STANDARD TERMS AND CONDITIONS OF SALE
Article 1 – Identification of the seller
This e-commerce site is operated by:
• Tila D. (hereinafter referred to as "the Seller")
• Legal form: Individual
• Company number (BCE): BE 1036.243.080
• Head office: 26 rue de Normandie, 1081 Koekelberg, Belgium
• Email address: tila-d@hotmail.com
• Phone: +32484564775
• Website: www.tila-d.com
• VAT number: BE 1036.243.080
Article 2 – Scope of application
These General Terms and Conditions of Sale (hereinafter "GTC") apply to any order placed by a consumer (hereinafter "the Customer") on the site www.tila-d.com, for the purchase of clothing and fashion items.
In accordance with the Belgian law of December 21, 2013, relating to the protection of consumers in distance contracts, the Customer is informed that these GTC are accessible at any time on the site and take precedence over any general purchasing conditions, unless expressly agreed otherwise.
Placing an order implies full and unconditional acceptance of these GTC. These GTC are exclusively applicable to sales made online to end consumers residing in Belgium or in the European Union.
Article 3 – Products
3.1 Description of products
The Seller commits to presenting, clearly and precisely, the essential characteristics of each item (name, material composition, available sizes, colors, care, etc.) in accordance with articles VI.41 and following of the Belgian Code of Economic Law (CDE).
The photographs illustrating the products are as faithful as possible, but slight color variations may exist due to the Client's screen display settings. These variations shall not engage the Seller's liability.
3.2 Availability
The offers presented are valid within the limits of available stock. In case of unavailability of an item after order validation, the Seller will inform the Client as soon as possible by email and will offer them, at their choice:
• A substitute product of equivalent quality and price;
• A full refund of the amounts paid, made within 14 calendar days.
Article 4 – Price
Prices are indicated in euros (€), all taxes included (applicable Belgian VAT included), excluding delivery charges. The latter are calculated and indicated to the Client before the final confirmation of their order.
The Seller reserves the right to modify its prices at any time, it being understood that the applicable price will be that displayed on the site at the time of order validation by the Client.
In case of a manifest pricing error (abnormally low price resulting from a technical fault), the Seller reserves the right to cancel the order and inform the Client, who will be fully refunded.
Article 5 – Order
5.1 Order process
Placing an order is done according to the following steps:
• Selection of items and addition to the cart;
• Verification and validation of the cart contents;
• Identification or creation of a customer account;
• Entering the delivery address and choosing the delivery method ;
• Choosing the payment method and entering payment information ;
• Verifying the order summary and accepting the T&Cs ;
• Final confirmation by clicking the button "Confirm and pay".
5.2 Order confirmation
A confirmation email summarizing the order (items, prices, address, delivery method) is sent to the Customer upon receipt of payment. The sales contract is deemed concluded on the date of this confirmation email.
The Seller reserves the right to refuse or cancel an order in case of prior dispute, suspicion of fraud, or non-compliance with these T&Cs.
Article 6 – Payment
Payment is due in full at the time of placing the order. The accepted payment methods are :
6.1. Bank transfer
The Customer's banking data is processed securely. The Seller does not retain any credit card data.
In case of payment refusal by the banking institution, the order will be automatically canceled and the Customer will be informed.
6.2. Bancontact
Payment by Bancontact is processed by our payment provider Stripe. The Client's banking data is transmitted directly to Stripe securely. The Seller does not retain any payment data.
In case of payment refusal by the banking institution, the order will be automatically canceled and the Client will be informed.
6.3. Card
Payment by credit card is processed by our payment provider Stripe. The Client's card data is transmitted directly to Stripe securely. The Seller does not retain any credit card data.
In case of payment refusal by the banking institution, the order will be automatically canceled and the Customer will be informed.
Article 7 – Delivery
7.1 Delivery area
The Seller delivers in Belgium, France, the Netherlands, and Luxembourg. For any order in another country, please contact customer service.
7.2 Delivery times
The indicative delivery times from the date of order confirmation are as follows :
• Belgium: maximum 3 weeks ;
• France, Netherlands, Luxembourg: 3 to 6 weeks;
• During sales, holidays, or promotions, these deadlines may be extended.
These deadlines are provided for informational purposes. Any delivery delay cannot result in the granting of damages, nor in the cancellation of the order, unless the delay exceeds 30 calendar days.
7.3 Delivery fees
Delivery fees are indicated at the time of placing the order.
7.4 Receipt of the package
The Customer is required to check the condition of the package upon receipt. Any apparent damage must be reported on the delivery note and confirmed by email to the Seller within 48 hours of delivery.
Article 8 – Right of cancellation and withdrawal
8.1 Right of cancellation
Regardless of the legal right of withdrawal described below, the Client has a period of 48 hours from the confirmation of their order to cancel it, without having to provide a reason, by writing to tila-d@hotmail.com.
- If the production of the item has not yet started at the time of the request, the cancellation will result in a full refund.
- If production has already started, the Seller retains 30% of the item's price for costs already incurred (materials, labor time), and refunds the balance to the Client.
After this 48-hour period, only the legal right of withdrawal described below remains applicable.
8.2 Withdrawal period
In accordance with Articles VI.47 and following of the Belgian Code of Economic Law (transposing European Directive 2011/83/EU), the Customer has a period of 14 calendar days from the receipt of their order to exercise their right of withdrawal, without having to provide a reason or pay a penalty.
8.3 Exercise of the right of withdrawal
To exercise this right, the Customer must notify their decision to withdraw by means of an unambiguous statement, by email to tila-d@hotmail.com or via the withdrawal form available on the site. The Seller acknowledges receipt of the request by email.
The Customer must return the items within 14 calendar days following the communication of their decision to withdraw, to the address: 26 rue de Normandie, 1081 Koekelberg, Belgium.
8.4 Return conditions
Returned items must be:
• In their original condition, unworn, unwashed, unaltered;
• Accompanied by all their original tags ;
• Carefully packaged to avoid any damage during transport.
Returned items that are incomplete, damaged, soiled, or have clearly been worn will not be accepted.
8.5 Return costs
Return costs are the responsibility of the Customer, except in the case of a defective item or a delivery error attributable to the Seller.
8.6 Refund
The Seller will proceed with a full refund of the order (price of the items + initial shipping costs) within 14 calendar days following the receipt of the returned items, using the same payment method as that used for the order, unless the Customer expressly agrees to another method.
Article 9 – Legal warranties
In accordance with Articles 1641 and following of the Belgian Civil Code and Belgian legislation regarding the legal warranty of conformity (law of September 1, 2004 transposing Directive 1999/44/EC), the Seller is liable for defects in conformity of the delivered goods and hidden defects.
9.1 Legal warranty of conformity
The Seller is responsible for defects in conformity existing at the time of delivery of the goods for a period of two years from the delivery. In the event of a defect in conformity observed within the first six months, it is presumed to have existed at the time of delivery.
The Customer may choose between repair or replacement of the item, subject to the cost conditions provided by law. If repair or replacement is not possible, they may request a price reduction or the resolution of the contract.
9.2 Warranty against hidden defects
The Seller is liable for hidden defects making the product unfit for the use for which it is intended, or so diminishing that use that the Customer would not have purchased it, or would have only paid a lesser price, had they known of them.
Article 10 – Liability
The Seller's liability cannot be engaged for the non-performance of the contract attributable to the Customer, a case of force majeure, or the unforeseeable and insurmountable act of a third party.
The Seller's liability is limited to direct damages suffered by the Customer. Under no circumstances shall the Seller be held liable for indirect damages such as loss of opportunity, loss of earnings, or commercial harm.
Article 11 – Personal Data Protection
The Seller collects and processes the Customer's personal data as part of order management, in accordance with the General Data Protection Regulation (GDPR – EU Regulation 2016/679) and the Belgian law of July 30, 2018, regarding the protection of natural persons with regard to the processing of personal data.
The collected data (name, first name, address, email, phone, payment data) are intended for order management, shipping of packages, invoicing, and, with the Customer's consent, sending newsletters.
The Customer has the right to access, rectify, erase, limit, portability, and object regarding their personal data, which they can exercise by contacting the Seller at the address tila-d@hotmail.com. They also have the right to lodge a complaint with the Belgian Data Protection Authority (www.autoriteprotectiondonnees.be).
For more information, the Customer is invited to consult the Privacy Policy available on the site.
Article 12 – Cookies
The site uses cookies to enhance the browsing experience, analyze traffic, and provide personalized content. The Client can set or refuse cookies through their browser settings or through the cookie manager available on the site.
Article 13 – Intellectual Property
All elements comprising the site (texts, photos, logos, graphics, videos, databases, etc.) are the exclusive property of the Seller or its partners and are protected by Belgian and European intellectual property law.
Any reproduction, representation, modification, publication, or adaptation of all or part of these elements, by any means or process used, is prohibited unless prior written authorization is obtained from the Seller.
Article 14 – Mediation and Dispute Resolution
In accordance with Article VI.125 of the Economic Law Code, the Seller has joined the Consumer Mediation Service. In the event of a dispute not resolved amicably, the Client can resort free of charge to the following mediation service:
•Consumer Mediation Service
•North Gate II, Boulevard du Roi Albert II 8, Bte 1, 1000 Brussels
The Client can also use the European Online Dispute Resolution (ODR) platform accessible at the following address: https://ec.europa.eu/consumers/odr.
Article 15 – Applicable Law and Competent Jurisdiction
These General Terms and Conditions are subject to Belgian law. Any dispute relating to their interpretation or execution falls, in the absence of amicable resolution, under the exclusive jurisdiction of the Belgian courts of the Seller's registered office, unless otherwise provided by law.
Article 16 – Modifications of the General Terms and Conditions
The Seller reserves the right to modify these General Terms and Conditions at any time. The applicable General Terms and Conditions are those in effect at the time of placing the order. It is advisable for the Client to consult them regularly.