Emmanuelle Smeesters

1. DEFINITIONS AND SCOPE OF APPLICATION

The general conditions of sale of products, hereinafter referred to as “the general conditions” are applicable to all orders placed with Pinky Chips srl registered with the ECB under BE0797.658.714 and whose head office is located at Avenue de la Reine 131 , 1310 La Hulpe, hereinafter referred to as “the seller”.

These general conditions form the contract binding the seller and the customer. The seller and the customer are hereinafter commonly referred to as “the parties”.

The “customer” is any natural or legal person who orders products from the seller.

The “consumer” is the customer, a natural person, who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity.

These general conditions are the only ones applicable. In any event, they exclude the customer's general or specific conditions that the seller has not expressly accepted in writing.

The general conditions are freely accessible at any time on the seller's website: "www.pinkychips.com", so that by placing an order with him, the customer declares to have read these general conditions and confirms his acceptance of the rights and obligations relating thereto.

The seller reserves the right to modify these general conditions at any time and without prior notification, subject to making these modifications appear on its website. These changes will apply to all orders for product(s) subsequently placed.

2. OFFER AND ORDER

To place an order, the customer chooses the product(s) he wishes to order by surfing the seller's website, indicates the contact details requested, verifies the accuracy of the order, and then makes payment for his order. .

After receiving confirmation of payment of the order from the banking organization, the seller sends the customer a summary of his order, including in particular the order number, the products ordered as well as their price, these general conditions or a link to these, as well as an indication of the probable execution time of the order.

The seller reserves the right to suspend, cancel or refuse a customer's order, particularly in the event that the data communicated by the customer proves to be manifestly erroneous or incomplete or when there is a dispute relating to payment. from a previous order.

In the event of cancellation of the order by the customer after its acceptance by the seller, for any reason whatsoever, except in the case of force majeure, a sum equivalent to 30% of the price of the order will be acquired from the seller and invoiced to customer, for damages.

3. PRICE

The price of the products is indicated in euros, all taxes included.

Any increase in VAT (Value Added Tax) or any new tax that may be imposed between the time of the order and that of delivery will automatically be charged to the customer.

Any delivery costs are not included in the price indicated, but are calculated separately, during the ordering process, depending on the method and location of delivery as well as the number of products ordered.

4. DEADLINES

Unless otherwise provided in writing expressly accepted by the seller, the delivery times mentioned in the special conditions are not strict deadlines. The seller's liability can only be incurred if the delay is significant and if it is attributable to him due to gross negligence.

The customer may not invoke delivery times to request termination of the contract, claim damages or assert any other claim, unless otherwise stipulated in writing and expressly accepted by the seller.

In the event of a delay exceeding the period of thirty working days, the customer must send a formal notice by registered mail to the seller, who can then benefit from 50% of the prescribed time to deliver the product(s) ordered.

5. RESERVATION OF OWNERSHIP

The seller remains the owner of the products ordered until full payment has been made.

The right of ownership of the products is only transferred to the customer after collection or delivery of the items and after full payment of the order. By way of derogation from article 1583 of the Civil Code, the items sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. Until payment of the sale price has been made, the customer is prohibited from pawning the items, offering them, or using them as security in any way whatsoever. The customer is expressly prohibited from making modifications to these articles, from making them real estate by incorporation or by destination, from selling them or disposing of them in any way whatsoever.

As long as the seller has the property rights to the delivered goods, in accordance with the provisions of this article, the customer will remain responsible for maintaining these products in good condition. During this period, only the customer may be held responsible for any loss or damage to the products. If necessary, the customer undertakes to insure the products against any risk. The customer also undertakes to store the products in such a way that they cannot be confused with other products and that they can at all times be recognized as being the property of the seller.

6. RIGHT OF WITHDRAWAL

In accordance with article VI.47 of the Code of Economic Law, the consumer who orders products remotely from the seller has a period of 14 calendar days from the date, for the products, of the day of delivery of the products or of notification of their availability at the planned collection point, to notify the seller that he is renouncing the purchase, without penalties and without indication of reasons.

When this deadline expires on a Saturday, Sunday or public holiday, it is extended to the first following working day.

The consumer may notify his/her desire to renounce the purchase by an unambiguous declaration explaining his/her decision to withdraw from the contract by sending an e-mail to the address Retour@pinkychips.com

The consumer must return the product(s) upon purchase of which he/she has renounced in perfect condition in its/their original packaging.

Only direct return costs will be the sole responsibility of the consumer.

The seller will return the amount paid as soon as possible and no later than 14 days from the seller's receipt of the re-shipped items.

The consumer who opens or uses a product before the expiry of the withdrawal period is deemed to have waived the right to exercise his right of withdrawal relating to this product.

Likewise, the consumer will not be able to exercise the right of withdrawal if he finds himself in the case of one of the other exceptions referred to in article 53 of book VI of the Code of Economic Law, in particular in the case of the supply of goods made to the consumer's specifications or clearly personalized.

7. DELIVERY OF THE ORDER

Delivery times indicated by the seller are provided for information purposes only and are not binding on the seller. A delay in the delivery of the order will therefore under no circumstances give rise to any compensation, termination of the contract, suspension of the customer's obligations, or the payment of damages.

The order is only delivered to the customer after full payment. The transfer of ownership and the burden of risks takes place when the order is fully paid. The customer is therefore advised of the fact that he alone bears the burden of the risks linked to delivery.

8. AVAILABILITY

The products offered for sale by the seller are within the limits of available stocks.

In the event of unavailability of one or more product(s) after payment of the order, the seller undertakes to inform the customer as soon as possible and to give him the choice between a refund or a modification of his order. or a delivery postponed at the end of the stock shortage of the product(s) concerned.

9. RECEIPT OF THE ORDER AND COMPLAINTS

The customer is required to check the apparent good condition as well as the conformity of the products delivered to him or that he collects from the collection point provided with the products he ordered.

Any complaints must be made in writing, within 14 days after delivery of the order or notification of its availability at the planned collection point. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order.

If a complaint proves to be founded, the seller/service provider will have the choice between replacing or refunding the price of the products concerned.

10. INTELLECTUAL PROPERTY

The information, logos, designs, brands, models, slogans, graphic charters, etc., accessible through the website or the seller's catalog are protected by intellectual property law.

Unless expressly agreed otherwise in advance, the customer is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the website or the seller's catalog .

Unless expressly waived, the agreed price therefore does not include any transfer of intellectual and/or industrial property rights for any reason whatsoever.

11. GUARANTEES

◦ Legal guarantee for all customers

In accordance with articles 1641 to 1643 of the Civil Code, the seller is required to guarantee the products against hidden defects which make the products unfit for the use for which they are intended, or which reduce this use to such an extent that the customer would not have acquired them. or would have given only a lower price if he had known them.

In the event of discovery of a hidden defect, the customer must act promptly, in accordance with article 1648 of the Civil Code, and will have the choice between returning the product affected by a hidden defect in exchange for a full refund, or to have it keep against a partial refund.

The seller is not required to guarantee the products against apparent defects, which the customer could or should have become aware of at the time of purchase. Likewise, the seller is only required to guarantee the products against hidden defects of which he was aware at the time of the sale, and of which he refrained from warning the customer.

Only the invoice, receipt or purchase voucher are valid as guarantee certificates for the customer vis-à-vis the seller. These documents must be kept by the client and presented in their original version.

◦ Additional legal guarantee for customers who are consumers

This warranty does not apply in the event that the failure results from incorrect use, external causes, poor maintenance, normal wear and tear or any use which does not comply with the manufacturer's instructions. or the seller.

12. RESPONSIBILITY

General. The customer acknowledges and accepts that all obligations owed to the seller are exclusively due to means and that he is only responsible for his willfulness and gross negligence.

In the event that the customer demonstrates the existence of gross or willful misconduct on the part of the seller, the damage for which the customer can seek compensation includes only the material damage resulting directly from the fault attributed to the seller, excluding of any other damage and may not, in any event, exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.

The customer also acknowledges that the seller is not responsible for any direct or indirect damage caused by the products delivered, such as in particular loss of profit, increase in general costs, loss of customers, etc.

The seller is also not responsible in the event of communication of incorrect data by the customer, or in the event of an order placed in his name by a third party.

Finally, it is up to the customer to find out about any restrictions or customs duties imposed by their country concerning the products ordered. The seller cannot therefore be held responsible if the customer has to face any restriction or additional tax to pay due to the policy adopted by his country in this matter.

Materials. If the customer imposes on the seller a process or materials of a specific quality, origin or type, despite the seller's written and reasoned reservations, the latter is released from all liability due to defects originating from the choice of said process or said materials.

13. STYLES, SIZES, CUTS & CONDITION

Please refer to the details of each item for notes and remarks related to the sizes, condition, and possible defects of the clothing that we offer on our site. Please use these notes as a guide and estimate when purchasing as styles, sizes, fits and condition may vary from item to item. We use European sizes unless otherwise specified. If you need more precise information regarding the size or condition of an item, we will be happy to assist you. Simply send your request by email to info@pinkychips.com.

14. INTERNET AND NEW TECHNOLOGIES

The Customer acknowledges the restrictions and risks associated with the use of the Internet or any other means by which the Website is currently or will in the future be made available. The customer also acknowledges the risks of storing and transmitting information digitally or electronically.

The customer accepts that the seller cannot be held responsible for any damage caused by the use of the seller's website (as well as any applications) or the internet, following the aforementioned risks.

The customer further accepts that the electronic communications exchanged and the backups made by the seller can serve as proof.

15. MISCELLANEOUS PROVISIONS

Force majeure or fortuitous event. The seller cannot be held responsible, either contractually or extra-contractually, in the event of temporary or permanent non-performance of its obligations when this non-performance results from a force majeure or fortuitous event.

The following events will be considered in particular as force majeure or fortuitous events: 1) the total or partial loss or destruction of the seller's computer system or its database when one or other of these events cannot reasonably not be directly attributable to the seller and it is not demonstrated that the seller failed to take reasonable measures to prevent any of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) a stoppage of energy supply (such as electricity), 12) a failure of the Internet network or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or to the telecommunications network on which the seller depends, 15) a fact or decision of a third party when this decision affects the proper execution of this contract or 16) any other cause beyond the reasonable control of the seller.

Lack of foresight. If, due to circumstances beyond the seller's control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and faithfully an adaptation of the contractual conditions within a reasonable period of time with a view to restoring balance. In the absence of agreement within a reasonable period of time, each of the parties may invoke the termination of the contractual relationship uniting them without compensation or compensation of any kind whatsoever.

Termination of the contract. In the event of insolvency of the customer or in the event of unpaid debts, even within the framework of previous contracts between the customer and the seller, the latter is entitled to suspend the execution of its obligations until full reimbursement by the customer of any unpaid debt owed to the seller.

In the event of non-performance of its obligations by the customer, the seller may terminate the contract at the sole fault of the customer without delay or compensation and, where applicable, may claim payment of damages by any legal means.

Illegality. The possible illegality or invalidity of an article, paragraph or provision (or part of an article, paragraph or provision) cannot in any way affect the legality of the other articles, paragraphs or provisions of these general conditions, nor the remainder of this article, paragraph or provision, unless there is an obvious contrary intention in the text.

Securities. The headings used in these terms and conditions are for reference and convenience purposes only. They in no way affect the meaning or scope of the provisions they designate.

No waiver. Inertia, negligence or delay by any party in exercising any right or remedy under these terms and conditions shall in no event be construed as a waiver of that right or remedy.

16. APPLICABLE LAW AND COMPETENT JURISDICTIONS

These general conditions are subject to Belgian law.

In the event of a dispute relating to the validity, interpretation, execution or termination of these general conditions, the parties undertake to resort to mediation prior to any other method of conflict resolution.

The parties then appoint an approved mediator by mutual agreement or appoint a third party to this appointment.

Once the mediator has been appointed, the parties define between themselves, with the help of the mediator, the terms of organization of the mediation and the duration of the process.

Either party may end the mediation at any time, without prejudice to it.

In the event of failure of mediation, only the courts of the judicial district of Nivelles will have jurisdiction.