GENERAL CONDITIONS OF SALE
The consumer-customer has the right to notify the seller that he is canceling the purchase without penalty and without giving any reason, within fourteen calendar days from the day of delivery of the product.
1. PRESENTATION – DEFINITIONS
a. 9 bulles (hereinafter referred to as the seller) is the trade name used by 9 bulles SPRL in relation to the marketing of maternity clothing with accessories. 9 bulles SPRL has its registered office at 4030 Liège Rue de Herve 382 and is registered with the BCE under number BE 0544 858 304 and with VAT under number 544 858 304.
b. 9 bulles can be reached 7 days a week, 24 hours a day at the email address info@9bulles.be
c. For the application of these general conditions of sale, the following are considered:
- Product: The merchandise subject to sale is any maternity clothing;
- Accessory: any addition made to the product at the customer's request;
- Consumer customer: any natural or legal person who acquires a product for purposes excluding any professional nature;
- Professional client: any natural or legal person who acquires a product for professional purposes;
- Buyer: Any customer, whether consumer or professional.
2. ORDER
Sale to a consumer customer
In the event of an online purchase, the consumer-customer has the right to notify the seller that he/she is canceling the purchase without penalty and without giving any reason, within 14 calendar days from the day after the day of delivery of the product.
In this case, the customer will have to bear the direct return costs.
Sale to a professional client
In the event of an online purchase by a professional, the sale is complete as soon as the latter has validated their electronic order form.
3. PRICE
Prices are net and without discount, including VAT.
4. PAYMENT
The buyer is required to pay immediately upon ordering, prior to delivery, the full price either by bank transfer or by means of the secure payment system Mollie or by Paypal.
In the event of express written authorization from the seller for payment after delivery, all invoices are payable in cash, at the seller's headquarters upon delivery or upon notification of availability of the product at the seller's premises, unless expressly stipulated otherwise.
In the event of non-payment of the invoice within 15 days of the due date, the buyer shall be liable to the seller, automatically and without prior notice, for interest in an amount equal to the following rate:
- If the buyer acts for non-professional purposes (consumer-customer), 12% per year of the amount due, including VAT. In the event of late reimbursement due to the seller's fault, the seller will owe an equivalent compensation.
- If the buyer is acting for professional purposes (professional client), the rate mentioned in Article 5 of the law of 2 August 2002 concerning the fight against late payment in commercial transactions. In addition, any invoice unpaid on the due date will be increased by a percentage of 15% as a fixed compensation, without prejudice to the damage actually suffered and without this sum being less than €40.
5. DELIVERY
The product will only be delivered to the buyer after payment of the full price.
6. DELIVERY TIME
Without prejudice to paragraph 3 of this article, the delivery times mentioned in the order confirmation are always indicative. In the event of a delay in delivery, the seller will make every effort to respect the delivery times or will propose alternative solutions to the buyer in the event of a delay in delivery exceeding 10 calendar days.
Without prejudice to Article 12, in the event of non-compliance with the agreed delivery date or deadline, the buyer may terminate the sale in the absence of delivery within the new agreed deadline following the sending of a formal notice by registered letter. This deadline may not exceed 25% of the initially agreed deadline with a minimum of 10 calendar days. In the event of termination at the end of the new agreed deadline, the price or deposit paid will be returned to the buyer within ten days following notification of this termination.
Without prejudice to Article 12, if the buyer acts for non-professional purposes, in the event of non-delivery within 5 working days from the day after the day of receipt of payment, in the event of payment in advance, or of transmission of the order, in the event of payment subsequent to delivery, the latter has the right, by means of a simple notification to the seller, to cancel the sale without prejudice to damages, provided that the seller has not yet sent the product ordered.
7. PLACE OF DELIVERY
Delivery of the ordered product is made to the delivery address agreed with the buyer as stated in the order confirmation.
8. SHIPPING + RETURN COSTS
8.1 Shipping costs
Shipping costs are the responsibility of the seller or the buyer depending on the purchase amount . The customer can check at any time from what purchase amount in his country the order will become the responsibility of the seller on the page concerning shipping costs . If the purchase amount is lower than the amount indicated on this page, the shipping costs will be the responsibility of the buyer. The customer is also informed of the amount of the shipping costs in the order tunnel before the payment step.
8.2 Return costs
The return costs are the responsibility of the customer. A prepaid label is provided in the package, in the event that the customer uses it, a deduction for the return costs is made from the refund amount. The rate applicable for the return is the same as that of a shipment. This amount can be consulted at any time on the page concerning delivery costs .
9. Returns or exchange requests
9.1 Sending returns
The customer will have to send the item(s) that do not suit him. To do this, the customer can proceed in several ways:
1) He may reship his order using the prepaid return label provided in his package. The return costs will then be deducted directly from the amount that will be refunded to him. The applicable rates are available on the page concerning delivery costs .
2) If the customer has another means of transport at a more advantageous price, he can return his order via the method of his choice to the store address: Rue de Herve 382 in 4030 Liège.
3) If the customer wishes, he/she can also drop off the package in person at the point of sale during the store's opening hours (from 10 a.m. to 6 p.m. from Tuesday to Saturday).
9.2 Exchanges
The customer has the right to request the exchange of the product and/or any accessory within 14 working days starting on the day of delivery. The customer can make his request by e-mail to info@9bulles.be or via the information available on the contact page. The customer can also place a new order directly on the site. The return costs will be borne by the buyer. The shipping costs of the new model will be subject to the same conditions as traditional order shipments.
10. COMPLAINT
Without prejudice to Article 11, any claim relating to the delivery or conformity of the product with regard to apparent defects must be reported to the seller by registered letter addressed to the seller's address, at 4170 Comblain-au-Pont Rue Halleux 38, within 8 days of delivery. Failing this, the delivery is considered accepted and no further claim may be made against the seller due to the delivery or apparent defects.
11. RESOLUTION
In the event of non-performance by the buyer and after formal notice has remained unsuccessful for one month, without prejudice to Article 1184 of the Civil Code, the seller reserves the right to terminate the contract, without prejudice to the right to damages, fixed at a flat rate of 15% of the total price of the goods, including VAT and interest referred to in Article 4 of these general terms and conditions. This article does not apply in the event of force majeure as defined in Article 12, notified by the party invoking it by registered letter within eight days of its occurrence.
The consumer-customer has the same right with respect to the seller, which will be exercised according to the same terms: In the event of termination of the sale due to the seller's fault, the seller will owe compensation equivalent to that provided for in the preceding paragraph.
12. RETENTION OF TITLE
The products sold remain the property of the seller until the full payment of the sale price of the product (all accessories included).
13. WARRANTIES
13. 1. Lack of conformity – Hidden defects
13.1.1 . If the law of 1 September 2004 on consumer protection in the event of the sale of consumer products is applicable to the sale:
The products sold are guaranteed against any lack of conformity within the meaning of said law for a period of two years, from the date the product is made available by the seller to the buyer.
The buyer must report the lack of conformity to the seller within two months from the day on which he noticed this defect, by means of a registered letter.
In the event of a lack of conformity within the meaning of the law of September 1, 2004 relating to the protection of consumers in the event of the sale of consumer products, the buyer will have the right, unless this is impossible or disproportionate, to demand that the seller repair the product or replace it, all within a reasonable time, and without cost or major inconvenience for the buyer.
If the buyer is not entitled to repair or replacement of the product, or if the seller has not carried out the repair or replacement within a reasonable time or without significant inconvenience to the buyer, the latter will be entitled to demand from the seller an adequate reduction in the price or, in the event of a serious defect, the termination of the contract, to the exclusion of any claim for additional damages.
This clause does not prevent the guarantee of hidden defects in the item sold, as provided for in Articles 1641 to 1649 of the Civil Code and in Article 11.1.2 of these general conditions.
13.1.2. If the law of September 1, 2004 relating to the protection of consumers in the event of the sale of consumer products is not applicable:
Hidden defects are covered by the contractual warranty for a period of one year, starting from the time the product is made available by the seller to the buyer.
The buyer must notify the seller of the hidden defect, by registered letter, as soon as possible, and in any case within thirty days from the day on which he discovered this defect or should normally have discovered it.
If the repair proves technically impossible, the parties will agree on the most appropriate means to remedy the defects or non-conformity, either the reimbursement of part of the purchase price, or the replacement of the product, or the resolution of the sale, without the buyer being able to claim any other compensation.
Beyond one year, the legal guarantee applies if the hidden defect existed at the time of delivery, and provided that it makes the product unfit for the use for which it is intended or that it significantly reduces its use.
13.2. Apparent defects
The products are only guaranteed against apparent defects subject to compliance with article 8 of these general conditions and without prejudice to article 11.1 of the same general conditions.
13.3. Limitations
The seller shall not be liable for any damage caused by the use of the products sold, whether the damage is caused to the buyer, to its products or to third parties, even during the warranty period.
Consequently, the seller will not be liable for any damages for personal injury, damage to property other than the supplies sold, loss of earnings or any other loss arising directly or indirectly from any defect potentially affecting these supplies.
In the event that the seller is nevertheless held liable, he would only be required to pay compensation which may not be greater than or equal to the sale price of the product.
The warranty does not cover normal wear and tear of the product, nor any defect due to abnormal, faulty or negligent use of the product.
14. FORCE MAJEURE
Circumstances such as strikes, fires, machine breakdowns, supplier delays, epidemics, danger of war, civil war, lack of energy resources, acts of God, supplier bankruptcy, etc. are to be considered as force majeure situations when they have the effect of delaying or making deliveries very difficult. The seller will not have to establish the unforeseeability or irresistibility of these circumstances or the impossibility of performing the contract.
The seller will inform the customer as quickly as possible of the occurrence of one of the circumstances referred to in the preceding paragraph.
The seller reserves the right to extend the delivery time possibly agreed by a period equal to that during which the force majeure event has persisted. Similarly, if these facts may compromise the execution of the order according to the terms provided, the seller reserves the right to terminate the contract without commitment or liability on its part.
15. PROCESSING OF PERSONAL DATA
These provisions respect the client's privacy in accordance with the law of 8 December 1992 on the processing of personal data and other binding provisions of Belgian law in this area.
The controller of your personal data is 9 bulles SPRL trading under the name 9 bulles, having its registered office at 4170 Comblain-au-Pont Rue Halleux 38, registered with the BCE under number 0544 858 304 and with VAT under number 544 858 304.
9 bulles is active in the marketing of maternity and nursing clothing with accessories.
9 bulles can be reached 24 hours a day, 7 days a week at the following email address: info@9bulles.be
The personal data communicated to 9 bulles are processed by it for the management of its customers, which includes in particular the management of the latter's pre-contractual and contractual relations and the information of the latter as well as for the purposes of commercial prospecting (direct marketing).
The customer may object, upon request and free of charge, to the processing of data concerning him/her for commercial prospecting purposes (direct marketing).
Furthermore, the customer has the right to obtain, free of charge, the rectification of any inaccurate personal data concerning him.
16. APPLICABLE LAW and COMPETENT JURISDICTION
Disputes relating to the interpretation and execution of these general terms and conditions of sale are exclusively governed by Belgian law.
For any dispute relating to the execution and interpretation of these general terms and conditions of sale, the courts of the district of Liège (including the Justice of the Peace of the second canton of Liège) will have exclusive jurisdiction.
This clause remains valid in the event of lis pendens, connection or warranty claim.
