These General Terms and Conditions of Sale (the “GTC”) govern the relationship between

• on the one hand, the public limited company Blue Stores S.A., registered in the Brussels Register of Legal Entities under number BE0446.908.395, with its registered office at Place du Samedi 1, 1000 Brussels, hereinafter referred to as the “Company”
• and, on the other hand, its individual customers (hereinafter the “Customer”), wishing to make a purchase on the website managed by the Company (hereinafter the “Site”) as identified in Article 1 of these GTC.

The Customer and the Company are hereinafter collectively referred to as the “Parties.” These GTC apply to the use of the Site, govern the terms of its transactional functions, and determine the conditions of sale of the various products defined in the Site’s sales catalog as identified in Article 1 of these GTC.

By validating their order on the Site, the Customer acknowledges having read and accepted these GTC without reservation and waives the right to invoke their own terms. No deviation from these GTC shall be accepted without the Company’s prior written confirmation. The Customer also acknowledges that they have the legal capacity to enter into this contract. The Company may, however, decide to subject the validity of the GTC to additional conditions in certain cases, for example, for large orders, advance payments, orders placed by minors, or non-payment of previous orders.

This article provides the identification details of the Site, the Company, and entities legally connected to it through various relationships, such as partners or suppliers. LolaLiza is a trade name used to identify the retail chain distributing women’s clothing products operated by the Company and the legal entities associated with it in this activity. The Company uses the services of service providers and technical platform operators (hereinafter referred to as the “Providers”) to make the Site publicly accessible at the Internet addresses listed in this article.

The Company uses the technical platform and operational management services of the Site provided by: Linelux SA, with its registered office at 16, Allée Marconi, L-2120 Luxembourg, Grand Duchy of Luxembourg, a public limited company governed by Luxembourg law, registered under VAT number LU 20846426, hereinafter referred to as “Linelux.”

The Company uses payment service provider services provided by: Linelux SA, with its registered office at 16, Allée Marconi, L-2120 Luxembourg, Grand Duchy of Luxembourg, a public limited company governed by Luxembourg law, registered under VAT number LU 20846426, hereinafter referred to as “Linelux.”

Adyen NV, with its registered office at Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, The Netherlands, https://www.adyen.com/, a European public limited company under number NL 817154243B01, hereinafter referred to as “Adyen.”

• http://www.lola-liza.com
• http://www.lola-liza.eu
• http://www.lolaliza.eu
• http://www.lola-liza.be
• http://www.lolaliza.be
• http://www.lola-liza.eu
• http://www.lolaliza.eu
• http://www.lola-liza.lu
• http://www.lolaliza.lu

The Redirected Addresses shall be deemed alternative means of accessing the Site and are therefore subject to these GTC. By using one or more Redirected Addresses, the Customer expressly acknowledges that they wish to visit the Site and accept its GTC.

The Company can be reached at the following postal address, which is also its registered office: 1, Place du Samedi, 1000 Brussels, Belgium The Site’s customer service can be reached:

• By telephone at the international toll-free number 00800 3235 32355
• By email at customerservice@lolaliza.com
• By contact form on the dedicated page accessible via the Site’s navigation

The Site’s logistics processing center, where products subject to a Customer withdrawal may be returned, has the following postal address: Lola & Liza Returns - PPRetail Logistics, Boulevard de l'Europe 127, 1300 Wavre, Belgium

The purpose of the Site is to present the LolaLiza retail chain and the products it sells, which are offered for purchase on the Site.

The Site is published in several languages. The GTC are available in all languages of the Site, but the version deemed to form the agreement between the Parties shall be the one corresponding to the language selected by the Customer to visit the Site and place the order.

By placing their order on a specific language version of the Site, the Customer acknowledges that they understand and accept the corresponding version of the GTC as the reference for all exchanges with the Company in connection with their use of the Site.

The Customer may only place an order through the Site. The submitted, paid, and confirmed order shall hereinafter be referred to as the “Order” or “Orders” if multiple instances of Orders are referenced. An Order placed in the name of a natural person shall be deemed to have been placed by that individual. The Customer accepts that the Order is a retail (“B2C”) transaction and not a wholesale (“B2B”) transaction.

To place an Order, the Customer shall complete the following steps:

• The Customer views the products offered for sale on the Site by the Company and, by doing so, accepts that the Company makes every effort to provide photos and descriptions as accurate as possible, acknowledging that the photos on the Site have no contractual value;
• The Customer selects on the Site the product(s) they wish to purchase, specifying, if necessary, size, color, and quantity, and confirms their selection using the Site’s button to add items to the cart or shopping bag;
• The Customer accesses a view of their cart and validates it by clicking the cart validation button, leading them to the login or account creation pages, where they select a shipping method and define the delivery address;
• The Customer confirms their acceptance of the GTC and submits payment information by selecting the desired payment method;
• As soon as successful payment confirmation is provided to the Customer, the Order is deemed valid under the terms of these GTC.

The Customer may only place an Order if they provide a delivery address in one of the countries covered by the Site, as indicated and periodically updated on the Site’s pages. The Company reserves the right to update the list of covered countries without prior notice to Site users. If such a decision affects current orders, the Customers concerned will be informed, and their Orders processed in accordance with the terms applicable at the time of placing the Order.

The contract defined by these GTC shall be deemed concluded between the Customer and the Company once payment for the Order has been accepted by the financial intermediaries mentioned above, regardless of any anti-fraud verifications. The Site will confirm any Order by sending a transactional email summarizing the Order details.

The prices of products and services required to fulfill the Order are indicated including VAT, excluding connection and/or communication fees, which remain the Customer’s responsibility. The prices invoiced are those in effect at the time of the Order.

All prices are indicated in Euros, and the Euro is the only accepted currency for payment of the products that the Customer wishes to acquire through their Order.

All Orders must be paid in full, before shipment, and exclusively through one of the payment methods offered on the Site. Payment security is guaranteed through the use of Providers certified according to the PCI/DSS standard.

If the Customer and the Company agree to settle an Order by another payment method, the Order will only be processed upon receipt of payment, and delivery times will begin from that date.

In the event of unforeseen total or partial unavailability of a product for any reason, the Company may adjust the Order by modifying the ordered quantity and refunding the Customer.

The Company reserves the right to verify all or part of the Orders to ensure compliance with its risk management and anti-fraud policies.

Depending on the results of these verifications, the Company may cancel one or more Orders without justification to the Customer. In such cases, the Company will also cancel any associated payments.

The Company and its Providers collect the products corresponding to the Order and prepare the package (the “Parcel”) to be sent to the Customer to fulfill the Order.

The Parcel is shipped to the Customer by the carrier (the “Carrier”) chosen when placing the Order.

Parcels can only be delivered to countries listed on the Site. Orders for other countries are not possible.

The maximum delivery time for products is set at 30 days for Belgium, from the date of receipt of the Order, provided that the invoice has been paid.

Products will be shipped using the delivery method selected by the Customer on the Site.

Indicated delivery times are average estimates and correspond to processing and delivery times for products destined for Belgium.

In the event of a delay, neither the Company nor the Site shall be held liable for any reason whatsoever. Consequently, the Customer may not claim any form of compensation from the Company. Likewise, the Company reserves the right to split deliveries in case of temporary unavailability of a product.

The Customer explicitly agrees that their Parcel will be available at a pickup location for 14 days after receiving shipment confirmation (the “Availability Period”).

If the Customer does not collect their Parcel during the Availability Period, it will be returned to the logistics center as a return, and the Customer will be refunded. The Customer explicitly agrees that the corresponding Order will be canceled in such cases, and the Company assumes no responsibility for the future availability of the canceled Order’s products.

Any complaint regarding apparent defects, non-conformity of the delivered product, or documentation related to the Order must be formally submitted by the Customer no later than 15 business days from receipt of the Parcel by sending:

• a registered letter to the Company at the postal address indicated in Article 1 of the GTC, OR
• an email to the address indicated in Article 1 of the GTC

The Customer may also call Customer Service at the number provided in Article 1 of the GTC; in any case, they will be required to confirm their complaint in writing.

If no complaint is made within the aforementioned period, the delivered products shall be deemed conforming and accepted as such by the Customer, without prejudice to their statutory right of withdrawal.

If the product received by the Customer does not correspond to the product ordered or is damaged, the Customer must return it to the Site within 14 days following delivery.

The Site will refund the defective product upon receipt and inspection. If the Customer paid shipping costs during their Order, these will be reimbursed at the same rate as charged at the time of the Order. The Customer will also be reimbursed for standard postal return costs corresponding to a package of equivalent size and weight.

After placing the Order, the Customer may request its cancellation as long as the shipment has not yet occurred. Otherwise, the Customer must exercise their right of withdrawal upon receipt of the Parcel.

In accordance with the Belgian law on market practices and consumer protection of April 6, 2010 (the “Law”), the Customer has the right of withdrawal and may return all or part of the products from their Order within 14 days following the day on which the Parcel was received. The exceptions provided by the Law apply without amendment or restriction, particularly when the ordered product has been personalized.

When the Customer has purchased products as part of a bundled offer (“Bundle”), to exercise their right of withdrawal, they must return the entire Bundle to the Company and not just one of its components. Any partial return of a Bundle will be refused.

To return one or more products from an Order, the Customer must:

• fill out the return form indicating the reason for return for each product;
• package the product(s) to be returned, ensuring that the completed return form is included in the parcel (“Return Parcel”);
• send the Return Parcel through a carrier of their choice to the following address: LolaLiza Returns - PPRetail Logistics, Boulevard de l'Europe 127, 1300 Wavre, Belgium;
• Only if the Parcel was delivered in Belgium, drop off the Return Parcel at one of the LolaLiza stores in Belgium.

Return shipping costs are borne by the Customer. The Customer is responsible for the returned products until they are received at the Site’s logistics center.

When the Customer returns one or more products, the Company reserves the right to refuse such returns if quality control checks performed upon receipt yield negative results, notably if the product has been used or damaged by the Customer, if the returned product does not correspond to any Order placed by the Customer, or if the return is made outside the legally prescribed deadlines.

All texts, comments, illustrations, images, and content reproduced on the Site are protected by intellectual property rights.

Any use other than for private purposes constitutes infringement and is punishable under intellectual property law, unless prior written authorization has been granted by the Company.

Any copying, deletion, modification, full or partial reproduction of the Site is strictly prohibited.

Users of this Site may:

• post reviews, comments, or other content;
• submit suggestions, ideas, questions, or other information, provided that such content is not illegal, obscene, abusive, threatening, defamatory, libelous, infringing intellectual property rights, or harmful to third parties, and does not consist of or contain computer viruses, political propaganda, commercial solicitation, mass mailings, chain letters, or any form of “spam.”

Content published by users is their sole responsibility and in no way engages the responsibility of the Company or the Site. Users contributing and publishing content on the Site must not use a false email address, impersonate any person or entity, or misrepresent the origin of content. The Company and Site administrators will make reasonable efforts to monitor and moderate user-generated content. In particular, any insulting, disrespectful, or defamatory content that could harm the products or content offered on the Site will be removed. The Company and Site administrators reserve the right, at their sole discretion, to remove or modify any content for technical (insufficient storage capacity, viruses, page clarity) or legal reasons (defamatory, false, racist, obscene statements, or glorification of crimes against humanity). The reasons mentioned are examples and not exhaustive. When a user publishes content on the Site, they explicitly grant the Site, the Company, and affiliated entities a non-exclusive, royalty-free, worldwide license for the legal duration of copyright to use, reproduce, modify, adapt, publish, translate, distribute, sublicense, and display such content on any medium. The user also grants the right to use the name submitted with the content, whether on dedicated pages or not. The user does not waive any moral rights under these provisions.

By submitting content on the Site, the visitor declares and guarantees that:

• they own or have the necessary rights to the content they submit or publish;
• as of the date of submission: (i) the content is accurate and truthful, (ii) the use of the content does not violate any of the Site’s or Company’s policies, including those concerning privacy and non-defamatory content quality;
• the content does not infringe on any third-party rights (including that it is not defamatory).

The user agrees to indemnify the Site and the Company in the event of a third-party claim against them, except where the Site or Company’s liability could arise for failing to remove content after being notified of its unlawful nature.

By publishing the Site and providing transactional functionalities for online sales management, the Company assumes only an obligation of means.

The Company cannot be held liable for any damage resulting from Internet use, such as data loss, intrusion, viruses, service interruption, or other unintended issues.

The Company shall not be liable for indirect damages attributable to technical malfunctions of the Site, including operating loss, loss of profit, penalties, or damages and costs.

The products offered comply with applicable Belgian and European laws. The Company shall not be held responsible for non-compliance with the legislation of the product’s destination country.

The Company cannot be held responsible for failure to perform the contract in the event of out-of-stock products, unavailability, force majeure, total or partial disruption or strike (notably postal services, transport, or communication means), flood, fire, etc.

The Company undertakes to treat as confidential all information processed by the Site that may identify the Customer as a result of their use of the Site to:

• purchase or obtain a product;
• submit a question, comment, or complaint;
• cancel a transaction and return products;
• submit content as described above;
• obtain information from their account or profile on the Site.

Notwithstanding the foregoing, the Company may disclose aggregate statistics and general demographic information relating to Site activity.

The confidentiality commitment shall not apply if the information is already public or if the Customer has not ensured its protection.

The processing of Customers’ personal data by the Site, the Company, or affiliated entities for customer management purposes is subject to the Belgian law of December 8, 1992, on privacy protection, as amended by the law of February 26, 2003. From the moment of registration, the Customer has full access to their personal data to request correction, modification, or deletion if necessary. The Site and the Company place great importance on respecting the Customer’s preferences regarding authorized uses of their personal data, particularly concerning commercial communications from the Company or its affiliates. An explicit “opt-in” mechanism is always provided to allow the Customer to specify which commercial communications they wish to receive. This does not apply to:

• informational, promotional, or commercial content that may appear in service communications necessary to process the Customer’s requests and Orders;
• dynamic displays that may be activated on the Site to personalize the experience, including the type of offers highlighted;
• traffic and behavioral data generated from Site use, used for Site management purposes and possibly shared with technical platforms or partners for optimization or statistical analysis.

The Customer may cancel their registration at any time. No personal information concerning the Customer will then be retained by the Company, the Site, or affiliates. However, the Company and the Site reserve the right to retain anonymized transactional data for accounting, statistical, or operational purposes.

By visiting the Site, the Customer explicitly accepts the use of configuration files, technically referred to as “Cookies.” The Company undertakes to comply with the provisions of the Law of June 13, 2005, on electronic communications, as amended by Law 2143/010 of June 21, 2012, adopted by the Belgian Parliament.

The Company reserves the right to modify these GTC at any time without prior notice other than updating them on the Site.

The Company will ensure that different versions of the GTC are archived and that a change log is maintained with corresponding dates and times. For validation purposes, the technical server information used for publishing the various GTC versions may serve as proof.

The version of the GTC in effect is the one published on the Site at the time of the Order. Any completed and paid transaction will be subject to the version in force at the time of final payment.

Data recorded by the Site, the Company, or affiliates constitutes proof of all transactions between the Company and the Customer.

Data recorded by the payment systems used by the Site and the Company constitutes proof of all financial transactions.

These GTC constitute the entire agreement between the Customer and the Company in connection with the use of the Site.

The Company reserves the right to assign, transfer, or contribute to a third party, in any form, the rights and obligations arising from this agreement.

The Customer may not assign the contract binding them to any third party, in any form, without the prior written consent of the Company.

The Customer may not share with third parties any information provided for strictly personal use.

If any provision of the GTC is declared or found unenforceable for any reason, the remaining provisions shall remain in full force and effect.

The Company shall replace the unenforceable provision within a reasonable time with a new version as close as possible in spirit and meaning to the original intent. Until replaced, the unenforceable clause shall be excluded, and the rest of the GTC shall remain applicable.

The Company, the Site, and any third party contributing to the operation of the Site or related services shall not be held responsible for failure or delay in fulfilling their obligations as defined in these GTC when caused by circumstances beyond their control, including but not limited to force majeure, acts of civil or military authorities, fires, floods, earthquakes, strikes, riots, wars, sabotage, network failures, software limitations, coding errors, inability to obtain telecommunications services, or government measures, provided that reasonable steps are taken to mitigate the effects of such events.

These GTC are governed by Belgian law, and only the courts of the judicial district of Brussels, sitting in French, shall have jurisdiction to interpret or resolve any disputes arising from their application.