Terms and conditions
For distance selling.
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
- Reflection period: the period within which the consumer can exercise their right of withdrawal.
- Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
- Day: calendar day.
- Durable transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely.
- Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
- Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same room.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR – WEBSHOP STORE.
- Entrepreneur's name: Bubble Boutique bv
- trading under the names: pullipworld.com
- Registered office & visiting address:
- Bubble Boutique bv
- Postweg 401
- B-1600 Sint-Pieters-Leeuw
- Telephone number: +32 2 466 70 10
- Availability: From Monday to Friday, from 9:30 AM to 4:00 PM
- Email address: info@pullipworld.com
- Enterprise number: 0836073088.
ARTICLE 3 – APPLICABILITY.
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
ARTICLE 4 - THE OFFER.
- If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer or entrepreneur. If the Webshop seller uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the Webshop seller.
- Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This particularly concerns:the price including taxes.any delivery costs.the way in which the contract will be concluded and what actions are required for this.whether or not the right of withdrawal applies.the method of payment, delivery and execution of the contract.the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular basic rate for the communication method used.whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer.the way in which the trader or consumer can check and, if desired, correct the data provided by them in the context of the contract before its conclusion.any other languages in which, in addition to Dutch, the contract can be concluded.the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically.the minimum duration of the distance contract in the case of a durable transaction.
ARTICLE 5 - THE AGREEMENT.
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the trader or consumer accepts the offer and fulfills the conditions set therein.
- If the consumer has accepted the offer electronically, the Webshop seller will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the Webshop will observe appropriate security measures.
- The Webshop store can, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
- The Webshop store will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:the visiting address of the Webshop store's establishment where the consumer can file complaints.the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.information about guarantees and existing after-sales service.the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract.the requirements for termination of the contract if the contract has a duration of more than one year or is for an indefinite period.In the case of a durable transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL.
Upon delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
- During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and in its original condition and packaging to the entrepreneur.
- Dolls can only be returned if they have not been taken out of the box, the box has not been opened, and the original sealing sticker is still intact.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL.
- If the consumer exercises their right of withdrawal, at least the costs of return shipping will be for their account.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
- The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:that have been created by the entrepreneur according to the consumer's specifications.that are clearly personal in nature.that cannot be returned due to their nature.that can spoil or age quickly.that have been specially made to color or size at the request of the customer.the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence.for individual newspapers and magazines.for audio and video recordings and computer software of which the consumer has broken the seal.For items offered as part of a special offer or promotion.For items for which special discounts are granted through group purchase ("loyalty card").Exclusion of the right of withdrawal is only possible for services:concerning accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period.concerning betting and lotteries.
ARTICLE 9 - THE PRICE.
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:these are the result of legal regulations or provisions.the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
- The prices of products or services mentioned in the offer include VAT.
ARTICLE 10 - CONFORMITY AND WARRANTY.
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
ARTICLE 11 - DELIVERY AND EXECUTION.
- The Webshop store will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the Webshop store.
- With due observance of what is stated about this in Article 4 of these general terms and conditions, the Webshop store will execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the time of delivery, it will be stated clearly and understandably that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
- If a delivery cannot be delivered after 3 delivery attempts and the goods are returned to the seller, new transport costs will be charged to deliver the goods to the buyer.
- Please note! For countries outside the European Union, additional costs (VAT and import taxes) may be charged upon receipt.
ARTICLE 12 – DURABLE TRANSACTIONS.
- The consumer can terminate an agreement entered into for an indefinite period at any time, observing the agreed termination rules and a notice period of no more than one month.
- An agreement entered into for a definite period has a maximum duration of two years. If it has been agreed that in the event of the consumer's silence, the distance contract will be extended, the contract will be continued as an indefinite-term contract and the notice period after the continuation of the contract will be a maximum of one month.
ARTICLE 13 – PAYMENT.
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
- When selling products to consumers and when prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated prepayment has taken place.
- The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
- In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14 – COMPLAINTS PROCEDURE.
- The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- A complaint about a product, service or the service of the entrepreneur can also be submitted via the contact form provided on the webshop.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
ARTICLE 15 – DISPUTES.
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law.
- Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements concerning products and services to be delivered or delivered by this entrepreneur, can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee.
- A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur in a timely manner.
- The dispute must be submitted in writing to the Disputes Committee no later than three months after the dispute arose.
- When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wishes to do so, the consumer must state in writing within five weeks of a written request to that effect from the entrepreneur whether they also wish to do so or wish to have the dispute handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee makes decisions under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are binding advice.
- The Disputes Committee will not handle a dispute or will discontinue its handling if the entrepreneur has been granted a suspension of payments, has gone bankrupt, or has actually ceased his business activities, before a dispute has been heard by the committee at the hearing and a final ruling has been made.