1.1 These general terms and conditions ("Terms and Conditions") apply to and form an inseparable part of every offer, quotation and/or contract made or concluded by LA VIE EN ROSE BV, with its registered office at Golvenstraat 13, 8300 Knokke-Heist and registered under number 0894.336. 337 (RPR: Ghent, Bruges division) (hereinafter the "Company") for the sale of products or services, of any nature whatsoever, including all offers, quotations and/or agreements made or concluded via the website, the webforms or webshop of the Company or in its physical store, unless expressly agreed otherwise in writing.
1.2 In these Terms and Conditions, "Consumer" means any natural person who purchases Products from the Company for purposes unrelated to his trade, business, craft or profession.
1.3 Company and Consumer entered into an agreement whereby the Consumer purchases the Company's products (hereinafter the "Products"). The Consumer purchases the Products either through the Company's webshop or in the Company's physical store.
1.4 Deviations from these Terms and Conditions are only possible if the parties have expressly agreed to this in writing, in which case the Terms and Conditions shall at least retain their supplementary effect for all aspects not expressly regulated otherwise in writing.
1.5 If any provision of the Terms and Conditions is wholly or partially void or nullified, the remaining provisions shall remain in full force and effect.
1.6 The Company reserves the right to modify these Terms and Conditions from time to time. The Company therefore advises the Consumer to check regularly to see if changes have occurred.
2.1 The Products as offered in both the online store, and the physical store are available while supplies last.
2.2 An agreement shall only be deemed to have been concluded between the parties by written confirmation (of an order) by the Company or by the actual execution thereof by the Company.
2.3 Prices quoted are inclusive of VAT and other taxes, unless expressly stated otherwise. The Company reserves the right to correct the price in case of a material error.
2.4 If the place of delivery or circumstances relating to delivery change at the request of the Consumer, or if the Consumer has provided incorrect or incomplete information for this purpose, the Company shall be entitled to invoice the Consumer for the reasonable costs arising from such change or incorrect information.
3.1 The Consumer can place orders through the Company's online store according to the normal ordering process as described on the website, as well as physically in the Company's store.
3.2 Orders placed bind the Consumer. The Consumer is responsible for the correctness of a placed order. Orders bind the Company only after written confirmation of the order from the Company.
3.3 Delivery times indicated in the order confirmation are indicative only. The Company strives to handle all orders in a timely manner. Exceeding the delivery period can never, even after notice of default, give rise to any liability or any compensation of the Company.
3.4 Delivery of Products shall be made by shipment or at the Company's physical store.
3.5 Unless otherwise agreed between the parties, shipping and transportation shall be at the expense of the Consumer, regardless of the method of organization of transportation. The costs of shipping and transportation are stated at the time of the order and are binding on the Consumer from the time the order is placed and on the Company from the written order confirmation by e-mail. The Consumer may insure the Products at his own expense. the Consumer is entitled to a delivery no later than 30 days after the order, or in the absence thereof, at least within an additional period specified by the Consumer in writing, which is reasonable considering the concrete circumstances.
4.1 Payments are always made at the time of order, either in the physical store or in the online store. Only if the payment has been made correctly will the order be shipped. When settling the shopping basket in the online store, the Consumer can select the desired payment method. The Company accepts, among others, the following payment methods:
4.2 If, notwithstanding Article 4.1, payment is made by invoice, it must be paid on the due date indicated on the invoice. If an invoice is not or not fully settled on the due date, a written reminder (including but not limited to a reminder by mail or e-mail) will be sent to the Consumer reminding him of the payment obligations for the outstanding amount. If this payment reminder is not acted upon by the Consumer within the stipulated period of 14 days, the outstanding invoice amount will be increased by operation of law with a fixed compensation, according to the following scheme:
4.3 The period of 14 days starts on the third business day after the reminder is sent (if the reminder is sent by post) or on the day of sending (if the reminder is sent by e-mail).
4.4 In addition, a late payment interest equal to the interest at the reference interest rate plus eight percentage points referred to in Article 5, second paragraph, of the Act of August 2, 2002 on combating late payment in commercial transactions is due automatically.
4.5 The Company may limit or expand payment options in the future. The Company is not liable for any direct or indirect damage suffered by the Consumer, due to the execution of payment orders via the Internet.
5.1 The Consumer is obliged to check the delivered Products (or have them checked) for accuracy at the time of delivery. The Consumer should check whether the quality and quantity of the delivered Products correspond to what was agreed upon, or at least meet the requirements that apply to them in normal (commercial) traffic.
5.2 Complaints to an order confirmation with request for payment sent by the Company to the Consumer must be communicated to the Company in writing, stating reasons, and must be received by the Company within seven days from the invoice date, failing which the Consumer shall be deemed to have approved the invoice.
6.1 The Company grants the Consumer the statutory warranty of two years from delivery for hidden defects in the products and all other legally granted guarantees regarding warranty and product liability. The Consumer must notify the Company no later than two months after discovering the defect.
6.2 If a warranty claim by the Consumer is well-founded, the Company shall repair or replace the delivered Products and deliver them as agreed, unless this has meanwhile become demonstrably useless for the Consumer. In the latter case, the Consumer shall be entitled to rescind the Agreement. If the Company informs the Consumer that it will proceed to repair, the Consumer shall put the delivered Products, back at the Company's disposal.
6.3 All possible warranty obligations of the Company shall lapse if errors, defects or imperfections in respect of the Products are the result of improper, careless or inexpert use, maintenance, custody or management of the delivered Products by the Consumer or third parties engaged by the Consumer or if they are the result of an external cause such as, for example, fire or water damage or damage due to destruction or if the Consumer or a third party has made or has had changes made to the Products delivered by the Company without the Company's consent.
7.1 If the parties conclude a distance contract within the meaning of Article I.8, 15° of the Code of Economic Law, the Consumer has the right to withdraw the order within a period of 14 days, without giving reasons, in accordance with the instructions that can be consulted via the following link: https://www.cufcreation.com/pages/return-policy. For the withdrawal, the Consumer may use the model withdrawal form made available via the aforementioned link, but is not obliged to do so.
7.2 As soon as the Company has confirmed receipt of the model withdrawal form, the Consumer shall return the Product in its original packaging and at its own risk and expense to the following address: Golvenstraat 13, 8300 Knokke-Heist, Belgium.
7.3 The Product must be returned in unaltered and unused condition (including the labels). For returns, the original packing form must always be added to the package, together with a clear indication of your name and address. Shipping costs are borne by the Consumer, unless an error was made by the Company.
7.4 As soon as the items have been received in unaltered and unused condition, the amount paid (including the standard shipping costs initially paid, with the exception of any additional costs resulting from a choice of a mode of delivery other than the least expensive standard shipping offered by the Company) will be refunded within 14 calendar days using the same means of payment with which the original transaction was made, unless expressly agreed otherwise.
7.5 If the Product is damaged due to careless handling or by treating the Product in a way that goes beyond what was necessary to establish the nature and characteristics of the Product or if an incomplete Product is returned, the Consumer shall be liable for any decrease in the value of the Product.
7.6 The Consumer will not be able to invoke any right of withdrawal for Products personalized at the Consumer's request. The right of withdrawal is expressly not applicable for professional customers.
8.1 If the Company should be held liable for any direct damage, it can only be liable for damages not exceeding the amount of the order. The Company shall not be liable for indirect damages, including consequential damages, lost profits, moral damages, loss of an opportunity and missed savings.
8.2 The Company shall not be liable for damages of any kind, in case the Company has relied on incorrect and/or incomplete information provided by the Consumer.
9.1 The term 'Force Majeure' as referred to in this article shall in any event mean unforeseen circumstances, including those of an economic nature, which have arisen through no fault or action on the part of the Company, such as, among other things, serious breakdowns in the company, forced cutbacks in production, unforeseen shortcomings, production or delivery problems, delays caused by the Company's suppliers, fire, strikes and lock-outs, both at the company and at its suppliers, pandemic, epidemic, government intervention, government order or government measure, travel ban, war, hostilities, terrorist attacks or threat thereof, state of siege, mobilization, weather conditions that seriously impede the execution of the agreement, whether in Belgium or in any other country where any branches of the Company or of subcontractors are located, delays in transport or delayed or incorrect delivery of Products or materials or parts by third parties including subcontractors of the Company.
9.2 In the event that the Company is unable to deliver and/or perform the contract in whole or in part, or is unable to perform it in time or properly, or has to cancel it at any time because of one or more reasons of Force Majeure, this (whole or partial) non-performance, untimely performance or improper performance cannot be attributed to the Company. The Company shall not be liable if any failure is the result of Force Majeure. Under no circumstances shall the Company owe any compensation to the Consumer in case of Force Majeure.
9.3 During the period of Force Majeure, the obligations of the Company shall be suspended. If the period during which compliance with the obligations by the Company is not possible due to Force Majeure lasts longer than one month, both parties shall be entitled to dissolve the agreement without judicial intervention, without there being any obligation to pay damages in this respect.
10.1 The Company strictly complies with applicable privacy and data protection regulations. More information can be found here: https://www.cufcreation.com/pages/privacy-policy
10.2 Without prejudice to the other provisions of these Terms and Conditions, the Company reserves the rights and powers vested in it. The sale does not transfer any intellectual, industrial or other (property) rights from the Company to the Buyer. All samples, models and examples possibly provided by the Company, such as designs, drawings, (electronic) files and images, etc., are exclusively intended to be used by the Consumer and may not be reproduced, made public or brought to the notice of third parties by him without the Company's prior consent, unless the nature of the documents provided dictates otherwise.
10.3 If any provision of these Terms and Conditions is wholly or partially void or nullified, the remaining provisions of these Terms and Conditions shall remain in full force and effect.
10.4 The agreements between the Consumer and the Company are governed by Belgian law.
10.5 Any dispute relating to a purchase through the webshop or the physical store falls under the jurisdiction of the courts and tribunals with territorial jurisdiction for the Consumer's domicile, provided that the Consumer is domiciled in Belgium.
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