General Terms

The general terms and conditions are subject to Belgian law. Unless otherwise provided for in provisions of mandatory law or public order, any dispute regarding the general terms and conditions or the agreements arising from these general terms and conditions will be brought for the courts of Brussels which have exclusive jurisdiction.

This document contains the general conditions, as hereinafter discussed, which govern the contractual relation between each buyer of one or several online bought vouchers and/or Spa Cinq Mondes products (hereinafter the “Products”) (hereinafter the "Consumer") via the websitehttp://www.dolcelahulpegifts.be (hereinafter the "Website") and the company "Dolce La Hulpe" (hereinafter "Dolce"), with main office at 135 Chaussée de Bruxelles, 1310 la Hulpe, Belgium and business number BE 0455 986 409. The Consumer and Dolce together are to be called "the Parties".

Dolce is entitled to modify the general conditions at any time. It therefore remains necessary for the Consumer to review the terms every time he visits the Website. The conditions valid at the time of the order govern the sale made via the Website. By confirming the order, the Consumer is deemed to have taken notice of the general terms and conditions and to have accepted them fully and explicitly. The Consumer declares to have full legal competence to personally commit to the present general terms and conditions.

 

1 OBJECT

The present general conditions determine the rights and obligations of the Parties, considered in the framework of the online sale of vouchers and/or Products.

 

2 INFORMATION CONCERNING THE VOUCHERS

There is only one type of voucher offered by Dolce. This voucher entitles the Consumer to the following Dolce services: one or more nights at the hotel, a meal in the restaurant or a visit to the wellness department. A detailed description of the services offered is to be found on the Website.

The value of the voucher shall be deducted from the total price of the services rendered. However, in case of a higher value of the voucher than the price of the service, the difference in price will not be disbursed.

The voucher is valid for a period of one year. When being exchanged, this must be done at once and in total. Several usages are therefore unacceptable.

It is not possible to use the voucher in combination with other vouchers.

If the Consumer loses the voucher, the number of the voucher can be found in the invoice. This invoice also mentions the telephone number that the Consumer can dial in order to block the voucher while awaiting the sending of a new voucher. The delivery costs attached to the replacement, increased by a fixed amount, will be carried by the Consumer.

 

3 PRICE

The price as indicated on the Website and where applicable on the voucher itself, is calculated in euros and includes all taxes. Delivery costs, however, are not included and will be added to the price, as shown on screen when placing the order. Dolce is entitled to modify the price or to correct possible errors. If this should cause the Consumer disadvantage, he will be informed of this and will be given the right to cancel his order. Dolce cannot be held responsible for possible printing errors in the price or terms and conditions.

 

4 VAT

The sale of the vouchers is exempt from VAT in accordance with section 44, §3, 10° VAT Code, as long as the price of a sale is equal or lower than the nominal value. In this case the indicated prices of the voucher(s) are equal or lower than the nominal value.

The sale of Products is subject to VAT of 21% which is already included in the price as shown on the Website.

 

5 PAYMENT

The methods by which the Consumer is allowed to pay, are by credit cards, maestro and online banking.

If the Consumer does not pay, or payment disputes occur, Dolce will be entitled to withhold the voucher and/or Products. Furthermore, Dolce will also have the right to refuse the delivery if a Customer did not pay the complete or part of the amount on orders placed prior to the current one.

 

6 ELECTRONIC SIGNATURE

The "click" by which the Consumer confirms the order or payment of the voucher, is considered as an electronic signature. Between the Parties, that kind of signature possesses the same legal value as a written signature.

The acceptance by Dolce of all orders placed by the Consumer is subject to the prior acceptance of the payment by the credit card issuer. The acceptance of the order by Dolce itself occurs at the sending of the voucher.

 

7 DELIVERY AND INVOICE

The vouchers ordered online are delivered by registered mail via ‘De Post’ (€8 in Belgium, €11 in the EEA and €13 outside the EEA) to the delivery address indicated by the Consumer while ordering.

The Products ordered online are delivered by mail via ‘De Post’ or by courier service to the delivery address indicated by the Consumer while ordering.

Dolce will execute accepted orders expeditiously and at the latest within 30 calendar days. If delivery is delayed or if delivery cannot or only partially be performed, the Consumer will hereof be informed no later than one month after the order was placed. In that event, the Consumer has the right to cancel the contract without penalty. In addition, Dolce shall not be held liable for any delay in delivery howsoever caused, for example due to the loss of the envelope and/or ordered Products during the delivery process or due to a postal strike.

The invoice is delivered to the invoice address indicated by the Consumer while ordering.

 

8 INDEMNIFICATION FOR DEFECTS

The Consumer must communicate any lack of conformity of the Products ordered to Dolce within two months after its discovery and in writing. In that event, the Consumer must send the Product and/or in case of a voucher the envelope and its entire content to the following address: Dolce la Hulpe Brussels, Brusselsesteenweg 135, 1310 La Hulpe, Belgium. In the absence of such notice to Dolce within two months after the discovery, the Consumer will lose its right to bring a claim against Dolce for lack of conformity.

 

9 CONDITIONS REGARDING CANCELATION

In accordance with the law, every Consumer is entitled to withdraw his online purchase within fourteen calendar days, which start from the day following the day of delivery. The withdrawal will only be valid if the Consumer who wants to withdraw gives notice to Dolce in writing mentioning the ordered Product(s) and/or number of the voucher. In that case, the Consumer will have to send back at his own expenses the voucher and/or the Products to the following address: Dolce la Hulpe Brussels, 135 Chaussée de Bruxelles, 1310 la Hulpe, Belgium. The value of the voucher shall be transferred back onto the bank account of the Consumer.

 

10 ANNULMENT OF ONE OR MORE CLAUSES

The annulment, for any reason, of one or more clauses in these general terms and conditions, will not affect the validity of the other clauses.

 

11 PROTECTION OF PERSONAL INFORMATION

Personal information relating to the Consumer that is given to Dolce, on behalf of this transaction, will be handled by Dolce in accordance with the Belgian Privacy Act of 8 December 1992. As the data controller responsible for the processing of the personal data, Dolce can only use the personal data for the purpose of market questionnaires and customer management and, as the case may be, direct marketing. Passing on the information to third parties is not allowed. The Consumer can exercise his right of access, rectification, as well as his right to object to the processing of his personal data for direct marketing purposes free of charge, by sending a signed and dated written request to Dolce la Hulpe Brussels, 135 Chaussée de Bruxelles, 1310 la Hulpe, Belgium, accompanied by a copy of the identity card. Or by emailing gifts.lahulpe@dolce.com.

While processing an online order, the personal information of the Consumer is indispensable. Therefore, the Consumer commits that this information is sincere and true.

If the Consumer accepts so while ordering, he will receive promotional emails. By clicking a foreseen button on the Website, the Consumer can however decide at any time to refuse such (further) advertisement.

 

12 APPLICABLE LAW AND JURISDICTION

The general terms and conditions are subject to Belgian law. Unless otherwise provided for in provisions of mandatory law or public order, any dispute regarding the general terms and conditions or the agreements arising from these general terms and conditions will be brought for the courts of Brussels which have exclusive jurisdiction.