TERMS & CONDITIONS
“the consumer has the right to notify the Company that they wish to cancel their purchase, without penalty and without reason, within 14 calendar days starting from the day after the date of delivery of the goods or of entering into the service contract. These Terms & Conditions of Sale (the T&Cs) govern relations between
- Blue Stores, a society registered at the Brussels Register of Legal Entities under company number BE0446.908.395, whose registered office is located at Rue de l'Evêque 26, Brussels, (the “Company”)
- and its customers, individuals, (the “Customer”), who want to purchase from the Company’s website (the “Website”) as identified in article 1 of these T&Cs.
Article 1 - Identification
This article provides information identifying the Website, the Company and the legal entities connected to it by various relationships, such as partners or suppliers. LolaLiza is a trademark used to identify the retail chain brand selling women’s clothes, operated by the Company and the legal entities with which it associates for business activity. The Company uses the services of Service Providers and technical platform operators (the “Service Providers”) to make the Website accessible to the public at the internet addresses set out in this article.
1.1 Service Providers
The Company uses the services of a payment service provider:
Adyen NV, whose registered office is located at Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, The Netherlands https://www.adyen.com/, a limited company (société anonyme) under European law with company number NL 817154243B01, “Adyen”, AND
Atos Worldline, whose registered office is located at 1442 chaussée de Haecht à B-1130 Brussels, Belgium http://www.atosworldline.com, a limited company (société anonyme) under Belgian law registered at the Brussels Register of Legal Entities under company number BE 0418.547.872, “Atos Worldline”.
1.2 Website identification
The Website to which these T&Cs apply has been published on behalf of the Company and is directly accessible at the universal address URL https://www.lolaliza.com. The Company also redirects the URL configured for other domain names that it owns (collectively the “Redirected Addresses”) to this universal address, including but not limited to:
The Redirected Addresses are considered alternative means of accessing the Website and are therefore subject to these T&Cs. By using one or more of the Redirected Addresses, the Customer acknowledges expressly that they wish to visit the Website and that they accept these T&Cs.
1.3 Contact details
The Company can be contacted at the following postal address, which is also its registered office: Rue de l'Evêque 26, B-1000 Bruxelles, Belgique Customer Services can be contacted:
- By email at firstname.lastname@example.org
- Via the contact form on the Website page published for this purpose and accessible via the Website navigation.
The postal address of Website’s logistics processing centre where products subject to Customer cancellation may be sent is: LolaLiza Retours - PPRetail Logistics, Boulevard de L’Europe 127, 13000, Wavre, Belgium
Article 2 - Website purpose, orders and contracts
2.1 Website’s purpose
The Website’s purpose is to present the LolaLiza branded retail chain and the products that it markets offers for purchase on the Website.
The Website is published in several languages. The T&Cs are available in all the languages on the Website, but the version that shall be deemed to apply between the Parties shall correspond to the language selected by the Customer to visit the Website and place an order. By placing an order on a language version of the Website, the Customer acknowledges having read and accepted the corresponding version of the T&Cs as a reference in all their exchanges with the Company in the context of their Website use.
The Customer may only place their order on the Website. The order submitted, paid for and confirmed shall be referred to as the “Order” or the “Orders” if it refers to several different Orders. The Order on behalf of an individual person shall be deemed to have been made by the individual in question. The Customer accepts that the Order shall be a “B2C” retail transaction and not a “B2B” wholesale transaction. To place the Order, the Customer must complete the following steps:
- the Customer views the products offered for sale on the Website by the Company and therefore accepts that the Company has done everything in its power to provide photos and descriptions that are as accurate as possible and acknowledges that the photos published on the Website shall have no contractual value;
- the Customer selects the product(s) on the Website that they wish to acquire, specifying if necessary the size and colour as well as the quantity of the relevant product(s) and confirms the selection using the Website button designed to place the products in the shopping basket or bag;
- the Customer accesses a view of their basket and confirms by clicking on the basket confirmation button which takes them to the page to connect or create their account, with a choice of delivery methods for the merchandise and the definition of the delivery address;
- The Customer confirms that they accept the T&Cs and submits their payment information by selecting the payment method they wish to use;
- as soon as confirmation of successful payment processing is provided to the Customer, the Order is deemed to exist within the scope and limits defined in these T&Cs.
The Order may only be placed by the Customer if they provide a delivery address in one of the countries covered by the Website as indicated and updated periodically on the Website pages. The Company reserves the right to update the list of countries covered without prior notice to the Website users. If such a decision affects orders in progress, the relevant Customers shall be informed and their orders processed in accordance with the provisions in force when the Order is placed.
2.5 Contract conclusion
The contract defined by these T&Cs shall be deemed to have been entered into between the Customer and the Company as soon as the Order has been accepted for payment by the payment intermediaries mentioned above, regardless of whether the Order may be subject to anti-fraud checks. The Website shall confirm all Orders with an email containing all the information relating to the Order.
Article 3 - Price, currency and payment terms
The product prices and services necessary to fulfil the Order are indicated inclusive of VAT, excluding connection and/or communication charges which shall be borne by the Customer. The prices invoiced are those in force when the Order is placed.
All prices are displayed in euros and the euro is the only currency accepted as payment for the products that the Client wishes to purchase with their Order.
3.3 Payment terms
All Orders are payable before the merchandise is dispatched and exclusively using one of the payment methods offered on the Website. Payment security is guaranteed by using PCI/DSS-certified Service Providers. If the Customer and the Company agree that an Order may be paid for using another payment method, the Order shall only be processed at the date of receipt of the Order and the time limits shall only start to run from that date.
Article 4 - Order management
4.1 Product non-availability
In the event of the unforeseen total or partial non-availability of a product for any reason whatsoever, the Company may rectify the Order by modifying the quantity ordered and by refunding the Customer.
4.2 Fraud management
The Company reserves the right to check all or part of the Orders to guarantee that they meet risk management and fraud control criteria. Depending on the results of its checks, the Company reserves the right to cancel one or more Orders without having to provide any justification to the Customer. In these circumstances, the Company shall cancel any payments by the Customer.
The Company and the Service Providers shall select the products that match the Order and prepare the package (the “Package”) which must be sent to the Customer to fulfil the Order.
4.4 Transport and delivery
The Package is sent to the Customer by the transport method (the “Carrier”) which they select when placing the Order. Customer Packages can only be delivered to the countries indicated on the Website. Orders for other countries shall not be accepted. The maximum delivery time for products for delivery in Belgium is 30 days from the date of receipt of the Order provided that the invoice has been paid. The products shall be dispatched by the transport method selected by the Customer on the Website. The delivery times indicated are average times and they correspond to processing and delivery times for products to Belgium. Furthermore, in the event of a delay, neither the Company nor the Website shall be liable for any reason whatsoever. No claim for an indemnity of any kind may be made by the Customer to the Company. Similarly, the Company reserves the right to split deliveries if a product is temporarily unavailable.
4.5 Delivery to a collection point
The Customer explicitly accepts that their Package shall be available for collection at a collection point for a period defined and communicated by the carrier after they have received confirmation that the Package has been dispatched (the “Availability Period”). f the Customer does not take delivery of their Package during the Availability Period, the Package shall be returned to the logistics centre and the Customer shall be refunded. The Customer explicitly accepts that the relevant Order shall be cancelled in this case and the Company shall accept no responsibility for the future availability of the products in the cancelled Order.
Article 5 - Checking delivered products
All complaints about visible defects, the non-conformity of products delivered or documentation relating to the Order shall be formally expressed by the Customer at the latest 15 working days from the Package reception date by sending:
- a registered letter to the Company at the postal address set out in article 1 of the T&Cs, OR
- an email to the address set out in article 1 of the T&Cs
In any event, the Customer shall be asked to proceed in writing to notify their complaints. If a complaint is not made within the time frame indicated, the delivered products shall be deemed to conform and be accepted by the Customer without prejudice to the legal right of withdrawal.
5.2 Defective or non-compliant products
When products delivered do not conform to the order, the legal warranty period of two years applies (article 1649bis et seq of the French Civil Code). All product defects must be notified within two (2) months of the defect becoming apparent. After this period, any right to repair or replacement shall expire.
Notwithstanding the above, you shall not be entitled to any guarantee:
- or normal product wear and tear
- if there is abnormal or irrational product use or if the product is used contrary to its purpose
- in the event of failure to follow the instructions for use and/or maintenance
- if the product is damaged either intentionally or through negligence
- if the product is modified by you or through the intervention of a third party who has not been appointed by the Company.
- in the event of commercial use.
The Website will refund the defective product upon receipt and inspection of the product in question. If the Client has incurred transport costs when sending the Package after placing the Order, those transport costs shall be refunded at the same rate as that in force when the Order was placed; costs incurred by the Customer to return the defective Product shall be refunded at the rate in force for the ordinary postage of a package of the same size and weight as the Package.
Article 6 - Cancellation and withdrawal
Once the Order is placed the Customer may request its cancellation before the Order has been dispatched. Otherwise the Customer must exercise their right to withdraw upon receipt of the Package.
In accordance with the Belgian Law, The consumer is entitled to the legal withdrawal period of 14 calendar days. The consumer has up to 14 calendar days after receipt of his order to indicate that he wishes to return all or part of his order. Exceptions provided for under the Law apply without amendment or restriction, in particular if the product ordered was to be personalised. The Customer shall return the products ordered within fourteen days of communicating their decision to withdraw under the conditions defined in article 6.4 of these T&Cs. The Customer undertakes not to do anything that may reduce the value of the products ordered as a result of manipulations other than those necessary to establish the nature, characteristics and proper functioning of the products. If the products’ quality is impaired because they were used in a matter more extensive than as described above, the Company reserves the right to claim damages from you for each loss of value. The Customer shall be refunded the total sums paid (product prices and any delivery costs) within a maximum of fourteen days following withdrawal by the Customer, unless the Customer fails to return their order by post or parcel post, in which case the refund shall be delayed until the ordered products have been recovered or until the Customer has provided a proof of dispatch, whichever date is first. The right to withdrawal cannot be exercised for contracts for the supply of goods which have been unsealed after delivery and which cannot be returned for hygiene or health protection reasons.
If the customer would like to inform us of your decision to cancel the sales contract by sending us a clear statement, the customer can use the standard withdrawal form provided for this purpose, however this is not binding.
The decision to cancel or return the goods must be sent to: email@example.com
When the Customer buys products as part of a package offer (a “Bundle”), in order to exercise their right of withdrawal, they must return the whole Bundle to the Company and not just one of the products. Any partial return of a Bundle will be refused.
6.4 Returns procedure
To return one or more products from an Order the Customer has two options.
The Customer can return the product free of charge to one of the Company’s shops having completed the return form. The refund shall not be made in cash in the shop. The refund shall be made within 3 days to the original payment method.
The Customer may return their package using the delivery service’s label inserted in the package. They must complete the return form and insert it with the product(s) to be returned.
Transport costs for products returned by the Customer without the label provided shall be borne by the Customer.
The Customer is responsible for the returned products until their delivery to the Website’s logistics centre.
6.5 Quality control
When the Customer returns one or more products the Company reserves the right to refuse the return(s) if the quality controls carried out upon receipt of the products provide negative results, in particular if the product has been used or deteriorated by the client, if the product returned is not included in the Customer’s order, or if the Customer returns the merchandise outside the legal time limit.
Article 7 - Intellectual property
7.1 Website content
The intellectual property rights to all texts, commentary, illustrations, images and all content reproduced on the Website are reserved. All use, other than private use shall constitute an infringement and shall be punishable under Intellectual Property law except with the Company’s prior written authorisation. Any copy, deletion, modification and total or partial reproduction of the Website are strictly prohibited.
7.2 Comments and user-generated content
Website users may:
- express criticism, comments or any other content;
- submit suggestions, ideas, questions and any other information as long as the content is not illegal, obscene, abusive, threatening, defamatory, slanderous, infringing on intellectual property rights or prejudicial to third parties and does not consist of or contain a computer virus, political activism, commercial solicitation, mass mailing, chain letters or any other form of spam.
Content posted by users is their sole responsibility and neither the Company nor the Website shall be held liable under any circumstances. Users who wish to contribute and post content on the Website must not use a false email address, impersonate any person or legal entity, or lie about the content’s origin. The Company and the Website managers undertake to use all reasonable efforts to follow and moderate content produced and published by Website users. Any insulting, disrespectful and defamatory content that might be detrimental to the Website’s products and content shall be removed. The Company and Website managers reserve the right, at their sole discretion, to remove or modify any content, in particular for technical reasons (for example, insufficient storage space, viruses, web page clarity) or legal reasons (for example, due to its defamatory, untruthful, racist or obscene nature or advocating for crimes against humanity). The reasons set out above are examples and should not be interpreted as being exhaustive. When a user posts content on the Website, they expressly agree to grant the Website, the Company and its affiliates the non-exclusive right, free of charge and for the legal duration of the copyright, to exploit, reproduce, modify, adapt, publish, translate, distribute, sub-licence and post such content throughout the world and on all media. The user who posts content on the Website grants the Website, the Company and its affiliates the right to use the name communicated by the user when they submit content on one of the Website’s pages whether or not it was intended for this purpose. The user does not assign any moral rights under these provisions. The user declares and guarantees that in submitting content to one of the Website pages:
- they own or have the necessary rights over the content that they communicate or publish;
- that at the date of content transmission: (i) the content is accurate and truthful, (ii) use of the content does not contravene any of the Website’s or Company’s policies that may be published from time to time, including but not limited to privacy and the content’s non-defamatory nature;
- that it does not harm a third party (in particular that the content is not defamatory).
The user shall indemnify the Website and the Company in the event of a claim by a third party against the Website or the Company except if the Website’s or the Company’s may be held liable for not removing content when it had been notified of its illicit nature.
Article 8 - Limitation of Liability
8.1 Obligation to exercise best efforts
By publishing the Website and making transaction facilities designed to manage online sales available to visitors, the Company only assumes an obligation to exercise best efforts.
The Company shall not be held liable for any loss resulting from the use of the Internet such as loss of data, intrusion, viruses, service interruption or other involuntary problems. The Company shall not be liable for any indirect loss due to the technical malfunction of the Website and in particular operating loss, loss of profit, penalties and damages or expenses. The products offered conform to current Belgian and European law. The Company shall not be liable for breaches of the law in the country where the products are delivered.
8.3 Rupture of stock and force majeure
The Company shall not be liable for the non-performance of the contract in the event of a rupture of stock or non-availability of a product, a force majeure event, disruption or total or partial strike to postal, transport and/or communication services, flood, fire, etc.
Article 9 - Confidentiality and personal data
The Company undertakes to treat as confidential all information processed by the Website that allows the Customer to be identified having used the Website to:
- buy or obtain a product;
- submit a question, commentary or complaint;
- cancel a transaction and return the corresponding products;
- submit content under the conditions set out above;
- obtain information from their account and their profile on the Website.
Notwithstanding the above, the Company may disclose aggregate statistics and general demographic information about Website activity. The confidentiality undertaking is null and void if the information is already in the public domain or if the Customer has not taken care to ensure its protection.
9.2 Protection of personal data
The processing of the Customer’s personal data by the Website, the Company or the Company’s affiliates to manage the customer relationship is subject to the Belgian Protection of Private Life Act of 8 December 1992 as amended by the law of 26 February 2003. From the moment of registration the Customer has full and free access to their personal data and may request, if necessary, its correction, modification or deletion. The Website and the Company attach great importance on the Customer’s wishes with regard to the authorised use of their personal data, in particular with regard to commercial contact from the Company and its affiliates. An explicit “opt-in” mechanism is systematically provided to allow the Customer to declare which marketing communications they are willing to accept, it being understood that the following are not included:
- informative, promotional or marketing content that may be present in service communications necessary to process the Customer's requests and Orders;
- dynamic displays that may be active on Website to personalise the experience, including the nature of offers on the Website;
- traffic and behavioural data exploited following Website used to manage Website activity, this data may be given to technical platform providers or partners for technical optimisation or statistical processing.
9.3 Cancelling registration
The Customer may cancel their registration. No Customer personal information will therefore be stored by the Website, the Company or its affiliates. However, the Company and the Website reserve the right to store anonymous transactional data for accounting, statistical and Website management purposes.
By visiting the Website, the Customer expressly accepts the use of configuration files, known technically as “Cookies”. The Company undertakes to comply with the provisions of the Belgian Electronic Communications Act of 13 June 2005 as amended by draft law 2143/10 of 21 June 2012 enacted by the Belgian Parliament.
Article 10 - Miscellaneous provisions
10.1 Changes to the T&Cs
The Company reserves the right to amend these T&Cs at any time without notice other than updating them on the Website. The Company shall ensure that it archives the different versions of the T&Cs and keeps an up to date record with the changes and the corresponding dates and times. To confirm the dates and times of the T&Cs changes, technical information from the servers and infrastructures used to published the different versions of the T&Cs may be used as evidence. The version of the T&Cs deemed to be in force is the version on the Website at the time the Order is placed. All transactions completed and paid for shall be subject to the T&Cs in force at the time of final payment of all sums due to the Website for the relevant transaction. The data recorded by the Website, the Company or its affiliates shall constitute evidence of all transactions between the Company and the Customer. The data recorded by payment systems used by the Website and the Company shall constitute evidence of all financial transactions.
10.2 Entire agreement
These T&Cs represent the entire agreement between the Customer and the Company in the context of the Website use.
The Company reserves the right to assign, transfer or give to a third party, in any form whatsoever, the rights and obligations of the contract binding the parties. The Customer may not assign the contract to a third party in any form whatsoever without the Company’s prior written agreement. The Customer may not assign to a third party any information provided for strictly personal use.
If any term of the T&Cs is declared inapplicable or found to be inapplicable for any reason whatsoever, the other provisions of the T&Cs shall remain in force. The Company shall ensure that within a reasonable time it replaces the inapplicable provision with a new version that is as close as possible to the spirit and meaning originally intended in the wording of the inapplicable provision. Until the inapplicable provision is replaced, it shall not apply and shall be excluded from the T&Cs. The remaining T&Cs shall apply as they are.
10.5 Force majeure
The Company, the Website and any third party involved or contributing to the proper functioning of the Website and the associated services provided shall not be held liable for breach or delay in the performance of their obligations under the T&Cs which arise from causes beyond their control, including force majeure events, acts by civil or military authorities, fires, floods, earthquakes, strikes, riots, wars, acts of sabotage, network disruption, electronic file coding errors, software limitations or inability to obtain telecommunication services or government measures, provided that the relevant parties take all necessary measures to mitigate the effects of the aforementioned circumstances.
The T&Cs are subject to Belgian law and only the courts of the Brussels judicial district sitting in French shall be competent to interpret and resolve any disputes that may arise from their application.