Our Store Policies

Privacy Policy

The Belgian company Miss Trésor located at Kleine Zouterdreef 5, 9880 Maria-Aalter (Belgium) with VAT identification number: BE0759.475.455 is the administrator of the personal data you provide to us and is therefore responsible for your personal data under applicable data protection law. Miss Trésor determines which of your personal data will be processed, why and for how long. This will never happen without a reason, and we will never sell your personal information to third parties.
 

Transfer to third parties

Only persons authorized by Miss Trésor to secure and / or otherwise process personal data and / or perform IT maintenance activities have access to your personal data. Miss Trésor can engage a processor for the processing purposes listed in this privacy statement. Miss Trésor enters into an agreement with each processor that ensures that the processor offers sufficient guarantees with regard to technical and organizational security measures with regard to the processing to be carried out.
Furthermore, Miss Trésor will not provide your personal data to third parties, unless this is necessary for the implementation of its services, on the basis of a statutory regulation or in an emergency, insofar as this is in your interest in the reasonable opinion of Miss Trésor.

 

What do personal data entail and for what purposes are they used?

This indicates all information that can be traced back to an individual (this can be direct or indirect), the name of the person does not have to be known. Other information that may be collected is email address, telephone number and cookie IDs. We process this personal data for:

Visit our website

Use of our website

Creating and managing accounts

Processing of orders

Processing of questions and complaints

Optimizing our marketing communications

The optimal functioning of the webshop

Improving this website

Processing of personal data by third parties

Consider, for example, delivering your package to your home. As long as these partners process your personal data on behalf of Miss Trésor, this is done in the role of processor. In order to guarantee the agreements we have with you with regard to security, confidentiality and your rights, these are included in processing agreements that we have concluded with these third parties / partners. 
 

What are your rights?
You have the right at any time to request which information we keep about you. If you would like to have access to this data, you can send an email to info@miss-tresor.com and we will provide you with this information.
You have the right to request and receive the information we have about you. We will merge this and send it to you.

Right to correction
If we have information about you that is incorrect or incomplete, you have the right to have this corrected.

Right to delete
If Miss Trésor processes your personal data, you have the right to have this personal data deleted, with the exception of the following situations:

You still have an open order that has not yet been completed or has already been shipped;

You still have a payment obligation at Miss Trésor;

You have abused or are suspected of abusing our services in the past 5 years;

If you have made a purchase with us, we will keep your personal data because of the transaction to be processed in our accounting.
 

Retention period

We do not store your data longer than is necessary for the performance of our services, unless we are obliged by law to keep personal data longer.

Terms of Use


1. Definitions

1.1 Miss Trésor, established in Belgium  at the address Kleine Zouterdreef 5, 9880 Maria-Aalter, VAT identification number: BE0759.475.455 (info@miss-tresor.com)

1.2 Consumer-customer: the natural person, not acting in the exercise of a profession or business, to whom Miss Trésor supplies or sells goods, and his representative (s), authorized representative (s), legal successors and / or heirs.

1.3 Customer: the natural person and / or legal entity, acting in the exercise of a profession or business, to whom Miss Trésor supplies or sells goods and / or services, and his representative (s), authorized representative (s), legal successors and / or heirs.

1.4 Agreement: the agreement concluded between Miss Trésor and the Consumer-Customer and / or the Customer with regard to the sale or delivery of goods and / or the provision of services to which these general terms and conditions apply.
 

PART I.

Unless otherwise stated, the provisions of PART I of these general terms and conditions apply both to Agreements with Customers and Agreements with Consumer-customers.
 

2. General

2.1 These general terms and conditions apply to all offers, quotations, legal relationships and agreements of and / or with Miss Trésor.

2.2 By placing an order, the Consumer-Customer and / or Customer indicates that they agree with the general terms and conditions.

2.3 All offers and / or quotations from Miss Trésor are without obligation, unless explicitly stated otherwise by  Miss Trésor in writing.

2.4 All images, specifications and / or data in offers and / or quotations from Miss Trésor are indicative and cannot give rise to compensation or termination of the Agreement.

2.5 Offers and / or quotations from Miss Trésor do not automatically apply to repeat orders.

2.6 Miss Trésor reserves the right to correct obvious mistakes and / or clerical errors in offers and / or quotations. No liability is accepted for the consequences of errors. Miss Trésor cannot be held to its offer if the Consumer-Customer and / or Customer should have understood that the offer and / or quotation, or any part thereof, contained an obvious mistake or clerical error.

2.7 Deviations and additions to these general terms and conditions are only valid if they have been explicitly agreed in writing.

2.8 Any additional (oral) agreements and / or promises made by or on behalf of Miss Trésor are only binding if expressly confirmed in writing by Miss Trésor .

2.9 Application of any conditions used by the Consumer-Customer and / or Customer is hereby expressly rejected.

2.10 If any provision of these general terms and conditions is null and void or is nullified, the other provisions of these general terms and conditions will remain in full force and effect.

2.11 If the Consumer-Customer and / or Customer consists of more than one (legal) person, each of these (legal) persons are jointly and severally bound to Miss Trésor for the obligations arising from the Agreement.

2.12 Miss Trésor has the right to change and / or supplement these general terms and conditions.

2.13 Without written permission from Miss Trésor, the Consumer-Customer and / or Customer is not entitled to transfer any right or any obligation under the Agreement to third parties.
 

3. Formation of the Agreement

3.1 Subject to the provisions of articles 3.3 and 3.4 of these general terms and conditions, the Agreement is concluded by written confirmation by Miss Trésor of the acceptance of the offer by the Consumer-Customer and / or Customer.

3.2 If the Consumer-Customer and / or Customer has accepted Miss Trésor 'offer electronically, Miss Trésor will electronically confirm acceptance of the offer by the Consumer-Customer and / or Customer.

3.3 Miss Trésor reserves the right to refuse the conclusion of the Agreement within a period of 5 working days after receipt of the acceptance by the Consumer-Customer and / or Customer without stating reasons or to only accept it under the condition that the shipment takes place. cash on delivery or after payment in advance.

3.4 Miss Trésor is entitled to carry out a check in the event of an order where payment afterwards or a credit card is chosen. Based on this check, Miss Trésor can offer an alternative payment method or refuse the conclusion of the Agreement. 

3.5 If the conclusion of the Agreement is refused by Miss Trésor on the basis of articles 3.3 and / or 3.4 of these general terms and conditions, the Consumer-Customer and / or Customer cannot claim any compensation.

3.6 Should Miss Trésor exercise its rights under articles 3.3 and / or 3.4 of these general terms and conditions while the order has already been paid, Miss Trésor will try to refund the payment via the payment method used by the Consumer-Customer and / or Customer. If this is not possible, Miss Trésor will contact the Consumer-Customer and / or Customer to refund the payment via another method.

3.7 Miss Trésor is entitled to execute the Agreement in different phases.

3.8 Each Agreement is entered into under the resolutive condition of sufficient availability of the items concerned.
 

4. Prices

4.1 All prices quoted are in Euro and include VAT.

4.3 All prices quoted are exclusive of packaging, shipping or delivery costs, unless otherwise agreed in writing.

4.4 Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer or supplier implements interim price increases.
 

5. Payment

5.1 Miss Trésor is entitled to invoice immediately after the Agreement with the Consumer-Customer and / or Customer has been concluded.

5.2 Payment of (online) invoices takes place within 14 days of the invoice date in a manner indicated by Miss Trésor and on the payment conditions indicated by Miss Trésor.

5.3 In the event of late or late payment by the Consumer-Customer and / or Customer, Miss Trésor has the right to terminate the Agreement. In that case the Consumer-Customer and / or Customer cannot claim compensation.

5.4 The Customer is not entitled to set off or to suspend a payment.
 

6. Delivery

6.1  Miss Trésor will deliver the purchased goods or services after the full invoice amount as well as the additional (shipping) costs have been paid to Miss Trésor by the Consumer-Customer and / or Customer, unless otherwise agreed.

6.2 The place of delivery is the address that the Consumer-Customer and / or Customer has made known to Miss Trésor.

6.3 The delivery times as mentioned in the offers or on the Miss Trésor website are indicative. No rights can therefore be derived from the aforementioned periods. Miss Trésor will execute accepted Agreements with a Consumer-Customer with due speed, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer-Customer will be notified of this no later than 30 days after placing the order. In that case, the Consumer-Customer has the right to terminate the Agreement without costs.

6.4 The risk of damage and / or loss of goods rests with Miss Trésor until the moment of delivery to the Consumer-Customer or his pre-designated representative notified to Miss Trésor, unless expressly agreed otherwise.

6.5 If the Agreement has been concluded with a Customer, delivery will take place ex warehouse. From the moment of delivery, the risk of damage and / or loss of goods rests with the Buyer.
 

7. Warranty and complaints

7.1 The Consumer-Customer and / or Customer is obliged to inspect the delivered goods at the time of delivery or have them inspected. If it appears that the delivered item is wrong, inadequate or incomplete, the Consumer-Customer and / or Customer (before proceeding to return it to Miss Trésor) must immediately report these defects to Miss Trésor in writing. Any defects or incorrectly delivered goods must and can be reported to Miss Trésor in writing no later than 7 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.

7.2 If the Agreement has been concluded with a Customer, any visible defects must be reported to Miss Trésor in writing within 3 working days after delivery, under penalty of forfeiture of rights.

7.3 The Miss Trésor guarantee scheme and term correspond to the factory guarantee period of the delivered goods. However, Miss Trésor is never responsible for the ultimate suitability of the delivered goods for each individual application by the Consumer-Customer and / or Customer, nor for any advice regarding the use or application of the delivered goods.

7.4 If Miss Trésor considers complaints from the Consumer-Customer and / or Customer to be well-founded, Miss Trésor will, at its option, either replace the goods delivered free of charge or make a written arrangement with the Consumer-Customer and / or Customer about compensation, on the understanding that the amount of the compensation is always limited to a maximum of the invoice amount of the goods concerned. However, Miss Trésor is in all cases only liable within the limits of the provisions of article 11 of these general terms and conditions.

7.5 The warranty in article 7.4 lapses if:

a) The Consumer-Customer and / or Customer has repaired and / or processed the goods delivered themselves or has them repaired and / or processed by third parties;

b) The delivered goods have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of Miss Trésor and / or have been handled on the packaging or labels;

c) The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
 

8. Returns

8.1 Return of delivered goods takes place at the expense and risk of the Consumer-Customer and / or Customer and is only permitted after written permission from Miss Trésor under the conditions to be set by it.

8.2 Fully or partially processed items, damaged items and packaged items, of which the packaging is missing, can never be returned.
 

9. Retention

9.1 All goods delivered to the Consumer-Customer and / or Customer remain the property of Miss Trésor until all amounts owed by the Consumer-Customer and / or Customer for the goods delivered under the Agreement, as well as all amounts due to any failure to fulfill the payment obligations,Miss Trésor are fully met.

9.2 As long as ownership of the delivered goods has not passed to the Consumer-Customer and / or Customer, the latter may not pledge or transfer ownership of the goods or grant any other right thereto to third parties.

9.3 The Buyer is permitted to sell and deliver the goods delivered subject to retention of title to third parties in the course of its normal business. The customer is obliged to keep the goods delivered under retention of title separately with due care and as the recognizable property of Miss Trésor.

9.4 If the Customer fails to comply with the provisions of article 9.3 of these general terms and conditions, it is presumed that the items present, of the type supplied by Miss Trésor, belong to Miss Trésor.

9.5 The Consumer-Customer and / or Customer is obliged to insure the delivered goods for the duration of the reserved property against the risk of fire, explosion, water damage, as well as against theft, the insurance policy of which can be requested and viewed by Miss Trésor on first request.
 

10. Force majeure

10.1 In the event of force majeure, Miss Trésor is entitled to suspend performance of its obligation under the Agreement or a part thereof and the Consumer-Customer and / or Customer cannot claim performance or compensation.

10.2 Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of Miss Trésor as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are explicitly considered as force majeure situations.

10.3 In the event of force majeure, Miss Trésor reserves the right to suspend its obligations and is also entitled to dissolve the Agreement in whole or in part, or to demand that the content of the Agreement be amended in such a way that execution remains possible. Under no circumstances is Miss Trésor obliged to pay any fine or compensation.

10.4 If Miss Trésor has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate Agreement. However, this does not apply if the already delivered or deliverable part has no independent value.
 

11. Liability

11.1 The liability of  Miss Trésor- as well as its representatives / authorized representatives, employees and third parties engaged by Miss Trésor - is always limited to the amount that is paid out in the relevant case under the applicable liability insurance of Miss Trésor, increased by the amount of the deductible according to the applicable policy conditions are for the account of Miss Trésor. If, for whatever reason, no payment should be made under the aforementioned insurance, any liability of Miss Trésor is always limited to the amount paid by the Consumer-Customer and / or Customer in respect of the Agreement, or the part thereof, in connection with which the liability is has been paid to Miss Trésor , up to a maximum of EUR 1,000.

11.2  Miss Trésor is never liable for indirect damage, including but not limited to consequential damage (to persons or property), business interruption, lost profit or income, missed savings and / or damage due to business interruption.
 

12. Limitation / Expiration Periods

12.1 If the Agreement is concluded with a Customer, the limitation period for all claims and defenses of the Customer against Miss Trésor, contrary to the statutory limitation periods, is 3 months from the moment such claims and defenses arise. If the agreement has been concluded with a Consumer-Customer, the aforementioned limitation period is 13 months.
 

13. Data management

13.1 If a Consumer-Customer and / or Customer places an order with Miss Trésor , his / her (personal) data will be included in the Miss Trésor customer database. Miss Trésor does not provide any personal data to third parties. See our Privacy Policy.

13.2 Miss Trésor respects the privacy of the users of the internet site and ensures confidentiality of personal data.

13.3 Miss Trésor makes use of a mailing list in some cases. 
 

14. Applicable law and disputes

14.1 All Agreements to which these general terms and conditions apply in whole or in part are subject to Belgian law. The applicability of the 1980 United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention / CISG) is expressly excluded.

14.2 All disputes related to or arising from this Agreement will be submitted to the competent court in Gent, unless Miss Trésor prefers to submit the difference to the competent court in the place of residence of the Consumer-Customer and / or Customer.

PART II

The provisions of the present PART II of these general terms and conditions only apply to Agreements with Consumer-Customers and apply in addition to the provisions of PART I of these general terms and conditions. In the event of any incompatibility of a provision from PART II in question with a provision from PART I, the relevant provision from PART II will prevail.
 

15. Right of withdrawal

15.1 In the event that a Consumer-Customer has purchased an item via the internet, telephone or mail order, or has purchased a service from Miss Trésor, the following applies.

When delivering products

15.2 When purchasing products, the Consumer-Customer has the option to dissolve the Agreement without giving reasons for a period of 14 days. This reflection period commences on the day after receipt of the item by the Consumer-Customer or a representative appointed in advance by the Consumer-Customer and made known to Miss Trésor.

15.3 During the reflection period, the Consumer-Customer will handle the item and the packaging with care. It will only unpack or use the item to the extent necessary to assess whether it wishes to keep the item. If it exercises its right of withdrawal, it will return the good with all accessories and - if reasonably possible - in the original condition and packaging to Miss Trésor, in accordance with the reasonable instructions provided by Miss Trésor.

15.4 If the Consumer-Customer wishes to make use of its right of withdrawal, it is obliged to notify Miss Trésor of this within 14 days of receipt of the item. The Consumer-Customer must make this known by means of the model form (Appendix 1). After the Consumer-Customer has made it known that he wishes to make use of his right of withdrawal, he must return the item within 14 days. The Consumer-Customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

15.5 If, after the 14-day withdrawal period, the Consumer-Customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the item to Miss Trésor, the purchase is irreversible.

15.6 The Consumer-Customer is liable for the depreciation of the item if the handling thereof goes beyond what is necessary to determine its nature, characteristics and operation.

When providing services

15.7 When providing services, the Consumer-Customer has the option to dissolve the Agreement without stating reasons for 14 days, starting on the day of entering into the Agreement. This is no longer free of charge in the last 96 hours before delivery.

15.8 In order to exercise its right of withdrawal, the Consumer-Customer will comply with the reasonable instructions provided by Miss Trésor with the offer and / or at the latest upon delivery.

Costs in case of withdrawal

15.9 If the Consumer-Customer makes use of its right of withdrawal, the costs of return will not exceed the costs of return, both for purchase and for services.

15.10 If the Consumer-Customer has paid an amount, Miss Trésor will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition is that the item has already been received by Miss Trésor.

15.11 Miss Trésor excludes the Consumer-Customer's right of withdrawal for goods and services as described in paragraphs 1 and 2.

15.10.1: Products:

a) that have been created by Miss Trésor in accordance with specifications of the Consumer-Customer;

b) that are clearly personal in nature;

c) that cannot be returned due to their nature;

d) that can age quickly;

e) whose price fluctuates without  Miss Trésor having any influence on it;

f) for audio and video recordings and computer software of which the Consumer-Customer has broken the seal.

g) for hygienic products of which the Consumer-Customer has broken the seal.

15.10.2: Services:

a) such as rental of holiday accommodation, goods transport, car rental, leisure services, to be performed on a specific date or during a specific period;

b) the delivery of which commenced with the explicit consent of the Consumer-Customer before the reflection period of 14 days has expired;

c) concerning betting and lotteries.