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General Terms and Conditions of Sale

1. INTRODUCTION

The website www.delvaux.cn (the “Website”) is operated by Delvaux Shanghai Ltd. (帝丽芙(上海)贸易有限公司) (hereinafter "Delvaux", “we”, “us” or “La Maison Delvaux”), a China company with headquarters at Unit 1549, 15/F, Tower 2 Plaza 66, No.1266 West Nanjing Road, Jing’an District, Shanghai 200040, China. La Maison Delvaux may be contacted by email at the following address: clientserviceCN@delvaux.com.

Please read the following terms and conditions (the "Terms and Conditions") carefully before ordering any product on this Website. Any order through this Website will be subject to these Terms and Conditions.

Delvaux reserves the right to amend these Terms and Conditions at all times without notice. We invite you to check the latest version of the Terms and Conditions before placing an order. If you order products after we post changes to these Terms and Conditions, you confirm your acceptance with the new terms.

The products shown on our Website are intended to be sold exclusively to end buyers who are natural persons, acting exclusively for their personal needs and not for resale or in any way directly related to a commercial activity.

By placing an order through this Website you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.

2. PRODUCT OFFERINGS

A. GENERAL - ORDER - AVAILABILITY

All products shown on the Website are subject to availability. Although we seek to publish information on the Website that is, to our best knowledge, correct and up to date, certain products shown on the Website may no longer be available for purchase. No rights can be derived from typing errors or manifest errors (such as products incorrectly priced) on the Website.

We make our best efforts to produce high quality images of our product selection. However, minor differences in colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons.

The product offerings on our Website are non-binding and only constitute an invitation to the customer to place an order. All orders are subject to acceptance by us. Delvaux reserves the right to change the products offered on the Website at any time.

B. PRE-ORDER

You may order, on this Website, products that are not yet manufactured and for which you make a “pre-order”. These pre-ordered products are also subject to availability and Delvaux gives no warranty about their production or manufacturing.

3. ORDER AND ACCEPTANCE

A. ORDER PROCESS

Once you have chosen a product you wish to order, click on the “Order now” or “Pre-order now” button. The selected product will be placed in your “Shopping Bag”. You can monitor at any time the products you have selected by clicking on the "Shopping Bag" button, and remove or add any product.

When you have completed your selection and wish to confirm the contents of your "Shopping Bag”, proceed to “Checkout” and follow instructions. You will be asked to enter your name, address of residence, e-mail address and telephone number, and delivery address. We may ask you for other information to facilitate the sale or delivery.

B. PAYMENT PROCESS

Once this information has been duly entered and confirmed, the price of the products and any eventual charges shall automatically be displayed. Please verify the accuracy of this selection before confirming the order. If you agree with the selection and the price, please click on the “Continue to payment” button. You will then be required to enter your payment details. By clicking on the "Continue to payment" button, you place a binding order for the products in your Shopping Bag.

All orders must be paid at the time of ordering. We accept the following payment methods: Alipay, UnionPay (Debit Cards and Credit Cards), and Wechatpay. Please note that Alipay option cannot be supported on Baidu H5 browser and QQ H5 browser.

C. ORDER CONFIRMATION

The order is successfully completed if it has been confirmed by Delvaux with a confirmation e-mail. This confirmation e-mail does not yet constitute the acceptance of the customer's order by Delvaux. All orders are subject to availability and acceptance. We reserve the right not to accept an order. Such non-acceptance may result, for example, from the fact that (i) products are shown on the Website but are no longer available; (ii) products shown on the Website contain a manifest price error; (iii) we are unable to obtain authorisation for your payment; (iv) shipping restrictions apply to a product. We will inform you about the inability to supply the products without undue delay and will reimburse you immediately for any sums which have already been paid for the unavailable products.

The purchase contract is deemed to have been concluded when you receive a confirmation email from Delvaux that the products have been shipped to you. The title of property and the risk of loss and damage shall pass to the customer at the time of delivery.

4. PRICE

The products are sold at the price in effect at the time of the order, as indicated on our Website. The prices are shown in Renminbi and inclusive of the delivery costs that are offered by Delvaux. Orders are payable in Renminbi, irrespective of the delivery address or the customer's residence. Delvaux will manage to pay any customs duties or any other similar local charges or taxes. Any such custom duties, similar taxes or charges will be paid by Delvaux and Delvaux will also manage to make any necessary declarations to the competent authorities of the country of delivery.

Delvaux reserves the right to adapt its prices at any time, but the changes shall not apply to any orders for which you have received a confirmation e-mail, unless there is a manifest price error. In this case, we will inform you of the price problem as soon as possible. You may cancel your order when we inform you of the error.

5. DELIVERY, RETURNS AND REIMBURSEMENTS

A. COVID 19 CRISIS

To help slow the spread of the COVID-19 and protect the safety and wellbeing of our team members and clients, we have temporarily closed [some of] our atelier and our boutiques. You may continue shopping on our Website. However, please note that the delivery delays may be extended, due to this exceptional situation.

B. DELIVERY SCHEDULES

We aim to deliver your order, except pre-order items, within a delay of 3 to 5 working days after your order. If, for any reason whatsoever, the products are not delivered within 30 days of the order confirmation email, you are entitled to cancel the contract and be refunded for any amounts paid to us. This does not apply for pre-order products.

Delivery times vary depending on the type of product you order, the availability of the product, your delivery address and the delivery method you choose. Delivery dates are indicative and shall not be regarded as strict deadlines. When you order a product in "pre-order" the delivery time will be extended or at least be different from a product already in stock. Delvaux may therefore provide for a different delivery timeframe depending on whether certain products have been pre-ordered and whether certain products are in stock at the time of the pre-order.

C. COUNTRIES OF DELIVERY

We will deliver the products to the delivery address that you indicated when placing the order. We only deliver to addresses within the following countries and regions: China. Orders cannot be placed for delivery addresses situated outside these territories. Unless agreed otherwise, the suitable mode of delivery and the carrier is determined by Delvaux.

D. DELIVERY PROCESSES

At the end of the ordering process, we will provide you with the various shipment methods available for the purchased product and the chosen delivery address.

Delvaux is entitled to make partial deliveries of products subject to a single sales agreement. Additional delivery costs will be borne by the Delvaux.

E. RETURN PROCESS

1. RETURN NOTIFICATION

You have the right to withdraw from this contract within seven (7) days upon your receipt of the product(s) without giving any reason.

The seven-day period commences on the day following the date when you or someone else on your behalf sign on the receipt of the product(s). If several products are ordered in a single order and delivered separately, the period of seven (7) days is calculated from the day following the date when you or someone else on your behalf sign on the receipt of the last product.

To exercise the right of withdrawal, you must inform us of your decision to return the product(s) by an unequivocal statement (e.g. a letter sent by courier or e-mail) to the following address:

DELVAUX SHANGHAI LTD. (帝丽芙(上海)贸易有限公司)

Client Service

Unit 1549, 15/F, Tower 2 Plaza 66,

No.1266 West Nanjing Road, Jing’an District,

Shanghai 200040, China

E-mail: clientserviceCN@delvaux.com

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. The return is successfully completed if it has been confirmed by Delvaux with a confirmation e-mail.

The right of withdrawal and the possibility to return the products does not apply to the supply of products made to our client’s specifications or clearly personalised.

Delvaux will only accept a return and process a reimbursement under the condition that the product is in Brand new condition, has not been damaged and the security Tag has not been damaged or removed. Without Security Tag and without the confirmation by our Quality team that the product is pristine and undamaged we will not consider any Return.

2. RETURN COSTS AND RETURN LABEL

La Maison Delvaux will pay the return costs. You will be able to return the products by using the courier service as advised by Delvaux and by following the communicated return process. For any query or issue you can contact our client service at the following address: clientserviceCN@delvaux.com.

3. LIABILITY REGARDING THE PRODUCTS CONDITION

The products must be returned in the same condition as they were delivered. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature and characteristics of the products. You must ensure that the products are intact, that they have not been used, worn or damaged in any manner whatsoever. We reserve the right to refuse the return of products which have been damaged or deteriorated or which are in a condition that clearly shows that they have been used for purposes other than the controls which are strictly necessary for the evaluation of the nature and characteristics of the products.

4. REIMBURSEMENT OF RETURNED PRODUCTS

If you return your products we will process the reimbursement to you of all payments received from you, (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and according to law, after we receive the products in return. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

6. INSPECTION AND DEFECTS

A. DEFAULTS NOTIFICATIONS

You must inspect the products at the time of delivery and notify any lack of conformity or defects in writing without undue delay. This notice shall be deemed to have been made without undue delay if it is sent within five working days after delivery or, if the defect was not apparent during a normal inspection, no later than within three working days after the defect has been detected. If you fail to provide such notification, the products shall be deemed to be approved by you.

B. REPLACEMENT OF DEFECTED PRODUCTS

In the event of a non-conformity or defect in the product, you are entitled to request the repair of the defect or the replacement by another defect-free product. We are entitled to refuse the repair or replacement requested by the customer if such repair or replacement would result in unreasonable costs. If the product cannot be repaired or replaced within a reasonable period, you are entitled to cancel the sales agreement in accordance with applicable law.

This warranty does not affect your legal right as a consumer pursuant to the Law of the People's Republic of China on the Protection of Consumer Rights and Interests or any mandatory statutory right that you may have based on local national law.

7. INTELLECTUAL PROPERTY

Delvaux is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) related to the Website and the products. Your use of the Website does not grant you any right, title, interest, or license to any such Intellectual Property rights. Except as provided in these Terms and Conditions, any use or reproduction of the Intellectual Property is prohibited. You may not, in particular copy or reproduce the Website and/or any part thereof, including the photos of the products.

8. LIMITATION OF LIABILITY

To the extent permitted by applicable law, either party’s liability is limited to losses which are typical of this type of contract and which were foreseeable at the time the sales contract was concluded. These Terms and Conditions do not purport to exclude or limit either party’s responsibility for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by the responsible party’s failure to use reasonable care and skill; or for gross negligence or wilful misconduct.

9. FORCE MAJEURE

Neither Delvaux, nor the customer shall be held liable to the other party for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is due to an event beyond the reasonable control of such party including, but not limited to, the following events: strikes or labor disputes, embargo, epidemic, disease, natural disasters, governmental provisions, wars, fires, floods, explosions or popular movements. For avoidance of doubt, nothing in this article 9 authorises the customer not to fulfil its payment obligations. The existence of a force majeure event shall justify the suspension of the obligations of the party affected by force majeure. If such period of delay exceeds sixty (60) calendar days from the date of commencement of the force majeure event, then either party may terminate the applicable order immediately upon written notice to the other party.

10. PROTECTION OF PERSONAL DATA

Our Privacy Policy (https://www.delvaux.cn/en/privacy-policy) sets out the terms on which Delvaux processes any personal data we collect from you, or that you otherwise provide or have provided to us (e.g. when purchasing a product) in accordance with the Cybersecurity Law of the People’s Republic of China and other applicable local legislation.

You may exercise your rights (e.g. the right of access, rectification, deletion, opposition, etc.) by mail: Delvaux Design Coordination et Finance S.A., attention of the head of the legal department, 7, Boulevard Louis Schmidt, 1040 Brussels, Belgium; or by email to dataprivacy@delvaux.com.

You are not authorized to provide us with access to personal data relating to health or sensitive personal data that impose specific security obligations for the processing of said data. You are invited to regularly consult our Privacy Policy (https://www.delvaux.cn/en/privacy-policy) to be aware of all the provisions relating to the collection and processing of your personal data. Our Privacy Policy is also available by clicking on the “Legal & Privacy” link on our Website.

11. SEVERABILITY

Whenever possible, the provisions of these Terms and Conditions shall be interpreted in such a manner as to be valid and enforceable under the applicable law. If a provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, that prohibition or unenforceability shall not invalidate the remaining provisions thereof which will remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

12. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be governed and construed in accordance with the laws of the People’s Republic of China. Any dispute arising from, or related to, the use of the Website, the purchase of products and/or these Terms and Conditions will be submitted to China International Economic and Trade Arbitration Commission (“CIETAC”) in Shanghai for arbitration in accordance with CIETAC’s arbitration rules then in force. There will be one (1) sole arbitrator. The arbitration will be conducted in both Chinese and English languages. The arbitration award will be final and binding on both parties. The losing party shall assume the arbitration costs of the prevailing party, including all reasonable attorney fees.