TERMS AND CONDITIONS
Article 1. GENERAL INFORMATION
These Terms and Conditions may be amended from time to time as set out in article 22.You should check these Terms and Conditions regularly as the current Terms and Conditions at the time of use of the website and/or entering into a Contract (as defined below) with us shall be binding on you. These Terms and any Contract between us are only in the English language.
Article 2. OUR DETAILS
Sale of goods through this web page is carried out under the LITTLECUTECORNER name by LITTLECUTECORNER, registered in Belgium with registered office at Place des Carabiniers 7, Schaerbeek 1030, Belgium, with business registration No. 0658865768, with VAT No. BE0658.865.768. You may contact our customer service via email@example.com.
Article 3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
Article 4. USE OF OUR WEBSITE
You agree that, by placing your order, you unreservedly accept these Terms and Conditions, having read and understood them. These Terms and Conditions are important for both you and us as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create a legally binding agreement between us.
By using this website and/or by placing any order through it, you agree that:
- You may only use the website to make legitimate inquiries or orders.
- You will not make any speculative, false or fraudulent orders. If such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- You also are responsible to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary. If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
Article 5. SERVICE AVAILABILITY
Items offered over this website are available for individual customers around the world.
Article 6. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the "Complete Order" button to submit the order. After this you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted (Order Confirmation). Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (Shipping Confirmation). The contract for the purchase of a product between us will only be formed when we send you the Shipping Confirmation.
The Contract will relate only to those products whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipping Confirmation.
Article 7. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order the substitute products we will reimburse any monies that you may have paid.
Article 8. REFUSAL OF ORDER
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time.
We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
Article 9. DELIVERY
Subject to availability, (see Article 5), we will strive to fulfil your order for product(s) listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then in the estimated timeframe indicated when selecting the delivery method, and in any case within 3 days of the date of the Order Confirmation.
There may be delays for reasons such as customisation of products, unforeseen circumstances or the delivery zone.
For the purpose of these Terms "delivery" or "delivered" shall be deemed to have occurred upon you or a third party nominated by you acquiring physical possession of the products, which will be evidenced by the signing for receipt of the products at the agreed delivery address.
Article 10. UNABLE TO DELIVER
If we are unable to deliver your order, we will try to find a safe secure place to leave your parcel. If we cannot find a safe and secure place, your product(s) will be returned to our depot. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day. If after 30 days from the date that your order is available for delivery, the order cannot be delivered for reasons which are not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Agreement, we will return to you all payments received from you, including delivery charge (except for any additional costs resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 1.days of the date on which this Agreement has been terminated.
Article 11. RISK AND TITLE
The Products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in Article 9.), whichever is the later.
Article 12. PRICE AND PAYMENT
All products are quoted in EURO. The price of any product will be as shown on our site, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and any amounts paid by you will be fully refunded.
We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect price.
The prices displayed on the website include VAT but does not include shipping fee. At checkout, shipping fee will be calculated according to the shipping guide.
Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Once you have finished shopping all the items you wish to purchase are added to your basket, and your next step will be to process the order and make payment. To do this you will be required to follow the steps of the order process including filling out and verifying the information requested in each step. The order process allows you to check and amend any errors before submitting your order to us. There is a detailed description of the order process in the Shopping Guide. If you are a registered user, a record of all the orders placed by you is available in the “My Account” area.
Payment can be made by PayPal, Visa, Mastercard and American Express card. To minimise the possibility of unauthorised access, your credit card details will be encrypted.
Once we receive your order, we will request a pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. No charge will be made to your credit card until your order has been dispatched for delivery. However, if your form of payment is Paypal, the charge will be made the moment we confirm the order.
By clicking “Complete Order”, you are confirming that the credit card is yours.
Credit cards are subject to validation checks and authorisation by your card issuer but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
Article 13. VALUE ADDED TAX
According to laws and regulations, all purchases made through the website are subject to the Value Added Tax (VAT).
In this regard and in accordance to Chapter I of Title V of Council Directive 2006/112/EC issued on 2/11/2006 on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.
Article 14. RETURNS POLICY
Customers own the right to return the products within 15 days of receiving them. However, this right does not apply in the case of:
- Garments made to your specifications or clearly personalised.
- Garments are damaged, worn or used.
- Hangtags are removed.
- On sale products
The return period will expire after 15 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or in the case of a contract relating to multiple goods ordered by you in one order and delivered separately 15 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the goods.
To exercise the right of return, you must inform us, LITTECUTECORNER, by writing an email at firstname.lastname@example.org of your decision to cancel this contract by an unequivocal statement. You may use the attached cancellation form as set out in the Annex but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 15 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send the products back to address Place des Carabiniers 7, Schaerbeek 1030, Belgium without undue delay and in any event not later than 15 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 15days has expired.
You will bear the direct cost of returning the goods. You shall take reasonable care of the goods prior to returning them to us. You are only liable for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning.
You will find a summary on exercising this cancellation right when you receive the order.
Contractual right to return the products
In addition to your statutory right as a consumer to cancel the Contract, set out in clause 14.1 above, we grant you a period of 3 days from the date of the products are dispatched to return the products (except those mentioned in clause 14.3 below, for which the right to cancel is excluded).
If you return the goods within the contractual term of 15days, but after the statutory cancellation period has expired, you will be reimbursed the amount paid for said products only (that is, not for delivery of other costs). Direct cost incurred in the return of such products will be borne by you. You will be responsible for the direct costs of returning the product.
You may exercise your right of cancellation in accordance with the provisions of clause 14.1 above, however should you inform us about your intention of cancelling the Contract after the legal term for cancellation, you shall, in any case, hand the goods over to us within the 3day term as from the products are dispatched.
You shall not have the right to cancel the Contract when it is for the delivery of any of the following Products:
- Garments made to your specifications or clearly personalised.
- Garments are damaged, worn or used.
- Hangtags are removed.
- On sale products
You will find a summary on exercising this contractual right of return when you receive the order.
Your contractual right to return the products shall apply exclusively to the products that are returned in the same conditions in which you received them. No reimbursement will be made if the product has been used more than just opening it, for products that are not in the same condition as when they were delivered or when they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the ticket which you will have received when the product was delivered.
You will find a summary on exercising this contractual right of return when you receive the order.
Upon cancellation, the respective products shall be returned as follows:
When returning the product(s) by post or mail , you should contact us through our email email@example.com to inform us about the return. Please note that you will be responsible for the delivery costs.
After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. Delivery costs will be reimbursed when the right of withdrawal is exercised in accordance with clause 14.1 of these Terms and all the goods in which the relevant parcel consists of are returned. The refund will be paid as soon as possible and, in all cases, within 15days from the date on which you notified us of your intention to cancel. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase.
You shall assume the cost and risk of returning the products to us, as indicated above.
If you have any questions, you can contact us on our contact form or email firstname.lastname@example.org
Incorrect product returns
If you are acting as a consumer, we are under a legal duty to supply products that are in conformity with this Contract. As a consumer, you have legal rights in relation to products that are faulty or not as described.
In circumstances where you consider that the product does not conform with the Contract at the time of delivery, you should promptly contact us via email email@example.com with details of the product and its damage.
We will fully examine the returned product and will notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We will usually process the refund or replacement as soon as possible and, in any case, within 15days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement of the defective product. Products returned by you because of a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will always refund any money received from you to the credit card originally used by you to pay for your purchase. This does not affect your statutory rights.
LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product.
Nothing in these Terms shall exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; and
- waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising, except those legally established. We warrant to you that any product purchased from us through this website will conform with the contractual description, is of merchantable quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products available on this website. Products (including handicraft products) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be given to us via our web form. Subject to and as otherwise specified in clause 1.we may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our website, 2.hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.18.TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms. Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that you order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
LAW AND JURISDICTION
The use of our website and the Contracts for the purchase of products through such website will be governed by Belgian law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Belgian courts. If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
We welcome your feedback. Please send all feedback and comments to us via our web form. Any comments (including complaints) can also be sent to us by email. If you as a buyer consider your rights have been breached, you can address your complaints to us via the email address firstname.lastname@example.org in order to seek an out-of-court settlement.
In this regard, if the purchase from us was concluded online through our website, we, in line with EU Regulation No. 524/2013, hereby inform you that you are entitled to seek the consumer dispute with us out-of court, through the platform for the online dispute resolution accessible through the Internet address http://ec.europa.eu/consumers/odr/