GENERAL TERMS AND CONDITIONS OF SALE

1. Preliminaries

   These present terms and conditions are intended to specify the rights and obligations which bind Ms. Malay, acting under the commercial name "Lulutrouvetout.com", having its business at B-1060 Brussels, place Morichar no 47 (hereinafter referred to as the Vendor) and its clients. They apply to any person visiting and/or purchasing (hereinafter referred to as the Client) an article on offer for sale on the web site Lulutrouvetout.com (hereinafter referred to as the Site).

2. Scope of application and acceptance of conditions

   These present General Terms and Conditions of Sale apply to all sales via the Site. The Client can refer to them at any time by clicking on the section 'General terms and conditions of sale’ displayed at the bottom of each page.

   The act of clicking on the icon 'I accept the General Terms and Conditions of Sale’ when the order is signed indicates that the Client accepts all these present General Terms and Conditions of Sale.

   Therefore, the Client acknowledges, by the time the order is signed, that it is aware of the General Terms and Conditions of Sale set out on this screen and agrees explicitly to accept them unreservedly.

   It is not possible to purchase an article via this present Site without accepting the General Terms and Conditions of Sale.

   These present General Terms and Conditions of Sale shall take priority over all other conditions appearing in any other document.

   These present General Terms and Conditions of Sale apply before, during, and after the period of the contract and in the event of legal disputes between parties.

   The contract is considered to be concluded at the Vendor’s address as indicated under Article 1 of the present General Terms and Conditions of Sale, i.e. at the place where the order acceptance is received.

3. Clientele limitation

   Clients are not subject to any geographical limits. The Vendor agrees to deliver in Belgium, Nerderlands, Germany, United Kingdom, Luxemburg and France metropolitan pursuant to the stipulations specified in these present Terms and Conditions. For all other countries (within and outside the EU) the Client must contact the Vendor prior to signing the order by means of the 'Contact’ section in order to ascertain the cost of postage and the delivery method and deadline. The Vendor will not accept any order requesting delivery in a country other than Belgium or France without this prior contact.

4. Ability to enter into a contract

   Each Client which enters into a sales relationship through the online purchase of products put up for sale by the Site is considered to be of age and legally qualified to sign an order. These Clients are also considered capable of entering into sales transactions with the Vendor in accordance with the provisions of the Belgian Civil Code or of being persons entitled to legal authorisation allowing them access to the Site and online purchases.

   The Client guarantees that it is fully authorised to use the bank card which it is deploying, that it is a personal card, and that the card is not being used fraudulently.

   The Vendor reserves the right to refuse an order from a Client with which there is a legal dispute.

   Each person who signs an order for the account of the Client or who asks for an invoice for the Client vouches for the Client, pursuant to section 1120 of the Belgian Civil Code. He or she will still always be personally liable for the payment in the event of the Client failing to make the payment in time.

5. Products

   The products offered for sale are those which appear on the Site for the period of implementation online and within the limit of the available stock. If the product is not available, the Vendor agrees to inform the Client immediately.

   The photographs illustrating the products which appear on the site are purely indicative and do not have any contractual value. The Vendor takes the greatest possible care to ensure that information put online includes full specifications of the articles and that the products offered for sale are described and presented as accurately as possible.

   However, if errors do occur, the Vendor cannot be held liable under any circumstances. Out of concern for a constant improvement in its performances, the Vendor invites the Client to use the 'Contact’ section to point out any possible errors which it may have noticed.

   The client which is not satisfied with the conformity of the supplied goods as compared to the specification given on the Site can exercise the right of retraction, which is allowed within a period of 14 days as specified in section 47 of the act of 6 April 2010 regarding trading standards and consumer protection.

6. Price

   The prices of the products are displayed in euros. The prices shown do not include postage and packing, which will be invoiced in addition to the price of the product and specified to the Client when its order is ratified definitively. The price stated in the order confirmation is the definitive price, including all taxes for Belgium. This price includes the price of the products, handling charges, product packaging, transport costs, and tax.

   The Vendor reserves the right to change its prices on the Site at any time. The price invoiced to the Client is the price entered on the order form and accepted by the Client at the time of ratification.

   The products remain the exclusive property of the Vendor until the goods are paid for in full.

7. Availability

   The products displayed on the Site are legitimate as long as they are visible on the Site within the limitation of the available stocks. The Vendor will do its utmost to deal with all orders. However, in the event of a product being unavailable after the order has been signed, the Vendor shall inform the Client by post or e-mail as soon as possible. The Client’s order will be cancelled automatically. The sum which the Client has already paid for the missing article will be credited to the Client’s bank account which was used to make the payment. This will be done within a period of thirty days from the day on which the sum paid by the Client was received into the Vendor’s account.

8. Order

   The 'basket’ allows the Client to select articles of its choice online. The Client can check the basket, add to it, or change it at any time during its visit to the Site. The contents of the basket will be allocated to the Client definitively after the Client has confirmed its basket and its delivery address, subject to the availability of the articles.

   The Client confirms its order definitively by clicking on 'Confirm your order’.

   Computerised registration systems are regarded as valid evidence of the type, content, and date of the order. The Vendor sends confirmation of acceptance of the Client’s order to the e-mail address which the Client has submitted. The sale is only completed if the order is confirmed. The Vendor reserves the right to cancel any order from a Client with which there is a legal dispute regarding the payment of a previous order. The information stated by the Client at the time of the order is binding upon the Client: in the event of an error in the particulars of the name and address of the intended recipient, the Vendor cannot be held liable for the impossibility of delivering the product.

9. Payment

   The price invoiced to the Client is the price stated on the order confirmation addressed by the Vendor. The price of the products is payable in cash on the day of the actual order. Payment is made by a bank card bearing the initials CB, VISA, or American Express. The online payment system allows the Client to settle up via the bank service Paypal in a secure environment. The order confirmed by the Client will not be considered effective until the bank payment centres concerned have given their approval. In the event of refusal by these appointed centres, the order will be cancelled automatically and the Client will be informed by e-mail.

   The Vendor does not accept payment by cheque.

10. Security - Confidentiality

    The bank card number is sent to the bank service centres, the payment being made directly to a bank without passing through the shop service centre in order to assure the Client that its numbers are known only to the Vendor’s banking partner, the banking service centre Paypal, and cannot be accessed by a third party. Therefore, the Vendor never has access to confidential information regarding the method of payment. This is why the Client is asked to give its bank details with each new order.

11. Delivery

    Once the Client has signed the order, the Vendor will send an e-mail to the e-mail address submitted by the Client when the latter signed its order to specify the components of its order and its registration. The Vendor deals with the Client’s order within a period of four working days after the Client has signed the order.

    Orders are despatched for shipment twice a week.

    Orders are sent via bpack (bpost) or a haulage contractor according to the height and weight of the articles delivered. If the products are sent outside the European zone, customs fees and customs duties are payable by the Client and are not included in the price of the product or the price of transport.

    • For accessories and small movable property (i.e. less than 25kg and for a volume under 0.25m3): The handling period by the postal services for Belgium is 3 working days, for European Countries (european community) countries it’s 4 to 10 working days and for the rest of the world, 5 to 15 working days. Parcels are sent by Bpack with "track and trace". At the time of a Bpack shipment, the Client will receive an e-mail giving it a parcel number allowing it to track the delivery on www.bpost.be.
    • For furniture designated as heavy (i.e. more than 25kg and for a volume higher than 0.25m3) the Buyer is invited to cash and carry at "Lulutrouvetout" address or to ask by email a quote for the transportation. The haulage contractors are not obliged to deliver inside the home. In the event of absence on the day when the haulage contractor calls, the latter will leave a delivery note at the stated delivery address, specifying the name and address, to make it possible to contact him to agree on a different delivery date. Deliveries are made from Mondays to Fridays. At the time of the order it is necessary to point out any specific access problems (e.g. a road which is too narrow or access to a floor without a lift). In the event of an unusual delay in the delivery the Vendor will send the Client an e-mail with the necessary information.

    The Client relieves the Vendor of all responsibility in the event of an excessively long delivery delay caused by postal services and/or haulage contractors. The goods are always transported at the buyer’s risk. The Client will have to verify the proper condition of the goods when the parcel arrives. In the event of a problem (e.g. a missing or damaged product, or a torn, open, or damaged parcel), the Client will have to refuse the parcel imperatively and write down a reason on the delivery note ('parcel refused because it was open, damaged, or other’). The Client will also have to formulate a complaint within a period of 48 hours of the delivery with the haulage contractor or postal services.

    The Vendor must be informed of any fault regarding the delivery on the same day or, at the latest, the first working day following the receipt of the delivery. Any complaint formulated after this deadline shall be rejected and the Vendor shall be discharged of all responsibility. The Vendor reserves the right to ask the buyer to return the faulty product. If the aforementioned conditions are met, the Vendor shall proceed to the exchange or repayment of the defective product(s) and the return of the missing product (subject to the justifiable request of the buyer) subject to availability.

12. Retractions and returns

    Pursuant to section 47 of the act of 6 April 2010 regarding trading standards and consumer protection, the Client has a period of 14 days from the date of receipt of the goods to retract without stating the reason. This right is exercised by the return of the product and the postage costs are charged to the Client. The article (or articles) in its (their) original packaging, together with the original invoice(s), is (are) sent back by the Client to the following address: Dj. Malay - 47 place Morichar 1060 Brussels - Belgium.

    The Client should retain all proof of this return and the date, therefore sending the parcel by recorded delivery. In the event of the exercise of the right of retraction, the Vendor is obliged to provide a refund equal to the price of the purchase of the product or products purchased, without return postage, apart from the return postage which will be borne by the Client. The refund is due within a period of no more than 30 days from receipt of the return. Articles returned incomplete, spoiled, damaged, or defaced cannot be accepted for return by the Vendor and the Client shall be liable for the price of the product. The right of retraction is exercised under the same conditions of the order before the delivery. If the right of retraction is exercised between the date of departure from the workshop and that of the delivery of the goods to the Client’s premises, the postage is still charged to the Client. The risks bound to the return of the product are borne by the haulage contractor.

13. Registered information

    The Vendor agrees to treat information from the Client in a confidential manner, pursuant to national and international provisions, including, amongst other things, the act of 8 December 1992 regarding the protection of the private sphere regarding the handling of information of a personal nature (Belgian Official Gazette, 18 March 1993), modified by the law of 11 December 1998 (Belgian Official Gazette, 3 February 1999).

    The Vendor does not disclose to a third party, share, or sell any information concerning e-mail addresses, mobile telephone numbers, and personal information from clients.

14. Modification of the General Terms and Conditions of Sale

    The Vendor reserves the right to modify the present General Terms and Conditions of Sale at any time. The Client is therefore requested to consult them regularly. In confirming its orders, the Client accepts de facto the new General Terms and Conditions of Sale.

15. Liability

    The Vendor cannot be held liable for any direct or indirect loss (loss of business, loss of profit, or loss of opportunity) which may arise following the use of this Site or the products purchased.

    The Vendor cannot be held liable under any circumstances for errors which may appear in the texts and photographs used within the framework of the description of the products sold.

    The Vendor is not responsible for the content of any other site to which the Client can have access via the Site. It is explicitly agreed through the use of this Site that the Vendor cannot be held liable under any circumstances for any damages whatsoever, direct or indirect, material or immaterial or specific, resulting especially from the consultation and/or use of this Site or other sites which are linked to it, such as the use of textual, voiced, or visual information which could have been collected there, and especially all financial or commercial loss, loss of programmes or information in its data system or other losses.

    The Vendor cannot be held liable for the non-fulfilment of the order in the event of circumstances beyond one’s control, disruption, strike action, flooding, or fire.

    At all events, the responsibility of the Vendor shall be limited solely to the sum of the order and shall not be assumed for simple errors or omissions which may have subsisted despite all the precautions taken in the presentation of the products. The Vendor will not take on any responsibility for any indirect or consequential damage.

    The Vendor cannot be held liable for damages of any kind, either material or immaterial or corporeal, which could result from a faulty operation or the incorrect use of the products sold. This is the same for possible modifications of the products resulting from the manufacturers.

    The Vendor cannot be held responsible for any inconveniences or damages inherent to the use of the Internet network, especially a breakdown in the service, external interference, or the presence of a computer virus, or circumstances blatantly beyond one’s control, in accordance with the law and case law.

    For all stages of access to the Site, from the order process to the shipment of the parcel or subsequent services, the Vendor only has an obligation of due care.

16. Legal disputes and authorised courts

    This present contract is subject to Belgian law. Only the law courts in the judicial district of Brussels are authorised to adjudicate in the event of a legal dispute.