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1. PREAMBLE
These terms of use and general conditions of sale (hereinafter the "Terms") apply exclusively between any user of the online sales site www.dorilou.com (hereinafter the "site") and the company Doriane van Overeem whose registered office is 281, chaussée de Tirlemont 5030 Gembloux Belgium, registered at the BCE under number 0632.475.236 (hereinafter "Dorilou" or the "Seller").
Purchases of products offered for sale on the site are reserved for major non-commercial individuals with full legal capacity (hereinafter the "Customer").
The Customer agrees to read these Terms and Conditions carefully before using the site. The fact of placing an order on the site implies the full and complete adhesion of the Customer to the present GTCS which he/she/they acknowledges having read.
2. PRICES
The prices of the products indicated on the site are in euros, all taxes included and do not include the participation to the expenses of delivery, whose amount is specified before the final validation of the order by the Customer.
In case of price error, which may be due to a technical problem, Dorilou reserves the right not to accept the order. The products remain the entire property of Dorilou until full payment of the price. Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
3. PRODUCTS
The products offered for sale are on the site within the limits of their availability, and the offers remain valid as long as they are visible on the site.
Dorilou reserves the right, at any time, to withdraw any product for sale on the site.
In case of unavailability of a product after validation of the order, the Customer is informed quickly by email and the missing product(s) is (are) automatically canceled and refunded.
The descriptions of the products on sale on the site are given as an indication. In the same way, the photographs can slightly differ from the reality, in particular because of the configuration of the display parameters of the computer used, and do not have contractual value.
4. ORDER
In order to place an order, the Customer must register or identify herself/himself/themselves by her/his/their account and follow the online purchase process by adding the products in her/his/their basket. By visiting the shopping cart page, the Customer can take note of the different delivery methods and their cost, as well as the countries of delivery.
After validating the order and choosing the method of delivery, the Customer will have to check the products ordered and take note of the GTC. Once she/he/they has clicked on "Pay my order", she/he/they is presumed to have accepted the GTCS, the price of the products, the contents of her/his/their order as well as her/his/their delivery address.
After payment, the Customer will receive an order confirmation email. This email does not constitute the acceptance of the order by Dorilou, who reserves the right to refuse an order, especially in the case of an order whose character is abnormal (notably because of the prohibition of purchase of products for resale), claims, exchanges or abnormal or abusive returns, existing litigation with the Customer, non-payment of a previous order.
Dorilou can not be held responsible for a typing error on the part of the Customer and that would not allow the receipt of the confirmation email and / or the delivery of the order.
5. DELIVERY
Dorilou makes every effort to ensure that the order is delivered as soon as possible.
From the dispatch of the order, the average delivery time is between 2 to 15 working days depending on the delivery area and because each item is made upon order to avoid wasting resources.
Delivery may, however, be delayed for reasons beyond the control of Dorilou. In this case, Dorilou undertakes to keep the Customer informed of the situation.
If the package is damaged or its contents do not comply with the order, the Customer must contact the Dorilou's e-shop Customer Service within fourteen (14) days of receipt of the products, to initiate the return of the products according to the procedure described above.
6. RIGHT TO RETRACT
6.1 - Exercise of the right of withdrawal
The Customer has a right of withdrawal of fourteen (14) days following the date on which she/he/they received the products, in order to return the product(s) ordered without having to justify herself/himself/themselves or to pay penalties, in accordance with Directive 2011/83 / EU of 25 October 2011 as transposed.
Any withdrawal of order must be notified :
- by email to info@dorilou.com
- by mail at :
Doriane van Overeem
e-shop Customer Service
380, Avenue de la Couronne, boite 2
1050 Bruxelles
Belgium
6.2 - Terms of return
After notifying Dorilou of its withdrawal, the Customer must return the products concerned within a maximum period of 14 days from this notification.
The return of the products within the framework of the exercise of the right of retraction must be carried out in accordance with the conditions described in article 7.2 below.
The reimbursement of products related to the right of withdrawal will be made within fourteen (14) calendar days from the date of receipt of products by Dorilou.
7. EXCHANGE AND REFUND OF PRODUCTS
7.1 - Money back guarantee
Without prejudice to the provisions on the right of withdrawal contained in article 6, Dorilou offers the Customer a period of 14 calendar days to retract and 14 calendar days to return the product from the date of receipt of the products to return all or part of her/his/their order does not give her/him/them satisfaction, in order to exchange, or to be reimbursed.
No product bought on the site can not be taken back in store.
In case of abnormal or abusive returns, Dorilou reserves the right not to accept the return and refuse a subsequent order.
7.2 - Terms and conditions of return
All products returned by the Customer, whether under the right of withdrawal or the money back guarantee, must not have been used, damaged, soiled or washed by the Customer. They must be returned complete, with their bags and / or labeled in an appropriate packaging.
The return costs are the responsibility of the Customer. The delivery costs invoiced during the shipping of your order are refunded to you only within the framework of the exercise of your right of retraction within 14 days as from the date of reception of your parcel and only if you return your entire order.
The products must be returned to our warehouse at the following address :
Doriane van Overeem
e-shop Customer Service
380, Avenue de la Couronne, boite 2
1050 Bruxelles
Belgium
Dorilou can not be held responsible for any loss or damage occurring during transport, so it is recommended that the Customer use a tracking service. In case of loss or damage during transport, the Customer must contact her/his/their carrier directly.
If the items are not received at the warehouse, Dorilou will not be able to process the return.
7.3 - Refund
Once returned products verified by Dorilou, the Customer will be refunded in accordance with the mode chosen on her/his/their return. The refund will be made within thirty (30) calendar days from the date of receipt of the products by Dorilou.
8. LEGAL GUARANTEES
All the products benefit from the legal regime of the guarantee of conformity envisaged in the Code of the consumption, as well as from the guarantee of the hidden defects of the Civil code, as long as the use was normal and the advice of maintenance have been followed :
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
She/he/they also responds to the lack of conformity resulting from the packaging, assembly instructions or the installation when it was charged to her/him/them by the contract or was carried out under her/his/their responsibility.
To be in conformity with the contract, the property must :
1) Be fit for the usual use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that she/he/they has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or her/his/their representative, in particular in advertising or labeling;
2) Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price if she/he/they had known them.
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
9. INTELLECTUAL PROPERTY
All intellectual property rights of the site and its contents belong exclusively to Dorilou. Any reproduction, use or partial or total modification of an element of the site, in any form whatsoever, can not be carried out without the express authorization of Dorilou which reserves the right to initiate proceedings for the title of the intellectual property.
The Customer is granted a limited license, including the viewing and use of the site in a personal capacity, and excluding the downloading or modification of the contents, in whole or in part, without the express written consent of Dorilou. This license excludes any use of the site for commercial or resale purposes, any retrieval and use of descriptions or prices of products, any use derived from the site or its contents, or any use of data mining tools, robots indexing or data collection and extraction tools. It is forbidden to reproduce, duplicate, copy, sell, or otherwise exploit all or part of the site for commercial purposes without express written permission. It is prohibited to use techniques to incorporate any trademarks, logos, proprietary information (including images, text, page layouts or forms) belonging to Dorilou without express written permission. It is forbidden to use meta tags or any other "hidden text" using the name or trademarks without express written permission.
10. PROTECTION OF PERSONAL DATA
The personal information collected on the site is processed by Dorilou for Customer Relationship Management and Prospecting purposes. They are accessible at any time in the "My Account" section.
In accordance with the law of January 6, 1978 relating to computers, files and freedoms, amended in 2004 (hereinafter the "Data Protection Act"), the Customer has a right of access, rectification, of deletion and opposition relating to personal data concerning her/him/them. To exercise this right, she/he/they must send a letter to the following address:
Doriane van Overeem
e-shop Customer Service
380, Avenue de la Couronne, boite 2
1050 Bruxelles
Belgium
Dorilou does not transmit any personal information to third parties for the purpose of prospecting, but may be required to disclose it to legally authorized bodies and authorities, to the extent that disclosure is required or permitted by law, or when Dorilou will deem it necessary or appropriate to comply with applicable laws and other laws, or to protect or defend its rights or those of its employees, customers or any other person.
If the Customer has previously accepted it, she/he/they may receive marketing emails from Dorilou which she/he/they can unsubscribe. For emails, by clicking on the unsubscribe link at the bottom of each email received. All the personal information is stored at the host of the site, whose coordinates appear on the site under the heading "Legal Mentions". In no case, Dorilou requests to confirm by email account details or those of a credit card. If the Customer receives an email allegedly sent by Dorilou requesting such information, it must not respond.
11. USER COMMENTS, FEEDBACKS AND OTHER SUBMISSIONS
If, at our request, you send certain specific information, or without our request you send creative ideas, suggestions, propositions, plans, or other materials, whether online, by email, at our postal address, or in any other way (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any way any comments that you send us.
We are under no obligation :
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to answer to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone else, or mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments that you posted.
12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be some information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges and time, and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (even after you have submitted your order).
We have no obligation to update, amend or clarify any information in the Service or on any related website, including, pricing information, except as required by law.
13. RESTRICTED USE
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to sollicitate others to perform or participate in any unlawful acts;
(c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that may be used tol affect the functionality of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14. DISCLAIMER OF WARRANTIES; LIMITS OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, secure or error-free.
You agree that from time to time we may remove the service for an indefinite time or cancel the service at any time, without further notice.
You also agree that your use of, or inability to use, the service is at your sole risk.
The service and all products delivered to you are (except if we expressly state it) provided 'as is' and 'as available' for your personal use, without guarantees or conditions of any kind, including all implied guarantees or conditions of sales, merchantable quality, fit for a particular purpose, durability, title, and non-infringement.
In no case shall Dorilou, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim.
Nor should they be liable for any direct, indirect, incidental, punitive damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages based in contract.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15. INDEMNIFICATION
You agree to indemnify, defend and hold Dorilou, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
16. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. COOKIES
This "COOKIES" section allows you to find out more about the origin and use of the browsing information processed during your consultation of our site and your rights.
For more information, you can also visit the Shopify website and in particular the page : https://www.shopify.com/legal/cookies
So, during the consultation of our site, information about your navigation are likely to be saved in "Cookies" files installed on your terminal (computer, tablet, smartphone, etc.). We issue these cookies to facilitate your browsing on our site. They can also be issued by our partners in order to personalize the advertising offer sent to you outside our site. Moreover, cookies may be included in different areas of our site. These spaces may display advertising content from advertisers on your device. Only the issuer of a cookie may read or modify the information contained therein.
- Establish statistics of attendance (number of visits, page views, abandonment in the order process) to monitor and improve the quality of our services.
- Adapt the presentation from our site to the display preferences of your terminal.
- Memorize information entered in forms, manage and secure access to reserved and personal areas such as your account, manage your shopping cart.
- Provide you with content, including advertising, related to your interests and personalize the offers we send you
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and provide our services to our customers.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server protected by a firewall.
18. THIRD-PARTY SERVICES
In general, the third-party providers that we use will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide us. However, some third-party service providers, such as payment gateways and other payment transaction processors have their own privacy policies. They respect the information we are required to provide them for your purchase-related transactions.
For these providers, we recommend you to read their privacy policies so that you can understand how your personal information will be handled by these providers.
Also remember that some providers may be located or have facilities that are located in a different jurisdiction than either you or us.
So if you choose to proceed with a transaction that involves the services of a third-party service provider, then your information may be under the laws of the jurisdiction(s) in which that service provider or its facilities are located.
For example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, your personal information may be disclosed under the United States legislation.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer under our Privacy Policy and Terms of Service.
Links :
When you click on links on our store, they may direct you on another website. We are not responsible for the privacy practices of other websites and we encourage you to read their privacy statements.
Google analytics :
Our store uses Google Analytics to help us learn about who visits our website and what pages are being looked at.
More options are available to manage cookies. Any setting will be able to modify your browsing on Internet and your conditions of access to certain services requiring the use of Cookies. You can configure your browser software so that cookies are saved in your device or, conversely, they are rejected, either systematically or according to their issuer. You can also configure your browser software to that the acceptance or the refusal of the cookies are proposed to you punctually, before a cookie is likely to be registered in your terminal.
If your browser is set to refuse all cookies, you will not be able to make purchases or take advantage of essential features of our site, such as storing items in your cart or receiving personalized recommendations. The configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to change your wishes for cookies.
Parameters of the main browsers.
You may at any time choose to block or disable these cookies by setting the web browser of your computer, tablet or mobile, in accordance with the instructions set by your internet browser provider.
19. MISCELLANEOUS
19.1 - Force majeure
Dorilou will not be responsible for the delay in the execution or non-performance of all or part of its obligations, if this is caused by an event constituting force majeure, especially in case of disruption or total or partial strike of postal services and means of transport and / or communication, flood or fire. Dorilou will notify the Customer of an event constituting force majeure, at the latest within five (5) working days of its occurrence. Dorilou will make its best efforts to inform the Customer, as soon as possible, the terms of processing of her/his/their order during the duration of the case of force majeure.
19.2 - Partial invalidity
If one of the provisions of these GTCS was found to be void or unenforceable, the remainder of the GTCS would remain in force, unless the invalidated obligation is an essential obligation whose removal or cancellation would prevent the continuation whole terms and conditions.
19.3 - Retention and archiving of transactions
The archiving of the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy.
19.4 - Change of Terms and Conditions
Dorilou reserves the right to change, modify, add or delete any part of these Terms and Conditions, at any time. Any modification made to the GSC will be published on the site. The date at the beginning of these T & Cs will be modified to indicate the last revision date. the terms and conditions applicable to an order are those in force on the date of payment of the order.
19.5 - Mediation
In accordance with the EU Regulation 524/2013 on the online settlement of consumer disputes and the Directive 2013/11 / EU on the out-of-court settlement of consumer disputes, if the Customer has a dispute regarding one of her/his/their orders with Dorilou, she/he/they has the right to free use of a consumer mediator for the amicable resolution of this dispute.
The dispute can only be examined by the consumer ombudsman when :
a) The Customer justifies having tried, beforehand, to resolve his dispute directly with the Seller by a written complaint;
b) The Client has submitted his request to the mediator within less than one year from his written complaint to the Seller.
The request must be neither manifestly unfounded nor abusive. Finally, if the dispute has already been examined or is under consideration by another mediator or a court, or is outside its jurisdiction, the mediator will have to reject the request.
In the event that her/his/their request is not admissible, the Customer is informed by the mediator of the rejection of his request for mediation, within a period of three weeks from the receipt of her/his/their file.
19.6 - Applicable law and competent jurisdictions
These Terms are subject to Belgian law. In case of dispute, the Belgian courts will be competent. The parties undertake, however, to seek an amicable solution before any legal action.
