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TERMS AND CONDITIONS

1. Seller's Identity

TILIA is a natural person company with registered office at Diestsestraat 180C box 0201, 3000 Leuven. TILIA is registered in the Crossroads Bank for Enterprises under number 0679.553.195 with VAT number BE0679.533.195, telephone number +32476322600 and e-mail address hello@tiliadesigns.com  ("Seller").  

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2. Application

These general terms and conditions govern the relationship between the buyer and the Seller (TILIA) and thus apply to any agreement entered into between the Seller (TILIA) and the Buyer.

An agreement concerns both any direct sale to the Buyer, but also any distance sale by the Seller (eg order placed by the Buyer via Facebook or www.tiliababywearing.com). Before a distance sale is concluded, the text of these general terms and conditions is clearly made available to the Buyer. The Buyer will therefore expressly accept these general terms and conditions when placing an order, as a result of which he agrees to their applicability.  

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3. Offer, price and payment

Despite the fact that the online catalog and the Website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, incorrect or not up-to-date. Obvious mistakes or errors in the offer are not binding on the Seller. The Seller is only bound to an obligation of means with regard to the correctness and completeness of the information provided.  

All prices quoted are expressed in EURO. The price statement refers exclusively to the products as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price or deviate from the product. For example, the color of a product may differ in reality from the picture shown.

If the Buyer has questions about e.g. offer, price, sizes, colour, availability, delivery term or delivery method or if he has doubts about the information provided, we always request the Buyer to contact the Seller in advance at the e-mail address hello@ tiliadesigns.com.

The offer is valid as long as stocks last and can be adjusted or withdrawn by the Seller at any time. The Seller cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.  

If it appears that a certain article is no longer (sufficiently) in stock, the Customer will be informed of this in good time. It will be decided in consultation whether the entire order or part of the order will be canceled and how any refund of the canceled part of the order will be dealt with. This may involve a monetary refund or issuing a voucher worth the canceled part of the order.

Payment for purchases can be made by bank transfer or cash on collection. The order is final from the moment the amount due has been received.

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4. Penalties for non-payment

Without prejudice to the exercise of other rights available to TILIA, in the event of non-payment or late payment from the date of default, by operation of law and without notice, the Customer owes an interest of 10% per year on the unpaid amount. In addition, the customer owes a fixed compensation of 10% of the amount concerned, by operation of law and without notice, with a minimum of 25 euros per invoice.

Notwithstanding the foregoing, TILIA reserves the right to take back items that have not been paid (in full) for.

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5. Delivery or collection

If delivery is chosen by the Seller to an address chosen by the Buyer:  

Products are only delivered in the countries for which the website allows delivery, namely Belgium and the Netherlands. The seller calls on the supplier BPost.

The delivery of products will take place as soon as possible and in principle no later than the expected time stated in the individual order confirmation, within 5 working days after placing the order. Unless otherwise agreed or expressly provided otherwise, this is within thirty (30) days after receipt and acceptance of the order. Incorrect delivery addresses are the responsibility of the Buyer and may lead to additional costs.  

The delivery times stated on the website are not binding, but are given purely as an indication. No delay in delivery can give rise to termination of the agreement or payment of damages in favor of the Buyer, except in the case of intentional delay. We have the right to make partial deliveries.  

Delivery costs are always borne by the Customer and are always communicated before placing the order.

The order can also be picked up at the address Diestsestraat 23, 3000 Leuven. For this, the Buyer must always make an appointment with TILIA by e-mail (hello@tiliadesigns.com).  

The product will remain available for collection for thirty (30) days. If the product is not collected after thirty (30) days, the agreement will be terminated by operation of law and the purchase price paid will be retained by the Seller by way of lump sum compensation for the termination of the agreement.

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6. Retention of title - right of retention

The delivered products remain the property of the Seller until full payment of the price, including all costs and charges, default interests and fees. In the event of non-payment, we reserve the right to take back the products, by operation of law and at the expense of the Buyer.

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7. Right of withdrawal

The provisions of this article only apply to Buyers who, in their capacity as consumers, purchase products remotely on the Seller's Website.  

In such a case, the Buyer has the right to withdraw from the agreement within a period of fourteen (14) calendar days without stating reasons. The withdrawal period expires fourteen (14) calendar days after the day on which the Buyer or a third party designated by the Buyer, who is not the carrier, takes physical possession of the product.  

In order to comply with the withdrawal period, the Buyer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.  

The Buyer must return or hand over the products to the Seller without undue delay, but in any event no later than fourteen (14) calendar days after the day on which he communicated his decision to withdraw from the agreement to the Seller. The  

The buyer is on time if he returns the products before the period of fourteen (14) calendar days has expired.  

The costs of returning the products are fully borne by the Buyer.  

If the returned product is in any way diminished in value, Seller reserves the right to hold Buyer liable and claim damages for any loss in value of the products resulting from Buyer's use of the products. that goes beyond what is necessary to establish the nature, characteristics and functioning of the products.  

Only items that are in the original condition and in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be returned.  

If the Buyer withdraws from the agreement, the Seller will refund to the Buyer all payments received from the Buyer up to that time, excluding the standard delivery costs, within a maximum of fourteen (14) calendar days after the Seller has been notified of the decision of the Buyer. Buyer to withdraw from the contract. In the case of sales contracts, the Seller may withhold reimbursement until it has received all products back, or until the Buyer has demonstrated that it has returned the products, whichever comes first.  

The Seller will refund the Customer with the same means of payment with which the Buyer made the original transaction, unless the Buyer has expressly agreed otherwise; in any event, the Buyer will not be charged for such reimbursement.  

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8. Force majeure

In case of force majeure, the Seller is not obliged to fulfill its obligations. In that case, the Seller can suspend its obligations for the duration of the force majeure or definitively dissolve the agreement without being liable for compensation.

Force majeure is any circumstance beyond the will and control of the Seller which prevents the fulfillment of its obligations in whole or in part. This includes: strikes, fire, business failures, power failures, failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of the Website of the Seller (and/or its partners for the dispatch and/or payment of the products), non-delivery or late delivery from suppliers, ...

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9. Warranty

- Legal guarantee (only for consumers)


Under the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. Each item is subject to the legal warranty from the date of purchase by (if applicable delivery to) the first owner. Any commercial warranty does not affect these rights.

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- General


To invoke the warranty, the customer must be able to present proof of purchase.

For items purchased online and delivered to the customer's home, the customer must contact customer service in advance, after which the customer must return the item to TILIA at its expense. Any defect must be reported within 1 month of its discovery. Afterwards, any right to repair or replacement lapses.

 

The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, abnormal or incorrect use, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, modifications or changes to the item, heavy-handed use, poor maintenance, abnormal or incorrect use.

Nor does it apply to articles with a shorter life, or wear articles. Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless proven otherwise by the Customer.

The warranty is not transferable.

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10. Liability

The Seller is not liable for human damage and/or business and/or indirect  or consequential damages (such as, but not limited to, loss of time, emotional harm, loss of revenue, and loss of opportunity), which  directly or indirectly resulting from the products sold.  

Any contractual or extra-contractual liability and/or obligation of the Seller is always limited to the amount actually paid by the Buyer for the order concerned, without taking into account the cause and extent of the damage.  

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11. Privacy

TILIA undertakes to use your data exclusively for the execution of the concluded agreement that you conclude by means of your order and to send you information from TILIA without obligation. If you would also like to receive information by e-mail, please also provide your e-mail address.

We treat your data as confidential information and will never pass it on, rent or sell it to third parties. You can request, correct, change or delete your data that we keep in the customer list at any time and you can refuse that TILIA uses your data to send you information. It is sufficient to request this at the address mentioned below: tiliadesigns@outlook.be.

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12. Miscellaneous Provisions

Evidence: The Buyer accepts that electronic communications and backups may serve as evidence.

Severability: If any article of these terms and conditions is declared invalid, illegal or void, this shall in no way affect the validity, legality and applicability of the remaining articles.  

Waiver: The failure of the Seller to require the strict application of any of the provisions of these terms and conditions shall not be deemed an implied waiver of the rights vested in the Seller under these terms and conditions and shall not prevent the Seller from subsequently to require compliance with those provisions.  

Changes to terms and conditions: The seller reserves the right to change these terms and conditions at any time without prior notice. The general terms and conditions may be supplemented by other terms and conditions if explicitly referred to.  

Intellectual property: The entire content of the website including texts, all visual elements such as sound elements, including the technology used therefor, photos, images, moving images, sounds, illustrations and software are the property of the Seller or the property of its suppliers, related companies, licensees and/or content providers. These parts are protected by copyright or other rights. Therefore, these parts may only be used with the prior written consent of the respective owner.

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 have jurisdiction in legal disputes. If the Customer is not a consumer, the courts of Hasselt are exclusively competent.

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