GENERAL TERMS AND CONDITIONS

We, Pink Boutique, are committed to fully complying with the General Terms and Conditions of BeCommerce, the quality mark for buying products and services over the Internet in Belgium and Luxembourg, based on the values of the Thuiswinkel.org guarantee. These General Terms and Conditions take into account the New European Directives Consumer legislation in force since 31.05.2014

Preliminary statement on the right of withdrawal

“The consumer has the right to notify the company that he renounces the purchase, without payment of any penalty and without giving any reason, within 14 calendar days from the day following the delivery of the good or the conclusion of the service contract.”

“The consumer does not have the right to abandon the purchase.”

Both statements apply to the extent permitted by the prevailing consumer legislation. For this, see Book VI of the Economic Code, Articles VI.47 and following. More information can also be found on this government page.

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price Article 10 – Conformity and Guarantee Article 11 – Delivery and execution Article 12 – Duration transactions Article 13 – Payment Article 14 – Prevention Counterfeit 9 – The price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and execution
Article 12 – Continuing transactions
Article 13 – Payment
Article 14 – Prevention of counterfeiting
Article 15 – Complaint handling
Article 16 – Disputes
Article 17 – Disclaimer

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

Entrepreneur: the natural or legal person who is a member of BeCommerce and offers products and / or services to consumers from a distance;
Consumer: the natural person who does not act within the framework of a professional activity.
Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
Grace period: The period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period according to art. 47 Market Practices Act;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable medium: every means that enables the consumer or trader to store information addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.

Article 2 – Identity of the trader

Pink Boutique
Address of shop: Oudaen 15 w 9, Antwerp
Postal address: Oudaen 15 w 9, 2000 Antwerp
KPBnr: BE0849100782

Telephone: +32 465071 857
E-mail address:
Wednesday – Friday, 11 a.m. – 6 p.m. (except public holidays)

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is realised between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general terms and conditions shall be provided to the consumer. If this is not reasonably possible, then before concluding the distance contract, the fact that the general terms and conditions are available for perusal at the entrepreneur’s premises will be indicated and, at the consumer’s request, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be sent to the consumer electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it shall be indicated where the general conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered.
3. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular:

the price including taxes;
the possible costs of delivery;
the way in which the agreement will be brought about and what actions are required for this;
the applicability or otherwise of the right of withdrawal;
the method of payment, delivery or performance of the agreement;
the period for accepting the offer, or the period for adhering to the price;
the level of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate;
if the agreement is archived after its conclusion, in what way it can be consulted by the consumer;
the manner in which the consumer may become aware of acts which he does not wish to have done before the contract is concluded, and the manner in which he may rectify these acts before the contract is concluded;
the languages in which the agreement can be concluded, besides Dutch; the codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a contract for continuous or periodic delivery of products or services.

Article 5 – The agreement

1. The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions stipulated have been met.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate safety measures.
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors which are important for the responsible conclusion of the distance contract. If that research gives the trader well-founded reasons for refusing to conclude the contract, he is entitled to reject an order or application or to subject its implementation to special conditions.
5. The trader will send the consumer the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

the visiting address of the trader’s business establishment where the consumer can lodge complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on existing after-sales services and guarantees;
the data included in article 4, paragraph 4 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.

6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6a – Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during fourteen days. This withdrawal may be made verbally, but it is advisable to do this in writing or by e-mail for the sake of proof. This period commences on the day following delivery of the product to the consumer.
2. During this period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6b – Right of withdrawal upon delivery of services

1. When services are supplied, the consumer has the option of dissolving the agreement without giving reasons for a period of fourteen days, starting on the day the agreement is entered into. This withdrawal can be made orally, but it is advisable to do this in writing or by e-mail for the sake of proof.
2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions given by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal.

Article 8 – Exclusion of the right of withdrawal

1. If the consumer has a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

that have been realised by the entrepreneur according to the specifications of the consumer;
which are clearly personal in nature;
which cannot be returned due to their nature;
which may deteriorate or age rapidly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
of which the delivery has started with the express consent of the consumer before the period for reflection has expired;
on betting and lotteries.

Article 9 – The price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer shall state this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:

they are the result of statutory regulations or provisions; or
the consumer is authorised to terminate the contract on the day on which the price increase takes effect.

5. The prices stated in the offer of products or services shall include VAT.
6. In case of a technical error regarding the display of the price, the entrepreneur shall only be bound if the displayed price could be reasonably expected for the product or service.

Article 10 – Conformity and Guarantee

1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. A guarantee scheme offered by the trader, manufacturer or importer does not affect the rights and claims the consumer may exercise against the trader in respect of a shortcoming in the performance of the trader’s obligations under the law and/or the distance contract.

Article 11 – Delivery and execution

1. The entrepreneur shall take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this at the latest one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without any costs, to request an equivalent replacement product or to obtain possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur shall return the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement article. The fact that a replacement article is being delivered will be communicated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. In this case, the costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless explicitly agreed otherwise.

Article 12 – Duration transactions

1. The consumer may terminate an agreement entered into indefinitely at any time, subject to the agreed termination rules and a period of notice that does not exceed one month.
2. An agreement entered into for a definite period of time has a maximum duration of two years. If it has been agreed that in case of silence of the consumer the agreement at a distance will be extended, the agreement will be continued as an agreement for an indefinite period of time and the term of notice after continuation of the agreement will be at most one month.

Article 13 – Payment

1. As far as no later date has been agreed, sums payable by the consumer should be paid within fourteen days after the goods have been delivered, or in case of an agreement for the provision of a service, within 14 days after the documents relating to this agreement were issued.
2. When selling products to consumers, general terms and conditions may stipulate partial or full payment in advance (during the withdrawal period). If an advance payment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur. In case of non-payment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.

Article 14 – Prevention of counterfeiting

The trader offers at all times only products which he buys from the original manufacturers and their wholesalers. If there is any doubt about the authenticity of products, the consumer can find more information and tips on the website https://www.eccbelgie.be. If counterfeiting is suspected, consumers can always submit a complaint via the Notification Centre https://meldpunt.belgie.be/meldpunt.

Article 15 – Complaint handling

1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable period, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. When a consumer has a dispute with an entrepreneur and has already consulted him, then the consumer has the possibility to ask for advice or to file a complaint with BeCommerce. www.becommerce.be. If the complaint cannot be resolved by mutual agreement, it becomes a dispute to which the dispute resolution scheme applies.
5. The complaint can also be filed via the ODR (Online Dispute Resolution) platform http://ec.europa.eu/odr/, which was opened by the European Commission on 9 January 2016.

Article 16 – Disputes

1. On agreements between the entrepreneur and the consumer, only Belgian law applies, as far as international private law allows.
2. Disputes between the consumer and the entrepreneur about the conclusion or execution of contracts related to products and services to be delivered or which have been delivered by this entrepreneur can be submitted to BeCommerce by both the consumer and the entrepreneur, with due observance of the provisions set out below.
3. A dispute is only taken into consideration by the Dispute Commission if the consumer has first submitted his complaint to the entrepreneur within a reasonable period.
4. The entrepreneur is bound by the choice of the consumer to submit a dispute to BeCommerce.
5. When the entrepreneur requests the intervention, the consumer will have to speak out in writing, within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer’s choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
6. BeCommerce makes a decision under the conditions as set out in their Internal Regulations. The decisions of the Dispute Commission are by means of a binding opinion.
7. The Disputes Committee will not deal with a dispute or will terminate their intervention if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute at a session and rendered a final ruling.

Article 17 – Disclaimer

Access to and use of this site means that the user has taken note of the following conditions, understands them and agrees to be bound by them:

Information on this website
Pink Boutique takes the greatest care to ensure that the information on this website is reliable, up to date and correct. Although the information on this website has been put together with the greatest possible care, no liability can be accepted for any inaccuracies that are likely to be errors. No rights can be derived from the products and prices described if it is evident to the average consumer that the products and prices described contain inaccuracies. Pink Boutique reserves the right to change the content of the information on the website.

Functioning of this website
Pink Boutique does not guarantee the faultless operation or uninterrupted accessibility of this website or of the services it offers electronically