Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Reflection Period: the period during which the consumer can exercise their right of withdrawal;

2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the company;

3. Day: calendar day;

4. Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or acceptance obligations of which are spread over time;

5. Durable Data Carrier: any means that enables the consumer or company to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

6. Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

7. Model Form: the model withdrawal form provided by the company, which a consumer can complete when exercising the right of withdrawal;

8. Company: the natural or legal person who offers products and/or services at a distance to consumers;

9. Distance contract: a contract concluded within the framework of a system organized by the company for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;

10.Technique for distance communication: any means that can be used for concluding a contract without the consumer and company being simultaneously present in the same room;

11.General Terms and Conditions: these General Terms and Conditions of the company.

Article 2 - Identity of the Company

Company name: Sen Design BV

Registered office: Pontstraat 34 8551 Heestert België

Phone number: + 32 495 54 48 96

E-mail address: hello@toietmoi-online.be

VAT idenfitication number: BE0846.829.202

Company registration number: BE0846.829.202

Artikel 3 – Applicability

1.  These General Terms and Conditions apply to every offer from Sen Design and every distance contract and order between Sen Design and the consumer.

2. In the event that specific product or service terms also apply alongside these general terms, paragraphs 2 and 3 apply accordingly, and in case of conflicting general terms, the consumer may invoke the provision most favorable to them.

3. If one or more provisions of these general terms are wholly or partly void or annulled, the remainder of the contract and these terms shall remain in effect, and the invalid provision shall be replaced promptly by a provision that approximates the intent of the original as closely as possible.

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

2. The offer is non-binding. Sen Design reserves the right to change and adjust the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Sen Design uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind Sen Design.

4.  All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the contract.

5. Images of products are a truthful representation. Sen Design cannot guarantee that the colors shown exactly match the real colors of the products.

6.  Each offer contains information making clear the rights and obligations attached to accepting the offer, in particular:

·    the price including taxes;

·    any shipping costs;

·     how the contract will be concluded and what actions are required;

·    whether the right of withdrawal applies;

·    the method of payment, delivery, and execution;

·    the period for acceptance of the offer or the period Sen Design guarantees the price;

·    the rate for distance communication if it is charged differently from the basic rate of the used communication medium;

·    whether and how the contract will be archived and how the consumer can access it;

·    how the consumer can check and, if desired, correct the data they have provided before concluding the contract;

·    any other languages available besides Dutch for concluding the contract;

·    Optional: available sizes, colors, types of materials.

Article 5 - The Contract

1. The contract is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

2. If the consumer accepts the offer electronically, Sen Design will immediately confirm receipt electronically. Until this confirmation, the consumer may dissolve the contract.

3. If the contract is concluded electronically, Sen Design will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If electronic payment is possible, the company will implement appropriate security measures.

4. Sen Design may, within legal frameworks, investigate whether the consumer can meet their payment obligations and other relevant factors. If Sen Design has good grounds not to conclude the contract, it may refuse or attach special conditions to the order or request.

5. Sen Design will provide the consumer with the following information in writing or on a durable data carrier:

a.    conditions and procedures for exercising the right of withdrawal, or a clear statement if the right does not apply;

b.    information about guarantees;

c.    data included in Article 4 paragraph 3, unless already provided before contract execution.

Article 6 - Right of withdrawal

For the delivery of products:

1. The consumer has the right to dissolve the contract without giving reasons within 14 days after receiving the product or a designated representative receiving it.

2. During this period, the consumer must handle the product and packaging with care and only unpack/use it as necessary to assess whether they wish to keep it. Products with visible dirt or damage cannot be returned. If the consumer exercises the right of withdrawal, the product must be returned with all accessories and in original packaging according to Sen Design's clear instructions (via GLS, packed in the supplied plastic foil). The consumer is liable for damage during return shipping, except for transport company obligations.

3. The consumer must notify Sen Design of withdrawal within 14 days of receipt, preferably using the model form. After notification, the product must be returned within 14 days with proof of shipment (e.g., GLS receipt).

Article 7 - Costs in case of withdrawal

1. The consumer bears the return shipping costs and any costs for product depreciation or damage.

2. Sen Design will reimburse the consumer's payment within 14 days of receiving the returned product or proof of shipment, using the same payment method unless otherwise agreed.

3. The consumer is liable for depreciation caused by improper handling.

Article 8 - Exclusion of the Right of Withdrawal

1. Sen Design may exclude the right of withdrawal for products as described in paragraphs 2 and 3, provided this is clearly stated in the offer or before the contract is concluded.

2. Withdrawal exclusion applies only to products made according to consumer specifications and must be explicitly stated.

Article 9 - Price

1. The product price is the price stated on the website, except for obvious material errors.

2. Prices will not increase during the stated validity period except for VAT changes.

Article 10 - Conformity and Warranty

1. Sen Design guarantees products/services conform to the contract, specifications, reasonable quality and usability standards, and legal requirements.

2. Manufacturer or importer warranties do not affect consumer statutory rights.

3. Defects or wrong deliveries must be reported in writing within 8 days of discovery. Returns must be in original packaging and new condition.

4. Sen Design's warranty period equals the factory warranty, usually 2 years from purchase. Sen Design is not liable for suitability for individual use or advice.

5. Warranty does not apply if:

-       The consumer repaired or altered the product or had it done by others;

-       The product was exposed to abnormal conditions or handled carelessly or against instructions;

-       The product is visibly dirty or was stored improperly;

-       The defect is a result of government regulations on materials.

Article 11 - Delivery and Execution

1. Sen Design exercises utmost care in receiving and executing orders.

2. Delivery address is that provided by the consumer.

3. Orders are executed promptly and at latest within 30 days unless otherwise agreed. Delays or partial deliveries will be communicated within 30 days. Consumer may dissolve contract without costs but has no right to damages.

4. Delivery times are indicative and do not entitle to damages.

5. On dissolution, Sen Design refunds payment within 14 days.

6. If delivery is impossible, Sen Design will try to provide a replacement, which will be clearly communicated. Right of withdrawal applies to replacements. Return costs are on Sen Design.

7. Risk of damage or loss lies with Sen Design until delivery to consumer or designated representative, unless agreed otherwise.

Article 12 - Payment

1. Consumer pays via the website’s payment platform.

2. Consumer must immediately report incorrect payment details.

3. Sen Design may charge reasonable costs, disclosed to the consumer, in case of consumer default.

4. Default incurs 8% interest plus 10% fixed compensation.

Article 13 - Complaints Procedure

1. Complaints must be submitted clearly and fully within 7 days after discovery.

2. Sen Design responds within 14 days or acknowledges receipt with indication of response time.

3. Unresolved issues are subject to dispute resolution.

4. Consumers must first address complaints to Sen Design.

5. Complaints do not suspend Sen Design’s obligations unless stated in writing.

6. If complaint is deemed valid, Sen Design will replace or repair free of charge.

Article 14 - Disputes

1. Belgian law applies exclusively, even if consumer resides abroad.

2. The Vienna Sales Convention does not apply.

3. Ten aanzien van ondernemingen is enkel de Ondernemingsrechtbank Gent, afdeling Kortrijk bevoegd.

Artikel 15 – GDPR

1.    Sen Design collects and processes personal data for contract execution, customer management, accounting, and direct marketing based on contract performance, legal obligations, and/or legitimate interests. Sen Design is the data controller. Data is only shared with processors/third parties as necessary.

2.     Consumer is responsible for the accuracy of data provided and compliance with GDPR regarding data of others given to Sen Design.

3.    Consumer confirms being adequately informed about data processing and their rights (access, correction, deletion, objection).

4.    For more information, see the privacy policy on the website.