General terms and conditions

General Terms and Conditions of online sales

A. Scope of application

These General Terms and Conditions of Online Sales shall apply to all contractual interactions between the Seller and each visitor who orders on www.mamzelle-cousette.com webshop. Hereafter, the buyer will be referred to as « the Customer », « the Consumer », « you » and « yours ». He or she is a « Consumer » within the meaning of article I.1.2° of the Code of Economic Law (CEL). The designation « Parties » will make reference to both the Seller and the Customer.

B. Contractual relationship between Parties

Both Parties agree that their contractual relationship will be exclusively ruled by the following General Terms and Conditions for Online Sales, of which the legal Notices must be regarded as integral parts.

The Seller reserves the right to modify these General Terms and Conditions of Sales without previous notice. The Conditions published at the time of the Client’s order apply to the contractual relationship between Parties.

C. Right of withdrawal and right of exchange

1. General right of withdrawal

The buyers, who are Consumers, can use their right of withdrawal within the limits defined in the legal Notices.

Apart from the products listed below, for each order placed on this website, you benefit from the right of withdrawal for the purchase without any penalties or explanations. You can use this right within 15 calendar days. The right of withdrawal period starts :

  • for goods, the day after the Customer receives the parcel;
  • for services, the day after the agreement is signed.

However, the client cannot use the right of withdrawal for agreements made for tailored items (fabrics, bias, ribbons, pompoms, fringes, vlieseline, elastic ribbons, velcros, cords,…) based on the buyer’s choice and customisation

 

Do not qualify for return or exchange :

  • Items that have been damaged, soiled, modified by the buyer and/or a third party;
  • Incomplete items
  • Items that are not returned in their original packaging;
  • Tailor-made items based on the buyer’s choice and customisation;
  • Books.

The shipping fees induced by the return of your parcel are at your own expense. If you decide to use this right, the Seller will refund the total price of the item(s) within maximum 30 days under the condition that the product(s) are returned in a complete and perfect state in its/their original packaging.

2. Use the right of withdrawal

If using your potential right of withdrawal, you can return the goods in question to the Seller’s shop. You can also decide to send them back to the Seller, considering that shipping is at your own risk and expense.

Whether you send back or bring back the withdrawn goods, you must always present or add a copy of the following documents :

  • the order confirmation email;
  • the receipt issued during the purchase or the order form sent with the package;
  • the explicit statement that you use your right of withdrawal regarding your online purchase (this only apply when shipping back the items).

When returned or shipped back, every item that is incomplete, not in its original packaging, defective, damaged or used, will not be refunded and will be considered as an item returned in a non-compliant way.

D. Order

Every order goes through different stages called « Order processing »:

  • You select the desired products and add them to your cart;
  • When paying your purchase, you will get a recap aiming to detect and correct potential incorrect data before proceeding to checkout;
  • When finishing your purchase, you will be redirected to a final recap (= « Recap table ») and you will have the possibility to definitely place your order;
  • You are then directed to a payment page. Bank Card payments are accepted.

Each order is placed on the website www.mamzelle-cousette.com. A sale is concluded once the payment for this same order is received. When placing an order, the client explicitly shows their desire to conclude a sale with « Mam’zelle Cousette » and agrees to the present General Terms and Conditions. The client receives a confirmation email that include a summary of the order terms. « Mam’zelle Cousette » reserves the right to decline orders to set conditions specific to the agreement. Should specific conditions be applied or an order be declined, « Mam’zelle Cousette » will inform the buyer within 7 days following the placement of the order.

1. Price

The prices displayed on the website are indicated in Euros and include all Belgian taxes.

These prices don’t fluctuate as long as selected products are in stock.

The prices displayed on the Seller’s website do not include shipping fees, packaging fees or costs of every other optional service. Those fees depend on the importance and the properties of each specific order; shipping costs vary depending on the size and the weight of the order. During the order processing will appear a recap of the total price of the items, the final packaging and shipping fees, plus costs of possible additional services, right before validation and checkout of the order.

The Seller carefully indicates every price, though material errors may appear. Every price displayed on the website are thus subject to material errors or incorrect price indications.

2. Availability

The Seller does everything for the webshop products to mirror the real stocks.

Despite the means implemented to prevent such case, it can never be excluded thatitems may be incorrectly marked as available or deliverable at the time of the order. The product list and their availability as displayed on the website is therefore purely indicative and cannot be considered contractually constraining. The Seller thus disclaims all responsibility for any item’s unavailability.

In the event the Seller notices ordered items sold out, the Seller will inform the Customer and will propose to either deliver the last items in stocks and cancel and refund the price difference for this product; or cancel and refund the unavailable items’ sum if stocks are empty.

3. Payment and delivery

(A) PAYMENT

The following payment methods are accepted for every order placed on this website:

When choosing home delivery : payment before delivery by Bancontact, Maestro, Visa, MasterCard.

When choosing to pick up at the shop : payment before collection by Bancontact, Maestro, Visa, MasterCard.

(B) PICKING UP IN THE SELLER’S SHOP

If you opted for picking up your order in the Seller’s shop, you will later be informed by email when your order is available. To collect your package, the Seller may ask for a copy of the order confirmation email you received after placing your order online as well as your ID or a proxy if a Third party is collecting it for you. Collecting your order in the shop means it has been well delivered.

(C) HOME DELIVERY

If you opted for home delivery, your purchase will be sent as soon as possible, within maximum 30 days from the day following the order. To this end, the Seller uses an external service provider. The latter will deliver the parcel during the week’s opening hours. If you miss the delivery driver, they will let a delivery notice and drop off the parcel at a local counter where you would have to pick it up.

Items are only delivered in Europe, to the address you have entered when ordering. The Seller declines all liability for items not being delivered to yourself but a Third party present at the address.

4. Special offers

The following conditions are applicable for online purchase during a Seller’s promotional campaign:

  1. Any promo code for a promotional campaign must be entered in the appropriate box when placing the order;
  2. Promotional campaigns are valid for Customers only; 
  3. Promotional campaigns are valid while stocks last or within the period of validity of the offer;
  4. A Customer can only use a promo code once;
  5. Discounts are only valid on items’ prices and not on other additional costs, herein including shipping and administrative fees;
  6. Promotional campaigns are valid for online purchase only and not for setting items aside in the shop;
  7. Each order that does not respect the General Terms and Conditions will be denied and the Customer will be advised.

F. Delivery and passing of risks

1. Delivery

The Seller does everything so the delivery time announced on the website is respected. Announced delivery times start when the Customer receives the order confirmation email.

When opting for home delivery, you will receive a delivery notice in your mailbox if you miss the carrier. You will have to contact the carrier within the determined period they mention on the notice. You can either decide to plan a new delivery date, or collect your parcel at the counter of their choice. This clause is to be considered as a third-party stipulation regarding the carrier.

If you decided to collect the items in the Seller’s shop, they will be set aside for a maximum period of 30 days provided that they have already been paid online. The date and the completion date for collecting the order will be conveyed in the order confirmation email.

The Seller reserves the right to cancel any order if you are in debt to the Seller for due and payable claims.

2. Retention of ownership

The Seller retains the whole property on purchased items until your obligations have been honoured, especially, but not only, until full payment of the price, fees, accessories and possible interests.

3. Passing of risks

The passing of risks from the Seller to the Customer occurs when the goods are shipped or collected in the Seller’s shop.

By accepting the General Conditions and Terms, you explicitly agree that the order may be received by Third parties at your own risk only.

G. Liability

(A) General

The Seller’s liability may not be invoked for failing to fulfil her obligations in case of force majeure, unforeseen circumstances, third-party interferences or acts of public authority (″Fait du Prince″)

The Seller’s liability is exclusively limited to possible direct damages and can in no case be engaged in the event of indirect damages such as, among others, loss of income, trading loss, data loss, deficits or any other form of unpredictable indirect damage at the time you visited the website or placed an online order.

« Mam’zelle Cousette » illustrates her products using descriptions, pictures, colour charts from her partners and suppliers in accordance with the best market standards. However, « Mam’zelle Cousette » cannot be held responsible for any difference of colour, tint, material, structure and texture between the pictured and the delivered merchandise. The photos of the products depicted on the website are provided for information purposes only and cannot lead to any contractual obligation for the Seller.

(B) WEBSITE TERMS OF USE

Visiting and using this website engage the User’s exclusive responsibility.

The website can contain hyperlinks redirecting to Third parties’ websites; by clicking on those links, you recognise that the Seller cannot guarantee the safety of its content and that opening those links is thus at your own risk.

The Seller cannot be held responsible for any damages that could result from consulting and/or using her website (and the information it contains) or visiting Third parties’ websites to which the Seller’s website might redirect you.

The Seller can suspend access to the website either temporarily or definitively for technical reasons or at her discretion, herein including the maintenance of the website or parts of it. The User accepts those interruptions and renounces to any indemnity request as such.

(C) LIABILITY REGARDING PUBLICATION OF CONTENT ON THE WEBSITE

The Seller can, with immediate effect without notice ou prior warning, at any time and at the Seller’s exclusive discretion, suspend and/or delete any record of the User on the website as well as deny access to content and/or information published on the website.

The User agrees that the Seller doesn’t have any prior control over the content being published online by the website’s Users. After receiving a motivated complaint, the Seller will examine the aforesaid complaint as soon as possible and will maybe take necessary measures regarding the disputed content.

(D) LIABILITY REGARDING THE FULFILMENT OF CONTRACTUAL OBLIGATIONS

The Seller’s liability is exclusively limited to possible direct damages, and in no case to the least indirect damage such as, and not limited to, loss of profit, trading loss, loss of opportunity or advantage, data loss, failures or any other form of unpredictable indirect damages at the time you visited the website or placed an online order.

H. Intellectual property rights

(A) CONTENT PUBLISHED BY THE SELLER

By using this website, you explicitly agree that conveyed information and data are and remain the property of the Seller, her partners and her suppliers.

In case the above-mentioned rights are violated, the Seller and/or her licence distributor may initiate appropriate civil or criminal procedures

(B) CONTENT PUBLISHED BY THE USER

When publishing content on this website, you unconditionally and definitively cede all copyrights to the Seller. You specifically authorise the Seller or any company linked to the Seller to publish without restriction and share this content to the audience, including on social media or promotional campaigns. You therefore renounce to any indemnity for this transfer and further use.

I. Warranty

The Client who is a Consumer benefits from a 2-year legal guarantee of conformity for goods from the time of purchase. The articles 1649bis to 1649octies of the Belgian civil code are applicable.

The Seller is guarantor for this legal guarantee, which is limited to the Belgian territory.

Nevertheless, the guarantee does not apply if the defect results from any mishandle, deterioration or non-compliant use by the Client.

If your product is defective within the guarantee period, you have to bring it back to the Seller’s shop to have it examined, fixed or replaced. To that end, you will ideally call the Seller beforehand. If the item cannot be fixed nor replaced by a similar or equivalent product, it will be exchanged for a voucher to use on the website only.

J. Non-waiver clause and nullity

The fact that one or several stipulations of the General Terms and Conditions and legal Notices are not applied by the Seller at some point doesn’t induce any definitive renunciation to this/these clause(s).

The fact that the Seller decides at some point not to apply one of the clauses of the General Terms and Conditions or legal Notices doesn’t induce any definitive renunciation to these clauses. 

The invalidity of one of these General Terms and Conditions’ disposition has not impact on the effective enforcement of other clauses.

K. Applicable law et dispute settlement

Visiting and using the website is subject to the present legal Information and Conditions of use. Visiting and using the website automatically implies that you agree to the following legal Provisions. If you do not agree to the present conditions, you are required to immediately leave this website.

The Seller reserves the right to modify at any time the information published on this website, including the present legal Information and Conditions of use. It is then strongly advised to regularly read the present legal Information and Conditions of use.

In the event of a dispute between parties, the latter can resort to a conciliation procedure.

Failing that and at one or another party’s choice, the case will be submitted to the following competent courts : either those of the place of residence/headquarters of the Customer/Seller, or the one of the Customer/Seller. If, based on these criteria, several jurisdictions are competent, both parties will opt for the Belgian jurisdiction whose procedure will be held in French.

The Belgian Law is exclusively applicable to the relationship with the client.

By using this website, the User agrees to preserve the Seller in principal, costs and expenses for any, direct or indirect, possible damage following claims of third parties regarding the content the User published on the website; any criminal or fraudulent activities of the website, and any violation of the present legal Information and Conditions of use.

If the Seller takes notice of a possible damage or not, the Seller will immediately inform the User of the actions taken or soon to be, and the parties will make arrangements for resolving the disagreement.

Any disagreement resulting from the interpretation and the execution of the present legal Information and Conditions of use comes under exclusive Belgian jurisdiction. In the absence of any legal order to the contrary, are only competent the judicial district courts of Liege, administrative area of Verviers.

L. Conditions of use of the website and the online services

1. General use of the website

(A) ACCESS TO THE WEBSITE AND THE ONLINE SERVICES

Use of the website and the online services offered by the Seller is restricted to adults for non-professional purposes only. Orders placed by minors or purchases for professional purposes are only allowed in shop, and disallowing the present website.

The Seller can link access to some online services to registration and creation of an online profile by the User of the website. Personal data that you will convey to the Seller during registration will be treated in compliance with the Seller’s privacy policy.

(B) PROHIBITED BEHAVIOURS

By using the website and the online services offered by the Seller, especially the services that allow the User to put content on the Seller’s website, you commit yourself to renounce to the following machinations :

  • Undertaking illegal actions;
  • Using all the personal data of other users of this website or the online services, using another identity than yours, publishing or circulating contact details and other personal information of a third party, by any possible means;
  • Directly or indirectly circulating or publishing messages or illustrations that are harmful, offensive, racist, hateful, revisionist, immoral, or violating somebody’s privacy;
  • Directly or indirectly circulatingor publishing messages on political views, philosophic or religious views, affiliations to syndicates, health, sexual orientation or any other personal information;
  • Circulating or publishing content or messages for a third party;
  • Circulating content or messages that are or can be harmful to the Seller’s interests.

(C) CONTENT

The Seller can at any time or at her discretion suspend or delete access to a User’s publication.

Any comment posted on the website www.mamzelle-cousette.com is supervised and moderated. « Mam’zelle Cousette » reserves the right to delete or refuse any words that break the law and the moral (excessive advertising, libellous content, insults, out of context comments…)

ONLINE PRIVACY POLICY

A. Definitions

« Person responsible » : the person in charge of treating personal data.

 « Website » : the website on which you have entered your personal data. The Seller’s website can be visited at www.mamzelle-cousette.com

« User », « you », « your(s) »: any natural person who enters personal data on the website.

Interactive use : any use of the website through which you voluntarily enter personal data via an electronic form that you have filled in or not.

Non-interactive use : any use that cannot be considered as interactive.

Third party : any natural or legal person, public authority, service or other body that is not the User, the Person responsible, nor the people mandated for treating data on the direct authority of the Person in charge of the treatment.

External service providers : service providers the Person responsible calls on for delivering properties and services. So, can particularly be considered : debt collection agencies, payment service providers or newsletter or email senders.

Privacy policy : the Law of 8th December 1992 on the protection of privacy with regard to personal data treatment.

B. General

In accordance with the Privacy policy, the Seller must be considered as the person in charge of the treatment of personal data used on this website

Using this website implies that you explicitly agree to the treatment of the personal data that you enter and to this Privacy policy. If you do not agree to the present conditions, you are required to immediately leave this website.

C. Treated data

When creating a user profile, the personal data entered during registration by the User are treated. This personal data includes the following elements, depending on the service requested by the User:

  • Surname
  • Name
  • Address
  • Contact details, among which
  • Phone numberand/or
  • Mobile phone number
  • Email address

By interactively using this website, the User explicitly accepts, in compliance with the article 7, §2, a) of the Privacy policy, the treatment of the personal data they have entered.

D. Cookies

Cookies keep information related to the pages you have visited on the website (visited pages, date and time of the visit, search criteria, etc.)

These data are used for statistical purposes such as, among other things, estimating traffic on the website, recognising the User for further visits, presenting appropriate content and ordering items online. You can disable the « cookies » by modifying the cookies settings in your browser settings. This will however prevent you from placing any online order.

E. Purpose

During the creation of a user profile, the placement of an online order, the Responsible person collects and treats through this website the user’s personal data in order to :

  • Communicate with you ;
  • Validate your order ;
  • Manage clients or providers’ data.

F. Recipients or categories of data recipients

Depending on the treatment purposes, treated personal data can be communicated to the following recipients :

  • The User themselves ;
  • Other companies or establishments related to the Seller ;
  • External service providers, for the Seller to fulfil marketing campaigns ;
  • Third parties, for direct marketing purposes.

G. Right of access and improvement of personal data

You always have the right to consult the following elements :

  • The existence or not of personal data treatment ;
  • The concrete purposes of those treatments ;
  • The categories of data that are treated ; and
  • The categories of recipients that will receive your data.

On demand, the User can receive the intelligible treated data, as well as all the available information on their sources.

The User has moreover the right to freely improve their personal data.

The User has the right to contest further personal data treatment. When contesting personal data use for direct marketing purposes, the User can do so free of charge and without any motivation.

To use any of their rights above-mentioned, the User must address the Person responsible a dated and signed request. Information will be immediately communicated to the User, and at the latest 45 days after receiving a proper request.

H. Archiving

In compliance with the accounting measures in force, the Person responsible is required to archive the concluded contract and keeping hold of it during the legal conservation period. Visitors cannot consult archived contracts.