Terms and Conditions LoLivia Children's Clothing
Terms and Conditions
Company name: Palma Caetano Mendes, Ana
Trade name: LoLivia
Address: BE-2650 Edegem, Leonardo Da Vincilaan 26 box 6
Phone number: +32 474 57 60 43
Company number: 0746.554.362
VAT number: BE0746.554.362
Article 1: General provisions
The e-commerce website of LoLivia, a natural person with registered office at BE-2650 Edegem, Leonardo Da Vincilaan 26 box 6, VAT BE0746.554.362, (hereinafter referred to as 'LoLivia') offers its customers the possibility to order the products from its web shop online. to buy.
These Terms and Conditions ("Terms") apply to any order placed by a visitor to this e-commerce website ("Customer"). When placing an order via LoLivia's webshop, the Customer must expressly accept these Terms and Conditions, thereby agreeing to the applicability of these Terms and Conditions, to the exclusion of all other terms and conditions. Additional conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by LoLivia.
Article 2: Price
All stated prices are expressed in EURO, always inclusive of VAT and all other duties or taxes that are required to be paid by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately.
The indication of price refers exclusively to the articles as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind LoLivia. LoLivia is only held to an obligation of means with regard to the correctness and completeness of the information provided. LoLivia is in no way liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request that the Customer contact our customer service in advance. This can be done via email at firstname.lastname@example.org
The offer is always valid while stocks last and can be adjusted or withdrawn by LoLivia at any time. LoLivia cannot be held responsible for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
To purchase an item, and thus to place an order, you will need to add the item to your shopping cart. You can then choose the quantity of the item you want to order. You will then have to enter your customer details, choose the delivery method and payment method, and use your promotional code if necessary. Afterwards you can check the detail of your order and, if necessary, detect and correct input errors before placing the order. By clicking on “Order and pay”, you place a binding order for the items in your shopping basket and assume the obligation to pay for them. After you have placed your order, we will immediately send you an order confirmation by e-mail. The contract is binding as soon as you have received confirmation of the order from us.
The Customer has the choice between the following payment methods:
- via credit card
- via bank card
- via Paypal (an additional transaction fee of € 3.95 will be charged)
- via Klarna, pay afterwards
LoLivia is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.
Klarna payment methods
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method(s). Payment must be made to Klarna.
Article 5: Delivery and execution of the agreement
The delivery of the ordered items will be sent as soon as possible after receipt of payment. This is usually within 5 working days after placing the order.
Incorrect delivery addresses are the responsibility of the customer and may give rise to additional delivery costs.
The stated sales prices are always exclusive of delivery costs, unless stated otherwise.
Articles ordered through this webshop are delivered in the countries mentioned below, at the rates mentioned below. Delivery is made by DPD.
Belgium: € 6.00 (Free shipping from € 80.00)
Luxembourg, Netherlands: € 8.35 (Free shipping from € 100.00)
Germany: € 10.00 (Free shipping from € 120.00)
France: € 15.00 (Free shipping from € 200.00)
Any visible damage and/or qualitative shortcoming of an item or other shortcoming in the delivery must be reported immediately by the Customer to LoLivia, by e-mail to email@example.com
The risk of loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has acquired physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by LoLivia.
Article 6: Retention of title
The delivered articles remain the exclusive property of LoLivia until the moment of full payment by the Customer.
The Customer undertakes, if necessary, to point out LoLivia's retention of title to third parties, e.g. to anyone who would seize the not yet fully paid items.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who purchase items online from LoLivia in their capacity as consumers.
The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the good.
To exercise the right of withdrawal, the Customer must: Palma Caetano Mendes Ana, Leonardo Da Vincilaan 26, 2650 Edegem - +32 474 57 60 43 - firstname.lastname@example.org by an unequivocal statement (e.g. in writing by post, fax or e-mail) -mail) of his decision to withdraw from the contract.
To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to Palma Caetano Mendes Ana, Leonardo Da Vincilaan 26, without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the contract to Palma Caetano Mendes Ana, 2650 Edegem. The Customer is on time if he sends back the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods shall be borne by the Customer.
The Customer is requested to return the items in their original condition and packaging, with all accessories supplied, and instructions for use. If the returned product has diminished in value in any way, LoLivia reserves the right to hold the Customer liable and claim damages for any diminished value of the goods resulting from the use of the goods by the Customer that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
All returned items are carefully examined. The starting point here is that the consumer may only inspect the article as he would be allowed to do in a shop. Returned items may be tried on, but may not have been used. We also kindly ask you to return the items with the label attached. Please do not store our items in smoky areas, in the kitchen or near pets. If an item has undergone a reduction in value due to the use of the Customer, this will be charged to the Customer.
Article 8: Warranty
Under the law of 21 September 2004 on the protection of consumers when selling consumer goods, consumers have legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact customer service (email@example.com) and return the item to LoLivia at his expense.
If a defect is detected, the Customer must inform LoLivia as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its discovery. Afterwards, any right to repair or replacement will lapse.
The (commercial and/or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Customer proves otherwise.
Article 9: Customer Service
LoLivia customer service can be reached on telephone number +32 474 57 60 43, by e-mail at firstname.lastname@example.org or by post at the following address Leonardo Da Vincilaan 26, 2650 Edegem. Any complaints can be directed to this.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights that LoLivia has, in the event of non-payment or late payment from the date of the default, the Customer owes interest of 10% per year on the unpaid amount by operation of law and without notice. In addition, the Customer is legally and without notice liable to pay a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, LoLivia reserves the right to take back the not (fully) paid items.
Article 11: Privacy
The data controller, Palma Caetano Mendes, Ana respects the Belgian law of December 8, 1992 regarding the protection of private life in the processing of personal data.
The personal data provided by you will only be used for the execution of the concluded agreement and the processing of the order.
You have a legal right to inspect and possibly correct your personal data. Subject to proof of identity (copy of identity card), you can obtain a written notification of your personal data free of charge via a written, dated and signed request to Palma Caetano Mendes Ana, Leonardo Da Vincilaan 26, 2650 Edegem. If necessary, you can also request that data be corrected if it is incorrect, incomplete or irrelevant.
In case of use of data for direct marketing: You can oppose the use of your data for direct marketing free of charge. To this end, you can always contact email@example.com
We treat your data as confidential information and will not pass it on, rent it or sell it to third parties.
The customer is responsible for keeping his login details and the use of his password confidential. Your password is stored encrypted, so LoLivia has no access to your password.
LoLivia keeps online (anonymous) visitor statistics in order to see which pages of the internet site are visited and to what extent.
If you have any questions about this privacy statement, you can contact us at firstname.lastname@example.org .
During a visit to the site, 'cookies' may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.
'First party cookies' are technical cookies that are used by the visited site itself and that aim to make the site function optimally. For example: settings that the user has made during previous visits to the site, or: a pre-filled form with data that the user has made during previous visits.
'Third Party cookies' are cookies that do not come from the website itself, but from third parties, e.g. an existing marketing or advertising plug-in. Eg. cookies from Facebook or Google Analytics. For such cookies, the visitor to the site must first give permission - this can be done via a bar at the bottom or top of the website, with reference to this policy, which does not prevent further browsing on the website.
You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.
Article 13: Affected validity - non-renunciation
If any provision of these Terms is declared invalid, illegal or void, this will not in any way affect the validity, legality and applicability of the other provisions.
Failure at any time by LoLivia to enforce any of the rights set forth in these Terms, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.
Article 14: Change of conditions
These Conditions are supplemented by other conditions to which explicit reference is made, and LoLivia's general terms and conditions of sale. In case of contradiction, these Terms and Conditions will prevail.
Article 15: Evidence
The Customer accepts that electronic communications and back-ups can serve as evidence.
LoLivia has endorsed the Regulations of the UNIZO e-commerce label. A copy of these Regulations and access to the UNIZO complaints procedure is available via https://www.unizo.be/uw-webshop-juridisch-waterdicht-dankzij-het-unizo-e-commercelabel .
Article 16: Applicable law – Disputes
Belgian law applies, with the exception of the provisions of private international law regarding applicable law.
The courts of the Consumer's place of residence are competent in legal disputes. The Consumer can also turn to the ODR platform ( http://ec.europa.eu/consumers/odr/ ).
LoLivia has endorsed the Regulations of the UNIZO e-commerce label. These regulations are available at https://www.unizo.be/uw-webshop-juridisch-waterdicht-dankzij-het-unizo-e-commercelabel , where you can also go to settle complaints or disputes out of court via the UNIZO complaints procedure.