General Conditions

Article 1 Preamble

These sales conditions are concluded between, on the one hand, the company L’Envol du Colibri SRL, whose registered office is located at Rue Haute Marcelle 20, 5000 Namur (Belgium), registered with the Crossroads Bank for Enterprises under number 0660 802 404 hereinafter referred to as "L’Envol du Colibri," and, on the other hand, any person wishing to make a purchase via the website www.lenvolducolibri.be hereinafter referred to as "the customer."

Article 2 Application

The General Terms and Conditions of Sale apply to all orders placed through our website www.lenvolducolibri.be.

Any order placed with L’Envol du Colibri necessarily implies the validation of the General Terms and Conditions of Sale and entails acceptance thereof.

L’Envol du Colibri may modify these General Terms and Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the customer.

Article 3 Products

3.1 The products are those offered in the catalog published on the L’Envol du Colibri website. Each product is accompanied by a description provided by the supplier.

The catalog photographs are as faithful as possible but cannot guarantee a perfect similarity with the offered product, especially regarding colors. These photographs are in no way contractual.

3.2 These products are offered within the limits of available stocks. Information about product availability is provided on the website www.lenvolducolibri.be at the time of placing the order. However, this information is for guidance only, and there may be a difference from the exact value of our stocks. If all or part of the items are unavailable, the customer will be informed as soon as possible by email, and they will be offered the choice to wait or cancel the order for the unavailable items without charge. The available items will be delivered as usual.

Article 4 Geographic Area

The online sale of products offered on the website www.lenvolducolibri.be is reserved for customers residing in Belgium, the Netherlands, France, the Grand Duchy of Luxembourg, the Netherlands, Germany, the United Kingdom, or the rest of the world, and for deliveries required in these geographical areas.

Article 5 Orders

5.1 The website www.lenvolducolibri.be offers various items classified by product category. To acquire a product, simply click on the product sheet of your choice, select the size and/or color, and click on "add to cart." The customer must then confirm their order and make the payment.

5.2 In the case of a first order, the customer will be required to create an account through the "create your account" screen. To do this, the customer must enter their personal data.

Article 6 Prices

6.1 The prices on the website www.lenvolducolibri.be are in EURO, including VAT, without discount, and excluding shipping costs.

6.2 Any increase in VAT or any new tax imposed between the time of the order and the time of delivery will be the responsibility of the customer.

Article 7 Payment

7.1 The customer is required to pay the full price immediately upon ordering, prior to delivery, either by bank transfer within 14 calendar days or by means of the Mollie payment system (a payment solution designed for e-commerce sites).

Only the following payment methods will be accepted for online payment:

  • Credit cards: Visa / Mastercard
  • Debit cards: Bancontact / Mistercash
  • Bank transfer to our account BE41 7512 0821 7210

If the customer chooses payment by bank transfer, the ordered goods will be reserved for them for a period of 5 working days. If, at the end of the 5 working days following the day of the order, payment has not been received in L’Envol du Colibri's bank account, the order will be canceled.

7.2 In case of suspicion of fraud, L’Envol du Colibri reserves the right to initiate additional information procedures with the customer, requesting various justifications, and, following this procedure, to cancel or suspend any order or delivery.

Article 8 Delivery

8.1 Prices

Delivery costs are borne by the customer and amount to (see table below). Delivery costs will be waived: (see details in the table below):

Bpost Home DPD DHL Afhaalpunt Gratis levering vanaf :
Belgium 6,50 EUR / / 5,50 EUR 99 EUR
Germany / 9 EUR / 8 EUR 99 EUR
Andorra 45 EUR / / / /
Austria / 16 EUR / 12 EUR /
Bulgaria / / 25 EUR / /
Canada 35 EUR / / / /
Cyprus 40 EUR / / / /
Croatia / / 20 EUR / /
Denmark / 20 EUR / 15 EUR /
Spain / 20 EUR / / /
Estonia / 20 EUR / / /
Finland 28 EUR / / / /
France / 12 EUR / 10 EUR 99 EUR
Greece / / 25 EUR / /
Hungary / / 20 EUR / /
Ireland / 20 EUR / / /
Italy / 20 EUR / / /
Japan 50 EUR / / / /
Latvia / 22 EUR / / /
Lithuania / 22 EUR / / /
Luxembourg 10 EUR / / / 99 EUR
Malta 42 EUR / / / /
Norway 40 EUR / / / /
Netherlands / 9 EUR / 7 EUR 99 EUR
Poland / / 16 EUR / /
Portugal / 22 EUR / / /
Czech Republic
/ / 17 EUR / /
Romania / / 20 EUR / /
United Kingdom / 16 EUR / / /
Slovakia / / 20 EUR / /
Slovenia / / 20 EUR / /
Sweden / 22 EUR / / /
Switzerland 35 EUR / / / /
Turkey 35 EUR / / / /
USA 30 EUR / / / /
Rest of the world 40-50 EUR / / / /

Delivery costs are not included in the price mentioned in our catalog and will be determined at the time of the customer's order.

8.2 Execution

The delivery times indicated during the order are purely indicative. Non-compliance cannot, under any circumstances, justify a request for damages from the customer or termination of the order.

FORCE MAJEURE

Circumstances such as strikes, fire, machine breakdowns, supplier delays, epidemics, war danger, civil war, lack of energy resources, supplier bankruptcy, postal strikes, computer failures, stock flooding, etc., are considered force majeure cases when they have the effect of delaying or making deliveries difficult. L’Envol du Colibri will not have to establish either the unpredictability, irresistibility of these circumstances, or the impossibility of performing the contract.

L’Envol du Colibri will inform the customer as soon as possible of the occurrence of any of the circumstances mentioned above.

L’Envol du Colibri reserves the right to extend the agreed delivery period by a period equal to the duration during which the force majeure case has persisted. Likewise, if these facts could compromise the execution of the order according to the planned modalities, L’Envol du Colibri reserves the right to terminate the contract without any commitment or liability on its part.

8.3 Place

The delivery of the order is made to the agreed delivery address with the customer as stated in the order confirmation, at their own risk and peril.

Article 9 Warranty

9.1 Non-Conformity - Hidden Defects

9.1.1 If the law of September 1, 2004 concerning consumer protection in the case of consumer product sales is applicable to the sale:

The products sold are guaranteed against any non-conformity as per the said law for a period of two years, starting from the availability of the product by L’Envol du Colibri to the customer.

The customer must report the non-conformity to L’Envol du Colibri within two months from the day they discovered this non-conformity, by registered letter.

In the event of non-conformity as per the law of September 1, 2004 concerning consumer protection in the case of consumer product sales, the customer will have the right, unless impossible or disproportionate, to demand from L’Envol du Colibri the repair of the product or its replacement, all within a reasonable time, and at no cost or major inconvenience to the customer.

If the customer is not entitled to repair or replacement of the product, or if L’Envol du Colibri has not carried out the repair or replacement within a reasonable time or without major inconvenience to the customer, the customer will have the right to demand from L’Envol du Colibri an adequate reduction in the price or, in case of a serious defect, the resolution of the contract, excluding any claim for additional damages.

This provision does not preclude the warranty for hidden defects of the sold item, as provided for in Articles 1641 to 1649 of the Civil Code and Article 9.1.2 of these general conditions.

9.1.2 If the law of September 1, 2004 concerning consumer protection in the case of consumer product sales is not applicable:

Hidden defects are covered by the contractual warranty for a period of one year, starting from the availability of the product by L’Envol du Colibri to the customer.

The customer must notify L’Envol du Colibri of the hidden defect, by registered letter, as soon as possible, and in any case within thirty days from the day they discovered or should have normally discovered this defect.

If repair proves technically impossible, the parties will agree on the most appropriate way to remedy the defects or non-conformity, either by refunding part of the purchase price, replacing the product, or canceling the sale, without the customer being entitled to any other compensation.

Beyond one year, the legal warranty applies if the hidden defect existed at the time of delivery and makes the product unfit for its intended use or significantly diminishes its use.

9.2 Apparent Defects

The products are only guaranteed against apparent defects subject to compliance with Article 10 of these general conditions and without prejudice to Article 9.1 of the same general conditions.

9.3 Limitations

L’Envol du Colibri is not liable for damages caused by the use of the products sold, whether the damage is caused to the customer, their products, or third parties, even during the warranty period.

Consequently, L’Envol du Colibri will not be liable for any personal injury, damage to property other than the supplied products, loss of profit, or any other damage arising directly or indirectly from any defect affecting these supplies.

In the event that L’Envol du Colibri's liability is nevertheless incurred, it will only be liable for compensation that cannot exceed or be equal to the selling price of the product.

The warranty does not cover normal wear and tear of the product or defects due to abnormal, wrongful, or negligent use of the product.

No application of the warranty may have the effect of extending its duration.

Article 10 Complaint

Without prejudice to Article 9, any complaint regarding delivery or product conformity regarding apparent defects must be reported to L’Envol du Colibri by email at the address info@lenvolducolibri.be within 8 days of delivery. Otherwise, the delivery is considered accepted, and no complaints can be made against L’Envol du Colibri regarding delivery or apparent defects.

Article 11 Withdrawal from the Purchase

11.1 In accordance with the law of April 6, 2010 concerning market practices and consumer protection, the customer has a withdrawal period of 14 calendar days from the day after delivery to return, at their own expense and risk, the purchased products that do not suit them to the Administrative Headquarters, Rue Haute Marcelle 20, 5000 Namur (Belgium).

11.2 Only products returned in perfect condition in their original packaging will be accepted. Any product that has been damaged or without original packaging will not be exchanged or refunded. For hygiene reasons, all beauty and care products such as soap, shampoo, deodorant, oils, nail polish, makeup, etc., cannot be returned or refunded.

11.3 In case the return is approved by L’Envol du Colibri, the customer can request either a refund (excluding shipping costs) or product exchange.

It is important to know that Belgian law prohibits any merchant or e-commerce operator from making a refund for any payment made with eco vouchers (regardless of the issuing company of the eco vouchers: Edenred, Sodexo, Up Monizze, or any other origin). Therefore, refunds for payments made with EcoCheques, EcoPass, EcoVoucher, TicketsCompliments, CadeauPass are not legally permitted by law. However, in the event of a return, we are allowed to provide you with a voucher or a gift certificate.

Article 12 Personal Data

These provisions respect the customer's privacy in accordance with the law of December 8, 1992 on the processing of personal data and other binding Belgian provisions in this regard.

The controllers of your personal data are Mrs. Esther Sougné and Sophie Depas trading under the name L’Envol du Colibri (Rue Haute Marcelle 20, 5000 Namur - Belgium), registered with the BCE under number 0660 802 404 and with VAT under number 660 802 404.

L’Envol du Colibri is engaged in the marketing of clothing and fashion accessories. L’Envol du Colibri can be reached 24/7 at the email address info@lenvolducolibri.be.

The personal data communicated to L’Envol du Colibri is processed by them for customer management, including in particular the management of pre-contractual and contractual relations with the customer and the customer's information, as well as for commercial prospecting (direct marketing).

The customer can object, upon request and free of charge, to the processing of their data for commercial prospecting (direct marketing).

In addition, the customer has the right to obtain, free of charge, the rectification of any inaccurate personal data concerning them.

Article 13 Intellectual Property

All elements of the L’Envol du Colibri website are and remain its intellectual and exclusive property.

No one is authorized to reproduce, exploit, redistribute, or use in any way, even partially, elements of the website, whether they are software, visual, or auditory.

Any simple or hypertext link is strictly prohibited without express prior written consent from L’Envol du Colibri.

Article 14 Proof

The parties accept, in the context of their relationship, electronic means of proof (e.g., email).

Article 15 Disputes – Competent Jurisdictions

Any direct or indirect dispute of L’Envol du Colibri with the customer will be within the jurisdiction of the Courts and Tribunals of Namur (Belgium).

The contractual relations of L’Envol du Colibri with the customer are governed by Belgian law.


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