GENERAL CONDITIONS OF SALE ONLINE
ARTICLE 1: GENERAL INFORMATION
1.1. The Site is created and administered by the company Tigua international, whose corporate purpose is the sale of women's textiles, as well as all
related accessories. To contact us: Email: info@gualap.com.
The Website is also operated under the name Gualap.
1.2. These general terms and conditions of sale, as well as the documents to which they refer,
govern the use of this website and the mutual rights and obligations of the parties arising therein
within the framework of the contract concluded between the Company and the Client.
1.3. Use of this website or the Services offered by it automatically implies acceptance
unconditional acceptance by the Client of the entirety of these General Conditions, hereinafter the “Conditions
General”, which the Client acknowledges having read.
1.4. These general conditions are the only ones applicable, unless expressly stipulated otherwise.
1.5. The Company is authorized to revise, at any time and without prior warning, all or part of the site
or these general conditions.
ARTICLE 2: REGISTRATION AND PERSONAL DATA
2.1. The Client communicates the data necessary for processing the request that he makes to
the Company. The Customer, in order to have the product supplied by the Company, therefore communicates freely to
the Company the necessary and minimal data in this context (identity, telephone number, address, email).
The Client therefore expressly acknowledges that the processing of his data is necessary for the execution of the
contract concluded directly between him and the Company.
2.2. In the context of processing the Client's data, the Company specifies that these are confidential and
that they will only be used in the context of the execution of the contract and its consequences and during the execution of the
contract and its consequences.
2.3. The Client declares that all information provided by him is correct and accurate. Furthermore, the Client
claims to be over 18 years of age and to have the legal capacity to enter into contracts.
ARTICLE 3: USE OF THE WEBSITE
3.1. The Customer agrees to use the website only for legitimate requests or orders. Other
On the other hand, the Customer undertakes not to place speculative, false or fraudulent orders. If the Company
has reason to believe that such an order has been placed, it reserves the right to cancel it and to
inform the competent authorities.
3.2. The Client also undertakes to provide the Company with an e-mail address, postal address and/or any other
information allowing him to be contacted, in an accurate and precise manner, so that the Company can
contact if needed.
3.3. By placing an order via this website, the Customer guarantees to be at least 18 years old and to be
legally capable of contracting.
ARTICLE 4: PRODUCTS AND AVAILABILITY OF SERVICES
4.1. The products offered for sale by the Company are those which appear on the website on the day of the
consultation by the Customer, and within the limits of available stocks.
The Company undertakes to describe and present the products offered for sale with the greatest accuracy.
possible. However, if errors or omissions may have occurred in this presentation, the
the Company cannot be held liable.
4.2. The photographs and texts illustrating the products are not contractual.
ARTICLE 5: FORMATION OF THE CONTRACT
The information contained within these terms and conditions and the details appearing on this site do not
do not constitute an offer to sell but rather an invitation to contract. No contract may exist
between the Company and the Customer until the Company has accepted the order. If an order is not
not accepted and the amount has already been debited, the Customer will be fully reimbursed.
To place an order, the Customer will be asked to follow the online purchasing process and click
on “Buy” to submit the order. The Customer will then receive an email from the Company
confirming receipt of the order, hereinafter the “Order Confirmation”.
This Order Confirmation does not mean that the order has been accepted, insofar as the
order constitutes an offer by the Customer to purchase one or more products from the Company. All
Orders are subject to acceptance by the Company, which accepts the Order by sending an e-
email to the Customer informing that the product has been shipped, with the following title: “Delivery in progress”.
The contract will be formed between the Parties only upon sending this second email and will only apply
on products for which the Company has confirmed shipment. The Company shall not be bound by any obligation to
supply any other products that may appear in the Customer's order until the dispatch of these products has
not been confirmed in a separate email.
ARTICLE 6: AVAILABILITY OF PRODUCTS
All product orders are subject to availability. In this regard, in the event of
delivery difficulties or if products are no longer in stock, the Company reserves the right to offer
Customer of replacement products of equal or greater value and quality, which the Customer will have the
possibility to order. If the Customer does not wish to order these replacement products, the Company
will reimburse the latter for all sum(s) paid.
ARTICLE 7: REFUSAL OF ORDER
7.1. The Company reserves the right to withdraw, at any time, any products from this website, and/or
replace or modify any content or information appearing on this site.
7.2. There may also be exceptional circumstances in which the Company would be forced
to refuse to process or accept an order after receiving it or after sending you a
Order Confirmation. The Company reserves this right at any time and at its sole discretion. It does not
may be held liable to the Client or any third party as a result of this decision.
ARTICLE 8: DELIVERY, DEADLINES AND TRANSFER OF RISKS
Delivery is made by the means chosen by the Customer, Colissimo, B-Post or Mondial Relay delivery method (home address or delivery address, collection point,
package distributor), unless otherwise agreed in writing.
The cost of delivery is the responsibility of the Customer and is communicated before the Order Confirmation and before
payment.
More specifically, for deliveries in Belgium, the cost of delivery amounts to 6.00 euros for any order less than 100.00 euros. No delivery costs are charged to the Customer.
for orders exceeding the aforementioned amount. For deliveries to France and Luxembourg, the cost of
Delivery costs 6.00 euros for all orders, regardless of the amount.
Although the Company makes every effort to meet the delivery times indicated when ordering,
These are provided for information purposes only and are not guaranteed. The Company cannot be held responsible for any delay in delivery.
The transfer of risks to the Customer takes place at the time when the latter takes physical possession of the products.
ARTICLE 9: IMPOSSIBILITY OF DELIVERY
If, after several attempts, the Company is unable to deliver the products, it will leave the package
at the Post point closest to the Customer’s home.
In the event that the Customer's order is not delivered for reasons not attributable to
the Company within 15 days from the order being available for delivery,
the Company will consider that the Customer intends to cancel the Contract so the Company will consider it
as such.
Furthermore, if the customer makes a mistake when entering his contact details and due to this error,
If the Company is unable to deliver the package, the contract will also be considered terminated.
Following termination of the Contract, the Company will refund the full price paid for the products as soon as
possible, and in any event, within a maximum period of 30 days from the date on which
the Company shall consider the Contract to have been terminated. In such cases, the Company shall be entitled to invoice the
Customer the transport costs arising from the delivery and termination of the Contract.
ARTICLE 10: RISK AND OWNERSHIP
The Customer shall assume the risks relating to the products from the time of delivery. Ownership of the products does not pass to him
will be transferred only when the Company has received full payment of the amounts due in respect of the
products, including delivery costs, or, if delivery occurs after said payment, upon delivery.
ARTICLE 11: PRICE AND PAYMENT
11.1. Prices are quoted in euros and include all charges.
Prices do not include shipping costs which will be charged at the end of the ordering process and
will be specified to the Customer during the Order Confirmation.
Any taxes or customs duties applicable to orders delivered outside Europe.
are the responsibility of the Customer. It is the Customer's responsibility to inquire with the competent authorities
of his country.
11.2. The prices of the products are those stipulated on the Company's website, except in cases of obvious errors. If
the Company notices an error in the price of the products that the Customer has ordered, the Company in
will inform the Client as soon as possible and will give the latter the possibility of either confirming the
order at the correct price, or to cancel it. If the Company is unable to contact the Customer, the
order will be considered cancelled and if you have already paid for the products, you will be fully
refunded.
11.3. The Company reserves the right to modify its prices at any time but the items will be invoiced on the
based on the rates in effect at the time of the Order Confirmation, subject to availability.
articles. The Company may, however, pass on to the prices any changes in the VAT rate which
would occur before the delivery date.
11.4. The items remain the property of the Company until full payment of the price of the order.
11.5. Once the Customer has completed his selection, the items he wishes to purchase are recorded in his
basket, the next step being its identification, then payment. To do this: 1. Click on the box "
View my Cart”. 2. Fill in or check the information about you, the details of your order,
the address to which you wish to be delivered and the billing address. 3. Please enter your details
card. 4. Click on “Buy” You will be able to make payment using Visa, Mastercard and
PayPal.
11.6. The Customer's card data will be encrypted to minimize the risk of unauthorized access.
authorized. When the Company receives the order, it will encode the card data via
the secure Hipay module, except for orders made via PayPal, which have their own system
secure. The charge will be made to the card when the order leaves the warehouse. If the
Customer makes payment through PayPal, the charge will be made when the Company
will confirm the order to the Customer. By clicking on "Buy", the Customer confirms that the credit card
belongs to or is the rightful owner of the gift card or payment card.
ARTICLE 12: VALUE ADDED TAX
In accordance with current regulations, any purchase made on the website is subject to VAT.
value added tax (VAT).
In this respect, in accordance with Chapter I of Title V of Directive 2006/112/EC of 28 November 2006 relating to the
common VAT system, the place of supply is considered to be in the Member State where the
products must be delivered and the applicable VAT is that in force in each Member State where the products
must be delivered in accordance with the purchase orders.
In accordance with the regulations applicable in each country, the self-liquidation mechanism provided for in
Article 194 of Directive 2006/112 may apply to products supplied in certain Member States of
the European Union if the consumer is or must be subject to VAT. If this is the case, we do not
will not collect VAT, provided that the recipient guarantees us that the VAT on the products delivered will be
accounted for by the consumer according to the self-liquidation mechanism.
ARTICLE 13: GUARANTEE
Book VI of the Code of Economic Law allows the consumer to benefit from a guarantee in the event of
sale of consumer goods. This guarantee only covers defects of conformity existing at the time
of the delivery of the goods. This therefore does not apply if the defect originates from the poor
handling, deterioration or improper use of the product by the Customer.
ARTICLE 13: RESPONSIBILITY
13.1. Except for cases expressly mentioned in these general conditions, the
The Company's liability with respect to any product purchased through its site is strictly limited to the price
purchase of this product.
13.2. Nothing in these terms and conditions shall exclude or limit the liability of
the Company in the event of fraud or serious misconduct by the Company or one of its employees or agents.
13.3. The Company shall not be liable in any way for indirect losses resulting from side effects
due to the termination of the contract concluded between the Parties.
13.4. The Company does not guarantee the accuracy and security of information transmitted or obtained from
this site, except as expressly provided otherwise on the site.
13.5. All descriptions of products, information and materials appearing on this site are given "as is".
informative” and without express, implied or other warranty.
ARTICLE 14: INTELLECTUAL PROPERTY
14.1. All elements of the Company's website are and remain the Company's exclusive intellectual property.
14.2. The Client has the right to discuss and share the Company's internet links provided that this is done
in a legal and fair manner, without damaging the Company's reputation or making improper use of it.
The Company reserves the right to remove these links at any time or to request the Client to do so within
as soon as possible.
14.3. The Customer may also use this website for any necessary copy of order or details.
of a contract.
ARTICLE 15: RIGHT OF WITHDRAWAL
The Customer has a right of withdrawal allowing him to cancel the purchase within 14 days
calendar from receipt of the order. This right of withdrawal does not belong to the customer
professional.
The customer must inform the Company as soon as possible of his wish to cancel his order or request a
reimbursement. He can do so via the following form.
The products must be examined by the Customer at the time of delivery in order to verify that they correspond to
the order.
Products must be returned in perfect condition, unworn, unwashed and still with their label
of origin. If these conditions are not respected, the products will be considered non-compliant and will not
will not be refunded.
The products will be returned at the Customer's expense using the return document provided in the original package.
This document may be returned to the customer by the Company if requested.
The Company shall reimburse all payments received from the Customer excluding delivery costs, without undue delay and, in any event,
cause, at the latest fourteen days from receipt of the goods if the latter have been delivered or from the
receipt of the Customer's wish to cancel his order. The Company will proceed with the refund in
using the same means of payment as the Customer would have used for the initial transaction, unless
the latter expressly agrees to a different means.
ARTICLE 16: DEFECTIVE PRODUCTS
If the Customer considers, upon delivery of the goods, that the product does not conform to his order, the latter
must contact the Company immediately via the contact form , indicating the references and the defect
noted.
The Customer must return the product to the address indicated by email. (with the document
return provided in the original package), via B-Post. The Company will carefully examine the
returned product and will inform the Customer by email within a reasonable time if the product can be refunded or
replaced. The refund or replacement of the item will take place as soon as possible and, in any case,
within 14 days from the date of sending the email confirming that the refund or replacement
of the product is in progress.
Amounts paid for products returned due to damage or defect, if these are
proven, will be fully refunded, including delivery costs related to sending the item as well as
those paid by the Customer to return them to the Company. The refund will be made by the same
payment method other than that used for the purchase.
ARTICLE 17: LINKS ON THE SITE
If this website contains links to other third-party sites and data, these links will be
provided for informational purposes only, without the Company having any control over the content or
data from these sites. Consequently, the Company declines all responsibility in the event of loss or harm
resulting from the use of these links.
ARTICLE 18: WRITTEN COMMUNICATIONS
By using this site, the Client accepts that communications with the Company will be primarily
electronics.
ARTICLE 19: FORCE MAJEURE
Force majeure gives the Company the right to terminate, in whole or in part, any order, or
to suspend its execution without notice or compensation. This particularly concerns: war, mobilization,
strikes, total or partial, lockouts, riots, accidents, fires, explosions and any case of force majeure
beyond the control of the Company and constituting for it or for its suppliers an obstacle to the
receipt of products, preparation of orders or delivery of products to the Customer.
ARTICLE 20: NULLITY OF A PROVISION
If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable by any
competent authority, it would, as such, be separated from the other provisions which would remain valid.
ARTICLE 21: ENTIRE AGREEMENT
These general conditions and any document expressly referring to them represent
the entire contract between the Company and the Client and prevail over any agreement, understanding or
prior arrangement between the Parties, whether oral or written.
ARTICLE 22: RIGHT TO MODIFY THESE GENERAL CONDITIONS
The Company has the right to revise and modify these general conditions at any time and at its sole discretion.
convenience. The Customer will be subject to the terms and conditions in effect at the time the order is placed.
ARTICLE 23: APPLICABLE LAW AND COMPETENT COURT
Belgian law applies to all contractual relationships between the Company and the Client. The Courts of
Liège, Liège Division, are competent.
