Terms of Sales
THE NAME “LOLA CARES” OR “LOLA COLLECTIVE” – VAT: BE0794.932.222
- General provisions
These general conditions define, without prejudice to the application of specific conditions, the respective obligations of the contracting parties in connection with orders placed with Laura TOUETTE, operating under the name “ LOLA COLLECTIVE ”, registered with the ECB under number 0794.932 .222, hereinafter referred to as “ the seller ”.
These general conditions of sale are the only ones applicable and exclude the general or specific conditions of the customer that the seller has not expressly accepted in writing. The general conditions are freely accessible at any time on the seller's website https://lc-collective.com/ . By placing an order, the customer declares to have read these general conditions and confirms his acceptance of the rights and obligations relating thereto.
The seller reserves the right to modify these general conditions at any time and without prior notification, subject to making these modifications appear on its website. These changes will apply to all product orders subsequently placed.
- Offers – Orders
To place an order, the customer chooses the product(s) he wishes to order by surfing the seller's website, indicates the contact details requested, verifies the accuracy of the order and then makes payment. his order.
After receiving confirmation of payment for the order from the banking organization, the seller sends the customer a summary of his order, these general conditions or a link to them as well as an indication of the probable execution time of the order. order. The seller reserves the right to suspend, cancel or refuse a customer's order, particularly when there is a dispute relating to the payment of a previous order.
In the event of cancellation of the order by the customer after its acceptance by the seller, a fixed compensation of 30% of the price of the order will be due to the seller as damages.
- Reservation
In the event of a request to reserve an item on the seller's website, a deposit of at least 5% of the sale price of the item will be requested to validate the reservation of this item.
A deposit invoice will therefore be issued.
The exact amount of the deposit will be communicated to the buyer and must be paid into the account mentioned by the seller.
If the said item is not actually purchased within 15 calendar days, the reservation will be canceled and the deposit will be definitively lost and kept by the seller as compensation.
- Price
The price of the products is indicated in euros, all taxes included. Any increase in VAT or any new tax that may be imposed between the time of order and delivery will be borne by the customer.
Any delivery costs are not included in the price indicated and are calculated separately during the order process.
- Time limit
The deadlines set for our deliveries are given, unless otherwise stipulated, for information purposes only. They cannot entitle you to any cancellation of the order or to damages or fines.
- Title retention clause
The seller retains his ownership rights over the products ordered until full payment. The right of ownership of the products is only transferred to the customer after collection or delivery of the items and after full payment of the order. Consequently, the customer expressly refrains from selling, transferring, pledging and in general alienating the goods covered by the contract before his account has been cleared.
The customer will nevertheless remain solely responsible for the loss, even by fortuitous event or force majeure, of the goods sold.
- Right to retract
In accordance with article VI.47 of the Code of Economic Law, the consumer who orders products remotely has a period of 14 calendar days from the date, for the products, of the day of delivery of the products or notification of their availability at the planned collection point, to notify the seller that he is renouncing the purchase, without penalty and without giving reasons. When this deadline expires on a Saturday, Sunday or public holiday, it is extended to the first following working day.
The consumer can notify his wish to renounce the purchase by means of the withdrawal form available on the FPS Economy website: economy.fgov.be or by an unambiguous declaration explaining his decision to withdraw from the contract.
The consumer must return the product(s) upon purchase of which he/she has renounced in perfect condition in its/their original packaging. Direct return costs will be the sole responsibility of the consumer.
The seller will return the amount paid as soon as possible and at the latest within 14 days from the return of the products.
In any case, if transaction fees have been deducted by an external operator (example: Paypal) from the amount paid by the buyer, these will not be reimbursed to the buyer. The seller will then produce proof of the transaction fees and deduct this amount from the refund.
The consumer who opens or uses a product before the expiry of the withdrawal period is deemed to have waived his right of withdrawal relating to this product.
Likewise, the consumer will not be able to exercise the right of withdrawal in the event of purchasing a padding cushion for a bag , in the case of goods made " to measure " according to the consumer's specifications, in application of the article VI.53 of the Code of Economic Law.
- Termination/resolution of order
In the event of non-payment, cancellation or non-compliance by our co-contractor with his contractual obligations, the seller will be owed a fixed compensation of 30% of the total price.
- Order delivery
Delivery times indicated by the seller are provided for information purposes only. A delay in the delivery of the order will therefore under no circumstances give rise to any compensation, termination of the contract, suspension of the customer's obligations or the payment of damages. Unless otherwise stipulated, the order is only delivered to the customer after full payment.
The transfer of risks takes place on departure from our premises and the goods travel at the risk of the buyer, whatever the conditions of transport or delivery. The seller will not be responsible in the event of loss or breakage during transport.
- Customs duties and other taxes
Any customs duties, local taxes or import duties will be the sole responsibility of the buyer and are their entire responsibility, both in terms of declarations and payments to the competent authorities and/organizations.
- Payment delays
Any invoice unpaid when due will be increased automatically and without formal notice, by interest of 12.5% per year and a penalty clause of 10% of the unpaid amount with a minimum of €50.00 by invoice. The individual customer - non-professional - may invoke the benefit of this clause for his benefit in the event of a proven and objectively proven breach of the company, within the framework of reciprocity of obligations.
Any dispute relating to an invoice must reach us, imperatively in writing, within eight days of sending it. In the absence of a dispute within the time limit, the invoice will be deemed accepted.
- Availability
The products offered for sale are only while stocks last. In the event of unavailability of one or more product(s) after payment of the order, the seller informs the customer as soon as possible and gives him the choice between a refund, a modification of his order or a postponed delivery at the end of the out of stock of the available product(s).
- Receipt of the order and complaint
The customer is required to check the apparent good condition and conformity of the products delivered to him with the products ordered. Any complaints must be made in writing within 8 days after delivery of the order or notification of it at the collection point. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order. In this case, no refund or exchange will be possible.
If a complaint proves to be founded, the seller will have the choice between replacing or refunding the price of the products concerned.
- Intellectual property
The information, logos, designs, brands, models, slogans, graphic charters, etc. accessible through the seller's website are protected by intellectual property law. Unless expressly waived, the agreed price does not include any transfer of intellectual and/or industrial property rights.
- Guarantees
The products are supposed to be approved by the customer eight calendar days at the latest after delivery, unless there is a precise and detailed complaint that he notifies before the expiration of this period. The aggregation covers all apparent defects, venial hidden defects and defects in conformity, that is to say all those which it was possible for the customer to detect at the time of delivery.
The seller guarantees the products against hidden defects for a period of one year.
Our warranty is limited, at our option, to free repair or reimbursement of defective products.
Direct return costs will be the sole responsibility of the consumer.
If the buyer is a consumer, he benefits from the rights provided for by the law of September 1, 2004 relating to consumer protection in the event of the sale of consumer goods. In accordance with article 1649 quater §2 of the Civil Code, the consumer is required to inform the seller of the existence of a lack of conformity within a maximum period of two months from the day on which the consumer noticed the defect. .
- Force majeure
The seller cannot be held responsible, either contractually or extra-contractually, in the event of temporary or permanent non-performance of its obligations when this non-performance results from a force majeure or fortuitous event.
The following events are considered in particular to be force majeure or fortuitous events: the loss or total or partial destruction of the seller's computer system or its database when one or other of these events cannot reasonably be expected to occur. be directly attributed to the seller and it has not been demonstrated that the seller failed to take reasonable measures to prevent one or other of these events; earthquakes, fires, floods; epidemics, acts of war or terrorism; the strikes,
declared or not, lockouts, blockades, riots; a stoppage of energy supply; a failure of the internet network or data storage system; a failure of the telecommunications network; a loss of connectivity to the Internet network or telecommunications network on which the seller depends; or any other cause beyond the reasonable control of the seller.
- Applicable Law and Jursdiction
In the event of a dispute between parties or payment proceedings, the courts of the judicial district of Liège have sole jurisdiction.
This contract is governed by Belgian law. In the event of a dispute with a party from another EU member state, all disputes between parties will be brought before the Belgian courts in accordance with article 25 of EU Regulation no. 1215/2012.