Terms and Conditions
Cute & Cosy
Mergellaan 3, 9550 Herzele
Article 1: General provisions
The e-commerce website of Cute & Cozy, a sole proprietorship with registered office at Mergellaan 3, 9550 Herzele and VAT no. BE0799964245 (hereinafter referred to as “Cute & Cozy”), offers its customers the opportunity to purchase the products from its webshop online.
These Terms and Conditions ("Terms") apply to any order placed by a visitor to this e-commerce website ("Customer"). Placing an order via the Cute & Cozy web shop means that the Customer has read and expressly accepts these Terms and Conditions, thereby agreeing to the applicability of these Terms and Conditions, to the exclusion of all other terms and conditions. Additional conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by Cute & Cozy.
Article 2: Price
All stated prices are expressed in EURO, always inclusive of VAT and all other duties or taxes that are required to be paid by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately.
The statement of price refers exclusively to the articles as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website have been compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind Cute & Cozy. Cute & Cozy is only bound by an obligation of means with regard to the correctness and completeness of the information provided. Cute & Cozy is under no circumstances liable in the event of manifest material errors, typesetting or printing errors.
When the Customer has specific questions about e.g. sizes, colour, availability, delivery time or method of delivery, we request the Customer to contact us before placing the order via email@example.com or via the contact form on the website.
The offer is always valid as long as stocks last and can be adjusted or withdrawn at any time by Cute & Cozy. Cute & Cozy cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
Although the images of the products are a true representation of the products offered, Cute and Cozy cannot guarantee that the colors of the products in the images exactly match the real colors of the products. As for the home-made candles and decorative items, these are traditionally manufactured and can always show a slight difference in color and/or slight imperfections, specific to the materials used.
Article 4: Online purchases
The Customer places the items he wishes to purchase in his shopping cart via the “Add to cart” button. Once the order is complete, the Customer goes to the shopping cart where an overview of the articles can be found. If the Customer only wishes to buy 1 item, he can use the “Buy Now” button to speed up the ordering procedure. By clicking on “Checkout” the Customer will be taken to the following page. On this page, the Customer can log in if he already has an account, or enter his e-mail address and choose the delivery method (“Send” or “Pick up”). If Shipping is chosen, he also enters the delivery address here. He can save this information to be able to pay faster next time. Then the Customer presses the button “Continue sending” to go to the next page. There he can again change his e-mail address and delivery address and confirm the shipping method. The Customer then presses the “Go to payment” button and completes his payment.
The Customer has the choice between the following payment methods:
- Bancontact, Maestro, iDeal
- Visa, Mastercard.
Cute & Cozy is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
Items ordered from Cute & Cozy are delivered in Belgium and the Netherlands. Delivery is made via Bpost (Belgium) or PostNL (Netherlands). The Customer will pay additional shipping costs for this, as stated in the ordering procedure. If the order is more than 75 euros (for shipments within Belgium) or more than 100 euros (for shipments to the Netherlands), the shipment is free.
Cute & Cozy strives to deliver all purchased clothing and accessories, as far as possible, within 5 working days. Candles and decorative items will be delivered within 7 working days as far as possible. In any case, the goods will be delivered to the specified address within 30 days of receipt of the order.
All stated delivery times are indicative, the consumer cannot derive any rights from this. Exceeding this term does not entitle the consumer to compensation.
The Customer undertakes to check the delivered goods as soon as possible after receipt and to immediately report any damage and/or qualitative shortcoming of an item or other shortcoming upon delivery to Cute & Cozy via firstname.lastname@example.org .
Cute & Cozy is not liable if the delivered goods have been exposed to abnormal conditions or have been handled carelessly.
Liability for loss or damage passes to the Customer from the moment that he (or a third party designated by him, who is not the carrier) acquires physical possession of the goods. However, the liability is already transferred to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by Cute & Cozy.
Article 6: Retention of title
The delivered articles remain the exclusive property of Cute & Cozy until full payment by the Customer.
The Customer undertakes, if necessary, to inform third parties of Cute & Cozy's retention of title, e.g. to anyone who would seize items that have not yet been fully paid for.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who purchase items online from Cute & Cozy in their capacity as consumers.
The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, has acquired physical possession of the last shipment or the last part.
To exercise the right of withdrawal, the Customer must inform Cute & Cozy by e-mail at email@example.com or via the attached model withdrawal form with an unequivocal statement of its decision to withdraw from the agreement. Cute & Cozy will immediately send the Customer a confirmation of receipt of his withdrawal on a durable data carrier (e.g. by e-mail).
To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to Cute & Cozy, Mergellaan 3, 9550 Herzele without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to Cute & Cozy. The Customer is on time if he sends back the goods before the period of 14 calendar days has expired.
The direct costs for returning the goods shall be borne by the Customer.
Only items that are in the original packaging, together with all accessories (label still attached) and accompanied by proof of purchase can be taken back.
The articles must not be worn, not soiled and not damaged. There should be no animal hair on it.
If the returned product has been reduced in value in any way, Cute & Cozy reserves the right to hold the Customer liable and claim compensation for any reduction in value of the goods resulting from the use of the goods by the Customer that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
If the Customer revokes the agreement, Cute & Cozy will refund all payments received from the Customer up to that point, including the standard delivery costs, to the Customer within a maximum of 14 calendar days after Cute & Cozy has been informed of the Customer's decision. to revoke the agreement. Cute & Cozy can wait with the refund until it has received all goods back or until the Customer has demonstrated that it has returned all goods, whichever comes first.
Any additional costs resulting from the choice of the Customer for a different method of delivery than the cheapest standard delivery offered by Cute & Cozy will not be refunded.
Cute & Cozy will refund the Customer with the same means of payment as the Customer used for the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such reimbursement. Any damages will be deducted from the amount to be refunded by Cute & Cozy.
The Customer cannot exercise the right of withdrawal for goods manufactured according to the Customer's specifications, or for goods that are clearly intended for a specific person, or for hygienic reasons.
Article 8: Customer Service
Cute & Cozy customer service can be reached by e-mail at firstname.lastname@example.org or by post at the following address: Mergellaan 3, 9550 Herzele. Any complaints can be directed to this.
Article 9: Availability of the webshop
Although we are committed to making the Cute & Cozy webshop available at all times, Cute & Cozy reserves the right to interrupt access to the webshop at any time and without prior warning for technical or other reasons. This without us being held responsible for these interruptions and the possible consequences thereof for the Customer.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights that Cute & Cozy has, in the event of non-payment or late payment from the date of the default, the Customer owes interest of 10% per year on the unpaid amount by operation of law and without notice. In addition, the Customer is legally and without notice liable to pay a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, Cute & Cozy reserves the right to take back the not (fully) paid items.
Article 11: Affected validity - non-renunciation
If any provision of these Terms is declared invalid, illegal or void, this will not in any way affect the validity, legality and applicability of the other provisions.
The failure at any time by Cute & Cozy to enforce any of the rights set forth in these Terms, or to exercise any right thereof, shall never be construed as a waiver of such provision and shall never affect the validity of such rights. affect.
Article 12: Evidence
The Customer accepts that electronic communications and back-ups can serve as evidence.
Article 13: Applicable law – Disputes
Belgian law applies, with the exception of the provisions of private international law regarding applicable law.
The courts of the Consumer's place of residence are competent in legal disputes. The Consumer can also turn to the ODR platform ( http://ec.europa.eu/consumers/odr/ ).
Appendix 1: Model withdrawal form
Dear Customer, you only need to fill in and return this form if you want to cancel the contract.
To Cute & Cozy, Nora Brantegem, Mergellaan 3, 9550 Herzele or by e-mail at the following e-mail address: email@example.com .
I/We (*) share(s) (*) hereby inform you that I/we (*) revoke/revoke (*) our agreement concerning the sale of the following goods/provision of the following service (*):
Ordered on (*)/Received on (*):
Name(s) of consumer(s) :
Address consumer(s) :
Signature of consumer(s) [only if this form is submitted on paper]:
(*) Strike out what is not applicable.