Terms and Conditions

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - The price
Article 11 - Fulfillment of the agreement and extra guarantee
Article 12 - Delivery and implementation
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional provisions

Article 1 - Definitions

In these conditions the following terms have the following meanings:

Additional agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these items are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Reflection period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;

Day: calendar day;

Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose. for which the information is intended and which allows unaltered reproduction of the stored information;

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

Entrepreneur: the legal person as referred to in Article 2 who offers products, (access to) digital content and / or services to consumers from a distance;

Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling, whereby up to and including the conclusion of the agreement, one or more communication techniques are used exclusively or in part. at a distance;

Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions; Annex I does not need to be made available if the consumer does not have a right of withdrawal with regard to his order;

Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 - Identity of the entrepreneur

Name of entrepreneur: Quarzo Rosa BV

Trading under the name: ellemilla

Business address:

Lodewijk de Raetstraat 63
3920 Lommel Belgium
Email address: info@ellemillashop.com

CBE number: 0811820516
VAT number: BE0811.820.516

IBAN: BE 20 3630 4824 9456

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

In the event that specific product terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 - The offer

If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur. Slight deviations in color as a result of the use of digital images and photos by the entrepreneur are, if reasonable, not at the expense and risk of the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions, including payment of the price as referred to in Article 13.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe internet environment. (SSL connection, recognizable by the lock in the bottom status bar of your browser). If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

At the latest upon delivery of the product to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  • the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
  • the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • information about guarantees and existing service after purchase;
  • the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
  • if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Right of withdrawal

The consumer can dissolve an agreement regarding the purchase of a product without giving reasons during a reflection period of 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).

The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

  • if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
  • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
  • in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire 12 months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within 12 months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

Articles may not be used c, q, worn by the consumer.

The consumer is liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.

The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product, unless the entrepreneur explicitly indicates that he will bear these costs.

If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.

The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.

The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

Article 10 - The price

During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • they are the result of statutory regulations or provisions; or
  • the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 11 - Fulfillment of the agreement and extra guarantee

The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations that existed on the date of the conclusion of the agreement.

An extra guarantee provided by the entrepreneur, his supplier, producer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.

An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement .

Article 12 - Delivery and implementation

The entrepreneur will take the greatest possible care when receiving and implementing orders for products.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.

The entrepreneur does not take any responsibility for errors made by the consumer during the entry of the order (on the website), which may cause delay in delivery or incorrect delivery.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.

Items that are in stock are usually delivered the next working day, except in cases of force majeure. In the unlikely event that this is not the case, the entrepreneur will inform the consumer by e-mail.

The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

The entrepreneur supplies products in Belgium and other EU member states, as well as other countries worldwide.

If the entrepreneur is unable to fulfill his obligation under the agreement due to force majeure or other extraordinary circumstances, such as fire, strike, natural disaster, etc., then the entrepreneur can postpone his delivery obligation until delivery is possible. The entrepreneur will immediately inform the consumer in case of an appeal to force majeure. In the event that the circumstance lasts longer than 1 month in addition to the specified delivery period, the entrepreneur and the consumer each have the right to dissolve the agreement, without any right to compensation.

Article 13 - Payment

Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid when placing the order.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

Article 14 - Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 7 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 7 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.

The consumer must in any case give the entrepreneur 14 days to resolve the complaint in mutual consultation.

Article 15 - Disputes

Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Disputes that arise between the entrepreneur and the consumer in connection with this agreement will only be settled amicably. If that does not provide a solution, the dispute will be submitted to the competent court.

Article 16 - Additional provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

The entrepreneur processes the personal data provided by the consumer for the implementation of the agreement, in accordance with the General Data Processing Regulation (AVG). The entrepreneur has drawn up a privacy statement for this purpose and stated on his website. The consumer agrees that the data will be stored and processed by the entrepreneur. Moreover, the consumer expressly agrees that the entrepreneur may use this information to send targeted marketing campaigns and offers to the email address specified by the consumer. At the request of the consumer, he can view his personal data and, at his request, his data will be immediately permanently deleted.

 

Model withdrawal form

 

(only complete and return this form if you wish to cancel the contract)

 

To: Quarzo Rosa BV trading under the name ellemilla
Lodewijk de Raetstraat 63
3920 Lommel, Belgium

info@ellemillashop.com

I hereby inform you that I am regarding our agreement

the sale of the following products: ………………………………… [state product]

revocation

Order number ………………………………………………………………… [order number]

 

The product was received by me on …………………………………… ... [date of delivery]

 

Your name (first and last name) ……………………………………………. [Name]

 

Your address …………… .. ………………………………………………………. [Zip code, street, city]

 

In case of a different delivery address: ………………………………………………… .. [postcode, street, city]

 

 

 

Date:…………………………

 

 

 

 

________________________

consumer signature