We, VR MAASMECHELEN TOURIST OUTLETS COMM. VA, whose registered office is situated at Zetellaan 100, 3630 Maasmechelen, Belgium, registered at the Belgian Crossroads Bank of Enterprises (Kruispuntbank der ondernemingen) under the number 0465 707 490,; hereinafter called “we, us” or “VRMTO” are delighted to help you find your perfect outfit from the Brands present at Maasmechelen village via our Personal Shopping service (“Service”). To book the Service, you need to
(i) be or become a member of our Blackbook and
(ii) accept our terms and conditions of the Service by ticking the appropriate box upon bookin the Service.
Once done you will be emailed by us a copy of the below terms and conditions with respect to the Personal Shopping service afterwards (hereinafter referred to as “T&Cs”).
The Service is twofolds:
- fashion advice by a professional Personal Shopper acting on ou behalf. This service is offered to you by us, free of charge, with the sole obligation to pay 150 EUR wich is redeemable upon completion of the Personal Shopper's fashion advice in a Maasmechelen Village gift voucher [the ‘Fashion Advice (Service)]; and
- Intermediation for the purchase of products directly from the Brands by the Personal Shopper acting on your behalf (the “Intermediation”).
All the brands at Maasmechelen Village are entirely independent businesses to The Bicester Village Shopping Collection® and so the Personal Shopper acts as an intermediator for your purchase of the products you have chosen directly from the brands.
In order to enable the Personal Shopper to make the requested purchases and shipment on your behalf you will be required to purchase a Maasmechelen Village Gift Card which then will be used by us/the Personal Shopper to carry out the purchases of the products at the brands as well as the shipment thereof on your behalf. If not agreed otherwise in connection with your use of the Service in the Village, the Personal Shopper will send you an email once you have decided which Products to purchase (i) acknowledging the exact details of your requested purchase, (ii) providing you with a secure payment link (SaferPay) for the purchase of the gift card or a direct payment link from the Brands from whom you are buying Products (iii) the value of your requested purchase (including the estimated transportation costs) and (iv) the total amount to be debited from your account of the Maasmechelen Village Gift Card for the requested purchase at the respective Brands.
Once you have completed the payment directly to the brands or once you have completed the purchase of the Maasmechelen Village Gift Card the Personal Shopper will make the purchases on your behalf if needed, using the relevant Gift Card. In due course after that we will share the details of delivery with you.
Should you want to return any of the items and such return is accepted by the brand, this can be done via the Personal Shopper team or directly by yourself with the brands. On delivery of the goods we will provide to you the Gift Card that was used to purchase the goods on your behalf. If at this time the brand is unable to offer a direct refund into you bank account the refunds will be made to the original payment method, with the money possibly returned to the Gift Card for you to use at Maasmechelen Village in the future.
Terms & Conditions for the Maasmechelen Village Personal Shopping Service (“TnC”)
- Introduction 1.1. Value Retail and the Personal Shopper are delighted to offer a Personal Shopper service, as described in these TnCs (the “Service”) to its Blackbook members. 1.2. These TnCs apply to the Service irrespective whether you are a consumer, entrepreneur or a registered merchant and set out the terms on which we provide it. It is a precondition of receiving the Service that you accept these TnCs in full. 1.3. In Maasmechelen Village (“Village”) we provide this Service via our cooperation with the Personal Shoppers, who are independent entities with whom we have concluded a cooperation agreement for the Fashion Service. They also intermediate between you and the Brands for any possible purchase of products. Value Retail does not intervene in this Intermediation. Regarding the Service, you will thus be contracting with Value Retail or the Personal Shopper accordingly. The Village is part of The Bicester Village Shopping Collection. If you receive a similar service from other villages in The Bicester Village Shopping Collection other legal entities will provide it and the identity of those entities will be provided to you at the time. If you request that the Personal Shopper obtains Products as defined in 1.7.6 below from Brands in other villages, and if we consent to do so, then we may use a Value Retail entity related to that village as our sub-agent to carry out the Service, and may share with them all information (and personal data) necessary to carry out the activities. In such case, it is therefore possible that a Personal Shopper from this other Value Retail company will be entrusted with handling your purchases and the associated communication with you. Your legal rights may differ in other villages, so please discuss this with us at the time. 1.4. In these terms “you” means the person receiving the Services and who has concluded an agreement about the Service with us and/or the Personal Shopper. 1.5. The Service will be provided in Maasmechelen Village (paragraph 3), or as an online variant of the Service where we and the Personal Shopper engage with you online or by other means away from the Village (paragraph 4). 1.6. Other terms used as defined terms are as follows: 1.6.1. “TnC” means these terms and conditions for the Maasmechelen Village Personal Shopping Service as effective for you at a time. 1.6.2. “Blackbook” is a customer data base which we compile, control and manage and to which we offer different services from time to time. 1.6.3. “Blackbook Member” is someone who is registered in our Blackbook as member; 1.6.4. “Brands” retail shops in the Village. 1.6.5. “Personal Shopper” is defined in 3.1. 1.6.6. “Products” items available for purchase from Brands. 1.6.7. “Virtual Services” see paragraph 4.1. 1.6.8. “Gift Card” is a Gift Card for Village exclusively issued by EML Money DAC to which the terms and conditions as accepted by you upon purchasing the Gift Card apply.
- Conclusion of the Agreement about the Service 2.1. Neither the presentation nor the marketing of the Service constitutes a binding offer to conclude an agreement about provision of the Service, but merely an invitation to you to book the Service. 2.2. If you use the online booking form to submit your offer, you must provide all requested information and accept the TnC before you can submit the form. Before submitting the form, you also have the opportunity to correct any input errors made when filling out the form. With booking via the online booking form you issue a binding offer to us to conclude an agreement about the provision of the Service in accordance with these TnC (“Offer”). 2.3. You are bound to the Offer for a term of two (2) weeks as of the issuance of the Offer. Relevant is either the date we have received the online booking form (paragraph 2.2) or the date we have received your Offer (paragraph 2.3). Your right to withdraw from the agreement about the Service according to paragraph 10 remains unaffected. 2.4. We will confirm the reception of your Offer in textform, without undue delay. Such confirmation does not constitute a binding acceptance of your Offer, unless we explicitly declare the acceptance next to the confirmation of the reception of the Offer. 2.5. An agreement about the Service shall only be concluded once we declare explicitly the acceptance of your Offer. No later than with our declaration of acceptance, we will send you the conditions under which the agreement between you and us was concluded, including these TnCs, in textform. You can also retrieve the T&C at a later date from [https://www.tbvsc.com/maasmechelen-village/en/legal/personal-shopping-terms-and-conditions/]. 2.6. In case the provision of the Service should be impossible, either because no Personal Shopper is available during the time requested by you or the Village cannot be operated in total or partly due to a Force Majeure situation( including a pandemic situation or other sanitary or other government measure), we will refrain from declaring the acceptance of your Offer. In this case no agreement is concluded. In this case wee will inform you without undue delay. 2.7. All agreements concluded between you and us in connection with the agreement about the Service as well as the agreement on the purchase of the Gift Card are laid down in these TnCs as well as the individual agreements made with the Personal Shopper or the Brands in connection with the conclusion of the agreement (clause also for the benefit of a third party, being the Brands involved). 2.8. Only the TnCs effective at the date of the conclusion of the agreement about the Service, which we provided to you beforehand, apply. 2.9. We do not accept any general trade terms of you. This also applies if we do not explicitly object the inclusion of those.
- Description – Personal Shopping Service in the Village 3.1. The Fashion Advice Service will be provided by the Personal Shoppers engaged by us (“Personal Shoppers”). The Personal Shoppers will use their discretion about how to provide you with a tailored and pleasant retail experience and to showcase products that they think may be of interest for you. This happens typically by providing hospitality and access to our VIP Lounge, arranging for Product presentations to you in our Village or virtual Product presentations from our VIP Lounge, guided tours through the Village, priority queuing or other benefits that we think are suitable given your needs, Product and Personal Shopper availability. 3.2. Each Brand in the Village is an independent company from us, so if you select any items to purchase, your purchase will be direct with the individual Brands involved even if bought with a Gift Card you buy from us.
- Description – Personal Shopping Service remotely 4.1. Upon your request we the Personal Shoppers may provide the Service remotely. The Personal Shoppers’ advice regarding the shopping as well as the presentation of the selected Products may be via distance communication – telephone, videocall, email or instant messaging or other remote method or any combination of those. 4.2. The Personal Shoppers will use their discretion about how to provide you with a tailored and pleasant retail experience and to showcase products that we think may be of interest for you. The Personal Shoppers want your remote shopping experience in the Village to be pleasurable and to assist you to buy Products that are right for you.
5.1. With the conclusion of the agreement about the Service, you appoint the Personal Shopper as your non-exclusive broker and authorize your Personal Shopper:
5.1.1. to enter into contracts to purchase Products selected by you on your behalf and in your name and on your account; 5.1.2. to use your Gift Card to make the requested purchases from Brands on your behalf and in your name and on your account; 5.1.3. act on your behalf to obtain returns, refunds and credit notes in relation to purchases we were involved in, where you request it; 5.1.4. to enter into terms and conditions with courier or transport companies in your name and on your behalf to deliver your purchases and deal with returns; 5.1.5. to use in the purchase or refund the Gift Card and to hold, use in the Village and post to you such Gift Card; and 5.1.6. to act in your name for any purpose reasonably necessary to carry out your instructions in relation to or connection with the foregoing. 5.2. You authorise the Personal Shoppers to disclose your identity to the Brands for the Intermediation as set out in this paragraph 5. Generally we will not need to identify you to the Brand, but will need to describe details about you, for example, physical sizing information or the intended purpose of an outfit. However, in relation to dispatch of Products, refunds, disputes, audit investigations or other specific situations it may be necessarily to disclose your name and address. If you wish to pay on your debit or credit card, it may be necessary for the Brand’s staff to speak to you directly. 5.3. The appointment and authorization in this paragraph continues until ended, as set out in paragraphs 9 and 10. 5.4. The Personal Shopper will act with reasonable skill and care, but give no guarantee with respect to particular capacities of the services. 5.5. We will endeavour to respond to all requests and instructions of yours within two (2) working days. 5.6. The Personal Shoppers act for, and shall be entitled to act for, multiple Blackbook Members and on rare occasions it may be that their instructions conflict, for example where Brand Product is limited and more than one Blackbook Member wants to purchase it. In those rare cases we will instruct the Personal Shoppers to act fairly between our clients but we may make commercial decisions about which Blackbook Member to prioritise regarding such particular Product.
- Samples, Examples and Availability
6.1. When providing the Service to you the Personal Shopper may offer to assemble a personal selection of Products for you to view or select from, depending on the interests or brief you have given the Personal Shopper.
6.2. When you use the Service remotely the Personal Shopper will endeavour to provide images and/or video footage of Products. These may be professional stock imagery or images taken by us or the Personal Shopper of Products from the Brand– in some cases even live on a video call with you. The quality of these images may vary and if you have any concerns that the quality of the image affects your ability to select the correct product for you, you must tell us as soon as possible. All images remain our or property and you obtain no rights on these images. 6.3. In many cases our Personal Shoppers will be able to keep in consignment specific stock of Products from Brands and seek out Products in your preferred style and size. However, the nature of the Brands at The Bicester Village Shopping Collection means that stock of Products may be limited in some sizes or styles, and even where we have tried to reserve sizes for you Brands may sell the Product before the Personal Shoppre is able to carry out your instructions to purchase. Advertising product to you, or suggesting product to you is not a warranty or binding commitment to sell a specific Product or that you will be able to buy it via the Intermediation on your behalf and availability can only be confirmed at point of purchase. Following purchase the Product sent will be materially the same as the Product image shown. 6.4. Protective public health measures or sanitary or other government measure may make it impossible or more difficult for the Personal Shopper to borrow Products, attend Brand stores on your behalf in a timely fashion or at all or subject to other restrictions. Where such restrictions are keeping the Personal Shopper from providing the Service entirely or within the agreed time frame, we or the Personal Shopper will let you know. We nor the Personal Shopper are responsible for delays in issuing or purchaseing Products.
- Charges, Payments and Payment Terms 7.1. The Fashion Service is provided free of charge; with the sole obligation to pay 150 EUR wich is redeemable upon completion of the Personal Shopper's fashion advice in a Maasmechelen Village Gift Card. In case you cancel the services less then 48 hours before the schedule time, the 150 EUR will be kept as a cancellation fee, as compensation for our costs towards the Personal Shopper. 7.2. The Intermediation is also offered free of charge. The Personal Shopper is not awarded any commission on your purchases. We can only charge you the actual delivery costs which we will incur for the delivery of the Products as instructed by you. As a rule, we send the Products purchased in your name in one package to you. If we have to send the Products from one purchase procedure in more than one package, increased transport costs may apply. However, the exact amount of the transport costs you will have to pay depends on your wishes regarding the type of shipping, the Products you choose and the type of packaging. Your Personal Shopper will coordinate these wishes with you before purchasing the desired Products and will inform you of the expected range of transportation costs. Your Personal Shopper will inform you about the exact transport costs immediately after shipping. We may choose to waive some or all of the Charges but we have no obligation to do so. 7.3. In case you are using the Intermediation at Maasmechelen Village (paragraph 3) you can either pay the brand via a Gift Card or via any accepted payment method of the brand to pay the purchase price of the products selected and purchased by you via the Intermediation. You may thus use a Gift Card bought from us, which you or your Personal Shopper may then use to purchase the selected Product(s). 7.4. In case you are using our Service remotely (paragraph 4)products are paid via the Personal Shopper using your Gift Card, purchased from us or via a direct payment link of the brand organized by the Brands.
- Gift Cards and Gift Card Transactions Your purchase of a Gift Card is subject to the terms and conditions of the Gift Card as laid down here: https://vrdigitalprodcmsmedia.blob.core.windows.net/prd02-cos/2684/bel-master-pvl-eml-2017-08-14_en.pdf.
- Right of withdrawal
9.1. In relation to your contract with us and the Personal Shopper for the provision of the Fashion Advice Service, you have a statutory right of withdrawal. The following applies in this respect:
Information on your withdrawal right
Right of withdrawal
You have the right to withdraw from the agreement for the Service within fourteen (14) calendar days without giving reasons. The withdrawal period is fourteen (14) calendar days from the date of conclusion of the agreement.
In order to exercise your withdrawal right, you must notify us, VR MAASMECHELEN TOURIST OUTLETS COMM. VA, whose registered office is situated at Zetellaan 100, 3630 Maasmechelen, Belgium, registered at the Belgian Crossroads Bank of Enterprises (Kruispuntbank der ondernemingen) under the number 0465 707 490, by post or email: MMReception@valueretail.com by means of a clear statement (e.g. a letter sent by mail, fax or email) about your decision to withdraw from the agreement about the Service. You may use the attached sample withdrawal form, which is not mandatory.
In order to meet the withdrawal period, it is sufficient to send the notification that you exercise your right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from the agreement about the Service, we shall refund to you all payments we have received from you, including delivery charges (other than any additional charges resulting from you choosing a delivery method other than the cheapest standard delivery offered by us), immediately and no later than fourteen (14) calendar days from the date we receive notice of your withdrawal from the agreement about the Service. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this refund.
Sample withdrawal form
If you withdraw from the agreement about the services using this sample form, please fill it out and return it to us.
To VR MAASMECHELEN TOURIST OUTLETS COMM. VA Zetellaan 100, 3630 Maasmechelen email: MMReception@valueretail.com
I/we hereby withdraw from the agreement concluded by me/us for the provision of the Personal Shopper Service, concluded on [please insert date].()
[Your name] [Your address]
[Your signature, only if you send us a message on paper] [Date]
() Please delete as appropriate.
9.2. Not covered by the foregoing are Gift Cards that you purchased from us as part of a Gift Card Transaction. Reference is made to paragraph 8.
- Refunds and Returns of Brand Products
10.1. A purchase made as part of the Intermediation Service is not a mail-order or internet shopping experience. For Products from Brands, the Personal Shopper is not selling you the Products at a distance – but intermediates the sale in your name and for your account (see paragraph 5).
10.2. Because you are not buying the Products from us or the Personal Shopper, but you have a contract directly with the Brand, your rights of return and refund are against the Brand, and not us.
10.3. Each Brand is a separate company with their own refund policies. We cannot guarantee that any particular Brand will accept Products back for refund in any particular case, although you have statutory rights as a consumer and these remain unaffected. 10.4. The Personal Shopper also provide you with information about the refund and return policies of the Brands at the time of sale, on request. 10.5. Where there is a refund or return, there can be no guarantee that the Brand will have a suitable replacement product in stock. Where a direct replacement cannot be found the Brand will follow its processes and a repayment will be organized via the same means of payment (being in principle the Gift Card). 10.6. The Brands may attach labels or other markers to Products to prevent them being used and decline, where legal to do so, returns or refunds on Products where the label or marker has been detached or the item is soiled by wear or use, partly used (e.g. cosmetics) or mixed or contaminated with other products or materials. 10.7. Purchases by Personal Shoppers at Brands in the Village take place in Belgium and are subject to Belgian VAT. Even if Products are sent outside of Belgium, we not the Personal Shopper will be involved inmaking a claim for VAT Free shopping on your behalf. In some cases you may have the ability to make such a claim, but the situation may be complex if Products are not finally dispatched or there is an attempt to return Products so please take independent advice. 10.8. Where you ask us to send products outside Belgium paragraph 12.4 applies in relation to customs and overseas tax rules. 10.9. If you return Product to us and the Brand will not give a refund or credit note, then we will return the Products to you at your cost. If you decline acceptance of the returned Products back, or if you refuse to pay for their return then after 30 calendar days we may treat the Products as abandoned and sell or dispose of them as we wish. We will also inform you again of that consequence in each single case.
- Delivery and Return Logistics 11.1. We will offer you delivery options at the time of purchase of the Products. Depending on your location we may be able to provide different delivery timescales and your Personal Shopper will discuss those with you at the relevant time. 11.2. Delivery timescales discussed with your Personal Shopper are estimates in light of usual postal service times and we cannot warrant or guarantee that Products will be sent out by a specific time and/or received by you at a particular time or for a specific event even if we were told that you wanted the Products for that event. 11.3. When we send you the Products, we will include the receipts from the Brands, as this is your purchase and you will need them for any guarantees or for any refunds possible. If we are helping you with any return or refund you must include the original receipts with the Products when returning them to us. 11.4. If we agree to dispatch for delivery outside of Belgium you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Deliveries outside of Belgium may not always be available depending on the country, however, due to the complexity of handling customs and tax issues across borders, to the extent permitted by law we do not offer support with returns or refunds for Products sent outside of Belgium. 11.5. The risk in the Products is with you as of the time of the purchase (via the Intermedation of the Personal Shopper). 11.6. Any Products sent to us by you must be sent with all postage, excise, duties and charges fully pre-paid with, where relevant, an accurate and complete customs declaration. We may decline any package which requires any payment on delivery. 11.7. If you send us Products (for example, for a requested return or exchange then) you must package them appropriately; 11.7.1. If you use the courier company we arrange and the address we give you, then the risk in the products in the package that were purchased from the Village passes to us when the courier company records it has collected the package unless the damage or loss is due to poor packaging; but 11.7.2. Otherwise the risk of loss or damage is with you until the Products are received in good condition by us. If we become aware of any damage to the Products we will tell you about it as soon as we reasonably can but failing to notice or report damage is not proof that it did not exist. 11.8. This applies regardless of the reason for the dispatch or return. You are responsible for all costs, including packaging, duties, tariff and fines of sending products to us. Reference is made to pargraph 7.1.
- Warranties for the Service We are liable for defects as regards the Fashion Advice Service but we nor the Personal Shopper are ever liable for defects in the products you purchase from the Brands via the Intermediation).
- Liability 14.1. We shall be liable to you in all cases of contractual and non-contractual liability in case of intent and gross negligence only. For the Intermediation only the Personal Shopper can be liable. 14.2. In all cases not covered by paragraph 14.1 we shall notbe liable and any liability regarding the performance of the Service solely lays with the Personal Shopper. 14.3. Our liability for damages resulting from injury to life, body or health shall remain unaffected by the above limitations and exclusions of liability.
- Miscellaneous 15.1. These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Belgium law, excluding the UN Convention on Contracts for the International Sale of Goods. 15.2. Consumers within the European Union may also be subject to the law of their respective place of residence if this is mandatory consumer law.. 15.3. However, pursuant to EU Regulation 524/2013, we are obliged to inform you that the European Commission provides a platform for online dispute resolution, which is available at http://ec.europa.eu/consumers/odr/ . 15.4. No failure or delay by a Party to exercise any right or remedy provided by law or under these T&Cs shall impair that right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time. No single or partial exercise of any right or remedy shall preclude any further exercise of that right or remedy or the exercise of any other right or remedy. The rights of the Parties under these T&Cs are cumulative and may be exercised as often as the relevant Party considers appropriate. 15.5. We may alter theseT&Cs and the details of the Service from time to time. The new terms shall apply to you in respect of future dealings with us, but shall not apply retrospectively. 15.6. Each of the provisions of these T&Cs is severable. If any provision of these T&Cs (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the Parties’ original commercial intention. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of these T&Cs. 15.7. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for two (2) months, the party not affected may terminate this agreement by giving seven (7) days written notice to the affected party. For these purposes Force Majeure means (i) any event or circumstance out of the control of the party affected, but includes Village closures, even where such closures are within the control of the party, (ii) the imposition of statutory controls on dealing with or sending goods to you or your country of residence, (iii) consequences of Brexit and (iv) where a Village closure is a direct or indirect result of an event outside our control for example where such an event has greatly reduced the number of Guests in the Village, is the consequence of government measures or sanitary measures and it has closed. 15.8. We may at any time assign, transfer, charge, subcontract or delegate, all or any of our rights and/or obligations under the agreement we have concluded with you on the Service. As the Service provided to you is highly personal service you are however not entitled to assign, transfer, charge, subcontract or delegate any or all of your rights and/or obligations under the agreement you have concluded with us on the Service without our prior written consent. 15.9. In these T&Cs, any use of “for example”, or “e.g.” is to be interpreted as a non-exhaustive list of examples.