Terms and Conditions of Sale

ARTICLE 1. SELLER IDENTIFICATION

LILIETTA SRL HEREINAFTER REFERRED TO AS "THE SELLER"

Voie de l’air pur 153 in 4052 Beaufays (BELGIUM)

VAT: BE0794.411.687

PHONE: +32 4 222 22 67

E-MAIL: INFO@BOUTIQUE-PASTEL.BE

ARTICLE 2. GENERAL PROVISIONS

2.1. ONLY THESE TERMS OF SALE ARE APPLICABLE TO ONLINE SALES BETWEEN THE SELLER AND THE BUYER.

THEY APPLY TO THE EXCLUSION OF ALL OTHER CONDITIONS, EVEN THOSE INCLUDED ON PURCHASE ORDERS FROM THE BUYER. THE SELLER RESERVES THE RIGHT TO MODIFY THESE GENERAL CONDITIONS AT ANY TIME. HOWEVER, ONGOING CONTRACTS REMAIN SUBJECT TO THE CONDITIONS APPLICABLE AT THE TIME THE SALE IS CONCLUDED.

THE AGREEMENT CAN BE CONCLUDED IN FRENCH. FURTHER EXCHANGE OF INFORMATION WILL ALSO BE IN THIS LANGUAGE. THE BUYER MAY NOT INVOKE LACK OF KNOWLEDGE OF THE CHOSEN LANGUAGE TO CLAIM NON-APPLICATION OF ONE OR MORE CONDITIONS.

2.2. THE BUYER MUST ALWAYS READ THE GENERAL ONLINE TERMS AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ON THE SITE.

Any order for a product offered on the site implies prior consultation and express acceptance of the GENERAL TERMS AND CONDITIONS OF SALE by the buyer, without this acceptance being conditional on a handwritten signature by the buyer. In accordance with the provisions of the law of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and serves as proof of the entirety of the order and the enforceability of the sums due in execution of said order.

ARTICLE 3. CONCLUSION OF ONLINE SALE

THE PRODUCT CATALOGUE AND THEIR ONLINE DESCRIPTION DO NOT CONSTITUTE AN OFFER AS SUCH. IT IS THEREFORE NOT ENOUGH TO FOLLOW THE ORDER PROCEDURE ON OUR SITE FOR THE FORMATION OF THE SALES CONTRACT. THE SALE WILL ONLY BE FINALLY CONCLUDED UPON RECEIPT OF THE ORDER CONFIRMATION EMAIL.

FOR SECURITY REASONS, THE SELLER RESERVES THE RIGHT TO ASK BUYERS FOR ADDITIONAL INFORMATION AND TO REFUSE TO EXECUTE THE ORDER IN THE ABSENCE OF AN ADEQUATE RESPONSE.

ARTICLE 4. PRODUCT DESCRIPTION AND AVAILABILITY

4.1. THE POSSIBLE INDICATION OF AVAILABLE STOCK ON THE WEBSITE IS NOT BINDING. In the event of unavailability of one of the ordered products, the buyer will be informed AS SOON AS POSSIBLE, and will have the option to either modify their order or cancel it, in which case they will be refunded the amount of their order (WITHIN 30 DAYS AT THE LATEST) if payment has already been made.

4.2. Photographs, texts and other descriptive elements illustrating the products are not part of the contractual scope. If these photographs and/or texts contain an error, the seller's liability cannot be engaged on this account. The latter undertakes to make its best efforts to correct errors or omissions as quickly as possible after being informed.

ARTICLE 5. PURCHASE PRICE AND DELIVERY COSTS

5.1. The price of each product is displayed on the site (hereinafter the "purchase price") in euros and includes VAT. This price does not include preparation and delivery costs, also borne by the buyer, nor the deduction of any discount or voucher granted to the buyer personally. The seller reserves the right to modify its prices at any time, but products will be invoiced based on the purchase price in effect at the time of order validation, and subject to availability.

5.2. When ordering, buyers undertake to pay, in addition to the purchase price of the ordered products, the preparation and delivery costs (hereinafter the "costs"). These costs vary depending on the type and quantity of products ordered, and the chosen delivery method, and are inclusive of VAT. THESE COSTS ARE ESTABLISHED ACCORDING TO THE BUYER'S DELIVERY LOCATION. The buyer can consult the amount of these costs on the site by checking their "Cart", where a calculation of the total amount corresponding to the purchase price of the products and the costs is displayed. The seller reserves the right to modify the amount of the costs at any time, but the costs will be invoiced based on the rates in effect at the time of order validation, and subject to availability. These costs remain due and will not be reimbursed if the buyer returns all or part of the order by virtue of their right of withdrawal.

5.3. Products are only delivered to countries for which the site authorizes delivery. Buyers wishing to be delivered to one of the authorized countries but to an island within these countries will be charged an additional delivery fee. Any incorrect delivery address is the responsibility of the buyer and may incur additional costs. The indicated delivery times are not binding but are given purely as an indication. No delay in delivery may lead to cancellation of the order or payment of damages to the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of goods, any sums paid by the buyer will be refunded without interest or other form of compensation.

ARTICLE 6. ORDER PROCEDURES

6.1. To place an order, the buyer must fill out the order form provided on the site, on which they will include the information necessary for their identification, notably their name, surname, and delivery address. The seller cannot be held responsible for the consequences of communicating incorrect information. BY VALIDATING THE order form, the buyer declares to fully and unreservedly accept all of these GTC, definitively validates their order and undertakes to pay the full amount due, i.e., the purchase price, increased by fees, and reduced by any purchase vouchers.

6.2. The seller will confirm each order by sending an e-mail to the buyer at the e-mail address indicated by the buyer during their affiliation (hereinafter the "order confirmation"). This order confirmation will notably mention the order date, the ordered product, its purchase price, increased by fees, and the delivery terms. The data recorded by the seller, as well as the order confirmation, will constitute proof of the contractual relations between the parties.

ARTICLE 7. PAYMENT

7.1. THE BUYER CAN MAKE THEIR PAYMENT:

– BY BANK TRANSFER

– BY BANCONTACT

– BY VISA, MASTERCARD

7.2. The ordered product(s) remain the property of the seller until full payment of the purchase price and the fees indicated at the time of the order. HOWEVER, THE BURDEN OF THE RISKS OF LOSS AND DAMAGE RELATING TO THE GOODS CONCERNED IS TRANSFERRED TO THE BUYER UPON THEIR POSSESSION.

ARTICLE 8. DELIVERY

6.1. Delivery is carried out by the seller in Europe.

The order is delivered to the home or to the address indicated by the user. Orders are handled by BPOST and DPD.

6.2. For delivery in Belgium, the seller will make every effort to ensure that the order is shipped to the delivery address within 48 hours following validation of the order and receipt of payment. The delivery person will arrive at this address, between 8 AM and 6 PM, on working days, and will hand over the parcel(s) to the recipient or any other person present at the indicated address.

6.3. For delivery outside Belgium, the seller will make every effort to ensure that the order is delivered within 15 days following order validation. Delivery terms will be specific to the postal services of the country concerned.

The buyer will contact the seller at info@boutique-pastel.be for more information regarding international deliveries and prices.

6.4. The indicated delivery time is for informational purposes only. Failure to meet it will not give rise to any right to damages for the user.

6.5. The transfer of risks to the user occurs when the ordered products are made available to the delivery person. Proof of this availability will be materialized by the control system used by the delivery person.

6.6. It is up to the user to check shipments upon arrival and to make any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears obvious signs of deterioration. THE BUYER MUST PARTICULARLY CHECK THE CONDITION OF THE PACKAGING, THE NUMBER OF PACKAGES AND THE PRODUCTS IN THEIR QUANTITIES, THEIR REFERENCES, THEIR CONDITION AND THEIR CHARACTERISTICS.

Any reservations and claims relating to the delivery of products must be addressed directly and simultaneously to the carrier and the seller, by registered letters with acknowledgement of receipt, within three working days following the delivery of the product(s).

ARTICLE 9. CONTACT

FOR ANY REMARKS REGARDING THEIR ORDER, THE BUYER CAN CONTACT THE SELLER BY SENDING AN EMAIL TO: INFO@BOUTIQUE-PASTEL.BE

ARTICLE 10. WARRANTY

NON-COMPLIANT OR DEFECTIVE ITEMS WILL BE REPLACED FREE OF CHARGE IF AVAILABLE, OTHERWISE THEY WILL BE SUBJECT TO A VOUCHER VALID FOR A FUTURE ORDER, OR A REFUND AT THE BUYER'S DISCRETION.

The warranty is governed by the law of 01.09.2004 relating to warranties.

ARTICLE 11. RETURN PROCEDURES, RIGHT OF WITHDRAWAL AND WAIVER

11.1. Returns must be made within 14 days (right of withdrawal)

11.2 Link to the withdrawal form

11.3 Products should preferably be returned in their original packaging

Within this period, the USER must notify the seller of their intention TO EXERCISE THEIR RIGHT OF WITHDRAWAL in the following manner: by sending an email to INFO@BOUTIQUE-PASTEL.BE with the buyer's name, surname, ORDER NUMBER, and a detailed description of the item(s) being returned.

Items purchased during promotional offers (promo codes, sales, etc.) will not be refunded. However, these can be exchanged for a credit note or for one or more product(s) of an equivalent value to the purchase.

We reserve the right to defer the refund until receipt of the product(s), the date of receipt of the product(s) being the reference date.

The return to the seller shall be made WITHIN FOURTEEN DAYS FOLLOWING THE DECISION TO WITHDRAW to the following address, unless otherwise instructed to the user, by any means of transport chosen by the user, who must keep proof of shipment:

BOUTIQUE PASTEL

RUE DE LA CATHEDRALE 113

4000 LIEGE

11.2. The costs and risks associated with the return shipment are borne by the user.

11.3. IN ADDITION TO THEIR RIGHT OF WITHDRAWAL WITHIN FOURTEEN DAYS FOLLOWING DELIVERY, THE BUYER BENEFITS FROM THE RIGHT TO WAIVE THEIR PURCHASE WITHOUT PENALTIES AND WITHOUT STATING A REASON IF DELIVERY DOES NOT OCCUR WITHIN THIRTY DAYS.

11.4. In the event of exercising their right of withdrawal, the seller undertakes to refund the purchase price to the user, provided that it has already been paid, at the latest upon receipt of the product(s) by the seller.

11.5. The user may exchange the ordered products, under the conditions mentioned above.

11.6. In case of refund for returned products, the seller will credit the credit/debit card used for payment of said products with an amount equivalent to their purchase price, less the amount of any voucher(s) or discounts applied during the order. The user's refund will be processed according to the terms agreed upon with the issuing bank of the card.

11.7. The user cannot exercise their right of withdrawal and/or exchange if the delivered product(s) has (have) clearly been subject to prolonged use (beyond a few minutes), has (have) been damaged or is (are) missing parts.

11.8. The product(s) must imperatively be returned properly protected, preferably in its (their) original packaging, in perfect resale condition (not damaged, spoiled or soiled by the customer) accompanied by all eventual accessories, instruction manual, etc., to the address indicated above. Failing this, they cannot be taken back or exchanged.

11.9. Also, product(s) for which no accompanying element allows identification of the sender (return number, order number, name, surname, address) cannot be taken back or exchanged. Product(s) returned but that cannot be accepted by the seller are held at the disposal of the user at the seller's premises. The user remains obliged to pay their price. In case of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.

ARTICLE 12. PROOF

The computerized records, kept in the computer systems of the seller and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The parties accept in their relations the principle of electronic proof (for example: e-mail, backups, etc.).

ARTICLE 13. MODIFICATION

The seller reserves the right to modify the General Terms and Conditions and will communicate the new version to buyers via the website.

ARTICLE 15. APPLICABLE LAW AND JURISDICTION

ANY DISPUTE WILL BE SUBJECT TO BELGIAN LAW AND THE COURTS OF THE SELLER'S JURISDICTION WILL HAVE EXCLUSIVE JURISDICTION.

IN CASE OF DISPUTE BETWEEN THE PARTIES CONCERNING THE VALIDITY, INTERPRETATION OR EXECUTION OF THIS AGREEMENT, WHICH CANNOT BE SETTLED AMICABLY, THE PARTIES SHALL ATTEMPT TO RESOLVE THE DISPUTE THROUGH MEDIATION OR ARBITRATION.

MEDIATION OR ARBITRATION SHALL BEGIN NO LATER THAN 15 DAYS AFTER THE PARTIES' AGREEMENT ON THE MEDIATOR OR ARBITRATOR.