Terms of service

Article 1. Definitions 

1.1 The Business: sole proprietorship De Smedt, Luca with company number 1034.051.375, established in Kestergat(P) 8 1670 Pepingen under the name Louqa, with email address: info@louqa.eu. 

1.2 The Customer: any customer who is a natural person and who usually and primarily acts for private purposes. The Business has a B2C relationship with this customer.  

1.3 Products: all goods available for purchase on the Website. 

1.4 The Agreement: the distance contract concluded between the Business and the Customer for the purchase of Products via the Website. The Agreement is governed by these general terms and conditions. 

1.5 Website: the Business's website: https://www.louqa.eu. 

 

Article 2. Scope 

2.1 These general terms and conditions apply to all legal relationships (including quotations, offers, order forms and agreements) between the Business and the Customer.  

2.2 Acceptance of the offer implies acceptance of these general terms and conditions.       

 

Article 3. Unilateral amendment or supplement  

3.1 Provisions or terms that deviate from these terms and conditions or that amend or supplement these terms and conditions shall be binding on the Business only if the Business expressly agrees to such provisions in writing.  

3.2 If the offer and acceptance refer to different general terms and conditions, the contract shall nevertheless be concluded. Both sets of general terms and conditions shall form part of the contract, with the exception of the incompatible provisions, unless the Business has expressly agreed in writing to those incompatible provisions. 

3.3 The invalidity of a provision or part of a provision under the Agreement shall in no way affect the validity of the remaining part of that provision or of the other provisions and clauses. 

 

Article 4. Formation and duration  

4.1 The Agreement is concluded at the moment the Customer places an order and thereby accepts the offer and the general terms and conditions.

4.2 The Agreement and the general terms and conditions shall remain in force until all obligations have been performed. 

 

Article 5. Price and cost determination  

5.1 The prices applicable to the services are those stated on the Website at the time of the order. Prices are determined per assignment and are expressed in euros and include VAT.  

5.2 The prices stated on the website exclude delivery costs. The shipping costs are available to the customer via https://louqa.eu/policies/shipping-policy. 

5.3 Before an order is finally placed, the total price, including all costs and taxes, will be available to the Customer at checkout. 

 

Article 6. Delivery

6.1 The Company undertakes to deliver the Products within a period of 4 days after full receipt of payment, unless a different delivery date is agreed between the Company and the Customer at the time the Agreement is concluded. 

6.2 If the Company is unable to deliver the Products within the above-mentioned period, the Company undertakes to notify the Customer thereof in writing. The Customer will then grant the Company a new, reasonable delivery period. If the Company exceeds that period again, the Customer has the right to cancel the order. 

6.3 The Customer will receive a confirmation by email as soon as the order is dispatched by the Company.  

6.4 The Company will deliver the order to the address provided by the Customer to the Company during the purchase process. 

6.5 If, at the time of delivery, no one is available at the Customer's address, the Customer must follow the instructions of the delivery service responsible for delivering the order. 

6.6 The Company reserves the right to make partial deliveries of the ordered Products, including but not limited to the situation where part of the order is delayed or unavailable. In the event of a partial delivery, the Company will notify the Customer in writing. 

6.7 Upon delivery/collection, the Customer must inspect the packaging for any damage. If the Products are damaged, the Customer may not accept the delivery and must immediately notify the Company in writing. Following such notification, the Company will provide the Customer with the necessary instructions regarding the damaged Products. 

 

Article 7. Withdrawal  

7.1 The Customer has a statutory right to withdraw from the Agreement during the period specified in article 7.2. This means that the Customer may decide not to keep the Products during the relevant period. The Customer must notify the Company in accordance with article 7.4 of the decision to withdraw from the Agreement and receive a refund. The Customer does not need to give any reason for the withdrawal. 

7.2 The Customer has fourteen (14) days to withdraw from the Agreement. The starting point of the period for exercising the right of withdrawal may vary. The following rules apply: 

A. If the delivery consists of a single Product, the period starts on the day after the Customer receives the Product. 

B. If the delivery concerns multiple Products delivered on separate days, the period starts on the day after the Customer has received the last Product ordered. 

C. If the delivery concerns a Product over a specified period, the period starts on the day following the day on which the Customer received the first delivery of the Products. 

7.3 The Customer may withdraw from the Agreement only if the Products: have not been worn, washed or otherwise used; are complete; and have their original labels attached.  

The Customer may not exercise the right of withdrawal in relation to: 

A. the supply of goods made to the Customer's specifications or the supply of goods clearly intended for a specific person; 

B. the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed after delivery. 

7.4 If the Customer decides to withdraw from the Agreement, the Customer must notify the Company by using the model form (https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf) or by sending an email to info@louqa.eu, clearly stating the wish to withdraw from the Agreement. 

7.5 The Customer must return the Products to the Company without undue delay and in any event no later than fourteen days after sending the notice of withdrawal to the Company. The Products must be sent to the Company in the same manner in which the Customer received the Products. To obtain a return label, the Customer must send a request to info@louqa.eu. The return label will then be sent to the email address that the Customer used for the request. The return label must be affixed to the packaging of the Products that the Customer wishes to return. 

7.6 All costs for returning the Products shall be paid by the Customer. 

7.7 In the event of withdrawal: 

A. the Company will refund the amounts already paid by the Customer for the Products after receipt of the Products. However, the Company may reduce the refund to take into account any diminished value of the Products if this was caused by the Customer handling them in a way that would not be permitted in a shop. 

B. the Company will make all refunds within a reasonable period after receipt of the Products. 

C. the Company will reimburse the Customer to the credit card or debit card that the Customer used to make the payment. 

D. the Company has the right to reimburse the Customer with vouchers if the Customer used vouchers to pay for the Products.  

7.8 If an order is not placed in the capacity of a consumer, no right of withdrawal shall apply.  

 

Article 8. Force Majeure and Non-Performance 

8.1 The Company shall not be liable or responsible for any non-performance or delay in the performance of its obligations under the Agreement if this is due to force majeure. In the event of force majeure, the Customer may therefore not claim damages for non-performance. 

8.2 Force majeure means: any event occurring outside any identifiable human action, including but not limited to illness, death, and extreme and unforeseen weather conditions or natural phenomena.  

8.3 In the event of a situation of temporary force majeure, the Company shall inform the Customer thereof and the Company's obligations under the Agreement shall be suspended and the period for performance of the obligations shall be extended for the duration of the force majeure situation. If the force majeure situation affects the delivery of the Products, the Company shall arrange a new delivery date with the Customer after the force majeure situation has ended. 

8.4 In the event of a situation of permanent force majeure, the Company shall inform the Customer thereof. Where applicable, the Company shall be released from its obligations. 

8.5 The Customer must ensure that the goods can be delivered by the Company in a normal manner at the agreed place and the agreed time. The Customer must therefore ensure, among other things, that the delivery location is accessible. If this has not been complied with, the Customer shall be obliged to compensate the Company for all damage, including waiting hours, storage costs and costs for preserving the goods. 

8.6 The Company undertakes an obligation of means. The Company shall not be liable to the Customer for any compensation for damage that would be the direct or indirect result of the services provided or goods sold by it or persons engaged by it, except in the event of wilful misconduct or gross negligence. 

8.7 Under no circumstances may the Company be held liable for any indirect damage such as, but not limited to, loss of income, loss of contracts, capital costs, reduction in return, or any other losses or consequential damage, whether suffered by the Customer or by third parties.  

8.8 Without prejudice to the rights and remedies granted to the Customer by applicable law or these general terms and conditions, the Company's liability for direct damage shall be limited to the value of the ordered Products. 

 

Article 9. Complaints and Warranty 

9.1 The Customer must inspect the delivered goods immediately. 

9.2 Every invoice shall be deemed accepted unless it is objected to by registered letter within 4 days. 

9.3 The Customer is entitled to a legal guarantee of two years. The legal guarantee covers any defect or lack of conformity of the Products that becomes apparent within a period of two years from the date of delivery of the Products. 

9.4 The Customer must inform the Company by email of the defective Products within a reasonable period after the defect became known or could reasonably have become known to the Customer. 

9.5 If the Customer has any complaints, the Customer may contact the Company via the email address info@louqa.eu. 

 

Article 10. Payment Terms & Methods 

10.1 The Customer must pay at the time the order is placed. Payment can be made via Bancontact, Maestro, Mastercard, Visa, American Express, Google Pay, Shop Pay, Unionpay or Paypal. 

10.2 If the Company does not receive full payment within 4 days after receipt of the order, the Company has the right to cancel the order.  

 

Article 11. Jurisdiction and Choice-of-Law Clauses  

11.1 These terms are governed by Belgian law.  

11.2 For any dispute concerning the application of these terms and the performance of the service, the courts of the district where the Company is established, as stated in Article 1.1, shall have exclusive jurisdiction. 

 

Article 12. Privacy

12.1 The Company uses the Customer's personal data solely in accordance with the Privacy Policy on the Website: https://louqa.eu/policies/privacy-policy.