General terms and conditions

General terms and conditions of sale of Mère & Fille

Article 1 - Purpose and scope of application

1.1. These General Terms & Conditions of Sale (hereafter the "General Conditions") define the rights and obligations of the parties in the context of the sale of products (hereafter the "Products"), from the website www.mereetfille.be (hereafter referred to as the "Site") and in connection with the use of that Site. These General Conditions govern any Product sales made on the Site.

1.2. The General Conditions are agreed between, on the one hand, the Belgian company GHLM bvba, registered with the Crossroads Bank of Enterprises under number 0676.619.045 (VAT BE 0676.619.045), whose head office is situated in Tervuren, Elisabethlaan 24, 3080 Tervuren, Belgium, hereafter referred to as the "Seller" and, on the other hand, any person visiting the Site and wishing to make purchases there, hereafter referred to as the "Customer". The Customer and Seller are hereafter jointly referred to as the "Parties". The Parties agree that their relationship shall be governed exclusively by the General Conditions, excluding any conditions previously posted on the Site.

1.3. Any order for a Product offered on the Site (hereafter, the "Order") shall assume the General Conditions have been read and explicitly agreed to by the Customer beforehand, without this acceptance needing confirmation by signature in writing on the part of the Customer. In accordance with the provisions in the Law of 9 July 2001, laying down certain regulations relating to the legal framework for electronic signatures and certification services, it is recalled that acceptance of a purchase order as specified in Article 5 of the General Conditions shall constitute an electronic signature which has the same validity between Parties as a handwritten signature, and shall be proof of the completeness of the order and of the sums due in fulfilling the said order being payable.

1.4. The General Conditions shall relate only to private Customers - physical, non-commercial legal entities. Any Customer who wishes to buy a Product on the Site declares having full legal capacity to do so. Any person lacking capacity, within the meaning of Articles 1123 and following of the Belgian Civil Code, cannot purchase from the Site in any way, or must do so through the intermediary, and under the responsibility of that legal representative, identified in accordance with Article 2 of these General Conditions. This legal representative shall be obliged to observe the General Conditions.

1.5. Mère & Fille reserves the right to modify its General Conditions at any time. Customers shall not be notified individually of any changes; it shall be their responsibility to check periodically on the site whether changes have taken place, which will be notified on the homepage.

Article 2 - Description and availability of the Products

2.1. Products offered for sale are those listed on the Site, with a description of their essential characteristics, on the day and at the exact moment the Customer visits the Site, and within the limits of available stocks. The Seller shall make all reasonable efforts to display the availability of the Products in real time on the Site, but cannot be held liable if a Product is no longer available to fulfil an Order placed by the Customer. In the event one or more of the Products is not available, the Customer shall be informed, and shall have the possibility, either to modify the Order, or cancel it, in which case the Order amount will be refunded if payment has already been made.

2.2. Images, captions and other descriptive elements illustrating the Products have no contractual obligations. The Seller shall accept no liability for any errors in these images or captions or other descriptive elements. The Seller shall undertake to do their best to rectify any mistakes or omissions as soon as possible after being notified.

Article 3 - Purchase Price and Delivery Charge

3.1. The price of each Product is displayed on the Site in euros, including VAT (hereafter the "Purchase Price"). For Customers based outside the European Union, the price shall be displayed in EUR, excluding VAT, based on the exchange rate applying on the day of purchase. This Purchase Price does not include the Delivery Charge, also the Customer’s responsibility, nor deduction for any discount granted or credit note issued specifically to the Customer, nor any import or customs duties for Customers based outside the European Union. The Seller reserves the right to alter prices at any time, but the Products shall be invoiced based on the Purchase Price in force at the time the order is accepted, subject to availability.
The price shall be payable in full only, in a single payment.

3.2. When placing an Order, Purchasers shall undertake to pay, in addition to the Purchase Price of the Products ordered, the preparation and delivery charges (hereafter the "Delivery Charge"). The Delivery Charge shall vary depending on the type and quantity of Products ordered, the delivery address, and shall include VAT. The Purchaser may view the amount of this Delivery Charge on the Site, by clicking on "Shopping Cart", where a calculation of the total amount corresponding to the Product Purchase Price and the Delivery Charge shall be displayed. The Company shall reserve the right to change the amount of the Delivery Charge at any time, but the Delivery Charge shall be set on the basis of the rates in effect at the time of accepting the Order, subject to availability. The Delivery Charge shall remain due and payable, and shall not be refunded even if the Customer returns all or part of the Order pursuant to its right of cancellation, in accordance with Article 8 of these General Conditions.

3.3. Any Customer whose Delivery Address is outside the European Union shall be obliged to declare their Purchase to the local VAT authorities or equivalent, and to pay VAT in the country of residence. The Seller shall not be held liable in case of omission. The Customer shall also be liable for paying any import duty and any other duties as appropriate.

Article 4 - Order Process

4.1. To place an order on the site, the Customer must have first created a valid Mère & Fille account (hereafter, "the user account") by completing the form displayed at the time of the first order. The Customer will have to set a username and password. These login details are personal and confidential, and the Seller shall refuse any liability in case of misuse of a user's login details.

4.2. The Seller shall reserve the right to refuse a Customer at any time, in case of payment default for previous purchases, for example, or frequent, abnormal or abusive item returns. The Customer shall be notified of such refusal by email sent to the address provided at registration.

4.3. The order process shall be as follows:
Selecting items and the associated options;

• ● Adding to cart;
• ● Confirming contents of shopping cart;
• ● Identification on the website www.mereetfille.be;
• ● Selecting delivery method;
• ● Selecting payment method and accepting the general conditions;
• ● Processing payment;

To place an Order, the Customer must go to the part of the Site reserved for account holders, giving username and password. The Purchaser must then complete the order form displayed on the Site, where they shall enter the information necessary for identification, including last name, first name, and delivery address. The Seller shall not be held liable for any consequences from entering inaccurate details. After filling in the order form, the Purchaser shall be asked to complete the order process, by clicking on "Place Order", by which the Member shall confirm accepting fully and without reserve all current General Conditions, shall confirm the Order definitively and shall agree to pay the full amount due, namely the Purchase Price plus the Delivery Charge, if applicable diminished with purchased vouchers. From this moment the Customer shall be bound under contract.

4.4. Once the payment has been accepted, the Customer shall shortly receive an automatic confirmation email, showing, among other things, date of Order, products purchased, Purchase Price, Delivery Charge, Delivery Address and any other delivery details, as well as the policy regarding the right of cancellation. Data recorded by the Seller, as well as the Order Confirmation, shall constitute proof of the contractual relationship between the Parties. In the event payment is not accepted, the Customer shall receive an email informing that their order cannot be sent due to failed payment.

4.5. The Seller shall reserve the right to decline or cancel any order or delivery in the event of (i) existing dispute with the Customer, (ii) total or partial non-payment for a previous Order or (iii) declined authorisation for payment by credit card or other payment method by a banking institution or any other payment processing organisation. In such event, the Seller shall not, under any circumstances, incur any liability.

Article 5 - Payment methods

5.1 Payment for purchases shall be made by credit card Visa, Mastercard, Bancontact/Maestro, or by any other means of payment available on the Site. The Seller shall select one of the available payment methods when confirming the order. For payment by credit card, the Customer shall enter the name as it appears on the credit card, the card number, expiry date and CVV code. Some issuing banks may request an additional signature of the digipass type. The issuing bank will authorise or decline payment. Title in the Product(s) ordered shall remain with the Seller until payment of the Purchase Price and Delivery Charge shown in the Order is made in full.

5.2. The Seller shall in no event be held liable for any damages resulting from fraud or other illegal action by a third party using a debit or credit card or any other data belonging to the Customer.

Article 6 - Delivery

6.1. Delivery shall be arranged by the Seller to the address provided. A sales invoice shall be provided to the Customer upon delivery. Delivery times may vary depending on the delivery location. The Customer is requested to contact the Seller for further details regarding these delivery times. The courier shall arrive at this address between 8am and 6pm on business days and will hand the package over to the addressee or any other person present at the address.

If no-one is in, a card will be left in the letterbox at the address given. It shall then be the Customer’s responsibility to contact the delivery company and rearrange delivery. If the Customer does not rearrange delivery within one week of the first delivery attempt, or is out during this further delivery attempt, the Order shall be returned to the Seller automatically, who shall contact the Customer to rearrange delivery of the Order. In this event, additional delivery costs may be charged to the Customer.

6.2. Risk transfers to the Customer at the point of delivery. Each delivery shall be deemed complete once the Product is made available in accordance with the delivery method selected by the Customer to the delivery address selected. Proof of delivery will be effected through the check system used by the delivery driver.

6.3. It shall be the Customer's responsibility to check deliveries on arrival and to notify any apparently reasonable concerns or complaints, or even refuse the package if likely to have been opened or if showing any signs of damage. Such concerns or complaints relating to Product delivery must be notified directly to the delivery company by registered letter, with proof of delivery, within three working days of Product delivery, and a copy sent by post or by email to the Seller.

Article 7 - Right of cancellation and returns process

7.1. If the Customer changes his mind about any item purchased from the Site, they shall have a period of fourteen (14) calendar days, from the day after delivery, to cancel the purchase, without penalty, and without having to give a reason, in accordance with the European and national legislation applicable to these General Conditions (*). This right of cancellation shall not apply to Products that have been made or adapted to order, nor to diamonds. The Customer must notify the Seller of their intention to invoke the right of cancellation, within this period of fourteen days. The Customer shall have ten (10) calendar days in which to return Products to the Seller, from the point of notifying their intention to return all or part of the Order. Failure to meet this deadline means the Customer shall lose the right of cancellation, and shall lose the right to a refund.

7.2. Returns to the Seller must be sent to the following Seller address, unless otherwise advised to the Customer, using any means chosen by the Customer, who must retain proof of shipment: GHLM bvba, Elisabethlaan 24, 3080 Tervuren. The costs of returns, and risk, shall be the responsibility of the Customer. We strongly recommend the Customer to insure the parcel.

7.3. In the event the Customer invokes the right of cancellation, in accordance with the terms agreed in the preceding paragraph, the Seller shall agree to refund the Purchase Price to the Customer, within thirty (30) days at most from receipt by the Seller of the return parcel, provided that the conditions outlined above have been met. However, the delivery charge shall remain payable even in the event the entire parcel is returned. The refund shall be effected as follows: if the Customer made payment for the Order by credit card, a credit for the items returned shall be applied to the credit card account used by the Customer to pay the Purchase Price, diminished with the amount of any credit note(s) or discount(s) used to pay for the Order, after checking the items returned. The refund to the Customer shall be effected in accordance with the terms agreed with the card-issuing bank. If the Customer paid for the Order using another form of payment, the refund shall be made by transfer to the bank account number provided on the returns note. If there is no valid bank account number on the returns note, the refund from the Seller shall be effected in the form of a credit note valid for use on the Site.

7.4. The Customer cannot invoke this right of cancellation if the Products delivered have obviously been worn, damaged or have parts missing. It is important that the Products be returned properly protected, in their original packaging, in perfect condition for resale (not dented, damaged or tarnished by the customer) accompanied by any accessories, certificate, instructions for use and documentation, to the address shown above, accompanied by the original sales invoice, a copy of which shall be retained by the Customer. Otherwise, they cannot be accepted back. Packages without any means for identifying the sender (returns number, order number, last name, first name, address) cannot be accepted back, either. Items returned which cannot be accepted back shall be held at the Seller’s address, available to the Customer, who shall be required to fetch them back and pay for them. In the event of unusual or abusive returns, the Company shall reserve the right to refuse further Orders.

Article 8 - Statutory guarantee

8.1. The Customer shall be protected under the legal guarantee given in Articles 1649bis and following of the Belgian Civil Code, for any defect present when the item is delivered, if they did not know it or could not have known about the defect at the time of entering into the contract, and where it appears within two years of delivery. In such event, the Customer may require either that the item concerned be replaced, free of charge, within a reasonable time and within the limits of availability of similar items, or an appropriate reduction be applied to the Purchase Price, or the contract be rescinded under statutory provisions. The Purchaser may not, however, demand the contract be rescinded in the event of a minor defect, or in the event that a defect results from wear resulting from the Customer using the item after delivery, or from abnormal use by the Customer or third party.

8.2 The Customer must notify the Seller of their intention to invoke the statutory guarantee, in writing, no later than two weeks from the day they discover the defect. The cost of returning the faulty item, and the risk, will be borne by the Customer.

8.3. The guarantee shall not apply: - for normal wear and tear for certain items; - defects caused by not using as recommended in the technical description on the product page, or as recommended on the certificate; - defects or damage which are the fault of the Customer. For any inquiry or questions, the Customer may contact the Seller's after-sales service by visiting the Site and using the contact form.

Article 9. - Protection of privacy with regard to processing personal data

9.1. The Seller collects personal data concerning the Customer, which is provided to them on the Site. The Seller undertakes not to disclose this data to third parties. This data shall be confidential. It will be used internally only for processing Orders or for the purpose of improving and personalising communications, including letters and emails with information, and in the context of personalising the site according to preferences shown by Customers.

9.2. The Seller shall not sell, distribute, or rent Customer data to third parties. In the event of assignment or of use of personal data by third parties, the Seller shall undertake to notify the Customer in advance, to let them exercise their right to object. The Seller may also provide summarised figures relating to its Customers, sales, trading structure and information on the Site to trusted third parties, but such statistics shall not contain any personal data. The present article cannot, however, prevent assignment or transfer of activities to a third party.

9.3. In accordance with applicable European and national statutory provisions **, the User may exercise the right of access to the file and the right to rectification of information concerning them, by accessing the "Personal Data" area of the "My Account" section. They can exercise their right to erasure of the information concerning them by going to the Site and selecting "I wish to cancel my account” in the "Contact” menu (giving email address, last name, first name, postal address), or by post to the following address: GHLM bvba, Elisabethlaan 24, 3080 Tervuren – Belgium. Furthermore, in accordance with these same statutory provisions, processing personal information collected on the Site has been the subject of a declaration to the Data Protection Authority in Belgium. The Seller is registered as the personal data controller with the Data Protection Authority in Belgium.

9.4. The Site uses cookies. A cookie is a computer file, stored on the hard disk of the user's computer. Its purpose is to report previous visits by the user or Customer to the Site. The Seller uses cookies, among other things, in order to personalise the service provided to users and Customers. Every user and Customer shall have the option to refuse cookies by configuring their Internet browser. The ability to personalise the service provided by the Seller shall then be lost.

9.5. Some web pages on the Site may sometimes contain digital pixel images or "web beacons", which count the number of visitors to the page. These web beacons can be used in conjunction with some of the Vendor's partners, particularly to measure and improve the effectiveness of certain actions. Information obtained from these pixels simply allows statistics to be collected about the use of certain pages on the Site, and to serve customers better.

9.6. When the user visits the website www.mereetfille.be or sends emails, they agree to receive electronic communications from the company GHLM, such as newsletters, and thus be notified regularly of offers posted on the site. They can unsubscribe from this letter by clicking on the link at the bottom of each newsletter, or on the website www.mereetfille.be

Article 10 - Liability

The Seller shall incur an obligation only to use best-efforts at all stages of Site access, Order, delivery and after-sales service. Any indication of expected delivery date shall be merely an estimate. The Seller shall incur no liability for any inconvenience or damage arising from using the Internet, including any interruption to service, external intrusion or the presence of computer viruses, or any circumstances that may qualify as force majeure. In any event, the Seller's liability under these General Conditions may not exceed an amount equal to the paid or payable in the transaction giving rise to such liability, regardless of the cause or form of the action concerned.

Article 11 - Intellectual property

All aspects of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents and more generally by intellectual property as well as by legislation relating to databases. These shall be exclusively the property of the Seller. Customers with their own website who wish to place a simple link for their personal use on their own site directly to the Site are obliged to obtain permission from the Seller. However, any hypertext link to the Site using frames, in-line or deep linking shall be strictly prohibited. In any case, any link, even with implied authorisation, must be deleted on request by the Seller.

Article 12 - Contact and dispute resolution

If the User has any questions about his/her purchase, he/she may contact the Vendor using the contact forms on the Vendor's website or at [email protected]. The Seller will do its best to reply within 5 working days.

Article 13 - Nullity

If one or more provisions of the General Terms and Conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope. The General Terms and Conditions and the order summary sent to the User form a contractual whole and constitute the entire contractual relationship between the Parties. In the event of any inconsistency between these documents, the General Terms and Conditions shall prevail.

Article 13 - Separability Clause

These conditions apply throughout the duration of the online availability of the services offered by GHLM bvba.

Article 15 - Term

Digital records held in the computer systems belonging to the Seller and its partners under reasonable security conditions, shall be taken as evidence of communications, orders and payments between the Parties.

Article 16 - Applicable law - Competent courts  

These General Conditions shall be subject to Belgian law. In case of dispute, an amicable solution will be sought before any legal action. In the absence of an amicable settlement, the courts of the judicial district of Brussels will have sole jurisdiction.

* Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts and their adoption into national legislation (the Belgian Law of 14 July 1991 on commercial practice and data and consumer protection) and (ii) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market and their adoption into national legislation.

** Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and their adoption into national legislation (the Belgian Law of 8 December 1992 on the protection of privacy in regard to processing personal data)