General terms and conditions
The website is owned and operated by the limited partnership organised and existing under the laws of Belgium (“commanditaire vennootschap”) Illa, having its registered office at 3140 Keerbergen, Grote Paallaan 14 (VAT No.: BE0799.501.714), trading under the name Illa (hereinafter referred to as ‘Illa’).
Illa is an online shop offering a wide range of interior design and decoration products
You can always contact Illa at the e-mail address in**@**la.be or by phone on +32 471 96 56 99 (Monday to Friday between 4:00 p.m. and 8:00 p.m. and Saturday between 10:00 a.m. and 2:00 p.m.).
Article 1
1.1 These general terms and conditions of sale apply to and form an integral part of every offer formulated by Illa and all agreements concluded between Illa and any third party (hereinafter referred to as the ‘customer’).
These general terms and conditions of sale are made available to the customer before conclusion of the agreement.
The customer is deemed to have accepted these general terms and conditions of sale by placing an order.
1.2 Deviations from these general terms and conditions may only be made in writing and only apply to the specific agreement for which the deviation has been agreed.
1.3 The potential nullity of one of the provisions or part of a provision of these general terms and conditions shall not affect the applicability of the remaining provisions or the remaining part of the provision.
Article 2
2.1 The offer contains a complete and accurate description of the products being offered. The description is sufficiently detailed as to enable the customer to make a proper assessment of the offer.
Any attached photographs are purely decorative and may include items that are not included in the offer.
Obvious mistakes or errors in the offer are not binding on Illa.
2.2 In the event that an offer has only a limited validity period or is subject to certain conditions, this will be explicitly stated in the offer.
Article 3
3.1 The agreement is established at the time of written confirmation by Illa of acceptance of the order placed by the customer.
The agreement and the general terms and conditions of sale shall remain in effect until all commitments have been met.
3.2 The agreement covers only the goods referred to in this confirmation.
3.3 In the event that the agreement is concluded electronically, Illa shall take all appropriate measures to secure the electronic transfer of data and shall ensure a secure web environment.
In the event that the customer is able to pay electronically, Illa shall take appropriate security measures.
3.4 Orders may only be placed by adults (+18 years of age). Illa reserves the right to refuse orders where it suspects that they have been placed by a minor.
Article 4
4.1 Illa reserves the right to amend the prices stated on the website unilaterally and without prior notice.
4.2 With the exception of the provisions of Article 4.4, the prices stated at the time at which the customer places the order shall apply.
4.3 Prices are always inclusive of VAT and any other government levies, but exclusive of shipping costs.
Shipping costs to be invoiced in addition will be made known to the customer before the order is placed.
By placing the order, the customer accepts the shipping costs payable by it.
4.4 In the event of a technical error relating to the indication of the price, Illa shall only be bound if the posted price could be reasonably expected for the respective product.
If a product is priced incorrectly, Illa will contact the customer in writing as soon as it becomes aware of the incorrect price. The customer shall choose whether to continue to purchase the product or cancel the order.
The order will only be processed once Illa receives the instructions from the customer within fourteen (14) calendar days of the time at which Illa notifies the customer. In the event that Illa fails to contact the customer using the contact details provided by the customer during the ordering process, or in the event that Illa fails to receive a reply from the customer within the aforementioned time frame, Illa shall consider the order cancelled and notify the customer in writing.
Article 5
5.1 The customer has the right to cancel the order free of charge, without providing a reason, before shipment.
The customer may cancel the order by sending an e-mail to ad***@**la.be.
After cancellation, the customer will receive confirmation of the cancellation and Illa will refund the amounts already paid to the credit card or debit card used by the customer at the time of payment.
5.2 After receiving confirmation that the Products have already left Illa, the customer will be unable to cancel the order.
In the event that the order could not be cancelled, the products will continue to be delivered and the customer may return the product according to the procedure outlined in Article 8 of these general terms and conditions of sale.
Article 6
6.1 The place of delivery is the address provided by the customer at the time at which the order was placed.
Delivery is effected by presenting the goods at the delivery address, irrespective of whether the goods are actually accepted by the customer.
If no one is available at the customer’s address at the time of delivery, the customer must follow the instructions of the delivery service charged with delivering the order.
Deliveries will take place at the front door only; in case of delivery to an apartment building, delivery will take place at the first door on the ground floor.
6.2 Illa delivers only in Belgium.
6.3 Unless a longer delivery period was stated, Illa will deliver the goods with appropriate speed, but no later than within thirty (30) calendar days of conclusion of the agreement.
In the event that delivery is delayed, or if an order cannot be delivered or can only be delivered in part, the customer will be informed of this within thirty (30) days of the order being placed. In that case, the customer shall be entitled to cancel the order.
Exceeding the agreed delivery period shall not entitle the customer to claim compensation for damages, except in the case of intent or gross negligence on the part of Illa or its appointees and agents.
6.4 In the absence of a registered letter from the customer no later than fourteen (14) calendar days after delivery, the delivered goods shall be deemed to have been accepted.
Article 7
7.1 Unless otherwise agreed, the customer is obligated to pay for the goods in full at the time at which the order is placed, irrespective of the current withdrawal period.
The customer may not assert any right in relation to execution of the order before integral advance payment has been made.
7.2 The customer may pay for the products with the following means of payment: Bancontact, Visa, Mastercard, American Express, Apple Pay, Google Pay, KBC/CBC Payment, Belfius Direct Net, Ideal | Wero, PayPal.
7.3 In the case of exceptionally deferred payments, invoices are payable within fourteen (14) calendar days, unless stipulated otherwise on the invoice. In the event of non-payment or late payment of the invoice, the price will be increased by operation of law (“ipso jure”), without any notice of default being required, by a flat-rate amount of 10 per cent, with a minimum of EUR 150,00.
In addition, [default interest | interest on arrears] shall be payable by operation of law (“ipso jure”), without notice of default being required, which will be calculated in accordance with the Belgian Act of 2 August 2002 relating to late payment of commercial transactions.
Invoices may only be issued for orders for business purposes.
Article 8
8.1 The customer has a period of fourteen (14) calendar days in which to withdraw from the agreement, without having to provide a reason, and without any compensation for damages being payable on its part.
The aforementioned period of fourteen (14) calendar days commences at the time at which the goods are received by or on behalf of the customer.
The right of withdrawal shall not apply to goods made or assembled at the request of the customer, goods which are clearly personal in nature or which by their nature cannot be returned, sale items and any other legal exceptions as provided for in Article VI.53 Belgian Code of Economic Law or elsewhere.
8.2 In order to exercise the right of withdrawal, the customer must notify Illa of its decision to withdraw within the period specified in Article 8.1 by means of clear written declaration. If desired, the customer may use the template form provided on the website.
The customer has exercised its right of withdrawal in time if it sends the communication before the period referred to in Article 8.1 elapses.
For orders for business purposes, the right of withdrawal lapses.
8.3 During the withdrawal period, the customer must handle the goods and packaging with care. During this period, the customer shall only unpack and/or use the goods to the extent that is strictly necessary for their inspection.
The customer is liable for depreciation of the goods as a result of handling the goods beyond what was necessary to establish their nature, characteristics and functional capability.
8.4 Without delay and in any case within fourteen (14) calendar days of written notification of the exercise of the right of withdrawal, the customer shall return the goods to Illa in their original condition with all delivered accessories and packaging, in accordance with the instructions of Illa.
The costs associated with the return of the goods shall be borne by the customer in all cases.
All payments that have already been made by the customer, to include for delivery costs (but to exclude any additional costs as a result of the customer opting for an alternative method of delivery from the cheapest option), will be refunded no later than fourteen (14) calendar days of Illa receiving the returned goods.
Article 9
9.1 Illa shall not be liable or responsible for the non-satisfaction or delay in satisfaction of its obligations in accordance with the Agreement as a result of force majeure.
In the event of force majeure, Illa will notify the customer and its obligations in accordance with the Agreement will be suspended; the period for satisfaction of its obligations will be extended for the duration of the Force Majeure event.
In the event that the latter affects the delivery of the products, Illa will agree a new date of delivery with the customer as soon as the Force Majeure event is no longer present.
9.2 The customer is entitled to cancel the Agreement if it is affected by a force majeure event for a period exceeding six (6) months.
In the event that the Customer opts to cancel the Agreement, it must return the products that it has already received
Article 10
10.1 Without prejudice to the limitations as set out in these general terms and conditions of sale, Illa guarantees the conformity and soundness of the goods delivered within the sense of 1649bis to 1649nonies of the old Belgian Civil Code, insofar as this relates to defects that are not observable upon inspection or upon delivery and where the customer is able to prove that said defects occurred within two (2) years of delivery.
The customer must notify Illa of such defects by registered letter under penalty of lapse within two (2) months of the defect’s discovery or of when it ought to have been discovered.
10.2 Illa shall eliminate defects covered by the warranty referred to in 10.1 exclusively by way of repair or replacement, whether in house or by sending a part for replacement, and entirely at the discretion of the customer.
All costs which go beyond the simple obligation as outlined in the previous paragraph, such as, but without being limited to, transport costs, as well as costs of disassembly and assembly/installation, shall be borne by Illa.
10.3 In any event, the guarantee does not cover defects which occur wholly or partially as a result of:
a. A failure to comply with the installation and operating instructions or use of the product other than as intended;
b. Normal wear and tear;
c. Materials or items used at the request of the customer.
10.4 Natural products (e.g. wool, linen, cotton, wood, silk, etc.) may exhibit deviations in shape and appearance typical of natural products. These tolerances cannot be avoided and thus constitute normal properties of the goods sold that do not affect conformity and soundness.
10.5 Unless expressly agreed otherwise, aside from the statutory warranty, Illa offers no additional warranty.
Article 11
Illa reserves the right to declare the agreement rescinded, by operation of law (“ipso jure”) or without prior notice of default, in the event of bankruptcy, manifest insolvency or any change to the legal situation of the customer.
Article 12
Illa undertakes to process the customer’s personal data with care in accordance with the applicable privacy regulations and only for the purposes and legal bases outlined in its privacy policy.
The customer is entitled to submit a request to access its personal data or to have the personal data corrected, deleted or ported or to request a withdrawal of its consent or object to the processing of its personal data to Illa at ad***@**la.be.
https://www.gegevensbeschermingsautoriteit.be/burger/acties/klacht-indienen
Article 13
Complaints about the performance of the agreement shall be submitted in writing and in full to Illa within a reasonable period of time using the e-mail address ad***@**la.be.
Complaints submitted to Illa will be dealt with within a period of fourteen (14) calendar days of receipt of the complaint. If handling of the complaint takes longer, an acknowledgement of receipt will be sent to the customer within the aforementioned period of fourteen (14) calendar days.
The customer is advised of the existence of the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
The contact point for the ODR in Belgium is The European Consumer Centre Belgium (rue de Hollande 13, 1060 Brussels, od*@********um.be, tel +3228923712)
The purpose of this platform is to present to consumers procedures for amicable dispute resolution offered by qualified entities for the handling of disputes between consumers and enterprises within the European Union.
In the event that the customer is involved in an application for online dispute resolution through this platform or wishes to submit such an application, it may consult the ‘ODR’ (Online Dispute Resolution) contact point stated on the platform.
Article 14
The agreements and/or disputes to which these general terms and conditions apply are exclusively governed by and construed in accordance with Belgian law, insofar as international private law permits.