are made via an external platform, Mollie, which guarantees an increased level of security for transactions via the website.

If the Customer wishes to pay with a foreign credit or debit card, the card must be authorised for international transactions. Any commission or charges relating to the payment that are charged to the Customer shall be borne by the Customer. The Customer warrants to OSCAR Luxury that he or she is entitled to use the bank card to make the payment.

The total amount payable for the order is displayed to the Customer on the web page providing an overview of his or her "shopping basket", i.e. all the products forming part of the order. Before proceeding to payment, the Customer therefore has the opportunity to check the details of his or her order and its total price online and to correct any errors he or she may have made when placing the order.

Once the order has been placed by the Customer, the order is validated and final, without prejudice to the right of withdrawal set out in Article 10.

The Customer expressly agrees that the communication of his or her bank details (full name, card number, expiry date and CVC number) constitutes authorisation to debit his or her account with the total amount due for the order.

In principle, the Customer's account is only debited when the order is dispatched to the Customer, in order to avoid the Customer being charged for a Product that is not immediately available.

Article 7. Ownership

OSCAR Luxury retains ownership of the products until it has received full payment of all invoices, including costs and taxes.

Article 8. Delivery

The order is delivered to the delivery address specified by the Customer when placing the order via the Website.

If delivery cannot take place or if the customer refuses delivery, the order will be returned to OSCAR Luxury, and the customer will be refunded within fifteen (15) days of receipt of the order by OSCAR Luxury.

OSCAR Luxury is not liable for the performance of external carriers, without prejudice to any right the Customer may have against them (in accordance with Article VI.44 of the Belgian Code of Economic Law).

Where the direct liability of OSCAR Luxury is at issue, OSCAR Luxury shall be released from liability in whole or in part if it proves that the failure to perform the contract with the Customer is attributable to the Customer or is the result of an unforeseeable and unavoidable act of a third party or of force majeure.

Article 9. Delivery period

Upon receipt of payment for the order, OSCAR Luxury will take the necessary steps to process the order and dispatch the products ordered as quickly as possible.

Delivery times may vary depending on the country of destination selected by the customer and the time at which the order is placed. In general, delivery times – except in exceptional cases – will not exceed (8) days from the day after the order has been paid for by the customer and received by OSCAR Luxury, from Monday to Friday before 12 noon.

Delivery times depend on (1) the processing time by OSCAR Luxury, (2) the carrier's delivery times and (3) customs clearance.

Processing time In most cases and for guidance only, the Products are dispatched by OSCAR Luxury within two working days of the order being placed before midnight (GMT + 1) on the day of the order.

Carrier delivery times OSCAR Luxury ships orders via external transport companies, mainly DPD. For guidance, DPD's delivery times are as follows: Europe: 3 to 8 working days

Customs clearance For deliveries outside the EU, customs clearance is carried out where necessary by external courier services before the products physically arrive.

Article 10. Right of withdrawal

The Customer has a statutory period of fourteen (14) days from the date on which the Customer (or a third party designated by the Customer who is not the carrier) physically receives the Products ordered via the Website in which to withdraw from his or her order, without being obliged to give reasons. Products purchased or ordered directly from distributors, retailers or via websites other than the Website may under no circumstances be returned directly to OSCAR Luxury.

In order to be eligible for a refund of the returned Product, the Customer must, before the expiry of the 14-day withdrawal period and before returning the Products, inform OSCAR Luxury of his or her decision to withdraw from the order by means of a clear cancellation request via the "Order history" page on the Website.

OSCAR Luxury confirms receipt of the return request with an e-mail entitled "Awaiting return parcel", which states that the costs of returning the products are to be borne by the Customer. This e-mail contains a return slip which the Customer must print out and enclose with the return parcel, as well as a return label which the Customer must affix to the outside of the return parcel. The Customer must then take the return parcel to Bpost. The Products must be returned within fourteen (14) days of the Customer communicating his or her decision to cancel the order.

The Products must be returned in their original condition and packaging.

OSCAR Luxury will refund the payments it has received from the Customer, including, where applicable, delivery costs, if the Customer returns the order in full. However, the costs of returning the order to OSCAR Luxury shall be borne by the Customer. Where applicable, these costs will be deducted from the total amount to be refunded by OSCAR Luxury to the Customer.

The returned Products will be refunded by bank transfer to the bank account that was debited to place the order within fourteen (14) days from the date on which OSCAR Luxury was informed of the Customer's decision to withdraw from the order in accordance with the aforementioned provisions. However, OSCAR Luxury may withhold the refund until the Products have actually been returned to the address indicated on the return slip or until the Customer has supplied clear evidence of having dispatched the Products, whichever is the earliest.

If the return parcel has not been received by OSCAR Luxury and in the absence of proof of delivery by BPost, the Products will not be refunded or exchanged and OSCAR Luxury cannot be held liable.

Parcels received by OSCAR Luxury that have not been returned in accordance with the above procedures will not be refunded by OSCAR Luxury.

The customer bears the risk associated with returning products.

Article 11. Delivery errors

If, exceptionally, the customer receives a product from OSCAR Luxury that does not correspond to the order, the customer must contact OSCAR Luxury as soon as possible via info@oscar.luxury and in any event within fourteen (14) days of receipt of the order. In that case, OSCAR Luxury will verify the non-conformity of the delivery and inform the Customer of the return procedure, which, where necessary, will be carried out at the expense of OSCAR Luxury.

IMPORTANT: For returns / changes originating from countries outside the EU, the customer must clearly indicate on the consignment note that the shipment concerns non-commercial goods with no resale value, so that no customs duties are levied on OSCAR Luxury. In the event of a return shipment, OSCAR Luxury will proceed in the same way, so that the customer does not have to pay customs duties twice.

The Customer has no right of withdrawal in respect of Products that were made to the Customer's specifications or that were clearly personalised, in accordance with Article VI.53 of the Belgian Code of Economic Law.

Article 12. Warranty

All Products sold via the Website www.oscar.luxury are subject to the statutory warranty and the warranty against hidden defects as provided for in the Belgian Civil Code.

In order to invoke these warranties, the Customer must be in possession of the invoice issued by OSCAR Luxury. In the event of a defect, the Customer must inform OSCAR Luxury as soon as possible and in any event within fifteen (15) days of discovering the defect.

The statutory warranty does not apply to defects resulting from accidents, negligence, improper use, failure to follow the instructions for use, or in the event of changes or modifications to the Products or any other improper use by the Customer.

Article 13. Privacy and cookies

The customer must provide OSCAR Luxury with personal data, which it collects when an order is placed. In the absence of these data, OSCAR Luxury cannot process the customer's order.

In accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, the customer has the right of access to, rectification of, objection to or erasure of his or her personal data stored by OSCAR Luxury.

Article 14. Evidence

The customer acknowledges that electronic communications and website back-ups made from time to time by OSCAR Luxury may be used as evidence of a transaction between the customer and OSCAR Luxury.

Article 15. Force majeure

OSCAR Luxury is not liable for full or partial non-compliance with the General Terms of Sale in cases of force majeure, such as, but not limited to, problems with customs authorities, strikes, bankruptcy of third parties on which OSCAR Luxury relies, non-delivery or late delivery of goods by external suppliers of OSCAR Luxury, or trade restrictions and new regulations.

Article 16. Applicable law and competent court

These General Terms of Sale are governed by Belgian law, irrespective of the country of delivery, without prejudice to the mandatory rules of consumer law in the Customer's country of residence.

Before initiating legal proceedings, the parties must endeavour to resolve their dispute amicably. If this is not possible, any dispute relating to the interpretation and/or performance of the Terms of Sale shall be submitted to the competent courts in accordance with Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

The parties may also lodge a complaint online with the European Commission's dispute resolution platform via the website https://ec.europa.eu/consumers/odr/.