General conditions of sale
You agree to our general conditions of sale when putting in your order.
The consumer customer has the right to notify to the seller that he renounces to the purchase without penalty and without giving any reason, within fourteen calendar dates from the day after the day of the delivery of the product.
In case of exercise of the right of withdrawal, the customer must bear the costs of returning the product.
1. Presentation and definitions
Maman, Jules et Lea (hereinafter named as the seller) is the trade name used by ECL Group SPRL relatively to the marketing of pregnancy and breastfeeding clothes, baby and children's clothes and accessories.
The registered office of ECL Group SPRL is located at Rue Sainte Famille, 6230 Viesville (Belgium), registered in the “Banque Carrefour des Entreprises” under the numberBE 0649 662 349 and for VAT under the number 0649 662 349.
Maman, Jules et Lea can be contacted7 days a week, 24 hours a day at the email email@example.com
For the application of the general conditions of sale, are considered as:
The whole order process can be done in French, Dutch and English language.
The main steps of this process are the following:
2.1. Identification stage
2.2. ORDERING PROCESS
As long as the customer does not click on the tab in order to choose his payment method and to confirm his order, he has the ability to change or correct his order at any time by using the "previous" tab.
Sale to a customer-consumer
In case of online purchase, the consumer customer has the right to notify to the seller that he renounces the purchase without penalty and without giving any reason, within 14 calendar days from the day after the day of the delivery of the product
In this case the customer has to support the direct costs of returning.
Sale to a business customer
In case of online purchase by a professional, the sale is perfect as soon as the latter made the authentication of the electronic order form.
Features and availability of the products
We sell goods which appear in the catalogue published on the website of the seller. Each product has got a description established by the seller.
The photographs in the catalogue are as faithful as possible but cannot ensure a perfect similarity with the product offered, especially as far as the colours, the conditioning, the volumes…. are concerned. The products are offered within the limits of the available stocks.
The customer has the right to apply for the exchange of the product or / and of any accessory within 14 calendar days from the day after the day of the delivery of the product.
In this case, the customer has to support direct returning fees while the sending back costs of the product and/or the replacement accessory are supported by the seller.
The sale of the products proposed on the website of the seller is reserved for buyers who reside in Belgium, France, the Netherlands and the Grand Duchy of Luxembourg and for deliveries required in geographic areas determined by the seller.
The coverage, or not, of the geographical area of the buyer will be mentioned at the time of his order. Only the seller can authenticate an order in a “not covered” area , and at a delivery rate agreed with the buyer and which will be explicitly mentioned in the order confirmation.
Prices are net and without discount, VAT included.
The buyer is obliged to pay immediately when ordering, prior to delivery, the total price either by bank transfer to the account of ECL Group SPRL, Crelan account BE31 1030 4292 1255 (BIC:NICABEBB) or by means of the secure payment system PayPal or HiPay.
In case of express and written approval by the seller for payment after delivery, all the invoices are payable in cash, at the head office of the seller at the time of the delivery or the notice of availability of the product in the seller's commercial premises, unless otherwise expressly stated.
By lack of payment of the invoice within 15 days of the due date, the buyer will be liable to the seller, by right and without prior notice, of the interests of an amount equal to the following rate:
The product will 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 case of delivery delay, the seller will do everything possible to respect the delivery deadlines or propose alternative solutions to the buyer if the delivery delay exceeds 10 calendar days.
Without prejudice to article 12, if there is non-respect of the agreed date-time or delivery-time, the buyer may cancel the sale because of non-delivery within the new agreed time further to the sending of a formal notice by registered letter. This period may not exceed 25% of the initially stipulated period with a minimum of 10 calendar days. In case of termination at the end of the new agreed time, the price or the deposit paid will be returned to the buyer within ten days of the notification of termination.
Without prejudice to article 12, if the buyer acts without professional purposes, in case of non-delivery within a period of 5 working days from the day following the day of receipt of the payment, in case of payment in advance, or transmission of the order, in case of payment after delivery, the latter has the right, through a simple notification to the seller to resolve the sale without prejudice to damages or interests provided that the seller did not send the ordered product yet.
7. PLACE OF DELIVERY
The delivery of the ordered product takes place at the delivery address agreed with the buyer and indicated in the order confirmation. The buyer will bear all the expenses related to the transport of the product. Moreover, the seller cannot be recognized as responsible for delays and/or damages caused during the transport, unless serious or severe fault that would be attributable to him.
Without prejudice to article 11, any complaint relating to the delivery or the conformity of the product as far as the apparent defects are concerned, must be reported to the seller by registered letter addressed to the seller’s address,in 6230 Viesville (Belgium) Rue Sainte-Famille 34, within 8 delivery days. Otherwise, the delivery is considered to have been accepted and no complaint can be invoked against the seller on account of the delivery or visible defects.
In case non-fulfilment by the buyer and when a formal notice remained unsuccessful for a month, without prejudice to article 1184 of the civil Code, the seller has got the right to terminate the contract, without prejudice to the right to damages and interests, at a flat rate compensation of 15% of the total price of the goods, VAT and interests referred to article 4 of these general terms. This article does not apply in case of absolute necessity such as defined in article 12 notified by the party prevailing by registered letter within eight days of its occurrence.
The consumer customer has got the same right against the seller, this one will be exercised in the same way. In case of cancellation of the sale because of the seller’s faults, the seller will owe an indemnity equivalent to that provided for in the previous paragraph.
10. RESERVATION OF OWNERSHIP
Goods sold remain the property of the seller until full payment of the sale price of the product (all the accessories included).
11.1. Lack of conformity - hidden defects
11.1.1. If the law of 01 September 2004 on the protection of the consumers in case of sale of consumables is applicable to the sale:
The products sold are guaranteed against any lack of conformity within the meaning of the Act during a period of fourteen day from the delivery of the product by the seller to the buyer.
The buyer must report the lack of conformity to the seller within a period of fourteen days by means of a registered letter.
In case of lack of conformity within the meaning of the Act of 01 September 2004 connected with the protection of consumers in case of selling of consumer products, the buyer has the right, unless this is impossible or disproportionate, to require the reparation or replacement of the product, within a reasonable time, free of charge and without major inconvenience for the buyer.
If the buyer has not got the right to ask the reparation or the replacement of the product, or if the seller has not made the reparation or the replacement within a reasonable time or without major inconvenience for the buyer, the latter has the right to require an appropriate price reduction from the seller or in case of serious fault, the resolution of the contract, excluding any complaint for additional damages and interests.
This clause does not preclude the guarantee of the latent effects of the thing sold, such as provided for in articles 1641 to 1649 of the civil Code and in article 11.1.2 of these general conditions.
11.1.2. If the law of 01 September 2004 on the protection of consumers in case of sale of consumer products is not applicable:
Latent defects are covered by the contractual guarantee for a period of fourteen days from the day of the delivery of the product by the seller to the buyer.
The buyer must notify the latent defect to the seller, by registered letter, in the shortest period of time, and in any case within a period of fourteen days.
If the reparation is technically impossible, the parties will agree upon the most appropriate way to remedy the defects or the non-conformity, either the repayment of part of the purchase price or the replacement of the product, or the cancellation of the sale, but the buyer cannot claim any other compensation.
After fourteen days, the legal guarantee is applicable if the latent defect existed at the time of the delivery, and if it makes the product unsuitable for the use for which it is intended, or if that reduces the use significantly.
11.2. Apparent defects
The products are only guaranteed against apparent defects subject to respect of article 8 of these general conditions and without prejudice to article 11.1 of the same general conditions.
The seller cannot be liable for damages caused by the use of the products sold, whether the damage is caused to the buyer, the products or any third parties, even during the guarantee period.
Consequently, the seller will not be bound by damages or interests for any persons’accident, damages to other goods than sold supplies, loss of profit or any other damage resulting directly or indirectly from any possible defect of these supplies.
If hypothetically the seller’s liability is involved, his indemnity cannot be superior or equal to the selling price of the product.
The guarantee does not cover the fair wear and tear of the product, or the defect due to an abnormal, incorrect or careless use of the product.
The guarantee ceases to be valid and without warning when:
No application of the guarantee may have the effect to extend the duration.
12. FORCE MAJEURE
Some circumstances such as a strike, fire, a broken machine, the delays of the suppliers, the epidemics, the danger of war, the civil war, the lack of energy resources, the government act, the bankruptcy of the suppliers... are considered as hypothesis of force majeure when they delay or make deliveries very difficult. The seller will have to establish the unpredictability or the irresistibility of the circumstances or the impossibility of the performance of the contract.
As soon as possible, the seller will inform the customer of the occurrence of any of the circumstances referred to in the preceding paragraph.
The seller has got the right to extend the delivery time eventually agreed to a period equal to that during which the force majeure has continued. Moreover if these facts may compromise the execution of the order, in accordance with the terms provided for, the seller has got the right to terminate the contract without any commitment or any responsibility.
13. PROCESSING OF PERSONALDATA
These provisions respect the client’s privacy in accordance with the law of 08 December 1992 concerning the treatment of the personal data and other restricting provisions of the Belgian law in this matter.
The controller of your personal data is ECL Group SPRL trading under the name Maman, Jules et Lea, having its head office at 6230 Viesville (Belgium) Rue Sainte-Famille 34, registered in the”Banque Carrefour des Entreprises” under the numberBE 0649 662 349 and in VAT register under number 0649 662 349.
Maman, Jules and Lea is active in the marketing of pregnancy and breastfeeding clothing, baby and children's clothing and accessories.
You can reach Maman, Jules and Lea 24 hours a day and 7 days a week at the e-mail address firstname.lastname@example.org
The personal data communicated to Maman, Jules and Lea are processed by herself for the management of the customers, that includes the pre-contractual and contractual relationship management of this latest and some information for prospecting commercial purposes (direct marketing) as well.
The client may oppose, on request and free of charge, to the treatment of personal data for prospecting commercial purposes (direct marketing).
In addition, the customer has the right to obtain, free of charge, the correction of any inaccurate personal data.
Some web pages of the site may sometimes contain electronic images or "web beacons", allowing counting the number of visitors of the page. These web beacons may be used with some of the seller’s partners, particularly in order to measure and improve the effectiveness of certain actions. The information obtained through these beacons are used to collect statistics on the use of certain pages of the site, in order to serve the customer in a better way.
14. INTELLECTUAL PROPERTY
All the elements of the seller’s site are his intellectual and exclusive property.
Nobody is allowed to reproduce, exploit, rebroadcast, or use for any reason whatsoever, even partially, some elements of the site whether software, visual or audio.
Any simple or hypertext link is strictly forbidden without a prior express written agreement from the seller.
15. APPLICABLE RIGHT and COURT OF JURISDICTION
The disputes concerning the interpretation and execution of these general terms of sale are exclusively subject to the Belgian law.
Any dispute concerning the execution and the interpretation of these general conditions of sale falls under the exclusive jurisdiction of the courts of the judicial district of Charleroi.
This clause remains valid in matters of lis pendens, related actions or call on warranty.
MODEL OF WITHDRAWAL FORM