GENERAL CONDITIONS FOR THE WEBSHOP

 

1. Scope

 

These general conditions contain key provisions agreed between the parties and apply to all offers and sales agreements for goods from the range of Mellis bv, with its registered office at Oude Gentweg 62, 9840 Nazareth-De Pinte, registered in the Crossroads Bank for Enterprises under number 0896.347.997 (hereinafter referred to as ‘MELLIS’) addressed to and concluded with the customer (hereinafter referred to as ‘the Customer’) via the website https://www.trixie-baby.com (hereinafter referred to as ‘the Website’), unless other conditions have been explicitly agreed to in writing, regardless of whether the Customer’s place of residence is in Belgium or abroad and irrespective of whether the agreement is to be executed in Belgium or abroad. These conditions take precedence over all the Customer’s conditions, even if the Customer’s conditions stipulate otherwise.

The Customer confirms and accepts that, in the context of their order via the Website, they are acting as a consumer within the meaning of Article I.1, 2° of the Belgian Code of Economic Law (Wetboek van Economisch Recht).

Subject to proof to the contrary, the Customer is deemed to have taken note of these conditions and to accept them simply by placing their order. The Customer confirms that they are 18 years of age or older.

If MELLIS does not apply one or more provisions of these general conditions, this can never be considered a waiver of these general conditions.

 

2. Offers and prices

 

All proposals, brochures, catalogues, information and technical data sheets are purely informative. The offer is valid while stocks last and can be changed at any time. If an offer has a limited period of validity or is subject to certain conditions, this will be explicitly stated. Offers and prices on the website are valid on the day the website is consulted, unless otherwise indicated.

The range and images of the goods on our Website are compiled with the greatest possible care, but are intended as an illustration only, and the images of the delivered goods may differ from the product illustrated online. As far as the accuracy and completeness of the information provided is concerned, MELLIS is only bound by an obligation of means. MELLIS is not liable in case of obvious material errors, typesetting or printing errors or deviations from the goods proposed in the illustrative images.

If the Customer has specific questions about availability, delivery times or methods, for example, we request that they contact us in advance.

All prices include VAT. Additional delivery, transport and insurance costs, VAT, import and export duties, other taxes, charges and levies or other administrative costs are always specified in communications with the Customer before the order is finally placed.

 

3. Agreement

 

An order can be placed via the Website by following the steps as indicated on the Website. The Customer can select individual products and collect them in an electronic shopping cart by clicking on the ‘Add to shopping cart’ button. From this shopping basket, the Customer proceeds to the checkout by clicking on the ‘Checkout’ button. After an order has been placed, an overview of the ordered goods will be displayed and made available to the Customer online, and the Customer can choose the preferred method of delivery. After the Customer has confirmed the order and accepted the general conditions, payment in cash is required in accordance with the specified payment method. By clicking on the ‘Place order’ button, the customer is then connected to the module of the chosen payment provider. Until the Customer has clicked on this button, they can change the order and the details of the order at any time. After the Customer has placed the order, they will receive an automatically generated email confirmation of the order.

The agreement is finalised once the general conditions have been accepted and full payment has been received by MELLIS. MELLIS is at least entitled to suspend the execution of the agreement by operation of law and without notice of default until such time as payment is received. The goods included in the order will be made available by MELLIS for delivery or collection, depending on the choice made by the Customer. The Customer will be informed of the finalisation of the agreement and the terms of delivery or collection.

 

MELLIS reserves the right to refuse orders if one or more of the following situations apply: (i) stocks having run out or a particular product no longer being available; (ii) delivery address located outside the area supplied by MELLIS; (iii) force majeure; (iv) order placed by an unauthorised person or a person who cannot be identified; (v) the Customer having outstanding and overdue debts with MELLIS. Where applicable, the amount already received by MELLIS for the order in question will be refunded to the account number from which payment was made.

 

4. Delivery

 

The Customer is obliged to take receipt of the ordered goods at the agreed time and place (in the case of delivery and/or collection). MELLIS or a third party appointed by MELLIS is entitled to deliver the goods at the agreed time and place to the person who presents themselves to take receipt of the goods and is deemed to represent the Customer, without MELLIS being required to carry out specific checks.

The Customer will be notified of the delivery costs before the order is confirmed. Delivery will take place at the time indicated in the order confirmation.

If delivery is not possible for reasons attributable to the Customer, MELLIS is entitled to choose either (i) to make a new offer, with MELLIS being able to charge any additional costs incurred to the Customer, or (ii) to terminate the agreement in accordance with article 11 of these conditions.

MELLIS will inform the Customer immediately if the specified delivery date is at risk. If MELLIS does not respect the delivery time agreed with the Customer, the Customer will ask MELLIS to make the delivery within an additional period that is appropriate under the circumstances. If MELLIS does not deliver the goods within the additional period, the Customer will be entitled to terminate the agreement free of charge and MELLIS will immediately refund to the Customer all amounts paid to MELLIS under the agreement.

 

5. Retention of title

 

The delivered goods remain MELLIS’s property until payment, including of any interest and costs, has been made in full unless MELLIS decides to waive this retention of title. Even so, force majeure, loss, destruction or theft of the goods are entirely at the Customer’s risk from the moment the goods are delivered, or the Customer fails to take delivery of the goods.

The retention of title also extends to all claims that take the place of the goods subject to retention of title.

The Customer has a duty of care with regard to goods delivered under retention of title and will store them in perfect condition in a suitable location in accordance with the usual standards. Until the Customer has fulfilled all their obligations, the Customer will not sell or otherwise dispose of, process or modify the goods, or encumber them with any security right. The Customer must inform MELLIS of any attachment of the goods delivered under retention of title.

 

6. Payment

 

Payment for orders on our Website must be made in accordance with the payment method indicated on our Website. To guarantee secure online payment, transaction details are sent encrypted over the internet. Payment must be made at the registered office of MELLIS and in the currency stated in the webshop.

 

7. Procedure for non-conformity and defects

 

The Customer must check conformity of the delivery and for visible defects immediately upon delivery in the presence of the carrier. Should any non-conformity or defect be found, the Customer must refuse the goods.

In any case, the Customer must inform MELLIS of the lack of conformity no later than two months from the day on which the Customer identified the defect.

Late complaints are inadmissible. Putting the sold goods into use, modifying, processing or disposing of them implies their acceptance. The Customer is solely liable if the directions for use or instructions of MELLIS and/or its suppliers have not been followed or if the goods have not been handled properly.

In the event of a well-founded and timely complaint, the Customer has the right to demand that MELLIS repair or replace the delivered goods free of charge, unless this is impossible or disproportionate and entails unreasonable costs for MELLIS. Any repair or replacement will be carried out within a reasonable period of time and without serious inconvenience to the Customer, taking into account the nature of the delivered goods and the Customer’s intended use for them.

The Customer only has the right to demand an appropriate price reduction from MELLIS or the termination of the purchase agreement in the exhaustive cases provided for in article 1649quinquies, §5 of the Belgian Civil Code, except where the lack of conformity is minor.

Defective goods can be returned only with MELLIS’s express written consent and in accordance with MELLIS’s instructions.

These general conditions do not affect the Customer's statutory rights under applicable national legislation regarding the sale of consumer goods. Any warranty that MELLIS provides in respect of goods delivered is limited to and will never exceed the warranty that MELLIS receives from its suppliers.

MELLIS recommends reporting complaints via info@trixie-baby.com.

 

8. Customer’s right of withdrawal

 

The Customer may terminate the agreement during a withdrawal period of 14 days without giving reasons, starting from the day after the Customer (or a third party designated by the Customer, who is not the carrier) takes physical possession of the goods.

The right of withdrawal does not apply to goods that have been produced according to the Customer’s specifications or that are clearly intended for a specific Customer.

If the Customer exercises the right of withdrawal, they must report this before the withdrawal period expires using the model withdrawal form (which can be found as a schedule to these conditions together with the model instructions) or by means of another unambiguous declaration to MELLIS. The Customer must return the goods (including all accessories, in their original condition and packaging) at their own expense or hand them over to (an appointee of) MELLIS. The burden of proof for the timely and correct exercise of the right of withdrawal lies with the Customer.

During the withdrawal period, the Customer must handle the goods and the packaging with care. The goods must be returned undamaged, unworn/unused and in their original packaging, with the tag and label still attached to the product. The Customer is liable for any reduction in the value of the goods resulting from the handling of the goods that goes beyond what is necessary to establish the nature, characteristics and function of the goods (the reference standard is that the Customer may only handle and inspect the goods as would be done in a physical shop).

MELLIS will refund all payments received from the Customer, including any delivery costs, without delay and in any case within 14 days after the day of the notification of withdrawal by the Customer. MELLIS is entitled to wait to make this refund until all goods have been returned by the Customer or until the Customer demonstrates that all goods have been returned, whichever comes first, unless MELLIS has offered to collect the goods itself. MELLIS will make the refund using the same payment method as the one used by the Customer during the original transaction, unless the Customer agrees to another payment method. If the Customer chose a different method of delivery from the cheapest standard delivery offered by MELLIS, MELLIS is not obliged to refund these additional costs to the Customer.

 

9. Liability

 

MELLIS is only liable for non-compliance with its contractual obligations if and insofar as this damage was caused by fraud, deception, serious or deliberate error on its part or that of its appointees or agents. Any liability on the part of MELLIS is at all times limited to the amount of the order placed by the Customer. If the damage is covered by insurance, MELLIS’s liability will be limited to the amount actually paid by its insurer. MELLIS is never liable for indirect damage, including, but not limited to, consequential damage, lost profits, lost savings, administration or staff costs, higher overheads, loss of customers, missed opportunities, third-party claims or damage to third parties. Insofar as MELLIS depends on the cooperation, services and deliveries of third parties to fulfil its obligations, MELLIS cannot be held liable for any damage resulting from their error.

The Customer is solely responsible for using the goods. Except in the case of compelling legal provisions, MELLIS is not liable for any damage (direct or indirect) caused by the delivered goods.

The Customer expressly accepts that MELLIS cannot be held liable and that the Customer does not have the right to demand the termination of the agreement or compensation in the event of (i) damage caused by the incorrect and/or improper use, storage or maintenance of the goods, other than as agreed or prescribed by MELLIS and/or its suppliers, (ii) minimal deviations from the product specifications (such as limited differences in colour or texture), (iii) damage to the goods due to wear and tear, or (iv) changes or modifications to the goods without the prior consent of MELLIS.

The provisions in this article do not affect MELLIS’s liability for the Customer’s death or physical injury insofar as a direct causal link with MELLIS’s actions or omissions is proven.

Any non-contractual liability on the part of MELLIS, its directors or employees is expressly excluded, to the extent legally possible.

 

The Customer uses the Website at their own responsibility and risk. MELLIS has the right to restrict or block the Customer’s access to the Website at any time with immediate effect without giving any reason or prior notice. MELLIS does not guarantee the continuous and uninterrupted availability of the Website and is not liable for any failure or unavailability of the Website due to technical issues. MELLIS is not liable for damage incurred by the Customer as a result of the use of the Website by the Customer or the spreading of a virus via the Website.

 

10. Force majeure

 

MELLIS is not liable if the failure to fulfil its obligations, in whole or in part, temporarily or otherwise, is due to force majeure, even if this circumstance was foreseeable, including, but not limited to, war, riots, terror, general or partial strikes or lockouts, operational accidents, extreme weather conditions, flood, fire, pandemics, infectious diseases, bankruptcy of or failure to fulfil obligations by suppliers, stock depletion, power failures, internet, computer network or telecommunication failures, government measures, general transport problems, etc. If force majeure occurs, MELLIS may, at its discretion and at any time, suspend delivery or terminate the agreement with the Customer with immediate effect, by operation of law, with no prior judicial intervention, with no prior notice of default, and without paying any form of compensation.

 

11. Contractual relationship

 

All agreements between MELLIS and the Customer form part of a single overall contractual relationship. If the Customer fails to fulfil their obligations under a particular agreement, MELLIS may suspend the further performance of both that agreement and any other current agreements.

MELLIS may also terminate all agreements with the Customer, with immediate effect, by operation of law, with no prior notice of default, and without payment of any compensation whatsoever, in the following cases:

(i) if the Customer continues to fail to fulfil one or more of their obligations under an agreement or continues to fail to do so punctually;

(ii) if the Customer suspends their payments, petitions for bankruptcy or is declared bankrupt, enters into a collective debt settlement scheme or undergoes any reorganisation;

(iii) if the Customer is liquidated or ceases their activities or in the event of the Customer’s death;

(iv) if all or some of the Customer’s assets are attached.

If termination occurs, all of MELLIS’s claims against the Customer will become immediately payable by operation of law and the Customer must pay MELLIS fixed compensation equal to 20% of the price stipulated in the agreement, notwithstanding MELLIS’s right to claim more compensation subject to proof of greater damage actually suffered.

In the event that MELLIS fails to fulfil one or more of its obligations arising from an agreement (or fails to do so in a timely manner), the Customer may terminate the agreement in question, in which case MELLIS will owe the Customer a fixed fee equal to 10% of the price specified in the agreement.

 

12. Intellectual property

 

The Website, logos, photographs, texts and, in general, all communications originating from MELLIS (hereinafter referred to as ‘the Works’) are protected by intellectual property rights held by MELLIS or its suppliers or other third-party rights holders. Any use, copying or reproduction of the Works in any form whatsoever is not permitted without the express, prior, written consent of MELLIS.

 

13. Privacy

 

If MELLIS processes personal data, this will be done in accordance with the privacy statement (https://www.trixie-baby.com/privacy-policy), of which the Customer may obtain a copy on written request, and in accordance with the General Data Protection Regulation and other applicable regulations.

 

14. Amendment to the general conditions

 

MELLIS reserves the right to amend these general conditions unilaterally. The conditions that apply are those that applied at the time the agreement was concluded between MELLIS and the Customer.

 

15. Divisibility

 

The invalidity or unenforceability of one or more provisions of these general conditions, or part of them, does not affect the validity and enforceability of the remaining provisions. Where appropriate, MELLIS and the Customer confirm that the judge may moderate that provision to the maximum extent permitted under the statutory limits concerned.

 

16. Applicable law – competent court

 

Belgian law governs these general conditions and the agreements to which they apply, to the exclusion of the Convention of 11 April 1980 on the law applicable to the international sale of goods.

 

In the event of a dispute, the Belgian courts will have jurisdiction and the courts of the judicial district of East Flanders (Ghent division), or the courts of the Customer's place of residence, will have sole jurisdiction, without prejudice to the application of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

 

17. If there is any uncertainty about the interpretation of these conditions, the Dutch text will always prevail.

 

18. Contact details for MELLIS

 

MELLIS bv

Oude Gentweg 62

9840 Nazareth-De Pinte

Company number: 0896.347.997

Email: info@trixie-baby.com

Telephone: +32 9 36 93 596

 

Schedules

 

1/ Model withdrawal form

 

To MELLIS bv, Oude Gentweg 62, 98140 Nazareth-De Pinte, CBE: 0896.347.997, email: info@trixie-baby.com:

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) agreement for the sale of the following goods/provision of the following service (*)

– Ordered on (*)/Received on (*)

– Name(s) of Customer(s)

– Address of Customer(s)

– Customer signature(s) (only when this form is submitted on paper)

–Date

 

(*) Delete as applicable.

 

2/ Model instructions for right of withdrawal

 

Right of withdrawal

You have the right to withdraw from the agreement within 14 days without giving reasons.

The withdrawal period expires 14 days after the day on which you, or a third party appointed by you who is not the carrier, takes physical possession of the goods.

To exercise your right of withdrawal, you must contact us, MELLIS bv, Oude Gentweg 62, 9840 Nazareth-De Pinte, CBE: 0896.347.997, email: info@trixie-baby.com, via an unambiguous declaration (e.g. in writing by post, fax or email) of your decision to withdraw from the agreement. You may use the attached model withdrawal form, but you are not obliged to do so.

To comply with the withdrawal period, it is sufficient to send your notification regarding your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from the agreement, you will receive a refund from us for all payments you have made up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us) without delay, and in any case no later than 14 days after we have been informed of your decision to withdraw from the agreement. We will refund you using the same payment method you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not be charged for such a refund. We may wait to refund you until we have received the goods back, or you have demonstrated that you have returned the goods, depending on which time comes first.

You must return or hand over the goods to us immediately, but in any case no later than 14 days after the day on which you have informed us of your decision to withdraw from the agreement. You are considered on time if you return the goods before the 14-day period has expired.

You will be responsible for the direct costs of returning the goods.

The goods must be returned undamaged, unworn/unused and in their original packaging, with the tag and label still attached to the product. You are only liable for any reduction in the value of the goods resulting from the use of the goods that goes beyond what is necessary to determine the nature, characteristics and function of the goods.