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Seller

EMILEA (Stilmark SPRL) is registered at the address: 479 Chaussée de Jette, 1090 Jette (Brussels) with business registration number: 0891.811.070 and VAT number: BE 0891.811.070 ("Seller").

Application

The following terms are applicable to all contracts, deliveries, goods and services between EMILEA (Stilmark SPRL) and their clients*. Our clients are professionals if they are not consumers. All our clients are supposed to be competent and responsible for their purchases.

If clients have terms and conditions differing from those of EMILEA, they are to be disregarded explicitly.
Any terms other than those outlined below requires a specific written accept from EMILEA to be valid.
We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on the website.
We ask to read these terms carefully.

*These are consumers, if they are consumers under the legal definition in article 1649bis §2, 1° of the Civil Code, or article 1,7 in the law on Commercial Practices of July 14th 1991

Contract and delivery

Orders through EMILEA are valid only after an order confirmation mail from EMILEA. If clients e-mail address is not valid, the purchase is not valid, and thus EMILEA has no liability.

EMILEA only delivers for retail, and thereby refuses delivery to wholesalers and professional retailers. We reserve the right to limit the sale of our items to an amount consistent with commercial practice. The delivery is made by a company commissioned by us, only on the territory of the European Union (delivery area) at the address specified by the Customer when placing the order.

If an item was determined not to be available, we are committed to immediately inform of the non-availability. Where appropriate, we will suggest an article of equivalent quality and price (replacement item). We will refund without delay the missing article. The replacement article can be returned at the same conditions as any other article purchased (see return policy).


Order

When you click on 'Checkout', you will be asked for some details we need to complete the order. It is possible to check and correct any errors in your order until you submit your order on the secure ordering page. All orders made through EMILEA are subject to acceptance by us, by an order confirmation. We may choose not to accept your order and will not be liable to you or to anyone else in those circumstances.

Your order confirmation will contain your order number and details of the goods that you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order that will only be accepted when final payment is made.

Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the goods you have ordered have been dispatched to you, after receiving your payment unless we have notified you that we do not accept your order or you have cancelled it in accordance with our cancellation and return policy.

Delivery times

Delivery times are shown for informational purposes only and do not constitute a commitment nor a guarantee. Non-compliance with delivery dates given can not give right to damages, nor justify the termination of the sales contract unless a significant delay in delivery is due to gross negligence by EMILEA.

Sales and bargains

Sales periods are currently defined by Belgian law.

Individual campaigns state the duration of the campaign in the communication.

Discounted items are available while stock lasts.

Items bought during sales cannot be refunded. Exchanges are possible, after written consent by one of Emilea's employees, but all costs in relation to the exchange are to be worn by the buyer, such as shipping costs or the difference in price when applicable, except for obvious fabrication errors.

Price and Shipping per Order

The prices are the ones listed on the website; they include the legal VAT, but exclude delivery charges. They are all listed in Euros. We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination.

Prices that are reduced for sales and promotions are only valid for the specified period.

We reserve the right to adjust prices, offers, goods and specifications of goods on the website at our discretion at any time before (but not after) we accept your order.

The shipping cost is free for orders of more than or equal to €45, - (with VAT), in Belgium. For orders under this amount, the packaging and transportation cost is € 3,- (with VAT). For other countries, the postal charges varies according to the destination.

Processing orders is always free of charges.

We offer you a free gift-wrapping possibility if indicated in the order, individually per item, although an omission or error on this does not give the right to any claims or damages. During sales we can not provide giftwraps for our products, due to the large number of orders coming in this period. Thank you for your comprehension.

Special conditions: free shipment is not offered when it comes to items bought during period of sale. We will offer you the the lowest shipping rate for your destination. The cost of transportation and delivery will be indicated separately when checking out.


Payment

Payment is due prior to delivery. As soon as the payment is received by EMILEA, the order is processed and shipped within the shortest possible time.

The total cost of your order is the price of the goods plus delivery charges, if applicable, as set out in the Delivery options section and will be confirmed to you on the final step before you click on the "submit order" button.

Payment can be made by Adyen: Visa, Mastercard, Maestro, American Express or via your online banking system: KBC, CBC, AXA, Fintro, BNP Paribas, ING & Belfius. All of our payment methods are instant and all of these payment methods are 100% secure.
For information on Adyen payments please visit http://www.adyen.com/.

You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

If you prefer to pay via bank transfer, please contact us via mail or livechat and we will process your order. You will then receive all necessary details via mail to transfer the amount of your purchase to our bank account below:

Keytrade Bank SA, Vorstlaan 100, 1170 Brussels
Account N°: 651-1486966-59
IBAN: BE84651148696659
BIC: KEYTBEBB
NOTE: #your ordernumber

Reflexion time and Return policy

At EMILEA you have some reflexion time, meaning if an item is not to your liking, you can return it to us within 14 days upon receipt of the goods. Returns have to be in unused state (other than to the extent reasonably necessary to examine the item), and with all the original swing tags attached, with your order number. Before returning the item, you should send us an e-mail at returns@emilea.be. EMILEA has the right to refuse any returns that have not been reported or if they are not stamped sufficiently.

For reasons of hygiene, please ensure that all underwear and swimwear are tried on over your child's own underwear. We reserve the right to refuse returns of items where it is apparent that this has not been done.

You will receive a voucher of the purchase price paid of the returned goods, deducted the delivery costs and other discounts were relevant. You can also ask to get a refund for the value of the returned goods. If the goods are damaged when returned, the voucher value will be reduced accordingly, equaling the value of the goods that are damaged or used.

Return vouchers are generally not possible for items on sale.

Customers are liable for the goods until they arrive at EMILEA. Therefore we recommend you to use a secure or trackable method for return delivery. In case of a refund, there should be proof of receival of the returned goods, in case of a lost parcel of non receival of the goods, the refund will be refused.

All items are checked thoroughly before shipment at EMILEA. The customer is reliable to check them upon receipt of their parcel. Do not ever accept parcels that are clearly damaged during transportation and check your items immediately upon receipt. If you determine damage, we ask you to inform us as soon as possible and to mail us a picture of the damaged item(s).

Special conditions: items bought during sales can only be exchanged within that sales period. All delivery costs relating to exchanges will be for the customer to pay. No refunds, unless there is an obvious fabrication error.


Risk Transfer and Retention of Title

The transfer of risks to the goods takes place at the time of delivery. The transfer of ownership of goods takes place when the client has paid the total agreed price. While the amount is not paid in full, the client has no right to dispose of the goods, including transforming them, giving them as security or by selling them to a third party or making them available to a third party.

Accountability and complaints

Although we try our best to keep this website updated and correct, faults, errors or mispellings might still occur, as well as connectivity problems or loss of such. EMILEA declines any responsability to damages resulting from those, wheiter direct or indirect.
Errors made by EMILEA (e.g. a mistake in quantity or in product), as well as any apparent defect, shall be notified by mail within 5 days of delivery, on risk of foreclosure. The client must notify any hidden defects by mail within 14 days of discovery of the hidden defect, on risk of foreclosure.
EMILEA is committed to send you products and goods that are true to those presented on its website. But small discrepancies might occur (e.g. colors and shapes); they are due to technical reasons and are therefore not considered as a defect. Should this displease the client, and is not to his satisfaction, please consult our return policy.
We are committed to provide you with the best goods, but defects can occur, and will be handled in the best possible way, either by a replacement or by a refund, unless the damage is due to improper handling, acts of violence or natural wear. Responsibility is in each case limited to the value of the goods purchased, not indirect damage, loss of profits, revenues, income, contracts, goodwill, loss of image, or the loss of savings. The above provisions do not affect the statutory rights of Consumers under the federal law regarding the sale of consumer goods.

Right to Withdraw Goods

We reserve the right to withdraw any goods from the website at any time. We will not be liable to you or anyone else for withdrawing any goods from the website.

Protection of personal data

Personal details given when an order is entered will be treated by EMILEA, 479 Chaussée de Jette, 1090 Jette (Brussels), Belgium, for treatment of the order purposes and for direct marketing. These personal details are necessary to handle the order. Should the client not give this information, EMILEA can refuse to conclude or execute the contract.

The information can be communicated to third parties in order to fulfil the contract (e.g. the carrier), and, with the clients consent, for direct marketing purposes. During the commercial relationship with the client, and the existence of his personal account, his personal details can be communicated to other companies of Stilmark SPRL. Clients can at any time and free of charges refuse that his personal details are communicated to third parties for direct marketing purposes.

Clients can at any time change their personal information on their account or cancel their account, by accessing this one on line, with their personal login and password.

Applicable law and jurisdiction

Belgian law governs these Terms. In case of dispute, the Courts of Brussels shall have jurisdiction, without prejudice to the provisions of Article 624 of the Judicial Code in the case of a sale to a consumer.

Invalidity

If  a provision, in whole or in part, of these Terms and conditions or a contract to which these terms are applicable is declared null and void, this invalidity shall not affect the validity of the remaining provisions of these Terms or a contract to which they are applicable.


Cancelling your order

You can always cancel your order before it is shipped and before you receive our confirmation email. If so, please contact us asap by e-mail info@emilea.be.

Already dispatched orders cannot be cancelled, however you will be able to return it, according to our return policy.

Damaged items

Defaults will be handled in the best possible way, either by offering a repair or a refund.

In case of a default, you must notify us by mail within 14 days of discovery of the hidden default. We ask you to always send us a picture of the default, so we can determine the faulty goods.

Compensation is offered, unless the damage is due to improper handling, acts of violence or natural wear. Responsibility is in each case limited to the value of the goods purchased.

Wear and tear

An item is considered used when the original tags have been removed, or if it has been washed, used, worn or has been otherwise damaged. All other states but the original one, without exception, makes the item become used.

Consumer protection

At Emilea you can rest assured that you are protected as a consumer. We are certified by the Belgian e-commerce label BeCommerce, and as a conscientious believer of Great Service we follow their code of conduct (BeCommerce - Gedragscode | BeCommerce - Code de conduite).

BeCommerce is also a member of Ecommerce Europe.

Returning items

Should an item not be to your liking or is it rather large or too small, you have the possibility to return it to us, within 14 days of receipt.

Returns have to be in unused state (other than to the extent reasonably necessary to examine the item), and with all the swing tags attached, with your order number. Before returning the item, you have to send us an e-mail at returns@emilea.be. EMILEA has the right to refuse any returns that have not been reported or if they are not stamped sufficiently.

You can exchange the item, or you can get a voucher. We do not reimburse shipping costs for returns. If the item is damaged upon return, the value of the voucher will be reduced accordingly.

If wanted, you can also get a refund for the value of the returned item. Therefore, you should send us an email with your bank account details (IBAN + BIC) with your request for a refund. Refunds are only applicable on items bought at full retail price, not on discounted items due to sales or other promotions. Please note: if the value of the order falls below the qualifying amount to get free shipping, the free postage fee will be deducted from the refund.

Returns should be sent to:

EMILEA
Stilmark SPRL
479 Chaussée de Jette
1090 Jette (Brussels)
Belgium

For reasons of hygiene, please ensure that all underwear and swimwear are tried on over your child's own underwear. We reserve the right to refuse returns of items where it is apparent that this has not been done.

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