Terms of Service

‘Website’ : www.bernadetteantwerp.com

‘BECDG’ : BECDG BV with registered offices at Arthur Goemaerelei 61, 2018 Antwerp, Belgium, and company registration number 0699.868.262

‘Customer’ : internet user who orders on the Website

‘Products’ : all clothing, accessories, gift cards, table ware and home ware under the “BERNADETTE” brand (name) that are on sale on the Website (see also section 7)

‘Party / Parties’ : BECDG and the Customer individually or together

The present General Terms and Conditions of Service (“GTCS”) applies to all users of the Website and to all Products sold on the Website. They prevail over any and all other terms and conditions.

The GTCS govern the rights and obligations of the Parties within the context of the sale of the Products at the Website and within the context of the use of the Website.

The GTCS are concluded between the Parties and the Parties agree that their relations shall be exclusively governed by these GTCS. The GTCS may not be amended / varied without the prior written approval of BECDG in writing.

The GTCS are in English. The Customer can contact customer service at sales@bernadetteantwerp.com to ask any clarification of these GTCS.

Anyone wishing to buy the Products from BECDG on the Website must have the legal capacity or otherwise to purchase the Products through their lawful representatives.
The Customer accepts these GTCS expressly through the ordering process by clicking on a tick or putting a cross against the words “I accept the Terms of Use”.

The Customer can print these GTCS.

The order can under no circumstances be definitive without acceptance of these GTCS, the price and the descriptions of the product(s).
BECDG can refuse every order if there is a serious assumption of abuse, abuse of law or bad faith.

The Products offered for sale on the Website are those that appear on the Website at the moment at which the Customer visits them and which are indicated as being sold by  BECDG under the brand “BERNADETTE”.

Products are offered for sale within the limits of available stocks and only for the purchase of customary amount for private use.

Should one or more Products of an order not be available, BECDG will inform the Customer via e-mail. In such case, the Customer will be promptly reimbursed, in the same means of payment as the Customer used for the original transaction. The promptness of the refund can vary depending on the type of payment chosen by the Customer. In case of a payment by credit card, the refund will appear on the next following monthly statement for that credit card. Should the Customer find the refund is taking an abnormal length of time, she/he shall contact his/her bank.

All Products offered for sale on the Website are described in good faith and conscientiously and as accurately as is possible. The photographs  and videos on the Website accompanying the Products are as accurate as possible, but cannot ensure a perfect depiction of any given Product. BECDG cannot accept any liability for any minor errors or differences which may appear in the descriptions, photographs or videos of the Products, including slight variations in sizing, colors and dimensions.

The applicable prices are the ones shown on the Website at the moment the Customer places the order.
Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs. Prices stated in currencies other than euros are exclusive of tax.

Product and service prices do not include transport costs which will be charged separately, on top of the purchase price, as specified on the Website. Any discount to which the Customer is entitled to, will be deducted from the price separately.

Discounts cannot be applied retroactively. Discounts shall not be refunded.

BECDG reserves the right to modify the selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the order confirmation e-mail, which are the prices that applied at the time of purchase.

The Customer will receive a confirmation of the order, as well as the corresponding invoice, on an electronic and durable medium.
Products will remain BECDG’s property until the respective Customer pays for the Product in full, i.e. until  they pay the purchase price and all costs in full.

In case of manifest error in the indication on the Website of the price of any Product that the Customer has ordered, BECDG will inform the Customer thereof as soon as possible and will give the Customer the possibility to replace an order at the correct price. In any case BECDG will cancel the initial order and refund the Customer for this order.

Gift cards remain valid for 2  years.

Gift cards can be redeemed in part or in its entirety.

If the amount  of the gift card(s) does not cover the total order amount, the Customer has to pay the remainder with a valid debit/credit card. 
If the total order is less than the value of the gift card, the remaining balance will be stored for the Customer’s next purchase, using the same gift card code. 

Without prejudice to the Customer’s right of revocation mentioned under section 9, gift cards as well as the Product purchased through a gift card may not be exchanged for cash or any other payment, not even partially.
The code on the gift card can be used in the online order process on the Website. After reviewing and confirming the order, the Customer shall enter the code stated on the gift card. Value amounts used for purchases are deducted from the gift card balance.

Gift cards by e-mail will be e-mailed to the recipient after processing the order once the payment has been confirmed. BECDG is not liable for the delivery of a gift card by e-mail to a non-existent or wrong e-mail address. It is the sole responsibility of the Customer that the input of the information (such as the e-mail address of the recipient) is correct.

BECDG is not responsible in case a gift card gets stolen, resold, destroyed, lost or used without the Customer’s permission.
Gift cards are non-transferrable, non – refundable and are not redeemable for cash.

VAT will not be charged on gift cards. This will be charged when the gift card is used.

To place an order, the Customer goes to the Product of their choice, chooses the color and size they wish to receive and then clicks on ‘Add to cart’. The said Products will be added to its ‘cart’.

The Customer may freely modify the order as long as the Products are in the ‘cart.’ The price of the Products will be automatically displayed in the ‘cart’.

Once the Customer has finished making its selection and wishes to validate the content of its ‘cart’ and confirm its order, the Customer must identify itself (e-mail address). 

The Customer must also select a delivery and payment method and will have to enter its billing and delivery address.

Before proceeding to payment and placing the order, the Customer must accept both the Privacy Policy and the GTCS, by ticking the checkbox provided.

Then the total amount of the order to be paid, plus the transportation costs, will be clearly stated.

The Customer will be redirected to a trusted payment provider (STRIPE), which will securely process the payment.

Once the payment process is completed, the Customer will see an order confirmation page and will receive, in parallel, a confirmation e-mail sent to the provided e-mail address. All contractual details of the order will be communicated to the Customer in the language the Customer selected and confirmed their order in.

At that point the order can no longer be modified by the Customer. 
They will receive an order confirmation by e-mail.

The Customer will receive a second e-mail from the logistic partner of BECDG when their order is dispatched.

Data registered in BECDG's IT systems, those of its hosting partners or Internet payment partners shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.

The Products will be delivered to the delivery address as stated by the Customer during the ordering process and following the procedures of the local logistic partner.

The delivery times stated on the website and found in the shipping information must be regarded as a commitment of means and cannot be invoked against BECDG.

The Products ordered by the Customer can only be delivered to addresses within the designated territory, indicated on the Website.

For delivery times and details on the selected country, the Customer can consult the shipping information here: https://bernadetteantwerp.com/policies/shipping-policy

Should the Customer nevertheless, in any way, organize a delivery outside of this designated territory, on their own initiative, they do so entirely at their own risk and expense. BECDG can therefore in no way be held responsible for the delivery, return process or refund thereof, nor can it guarantee any customer service.

BECDG reserves the right to split orders into one or more deliveries as Products are available. Each delivery will be notified by e-mail. Deliveries will be accompanied by a delivery note which also gives details of the Products delivered. 

Should a delivery go missing during the delivery process and the provisions of this article are complied with, BECDG will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs.

The risks of loss and/or damage pass to the Customer on delivery.

The Customer has the right to revoke its order without having to give any reasons, within the timeframe of fourteen (14) calendar days after receiving the Products. Such right does not apply to Gift Cards and to Products which have been made to measure for the Customer or adapted to the Customers request.

The Customer will inform BECDG of its decision to revoke by sending a clear, unambiguous declaration by e-mail: sales@bernadetteantwerp.com, including the following information : order number, date of order, shipping address, the products (including name of Product, color and size of each item) and their quantity. 

The Customer shall return the Products to BECDG immediately and in any case, at the latest five  (5) calendar days after having communicated the decision to revoke.
The Customer will return the item by using the return label. See for more information : https://bernadetteantwerp.com/policies/return-and-refund-policy.

The Customer must return the Products in a new and unused condition, with all the original labels on and at his own expense. BECDG will provide a return label for returns. The cost of the return label will be deducted from the refund. If the refund affects an order worth 2.500,00 EUR or above : the Customer agrees that the initial import cost will also be deducted of the refund.
The Customer shall use the provided return label, so that the tracking of the parcel can be ensured. If the provided label is not used, the Customer will bear the responsibility for the Products (including any damage or loss) until it reaches BECDG.

In case the aforementioned conditions are fulfilled and BECDG has received the Products,  BECDG will refund the Customer the full sum of the order, including the purchase price. The transportation costs and any other additional charges arising from the Customer’s will be excluded from the refund. In case of a partial return, the initial transportation costs will not be refunded to the Customer.

The full purchase price will be refunded within fourteen (14) calendar days of BECDG receiving the returned Products in good time, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid by BECDG ever exceed what the Customer actually paid.

For this refund BECDG will use the same means of payment as the Customer used for the original transaction unless expressly agreed otherwise. The Customer will be refunded in accordance with the procedures agreed with the bank which issued the card.

The Customer shall be liable for any loss in value of the Products if such loss in value is due to having used the Products to an extent more than necessary to establish the nature, characteristics, and the functioning of the Products. 

Items and/or orders which under no circumstances can be returned or revoked:
-    Archive pieces
-    Any orders placed in New-Zealand

 In case of abnormal or excessive returns, BECDG reserves the right to refuse any further Order.

Purchases can only be paid for online by Visa, MasterCard, American Express, Bancontact, PayPal, Union Pay depending on the local Sites/selected country. The Customer's bank account will be debited once the Customer proceeds to the payment and payment will not take effect until such time as the Customer's bank has given its consent to BECDG. Should the Customer's bank refuse payment, the agreement will not be concluded between the Customer and BECDG. As soon as the Customer’s financial institution accepts the payment, the agreement is concluded between the Customer and BECDG.

The Customer warrants that they are authorised to make payments by one of the payment methods stated above. It warrants as well that there are sufficient funds in the respective bank account linked to the credit card to cover all the costs arising out of the transaction.

BECDG uses STRIPE to handle payments online. STRIPE  has no access to the Customers’ confidential details, nor does it keeps them.

BECDG reserves the right to refuse to fulfill at any time an order with a Customer with whom it is in dispute or who has brought a dispute in the past, or who has not paid for a previous order, wholly or in part.

In case of faulty or non-conforming goods, the Customer can contact Customer Service via the e-mail address : sales@bernadetteantwerp.com. 

From the moment BECDG receives the defective Product, BECDG will at the Customer's choice either repair the defect or replace the Product with a Product free of defects (so-called : ‘supplementary performance’). Before asserting other warranty claims, BECDG shall be given reasonable opportunity and time to perform such supplementary performance. BECDG can refuse the type of supplementary performance chosen by the Customer if it is only possible with disproportionate costs.

If the supplementary performance fails, the Customer can obtain a reduction of the price according to statutory provisions or a termination of the contract at their choice.

The right to terminate is excluded if the delivered Products deviate only insignificantly from the agreed quality or if the contractual or normal use of the Products is only insignificantly impaired.

Customers must contact Customer Service should they wish to invoke this guarantee immediately and notify BECDG of the non-compliance via Customer Service in writing in any case within fourteen (14) calendar days of discovering the defect.

Under no circumstances does the guarantee apply to Products which are damaged intentionally or by the Customer's negligence, nor does it apply if the damage is due to sleet, transport or incorrect use.

Customers can contact Customer Service if they have any queries regarding the above.

All acts that may negatively affect Customer service are forbidden, including i.e. relabeling the Products, exporting them outside the European Union for commercial purposes.

The sale of Products is for private purposes only and exclusively reserved to private individuals.

In no case may the Website be used by professional Customers, regardless of the method of the marketing of the Products. The Products are offered for sale only for the purchase of usual amounts placed by average customers.

BECDG reserves the right to suspend or even refuse to fulfill an order with a Customer if there is a prima facie indication that the order is placed by a professional Customer. The costs incurred by  BECDG for the verification of compliance of prohibition of export for commercial purposes outside of the European Union will be borne by the Customer in case of infringement.

“Intellectual Property Rights” means the brand and all rights in and to copyrights, trademarks, design, know-how and registered domain names, including, but not limited to the domain name and brand “BERNADETTE” or “BERNADETTE ANTWERP”  or “BERNADETTEANTWERP.COM” or any translation and/or representation thereof or any related words, as well as all texts, databases containing data published on the Website, the layout, look and feel, the graphic designs of the Website, the sales catalogue, photos, images, videos and music on the Website which are subject to protection under copyrights, database rights, trademark rights, patent rights or any other form of intellectual property right.

The Customer is aware of the existence of these Intellectual Property Rights and commits to respect at all times such Intellectual Property Rights.

BECDG is and remains at all times the exclusive owner of such Intellectual property Rights.

The Customer can therefore not copy, publish, imitate, exploit or use BECDG’s Intellectual Property Rights in any other way in any form whatsoever without BECDG's prior written consent. Such consent must be obtained in writing, unless BECDG has granted a right to share certain aspects of the Intellectual Property rights via social networks. In which consent will be  limited to the specific elements of the Intellectual Property Rights identified by BECDG, to ways of use and social networks for which BECDG has made it possible to share them.
Any infringement will be pursued in court. 

BECDG cannot - under any circumstances - be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the Website or of their being unavailable. It cannot be held liable for any damage to the Customer's systems incurred through visiting the Website including being hacked or computer viruses.

BECDG cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, pandemics, accidents or damage inherent in using the network.

In any case where BECDG is or could be held liable, BECDG’s liability is limited to the amount the Customer paid for the order.
If BECDG discovers an error in the price of any Products which the customer has ordered, BECDG will inform the Customer of this as soon as possible and give the Customer the option of confirming the order at the correct price or cancelling it. If  BECDG is unable to contact the Customer the order will be cancelled. If the Customer cancels and has already paid for the Products, the Customer will receive a full refund.

Should any disputes arise between the Parties concerning the purchase of Products under these GTCS, the courts of the judicial district of Antwerp, department Antwerp (Belgium) will have exclusive jurisdiction to hear the case.

These GTCS and any claim or dispute related thereto are exclusively governed by Belgian law.

BECDG may vary the present GTCS at any time, including to comply with its statutory obligations. Changes notified via the Website will apply to all subsequent offers and orders.

BECDG reserves the right to vary the design and content of its Website at any time.

If Customers wish to have their account deleted, they can request so by contacting Customer Service at sales@bernadetteantwerp.com  according to the Privacy Policy.

Customers can also find out more about BECDG's Privacy Policy here: https://bernadetteantwerp.com/policies/privacy-policy 

If one or more article(s) or paragraph(s) of the present GTCS are or become invalid or unenforceable in whole or in part this shall not affect the validity and enforceability of the remaining provisions.