General Terms and Conditions of Sale

Article 1 - Definitions

The Seller refers to Bonbon Conceptstore SPRL, with its registered office located at rue du couvent 9, 4700 Eupen, and registered under company number BE0848195516. The Bonbon Conceptstore Shop is the Seller’s “Bonbon Conceptstore” establishment located at rue du couvent 9, 4700 Eupen.

The Site is the online sales platform hosted at the address www.bonbon-conceptstore.com

The Buyer is any person making a purchase on the Site or in the Bonbon Conceptstore Shop.

The Buyer and the Seller are hereinafter referred to jointly as the “Parties”.

The Products are the Seller’s goods offered for sale on the Site or in the Bonbon Conceptstore Shop.

Article 2 - Object and scope

2.1. These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions”) exclusively govern the contractual relations between the Seller and the Buyer. These General Terms and Conditions define the terms and conditions for sale, ordering, payment, and delivery regarding the Products.

2.2. The General Terms and Conditions are communicated to the Buyer and accepted by the latter without reservation prior to any order. They can be consulted at any time at the Bonbon Conceptstore Shop or online at the following address: hello@bonbon-conceptstore.com

2.3. The General Terms and Conditions and the order confirmation sent to the Buyer form the contract and govern the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, the order confirmation shall prevail. In the event of a contradiction between the different language versions of the General Terms and Conditions, the French version, the original version of the General Terms and Conditions, shall prevail. 2.4 The nullity, lapse, or unenforceability of a provision of the General Terms and Conditions due to a contradiction with current legal or regulatory provisions shall not affect the validity of the other provisions of the General Terms and Conditions, which shall retain their full legal force. The provision that is entirely or partially null, lapsed, or unenforceable shall be deemed unwritten and shall be replaced or considered as having been replaced by a similar provision compliant with the legislation and which shall, as far as possible, pursue the same purpose as the inapplicable provision. 2.5 The Seller reserves the right to modify the General Terms and Conditions at any time.

Article 3 – Description and availability of Products

3.1. The Products are offered for sale subject to availability. On the Site, the Seller makes every reasonable effort to display the availability of Products in real time but cannot be held liable if a Product is no longer available, such that it is impossible to fulfill an Order placed by a Buyer.

3.2. In the event of the unavailability of a ordered Product, the Buyer will be informed by email and will have the option to either modify their order or cancel it, in which case they will be refunded the amount of their purchase within 14 calendar days.

3.3. Photographs, texts, and other descriptive elements illustrating the Products do not fall within the contractual scope. If these photographs and/or texts contain errors, the Seller cannot be held liable for this. The Seller undertakes to use its best efforts to correct errors or omissions as quickly as possible after having been informed of them.

Article 4 – Price, processing fees, and delivery

4.1. Product Purchase Price. The prices indicated are in euros and include VAT. These prices do not include any delivery fees that may be charged to the Buyer, nor any discounts, and do not take into account any gift vouchers granted to the Buyer on a personal basis.

4.2. Delivery fees. If delivery is possible, the applicable delivery fees will be indicated on the Site or communicated upon request. In this case, when placing the order, Buyers undertake to pay, in addition to the purchase price of the ordered Products, the delivery fees (hereinafter the “Fees”). These Fees vary according to the type and quantity of Products ordered as well as the delivery method chosen and are inclusive of VAT. The Seller reserves the right to modify the amount of the Fees at any time, but the Fees will be charged to the Buyer based on the rates in effect at the time of validation of the Order, and subject to Product availability.

Article 5 – Order Procedure

5.1. To be able to purchase Products on the Site, the Buyer must first and validly create a personal account by completing the form provided for this purpose. The Buyer guarantees the accuracy and completeness of the mandatory data provided. They undertake to inform the Seller of any change of address and other modifications by updating their personal data on their account as soon as possible.

5.2. The access codes to the personal account are personal and confidential. The Seller declines all liability in the event of misuse of a Buyer's access code.

5.3. To place an Order, the Buyer must read these General Terms and Conditions and accept their content. The Seller cannot be held liable for the consequences of providing incorrect information. After filling out the order form, the Buyer is invited to confirm their order by clicking on “check out”; by this click, the Buyer definitively validates their Order and is liable for the amount thereof. The order confirmation constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and serves as proof of the purchase, its terms, and the exigibility of the sums due in execution of said order.

5.4. Within 24 hours after the order, the Seller will confirm it by sending an email to the Buyer at the address indicated in their personal account (hereinafter “Order Confirmation”). The data recorded by the Seller, as well as the Order Confirmation, will constitute proof of the contractual relations established between the Parties and their content.

5.5. The Seller reserves the right to refuse or cancel any order or delivery in the event of (i) an existing dispute with the Buyer, (ii) total or partial non-payment of a previous order, (iii) in the event of an abusive return during a previous order, or (iv) refusal of credit card payment authorization by banking institutions. In this case, the Seller cannot, under any circumstances, be held liable.

Article 6 – Payment terms

Payment for purchases is made immediately after the Order Confirmation by BANK CARD, by BANCONTACT/MISTERCASH. All payments are fully secured: the server is in encrypted mode and all information transmitted is coded. The ordered Product(s) remain the property of the Seller until full payment of the price and any Fees.

Article 7 – Handover of the Product – Delivery – Product non-conformity

7.1. Handover of the Product to the Buyer takes place at the Bonbon Conceptstore Shop or, when delivery is possible, at the Buyer’s premises or another address indicated by them when ordering (home, workplace, or other). Delivery will be carried out only upon production of the Buyer’s identity card. If the Buyer cannot take possession of the Product personally or ensure the receipt of the delivery, they must notify the Seller in advance by email and provide the contact details of the person they have mandated to receive the Product. When handing over the Product to the designated person, a properly executed power of attorney, with a copy of the Buyer’s identity card, will be required. Failing compliance with these formalities by the Buyer, for security reasons, the delivery will not be carried out and the Buyer will have to present themselves again or contact the Seller to arrange a new delivery at their own expense. Unless otherwise expressly indicated, deliveries are made “to the front door” of the indicated address or, in the case of an apartment building, to the ground floor thereof.

7.2 The Products will be available at the Bonbon Conceptstore Shop from the date indicated in the Order Confirmation or, if applicable, delivered on the date and time mentioned in the Order Confirmation. In case it is impossible for the Seller to meet the indicated deadline, the Seller will contact the Buyer as soon as possible to set a date for a new delivery. For large-sized Products (such as bedrooms, playpens, strollers, etc.) delivered to the Buyer at the Bonbon Conceptstore Shop, the Seller recommends that the Buyer make an appointment at least 24 hours in advance so that the Products can be transferred to the Bonbon Conceptstore Shop from stock.

7.3. The transfer of risks relating to the Product to the Buyer occurs at the time of delivery to the Buyer. Each delivery is deemed to have been made upon handover of the Product to the Buyer or to a third party designated by them. Proof of this handover of the Product will be evidenced by a document provided by the Seller if the delivery is carried out by the Seller or, in other cases, by the control system used by the company mandated to carry out the delivery.

7.4. It is the responsibility of the Buyer or the person instructed by them to receive the Product to check it upon receipt and to issue any reservations and claims that appear justified, or even to refuse the package if it is likely to have been opened or if it bears manifest signs of deterioration. Any error in the quantities or specifications of the delivered Products or any damage caused to the Products during transport as well as any apparent defect of the Product must be notified in writing to the Seller within 3 calendar days from the date of delivery. This notification must be detailed. In the absence of written notification, the receipt of the delivered Products implies acceptance of the quantities set in the Order, the conformity of the Products delivered with the ordered Products, and confirmation that the Products delivered have not been damaged by delivery or transport, nor do they suffer from any apparent defect. 7.5 In the event of an apparent defect or damage caused to the Products during delivery or transport, or the delivery of Products not conforming to the ordered Products, noted by the Seller during delivery if it took place at their premises, the Seller shall retake possession of the non-conforming, damaged, or defective Products and proceed with their replacement as soon as possible from the date of observation of the problem by the Seller.

If the delivery did not take place at the Bonbon Conceptstore Shop, in the event of an apparent defect or damage caused to the Products during delivery or transport or the delivery of Products not conforming to the ordered Products that have been subject to a notification to the Seller within the prescribed period, the Buyer shall return the Product to the Seller within 10 business days following notification of the defect or error to the Seller, at the Seller’s expense. The Seller shall acknowledge receipt of the non-conforming Products and proceed, at its own expense, to replace them as soon as possible and, if applicable, to reimburse the return costs, at the latest within 30 calendar days from the date of receipt by the Seller of the non-conforming, damaged, or defective Product. In the event of failure to comply with this period, the Buyer shall be deprived of their right and payment for the Order shall remain acquired by the Seller.

7.6 With the exception of the Products listed below, Products may be exchanged in their original packaging within 14 days following their delivery or the Buyer’s taking possession of them, provided they are in perfect condition and have never been used. The Buyer who wishes to exchange a Product must return it either by dropping off the Product for free at the Bonbon Conceptstore Shop or by sending the Product back to the Bonbon Conceptstore Shop at their own expense. The Buyer may then choose another Product or a gift voucher valid at the Bonbon Conceptstore Shop. In the case of an exchange, any delivery fees will be borne by the Buyer.

Unless otherwise expressly agreed in writing by the Seller, the following Products cannot be exchanged:

• sale items or items on which a price reduction has been applied
• personalized or custom-made items
• furniture (bedroom, playpen, bathroom furniture, etc.)
• strollers, prams, cribs, car seats
• items with a value greater than €300.

Article 8 – Right of withdrawal and return conditions

8.1. In the event of distance selling, the Buyer has a withdrawal period of fourteen (14) calendar days, starting from the day of delivery or handover of the Product. In the event that the order covers several Products which are subject to several deliveries, the period begins on the day after the day on which the Buyer or the third party designated by them physically takes possession of the last Product.

The Buyer may exercise this right without penalty and without justification by using the standard withdrawal form provided at the end of the General Terms and Conditions or an unambiguous statement setting out their decision to withdraw from the contract, which they send to the Seller by email to the address hello@bonbon-conceptstore.com. If applicable, the Buyer shall indicate whether they wish to replace the ordered Product with another Product or the same Product with other specifications. The Seller will acknowledge receipt of the Withdrawal or Exchange by return email. From the communication of their decision to withdraw to the Seller, the Buyer has a period of fourteen days to return the Products to the Seller. In the event of failure to comply with this period, the Buyer shall be deprived of their right of withdrawal, and payment for the Order shall remain acquired by the Seller.

8.2. The return will be carried out either by dropping off the Product for free at the Bonbon Conceptstore Shop or by sending the Product back to the following address: rue du couvent 9, 4700 Eupen, unless otherwise instructed in the email acknowledging receipt of the withdrawal. The costs of returning the Products in the event of withdrawal and the risks associated with the return are borne by the Buyer, who is responsible for the proper completion of the Product return operation. The goods may be returned by post or by any means of transport of the Buyer’s choice but at their own responsibility. The Buyer must keep proof of shipment of the Products.

8.3. In the event of the exercise of their right of withdrawal by the Buyer in accordance with the terms agreed in points 8.1 and 8.2, unless the Buyer has indicated a wish to replace the returned Product with another, the Seller undertakes to reimburse the Buyer for the Price and any Fees (with the exception of additional costs resulting from the fact that the Buyer has chosen, if applicable, a delivery method other than the least expensive standard delivery method offered by the Seller) at the latest within 14 calendar days following the day the Seller has retaken possession of the goods, or until the Buyer has provided proof of shipment of the goods, the date retained being that of the first of these facts. This reimbursement will be made by the same means of payment as that used by the Buyer for the initial transaction, unless otherwise expressly agreed by the consumer for another means of payment.

8.4. The Products must imperatively be returned properly protected, in their original packaging, in a perfect state for resale (not damaged, spoiled, or soiled by the Buyer), accompanied by a copy of the invoice as well as all accessories, instructions for use, and documentation to the address indicated in point 8.2. Products for which no enclosed element allows identification of the Buyer sender, or damaged Products, cannot be taken back (surname, first name, address). Returned Products that cannot be accepted for return are kept at the Buyer’s disposal for a period of 3 months. The payment then remains acquired by the Seller. The Buyer is invited to indicate the return on the copy of the invoice to be attached to the package.

Article 9 – Legal warranty

9.1. The Buyer benefits from the legal warranty under articles 1649 bis and following of the Civil Code for any lack of conformity of the Product existing at the time of delivery and which appears within a period of two years from that date, unless the Buyer knew of the defect at the time of the Order or could not reasonably have been unaware of it.

In this case, in addition to damages where applicable, the Buyer has the right to demand from the Seller either the repair of the goods or their replacement, under the conditions provided below, or an appropriate reduction in price or the rescission of the contract, under the conditions provided below. However, account shall be taken, where appropriate, of any aggravation of the damage resulting from the use of the goods by the Buyer after the moment at which they discovered the lack of conformity or should have discovered it. The Buyer has the right, in the first instance, to demand from the Seller the repair of the goods or their replacement, in both cases free of charge, unless this is impossible or disproportionate. Any repair or replacement must be carried out within a reasonable time and without major inconvenience to the Buyer, taking into account the nature of the goods and the purpose intended by the Buyer. The costs referred to in the preceding paragraph are the necessary costs incurred to bring the goods into a compliant state, in particular the costs of shipping the goods and the costs associated with labor and materials. The Buyer has the right to demand from the Seller an appropriate price reduction or the rescission of the contract: - if they are entitled to neither repair nor replacement of the goods, or - if the Seller has not carried out the repair or replacement within a reasonable time or without major inconvenience to the consumer. The Buyer is not entitled to demand the rescission of the contract if the lack of conformity is minor.

9.2. The Buyer must inform the Seller of their intention to invoke the legal guarantee, in writing, no later than two months from the day they discovered the defect. The costs of returning the non-conforming item shall be borne by the Seller.

9.3. The guarantee does not apply in case of: (i) non-compliance with handling and maintenance instructions; (ii) incompatible use of the Product or use in a manner other than a normally foreseeable use; (iii) normal wear and tear; (iv) assembly, modification, installation and/or repair of the Product by the Customer and/or third parties; or (v) damage due to improper use of the Product.

Article 10 – Privacy regarding the processing of personal data 

10.1 Personal data is any information that relates to an identified or identifiable natural person. The Seller collects and processes categories of personal data concerning Buyers such as administrative data like name, first name, address, email address, telephone number, etc. The collection of personal data is carried out fairly and lawfully. This personal data is transmitted to the Seller directly by the Buyer.

10.2 The data controller for personal data is the Seller, who handles the processing personally and will store the data in their files. The collection and processing of data pursue the following purposes: - the proper execution of the Contract; - customer management; - the realization of market research and the establishment of usage profiles; - fraud detection;

- the realization of information and/or promotional operations regarding the Seller's products or the products of its commercial partners; - compliance with its legal obligations.

In accordance with legal requirements, the Seller has declared said processing of personal data to the Commission for the Protection of Privacy.

10.3. Personal data is stored for the duration necessary for its processing purposes.

10.4 The Seller takes all required technical and organizational measures to protect personal data against any accidental or unauthorized destruction, against any accidental loss, as well as against any unauthorized modification, access, and processing. These measures are regularly adapted to ensure maximum protection of the Buyers' personal data. The Seller ensures that its employees and partners treat the Buyers' personal data with strict confidentiality.

10.5. The Seller may transmit its Buyers' personal data to subcontractors or third parties with whom it forms partnerships. These subcontractors and third parties have access to this personal data, limited in the former case to the execution of their mission, and in the latter case to the object of the partnership. The Seller ensures that its subcontractors take all required technical and organizational measures to protect the personal data of the Buyers to which they have access. Except in the aforementioned cases, the Seller never communicates the Buyers' personal data to third parties, unless it is to fulfill legal obligations. 10.6 The Buyer has the right:

- to consult at any time the personal data that the Seller has registered concerning them and to have any inaccurate or incomplete data corrected; - to request that their personal data be deleted from the Seller's files so as to no longer be contacted for direct marketing purposes; - to request that their personal data be deleted from the Seller's files. Any request for rectification or deletion of personal data must be made by email to the following address hello@bonbon-conceptstore.com.

10.6. The Seller records information relating to the connection established by any internet user with the Website and the software used by the manager thereof for this purpose. This information includes in particular the internet user's IP address, the dates and times of the moment the Website is visited, the type of browser used by the internet user, as well as the pages visited and consulted by them. This connection data is used by the Seller to establish statistics, improve the quality of the Website, and personalize its product and service offers. The Seller may identify the internet user's IP address and link it to the personal data at its disposal when the internet user is a Buyer.

10.7. The Seller uses what are known as 'cookies'. 'Cookies' are pieces of information that are transferred to the hard drive of any internet user's computer each time they surf the Site. The cookies issued by the Seller allow it to:

- establish statistics and volumes of traffic and usage of the various elements making up the Site (sections and content visited, paths, etc.) with a view to improving it;

- adapt the presentation of the Site according to the internet user's preferences (language used, etc.) in order to personalize and facilitate their navigation;

- guarantee the Buyer secure identity verification (access to their account, contents of a shopping cart, etc.);

- adapt its advertisements to the internet user's browsing habits in order to propose offers that best match their interests.

The internet user has the possibility, at any time, to refuse cookies by setting their browser accordingly. In this case, they then lose the possibility of personalizing the service offered to them by the Seller. The Seller recommends that the internet user browse the Internet with a recent browser, which will be more secure and will allow them to configure the management of cookies according to their preferences in a simple way.

10.8 Some web pages of the Site may sometimes contain electronic images or "web beacons," which allow the number of visitors to the page to be counted. These web beacons may be used in concert with some of the Seller's partners, in particular to measure and improve the effectiveness of certain actions. The information obtained via these beacons simply allows for the collection of statistics on the traffic of certain pages of the Site, in order to better serve the Buyers.

10.9 The Site may contain hyperlinks to websites not managed by the Seller. If the internet user visits these websites, the Seller advises them to carefully consult the personal data protection policy appearing on these sites. Under no circumstances can the Seller be held responsible for the policy or practices of the managers of these websites.

Article 11 – Liability

The Seller only contracts obligations of means for all stages of access to the Site, the ordering process, delivery, or services subsequent thereto. The Seller's liability cannot be sought for any inconvenience or damage inherent to the use of the Internet, such as a service interruption, external intrusion, or the presence of computer viruses, or for any event that may be qualified as force majeure.

For the application of these General Terms and Conditions, "Force majeure" is understood to mean: any event over which Bonbon ConceptStore SRL does not have reasonable control, including but not limited to strikes, lock-outs, lockdowns, delays or interruptions in transport, acts of war, epidemics, riots, fires, orders, regulations or prescriptions issued by the government or administration, atmospheric conditions making the execution of the contract temporarily difficult or impossible, acts of third parties, etc., whether these problems occur at Bonbon Conceptstore SRL or at the Customer's premises and without Bonbon Conceptstore SRL being required to demonstrate their influence.

Generally speaking, the Seller is only liable for its own fraud, gross negligence, or that of its employees or subcontractors. In any event, the Seller's liability under these General Terms and Conditions shall not exceed a sum equal to the amounts paid or payable during the transaction at the origin of said liability, regardless of the cause or form of the damage.

Article 12 - Intellectual property

All elements of the Site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks, or patents and more generally by intellectual property as well as by the law relating to databases. They may under no circumstances be reproduced. A Buyer who has a personal website and who wishes to place, for personal use, a simple link on their own site leading directly to the Site, must necessarily request authorization from the Seller. In any case, any link, even if tacitly authorized, must be removed upon simple request from the Seller.

Article 13 - Proof

Computerized records, stored in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of communications, orders, and payments having taken place between the Parties.

Article 14 - Contact and dispute resolution

In case of questions regarding their purchase, the Buyer may contact the Seller using the contact forms available on the Site. In the event of a dispute, an amicable solution will be sought before any legal action. In the absence of an amicable settlement, only Belgian law will be applicable and the courts of the judicial district of Liège will have sole jurisdiction.