1.Corporate Identity :
The Solutions ZZZ site is operated by Smimouboutik
The company is established as a natural person
Registered office address: Heiligenborre 200, 1170 Watermael-Boitsfort
VAT : BE0666.727.916
Business Number (BCE): 0666.727.916
The contact details of the site operator are as follows :
GSM number: 0486 338 253
E-mail address: firstname.lastname@example.org
2. Scope of application
The present general terms and conditions of distance selling (CGVD) apply to all product orders placed online on our website: https://solutions-zzz.com/fr/. These CGVD apply to purchases made by private individuals only.
We may modify or update these terms and conditions. The date of the change is set out below. The terms and conditions currently in force shall apply at the time of your order. These terms and conditions will apply regardless of any subsequent changes to the order.
The last modification of the CGVD is 05 December 2019.
Before placing an order, the customer must always first read and accept the general terms and conditions of sale. All online orders must be accepted and if the box accepting Smimouboutik's CGVD is not ticked then the order will not be taken into account.
In addition, our website is fully available in French, English and German. Therefore, any contract concluded on our site will be made in these languages. The same language is used for transactions and communications with us.
3. Conclusion and formation of contract :
In order to purchase a product, you must go through the steps described below:
You select the desired product and then indicate the desired quantity. After that you add the product to your shopping cart.
A box appears with general information, i.e. number of items, price, shipping and total price including VAT. After that you can either continue shopping or place the order.
Once you have clicked on the "order" button, a page with all the products in your shopping cart will appear and you can continue your shopping by clicking on a new "order" button.
Once this is done, you will need to complete the four steps displayed on your screen (1. Personal information - 2. Address - 3. Shipping method - 4. Payment). Click on the "continue" button at the bottom to proceed to the next step. You will not proceed to the next step if you do not accept the terms and conditions.
Finally, after you have passed all these steps, an e-mail confirming your order will be sent to you. This will be a summary of your purchase on our site.
4. Prices :
The products will be invoiced on the basis of the prices indicated on the website at the time the order is placed, all taxes included.
The prices mentioned on our website are in euros, and include all taxes and other possible costs. Delivery costs are free of charge.
5. Payment :
When purchasing on the Smimouboutik website, different payment methods are possible: Visa, Mastercard, PayPal and Amazon Pay. The payment system is secured by SSL. A padlock logo will appear in the status bar at the bottom of your browser to show that the payment is secure.
When paying by credit card, your account will be debited a few moments after your order.
Smimouboutik has chosen Mollie as a payment intermediary in order to secure online payments.
6. Delivery and Transfer of Risk Ownership :
The products are delivered to the address you mentioned when ordering. Thus, any information that you indicate when ordering the products engages your responsibility. We are not responsible for the consequences of the communication of erroneous data. Smimouboutik takes care of the delivery costs for delivery addresses in Europe.
The standard delivery time is 5 to 7 days. Delivery times start when an e-mail confirming your order is sent to you. The e-mail will contain a summary of your order as well as a copy of the general sales conditions.
The transfer of risk to the customer takes place upon delivery or handover of the goods. We will not be liable in case of force majeure.
7. Return Policy / Right of Withdrawal :
If you are a consumer, you have the right to withdraw from this contract within 14 days of receipt of the product(s) without having to give any reason or pay any penalty. The withdrawal period expires 14 days after the day "on which you, or a third party other than the carrier and designated by you, takes physical possession of the good or the last good in case of partial delivery".
In order to exercise your right of withdrawal, you must notify Smimouboutik of your decision to withdraw from this contract by means of a clear, unambiguous statement such as a letter sent or an e-mail stating your name, your geographical address and, where available, your telephone number and your e-mail address.
For the withdrawal period to be respected, it is sufficient for you to send your communication on the exercise of the right of withdrawal before the withdrawal period expires.
a. Effects of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery charges, without undue delay and in any event no later than 14 days from the day we are informed of your decision to withdraw from this contract.
We will make the refund using the same means of payment that you used for the original transaction, unless you expressly agree to a different means; in any event, this refund will not incur any costs to you.
We will defer the refund until we have received the product(s) in perfect condition. You must return the goods without undue delay and in any event no later than 14 days after you have notified us of your decision to withdraw from this contract. This time limit is deemed to have been met if you return the goods before the expiry of the 14-day period.
The shipping address will be communicated to you after you have contacted us at email@example.com.
You are only liable for any depreciation in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
b. Exceptions to the right of withdrawal
The right of withdrawal does not apply to the delivery of products that cannot be returned for reasons of hygiene or health protection, if you have unsealed them or, after delivery, have been mixed inseparably with other items.
8. Warranties :
In accordance with the law of 1 September 2004 on the protection of consumers in the event of the sale of consumer goods and according to articles 1649bis to 1649octies of the Civil Code, the consumer benefits from a legal guarantee. The duration of the guarantee covers the consumer good for a period of 2 years for any defect of conformity which appears within 2 years from the reception of the good at the consumer's home.
As regards the burden of proof, if the consumer declares a defect within the first six months after purchase, he does not have to prove that the defect existed at the time of receipt. However, if the defect appears after the first six months, it is up to the consumer to prove the existence of the defect at the time of delivery of the goods.
If the product has a defect during the period of the legal guarantee, the sale will be dissolved and the contract will be terminated and you have the right to request the repair or replacement of the good in question. In the event that the repair or replacement of the product is impossible or disproportionate, you have the right to request a reduction in the price or reimbursement of the good.
9. Responsibilities :
Smimouboutik's liability is limited to possible direct damages and indirect damages that have a causal link with the fault committed such as loss of data or commercial loss. The company is not liable for indirect damages that cannot be foreseen when consulting or concluding a remote purchase on the site. Smimouboutik is also not responsible for inconveniences or damages resulting from the use of the Internet network such as a break in service, presence of a computer virus, etc.
We are not responsible for problems or damages when the products have not been used according to their normal use. Therefore, you are required to carefully read the user manual supplied with the product, which contains the information to be respected.
However, if a defective product has been delivered and causes damage to the customer, we will pay compensation that is limited to the equivalent of the replacement price of that product. We are not liable for any other damage that goes beyond what has been mentioned.
Smimouboutik is not obliged to comply with any obligation in case of force majeure or if there is a situation beyond our control.
10. Customer service / complaints :
We hope to satisfy our customers, however, if you have any questions or wish to make a complaint about our products or services. Our customer service is at your disposal, please do not hesitate to contact him/her at the following e-mail address: firstname.lastname@example.org, or via the contact form on our website. We will do our best to process your request within five working days, if you have not received a response from us please contact us again.
When you contact us, please provide us with any necessary information about your order such as your contact details and order number.
11. Competent courts and applicable law:
Belgian law is applicable when a contract is concluded between Smimouboutik and its customers.
The company is established in the judicial district of Brussels, which will be competent in the event of a dispute arising from the contractual relationship, unless other mandatory provisions apply. However, the client can also contact the online ODR platform of the European Commission for an extrajudicial settlement: http://ec.europa.eu/consumers/odr/.