These general terms and conditions define, without prejudice to the application of specific conditions, the respective obligations of the contracting parties regarding sales made by our services. By signing the agreement or purchase order, accepting the order confirmation, or paying for the order, our co-contractor expressly acknowledges having read and accepted these general terms and conditions. Provisions that are not expressly waived remain applicable. Only waivers subject to a written agreement on our part can modify the application of these general terms and conditions. In the event of a conflict between our co-contractors’ general terms and our own, it is agreed that the latter shall prevail.
Unless otherwise stipulated in writing, the validity period of our offers is 10 days from their issuance.
Any order entrusted to us is only binding upon our written confirmation. Modifications made by the customer to their purchase order or our offer will only be valid if we have accepted and confirmed them in writing. In the event of unilateral cancellation of an order by the co-contractor outside the legal cooling-off period, we reserve the right to demand compensation equal to 30% of the total order amount. In accordance with Belgian legislation (Law of 05/12/2010 on market practices and consumer protection), the customer has the right to cancel their order under the following conditions:
The deadlines set for our services or deliveries are, unless otherwise stipulated, given for informational purposes only. If a deadline is mandatory, it must be clearly specified as such on the purchase order. In this case, if the delivery is delayed, the buyer may claim compensation, which cannot exceed 10% of the total order price.
Even in this case, the following circumstances release us from our deadlines:
When delivery is our responsibility, it is carried out by the means of our choosing, unless otherwise agreed in writing. In this case, the goods travel at the customer’s expense and risk, except in cases of fraud or gross negligence on our part or that of our agents. During our Secret Parties, we charge a flat fee of €2.50 per order, which may be increased depending on the size of the order or increases in shipping rates. For orders placed on our website, shipping costs will depend on the delivery location.
If the buyer fails or refuses to take delivery of the ordered goods, we reserve the right to demand execution of the contract or to consider, after prior formal notice, the contract as automatically terminated. In the latter case, the buyer will owe us, automatically and within eight days of the notification of this termination, a fixed compensation equal to 30% of the selling price.
Products are delivered to the Hostess’s address, as indicated on her purchase order and invoice, or to a Kiala Relay point chosen by the Hostess. In the event of the hostess’s absence during delivery, or if the customer fails to pick up the package deposited at their chosen location within the timeframe imposed by the transport company, reshipment costs will be borne by the customer at a price of €10 to €50 depending on the weight of the returned package.
The seller retains ownership of the sold goods until full payment of the price and its accessories (potential fees, interest, and penalties). Consequently, the buyer expressly refrains from selling, transferring, pledging, and generally alienating the goods subject to the contract before their account is cleared. The seller may invoke this retention of title clause eight days after sending a formal notice to pay by registered mail with return receipt requested, addressed to the buyer and left unanswered. The goods must then be returned to the seller immediately and upon simple request. The buyer will nevertheless remain solely responsible for the loss of the sold goods, even by chance or force majeure.
The set prices are expressed in euros, VAT included. Unless otherwise stipulated, they do not include transport costs, which will be added to the invoice and purchase order if we are responsible for it or its organization. Our prices are generally not subject to revision, but we may, however, pass on any changes in the VAT rate that occur before the delivery date.
Invoices are payable at our head office, no later than thirty days from the order.
Past this deadline, any unpaid invoice will, automatically and without formal notice, accrue conventional interest of 12% per year, with a minimum rate conforming to that provided by Article 5 of the Law of August 2, 2002, relating to late payment in commercial transactions.
Furthermore, any invoice unpaid on the due date will be automatically increased, without formal notice, by a fixed and irreducible penalty of 15% of the unpaid amount, with a minimum of €50 per invoice. Any dispute regarding an invoice must be submitted to us in writing within fifteen days of its dispatch. A consumer, as defined by the Law of 07/14/1991, may demand the application of compensation and interest to the extent and under the conditions set by this clause, in the event of non-performance of our obligations.
If a duplicate invoice is requested, an administrative fee of €20 excluding VAT will be applied.
The products will be deemed accepted by the buyer no later than five calendar days after delivery, barring any precise and detailed complaint notified to us by registered mail before the expiration of this period.
Acceptance will cover all apparent defects and non-conformities, meaning all those that the buyer could have detected at the time of delivery or within the following five calendar days through a careful and serious inspection.
We guarantee the products we sell against hidden defects for a period of 12 to 24 months (depending on the item) from delivery. This warranty is subject to the following conditions. The warranty can only be invoked if the following conditions are met:
To invoke the warranty, the buyer must notify us of any complaint relating to hidden defects by registered mail within a maximum of one month after they discovered or should normally have discovered the defects.
Our warranty is limited, at our discretion, to the free repair or replacement of defective goods. Under no circumstances will they be refunded. The buyer must return the defective device to our facilities at their own expense and risk for it to be repaired or replaced. We will bear the cost of returning the item to our facilities and shipping it back to the buyer if the device to which the warranty applies proves to be genuinely defective.
A buyer acting for non-professional purposes benefits from legal rights under the Law of September 1, 2004, on consumer protection regarding the sale of consumer goods. This commercial warranty applies without prejudice to these rights.
In accordance with Article 1649quater §2 of the Civil Code, the consumer is required to inform the seller of the existence of a lack of conformity within two months from the day the consumer noticed the defect.
The customer has a period of 14 days from the delivery of their order to return unused products to the Company in their sealed original packaging with their accessories for an exchange. No exchange will be made for any product whose sealed packaging has been opened. For hygiene reasons: panties, thongs, boxers, tights, stockings, and sex toys will not be exchanged. The customer must first contact Customer Service and then return the products via the Post Office or a private carrier, with insured tracking for the value of the merchandise contained. The risks associated with returning items (loss or damage) remain the customer’s responsibility, as do the return shipping costs. The customer must include payment for the shipping costs corresponding to their destination country for sending the newly chosen item and any potential price difference for the order. Upon receipt, the Company commits to shipping the newly chosen item to the customer as soon as possible. In the event of an error during the processing of the order, the Company will cover all shipping costs.
All texts, comments, works, illustrations, and images reproduced on documents belonging to the Lovely Secret brand are reserved under copyright and intellectual property laws. Any use other than private use without prior written authorization from the company constitutes infringement and is punishable under intellectual property laws. Any total or partial reproduction of the documents published by the brand and the company is strictly prohibited.
The preceding stipulations contain no waiver of our right to claim, at our convenience, in the event of non-payment or non-compliance by our co-contractor with their contractual obligations, the resolution or termination of the agreement with damages. In the event of termination/resolution of the contract due to the fault of a contracting party, a fixed compensation of 30% of the total price will be owed to the other party.
In accordance with the law, the customer is informed that personal data is subject to automated processing intended for customer relationship management. The customer has the right to access, rectify, and, subject to applicable legal provisions, delete data concerning them, which they must exercise by written request, with Customer Service being the data controller. All information collected is intended for internal use for order processing, customer files, or to allow our company to send you commercial offers.
The Ambassadors representing our brand are independent contractors: we cannot be held directly liable for an issue related to an independent Ambassador.
In the event of a dispute between parties or proceedings for payment, only the courts having jurisdiction over our head office (RPM Nivelles) are competent.
Any change to specific agreements or these general conditions must be the subject of a written addendum signed by all parties.
The invalidity or illegality of one of the clauses provided for in the contracts (specific and general conditions) agreed upon between the parties in no way entails the invalidity or nullity of the other conditions of the contract concluded between the parties—such clauses remaining fully valid.
TTCK Srl, DBA Lovely Secret
10 Chaussée de Charleroi
1360 Perwez
BE0526859755
010/655.695
