Private customers have to right to notify the seller that they wish to cancel their purchase without incurring a penalty and without having to provide a reason as long as this is done within 14 calendar days of the delivery date of the product.
1. PRESENTATION – DEFINITIONS
a. 9 bulles (hereinafter called ‘the seller’) is the commercial name used by 9 bulles SPRL for selling pregnancy clothing and accessories. 9 bulles SPRL resides at 4030 GRIVEGNEE (Belgium), Rue JULES CRALLE 136 and is registered at the ECB under number 0544.858.304, VAT number 544 858 304.
c. For the purpose of these general sales and conditions the following definitions apply:
Products: All products that are offered for sale, i.e. all maternity clothing;
Accessories: all accessories to the maternity products requested by customers;
Private customers: all natural or legal persons who purchase products for non-professional purposes;
Professional customers: all natural or legal persons who purchase products for professional purposes;
Purchasers: All customers, be they private or professionals
Orders are processed exclusively in French or in English or in Dutch.
The main phases involved in this process are as follows:
A. IDENTIFICATION PHASE
Customers must create an account on the screen ‘Create your account’. To do this, they must enter their email address, then click the tab ‘Create your account’.
A form will appear entitled ‘Your personal details’.
Once this form has been completed, the customers should click the tab ‘Register’.
As soon as this phase is completed, customers can order the items of their choice by following the detailed order process described in point B below.
Existing customers who have already placed orders have direct access to the detailed order process as described in point B after entering their email address and their password in the screen ‘Existing customer’ and after then clicking the tab ‘Identify yourself’.
B. ORDER PROCESS
The ‘Add to basket’ tab enables customers to select the product(s) they want and place it/them in their basket.
Once customers have put all the items they want in their basket, they just have to click the tab ‘Order’ at which point the screen with the delivery and invoicing addresses will appear.
Customers should then confirm their orders by means of the ‘Next’ tab. A screen will come up called ‘Shipping costs’.
After accepting the General Terms and Conditions and after choosing the preferred delivery method, customers should click ‘Next’.
All that is left now is for customers to choose their preferred method of payment by clicking ‘Payment by bank transfer’ or ‘payment through by Credit card or Paypal’.
Until customers have clicked the tab for choosing their preferred method of payment in order to confirm their order, they may change their order by clicking ‘Back’.
Sales to private customers
In the case of online orders, private customers are entitled to cancel their orders without incurring a penalty and without providing a reason as long as this is done within 14 calendar days of the day after delivery of the product.
Should the customer choose to do this, she will be charged for the return shipping costs.
Sales to professional customers
Online sales for professional customers are considered to be finalised once they have confirmed their electronic order form.
Customers have to right to exchange products and/or accessories within 14 working days starting from the delivery date.
Should this be the case, customers must pay the return shipping costs except for France and the Benelux. For all countires, the seller will pay the shipping costs for replacement products and/or accessories.
Prices quoted do not include discounts, but they do include VAT.
Purchasers must pay the total price on ordering and before delivery, either by bank transfer or through the Hipay or PayPal secure payment facility. In the event that explicit written permission is given by the seller for payment after the delivery of the products, payment should be made to the headquarters of the seller on delivery or on notification of the availability of the product at the seller’s premises, unless otherwise indicated.
Failure on the part of the purchaser to pay the invoice within 15 days gives the seller the right to charge interest without prior notification at a rate equal to the following:
Private customers - 12% p.a. of the amount outstanding, including VAT; In case of delay in repayment wrongly seller, it will be due by the seller an equivalent compensation.
Professional customers - the rate mentioned in article 5 of the law of 2 August 2002 governing late payments in commercial transactions. Moreover, all invoices remaining unsettled at the due date will be subject to an additional interest rate of 15% by way of a lump-sum penalty, without prejudice to possible actual damages with a minimum of €40.
The product will be delivered to the purchaser after payment of the total amount due.
6. DELIVERY DEADLINES
Without prejudice to paragraph 3 of this article, delivery deadlines mentioned in the order confirmation are always by way of indication only. In the event of late delivery, the seller will do all in its power to respect the delivery deadlines or will propose alternative solutions to the purchaser should the delivery deadline exceed 10 calendar days.
Without prejudice to article 12, in the event of non-observance of the agreed date or delivery deadline, the purchaser may cancel the order should the delivery fail to be made within the new agreed deadline after sending notification by registered mail. This deadline may not be more than 25% of the initially agreed deadline with a minimum of 10 calendar days. Should an order be cancelled as a result of a new deadline, the price or the deposit paid will be reimbursed to the purchaser within 10 days of the notification of this cancellation.
Without prejudice to article 12, private customers, in instances of non-delivery within a deadline of five working days to be counted from the day after receipt of the payment in those instances where payment has been made in advance, or after the transmission date of the order where payment is to be made after delivery, have the right to cancel the sale subject to simple notification to the seller, without prejudice to damages and interests, on condition that the seller has not yet shipped the ordered product.
7. DELIVERY ADDRESS
The product will be delivered to the address provided by the purchaser and as mentioned in the order confirmation.
The purchaser shall bear all risks and costs associated with the shipment of the product.
Furthermore, the seller cannot be held responsible for any delays caused during shipment, except in the event of serious negligence for which he will be held accountable.
Without prejudice to article 11, all complaints relating to the delivery or the conformity of the product with regard to apparent defects, must be reported to the seller by registered letter at 4030 GRIVEGNEE Rue JULES CRALLE 136, within 8 days of delivery. Failing this, delivery is considered as accepted and no claims may be made against the seller concerning delivery or apparent defects.
In the event of default on the part of the purchaser and after one month of unsuccessful notifications, without prejudice to Article 1184 of the Civil Code, the seller reserves the right to cancel the contract, without prejudice to the right to compensation of a flat rate of interest set at 15% of the total price of the goods, VAT and interest referred to in Article 4 of these terms and conditions. This article does not apply in cases of force majeure as defined in Article 12, communicated by the party who claims it by registered letter within eight days of its occurrence.
Private customers have the same right vis-à-vis the seller, and must follow the same guidelines. Should the sale be cancelled due to an error on the part of the seller, the seller will reimburse the purchaser according to the same terms as mentioned in the paragraph above.
Products sold remain the property of the seller until payment for the product has been received in full (including all accessories).
11. 1. Non-conformity – hidden defects
11.1.1.If the law of September 1, 2004 governing the protection of consumers regarding the sale of consumer goods applies to the sale:
The products sold are guaranteed against all non-conforming defects as per the law mentioned and this for a period of two years from the date the seller delivers the product to the purchaser.
The purchaser must notify the seller of any defects within two months from the date that this defect is noticed, by means of a registered letter.
In the event of a non-conformity, as described in the law of September 1, 2004 governing consumer protection, in the event of the sale of consumer goods, the purchaser has the right, unless this is impossible or unreasonable, to demand that the seller repairs or replaces the product within a reasonable deadline at no cost or major inconvenience to the purchaser.
If the purchaser is not entitled to a repair or replacement of the product, or if the seller has not carried out the repair or replacement within a reasonable deadline or without major inconvenience to the purchaser, the latter has to the right to demand that the seller applies a reduction to the price, or in the event of a serious defect, cancels the contract, with the exclusion of any claim for damages or additional interests.
This clause does not preclude the warranty of the hidden defects of the item sold as per articles 1641 to 1649 of the Civil Code and article 11.1.2 of the current General Terms and Conditions.
11.1.2. If the law of September 1, 2004 governing the protection of consumer regarding the sale of consumer goods does not apply: The hidden defects are covered by the contractual warranty for a period of one year, counting from the date the product is provided to the purchaser by the seller.
The purchaser must notify the seller of the hidden defect by registered letter within the shortest possible term, and in any case within thirty days from the date on which the defect was noticed or reasonably ought to have been discovered.
If the repair is technically impossible, the parties must agree on the most appropriate means to remedy the defects or non-conformity, the reimbursement of a portion of the purchase price, the replacement of the product or the cancellation of the sale without the purchaser being entitled to any other compensation.
After one year, the statutory warranty applies if the hidden defect existed at the time of delivery, and on condition that the defect renders the product unfit for the use for which it is intended or that it substantially decreases use.
11.2. Apparent defects
Products are only guaranteed against visible defects if article 8 of these General Terms and Conditions is adhered to and without prejudice to article 11.1 of the same General Terms and Conditions.
The seller cannot be held responsible for any damage caused by the use of the products sold, for damage caused to the purchaser, to their products or third parties, even during the warranty period.
As a result, the seller cannot be required to pay damages and interests for injury to people, damages to goods other than the items the seller has supplied, loss of profits or any other damage incurred directly or indirectly from defects affecting any of these goods.
Should the seller in any way be responsible, he will only be bound to pay a compensation that may not surpass or equal the sales price of the product.
The warranty does not cover normal wear and tear of the product, or defects caused by abnormal, faulty or negligent use of the product.
12. FORCE MAJEURE
Circumstances such as strikes, fire, breakdown of machinery, delays on the part of suppliers, epidemics, danger of war, civil war, fuel, and electricity shortage, acts of god, bankruptcy of suppliers, etc. are all considered as forces majeures if they delay or make deliveries very difficult. The seller does not have to prove the unforseeability or avoidance of these circumstances, nor the fact that it is impossible to carry out the contract.
The seller must inform the customer of the existence of any of the above-mentioned circumstances as soon as possible.
The seller reserves the right to prolong the possibly agreed delivery deadline if necessary for a period equal to that during which the force majeure was in force. Same if these facts may compromise the execution of the order in compliance with conditions agreed.
The seller reserves the right to cancel the contract without liability or responsibility on his part.
13. PROCESSING OF PERSONAL DATA
The current conditions respect the privacy of the customers as per the law of December 8, 1992 relating to processing personal data and other binding provisions of Belgian law relating to this.
Your data processing manager is 9 bulles SPRL operating under the company name of 9 bulles, residing at 4030 GRIVEGNEE Rue JULES CRALLE 136 Belgium, registered under the BCE under number 0544 858 304, VAT N° 0544 858 304.
Personal data given to 9 bulles is processed by her for the purpose of customer management which includes the management of pre-contractual and contractual relations of the latter as well as for direct marketing purposes.
Customers may oppose to this data processing for direct marketing purposes free of charge by request.
Customers also have the right to ask for corrections to be made to any incorrect personal information at no charge.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
Any disputes relating to the interpretation and execution of these General Terms and Conditions are exclusively subject to Belgian law.
In the event of any disputes relating to the interpretation and execution of these General Terms and Conditions of sale only the Courts of Liège (including the Justice of the Peace of the second district of Liège) are competent. This clause remains valid in the event of lis pendence, actions or claims under the warranty.