Article 1 - Definitions
In these Terms and Conditions, the following terms mentioned below will be defined in the subsequent paragraphs:
• Reflection Period: The timeframe within which the consumer may exercise their right of withdrawal.
• Consumer: A natural person who is not acting for purposes related to their trade, business, craft, or profession, who enters into a distance contract with the entrepreneur (definition provided in Article 2).
• Day: A calendar day.
• Duration Transaction: A distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period.
• Right of Withdrawal: The option for the consumer to rescind the distance contract within the cooling-off period.
• Model Withdrawal Form: The standard form provided by the entrepreneur that a consumer can utilize when they wish to exercise their right of withdrawal.
• Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
• Distance Contract: An agreement in which, solely using one or more techniques for distance communication, a product and/or service is sold or provided within an entrepreneur-organized system for distance selling, up to and including the time of the contract's conclusion.
• Technique for Distance Communication: A means that allows for the conclusion of a contract, without the consumer and entrepreneur being in the same place simultaneously.
• General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
"Little Thingz BV" (hereinafter referred to as "the Entrepreneur")
• Address: Heuveneindeweg 121, 3520 Zonhoven, Belgium
• Telephone: +32 (0)11 397 398
•Email: helpdesk@littlethingz.com
•Chamber of Commerce Number: 0798708193 VAT
•Identification Number: BE0798708193
Article 3 - Applicability
1. These General Terms and Conditions apply to all offers made by the Entrepreneur and to all distance contracts and orders concluded between the Entrepreneur and the Consumer.
2. Prior to the conclusion of a distance contract, the Consumer shall be provided with the text of these General Terms and Conditions. If this is not reasonably feasible, it shall be indicated that the General Terms and Conditions are available for inspection at the Entrepreneur's premises and will be sent free of charge to the Consumer upon request.
3.
If the distance contract is concluded electronically, contrary to the preceding paragraph, the text of these General Terms and Conditions may be made available to the Consumer electronically in such a way that the Consumer can easily store it on a Durable Medium. If this is not reasonably feasible, it will be specified where the General Terms and Conditions can be electronically reviewed, and that they will be sent to the Consumer free of charge, upon request, either electronically or in another format.
4. In the event specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply correspondingly, and the Consumer may, in case of conflicting conditions, always rely on the applicable provision most favorable to them.
5.If one or more provisions in these General Terms and Conditions at any time become partially or completely invalid or are declared null and void, the remaining provisions of these Terms and Conditions will remain in effect, and the invalid/nullified provision(s) will be replaced by a provision that approximates the intent of the original as closely as possible.
6.
Situations not governed by these General Terms and Conditions should be assessed in the spirit of these Terms and Conditions.
7.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.
Article 4 - The Offer
1.If an offer is subject to a limited duration or specific conditions, this will be explicitly stated in the offer.
2.The offer is non-binding. The Entrepreneur reserves the right to modify and adjust the offer.
3.The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to enable a proper assessment by the Consumer. If the Entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the Entrepreneur.
4.All images, specifications, and data in the offer are indicative and cannot be grounds for any compensation or termination of the contract.
5.Images with products are a true representation of the offered products. The Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6.Each offer contains sufficient information for the Consumer to understand the rights and obligations attached to accepting the offer, including, but not limited to:
- • the price, including taxes;
• any shipping costs;
• how the contract will be concluded and what actions are required for this;
• whether the right of withdrawal applies;
• the method of payment, delivery, and execution of the contract;
• the deadline for accepting the offer or the period within which the Entrepreneur guarantees the price;
• the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the communication means used;
• whether the contract will be archived after conclusion, and if so, how it can be accessed by the Consumer;
• how the Consumer can check and, if necessary, correct the information provided under the contract before concluding it;• any other languages in which the contract can be concluded;
• the codes of conduct to which the Entrepreneur is subject and how the Consumer can electronically consult these codes; and
• the minimum duration of the distance contract in case of an extended transaction.
Article 5 - The Agreement
1.Subject to the provisions of paragraph 4, the agreement becomes binding at the moment the Consumer accepts the offer and meets the established conditions.
2.If the Consumer has accepted the offer electronically, the Entrepreneur will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance is confirmed, the Consumer has the option to dissolve the contract.
3.If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, the Entrepreneur will observe suitable security measures.
4.Within legal limits, the Entrepreneur may ascertain whether the Consumer can meet their payment obligations, and consider all facts and factors necessary for a sound conclusion of the distance contract. If, based on this investigation, the Entrepreneur has valid reasons for not entering into the contract, they are entitled to refuse an order or request or to attach special conditions to the execution.
5.The Entrepreneur will include the following information with the product or service, in writing or in such a way that it can be stored on a Durable Medium by the Consumer, in a clear and comprehensible manner:
- •the address of the Entrepreneur's business location where the Consumer can lodge complaints;
- •the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
•the conditions under which and the ways 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 before the execution of the contract;
6.In the case of an extended transaction, the arrangement in the previous paragraph applies only to the first delivery.
7.Each agreement is subject to the suspensive conditions of sufficient availability of the concerned products.
Article 6 - Right of Withdrawal
For Product Deliveries:
1.When purchasing products, the Consumer has the right to dissolve the contract without providing reasons within a 14-day reflection period. This period begins the day following the receipt of the product by the Consumer or a representative previously designated by the Consumer and announced to the Entrepreneur.
2.During the reflection period, the Consumer will handle the product and packaging with care. The Consumer shall only unpack or use the product to the extent necessary to ascertain whether they wish to retain the product. If the Consumer exercises their right of withdrawal, they will return the product with all delivered accessories, and if reasonably possible, in the original state and packaging, in accordance with the Entrepreneur's reasonable and clear instructions.
3.If the Consumer wishes to exercise their right of withdrawal, they must notify the Entrepreneur within the 14-day reflection period following the receipt of the product. The Consumer can use the Model Withdrawal Form for this purpose or another clear means of communication, such as e-mail: helpdesk@littlethingz.com. After expressing the desire to exercise the right of withdrawal, the Consumer must return the product within 14 days. The Consumer must demonstrate that the goods have been returned timely, for instance, through a shipment proof.
4.If the Consumer fails to declare the exercise of the right of withdrawal or return the product within the specified periods in paragraphs 2 and 3, the purchase becomes final.
For Service Deliveries:
1.When procuring services, the Consumer has the right to dissolve the contract without providing reasons for a minimum of 14 days, starting on the day of entering into the contract.
2.To exercise their right of withdrawal, the Consumer must follow the reasonable and clear instructions provided by the Entrepreneur at the time of the offer and/or no later than the delivery of the service.
Article 7 - Costs in Case of Withdrawal
1.If the Consumer exercises their right of withdrawal, they bear the costs of returning the goods.
2.If the Consumer has made a payment, the Entrepreneur will refund this amount as soon as possible, but no later than 14 days following the day on which the withdrawal notice was received. This refund will be made using the same payment method used by the Consumer unless the Consumer explicitly consents to a different method. The refund is conditioned upon the Entrepreneur's receipt of the returned goods, or until the Consumer proves the goods were returned, whichever is earlier.
3.The Consumer may be held liable for any diminished value of the goods resulting from handling the goods beyond what is necessary to establish their nature, characteristics, and functioning.
4.The Consumer cannot be held liable for the goods' diminished value if the Entrepreneur did not provide all legally required information about the right of withdrawal before the conclusion of the purchase contract.
Article 8 - Exclusion of Right of Withdrawal
The Entrepreneur may exclude the Consumer’s right of withdrawal for the following types of products, but only if the Entrepreneur clearly stated this exclusion in the offer, or at least in time before the contract was concluded.
Exclusions apply to:
1.Products that are manufactured according to the Consumer's specifications, are clearly personal in nature, cannot be returned due to their nature, are liable to deteriorate or expire rapidly, or whose price is tied to fluctuations in the financial market beyond the Entrepreneur's control.
2.Sealed audio, video recordings, and computer software, where the seal has been broken after delivery, and sealed hygienic products where the seal has been broken.
Exclusions also apply to services:
1.Related to accommodation, transport, restaurant activities, or leisure activities to be carried out or provided on a specific date or period.
2.Whose delivery has started with the Consumer's explicit consent before the end of the cooling-off period.
3.Concerning betting and lotteries.
Article 9 - The Price
1.During the validity period stated in the offer, the prices of the products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.
2.Notwithstanding the previous clause, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the Entrepreneur has no influence, with variable pricing. This linkage to fluctuations and the fact that any mentioned prices are indicative target prices will be stated in the offer.
3.Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4.Price increases from 3 months after the conclusion of the contract are only permitted if the Entrepreneur has stipulated this and:
- •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 before the execution of the contract;
5.The prices mentioned in the product or service offer include VAT.
6.All prices are subject to print and typographical errors. No liability is accepted for the consequences of such errors. In the case of printing and typesetting errors, the Entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
1 The Entrepreneur guarantees that the products and/or services conform to the contract, the specifications listed in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations on the date of the contract's conclusion. If agreed, the Entrepreneur also ensures that the product is suitable for other than normal use.
2. A warranty provided by the Entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the Consumer may assert against the Entrepreneur under the contract.
3.Any defects or wrong delivery of products must be reported in writing to the Entrepreneur within 2 months after delivery. The goods must be returned in their original packaging and in new condition.
4. The warranty period provided by the Entrepreneur corresponds to the manufacturer's warranty period. However, the Entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply in the following cases:
- • if the Consumer repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- • if the delivered products were exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the Entrepreneur and/or on the packaging;
- •
if the Consumer repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
Article 11 - Delivery and Execution
1.The Entrepreneur shall exercise the greatest possible care in receiving and executing orders for products and assessing requests for the provision of services.
2.The place of delivery is the address that the Consumer has made known to the Entrepreneur.
3.Subject to what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period was agreed upon. If delivery is delayed, or if an order cannot be executed or only partially executed, the Consumer will be informed no later than 30 days after placing the order. In such cases, the Consumer has the right to terminate the contract without cost and is entitled to any compensation.
4.After dissolution in accordance with the previous paragraph, the Entrepreneur will refund the Consumer the amount paid as soon as possible, but no later than 14 days after dissolution.
5.The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a pre-designated representative announced to the Entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration Transactions: Duration, Cancellation, and Extension
Cancellation:
1.The Consumer can terminate a contract for an indefinite period, which extends to the regular delivery of products or services, at any time in accordance with the agreed cancellation rules and a notice period of no more than one month.
2.The Consumer can terminate a contract for a definite period, which extends to the regular delivery of products or services, at any time towards the end of the definite period, with due observance of the agreed cancellation rules and a notice period of no more than one month.
3.The Consumer can:
- •Cancel the agreements mentioned in the preceding paragraphs at any time and are not limited to cancellation at a specific time or period;
•Cancel in the same manner as they were concluded by him/her/them;
•Always cancel with the same notice period as the Entrepreneur has stipulated for themselves.
Extension:
1.A contract entered for a definite period, which extends to the regular delivery of products or services, may not be automatically extended or renewed for a definite period.
2. Notwithstanding the preceding paragraph, a contract entered for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines, may be tacitly extended for a fixed term of a maximum of three months, if the Consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
3. A contract entered for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the Consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the contract extends to the regular, but less than monthly, delivery of daily news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
- 1.If a contract has a duration of more than one year, the Consumer may terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
Article 13 - Payment
1.Unless otherwise agreed, the amounts due by the Consumer should be paid within 7 working days following the commencement of the reflection period as referred to in Article 6, paragraph 1. In case of a contract to provide a service, this period starts after the Consumer has received the confirmation of the contract.
2.The Consumer is obliged to report immediately to the Entrepreneur any inaccuracies in payment data provided or stated.
3.In case of non-payment by the Consumer, and subject to legal limitations, the Entrepreneur is entitled to charge the Consumer reasonable costs announced in advance.
Article 14 - Complaints Procedure
1.The Entrepreneur shall have a sufficiently publicized complaints procedure and handle the complaint in accordance with this complaints procedure.
2.Complaints about the execution of the contract must be submitted to the Entrepreneur fully and clearly described within 2 months after the Consumer has discovered the defects.
3.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 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.
4.If a complaint cannot be resolved mutually, a dispute that is subject to dispute resolution will arise.
5.In case of complaints, a Consumer should first contact the Entrepreneur. Refer to the contact details mentioned in Article 2 for direct communication.
Article 15 - Disputes
1.Agreements between the Entrepreneur and the Consumer to which these General Terms and Conditions apply are governed exclusively by Belgian law. This applies regardless of the Consumer's domicile.
2.The Vienna Sales Convention does not apply to these agreements.
Article 16 - Additional or Different Provisions
Additional provisions or provisions that deviate from these General Terms and Conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a Durable Medium.