GENERAL TERMS OF USE AND SALE

Updated on 12 July 2026

The websites www.cestdujoly.be, www.cestdujoly.fr, www.cestdujoly.nl, www.cestdujoly.es, www.cestdujoly.it, www.cestdujoly.de and www.cestdujoly.com, together with the pages and shops accessible through these domain names (hereinafter collectively referred to as the ‘Platform’), are operated by:

(hereinafter ‘NEKO TAKU SRL’ or the ‘Seller’)

These terms may be translated into other languages. In the event of any discrepancy, inconsistency, translation error or difference of interpretation between the French version and any other language version, the French version shall prevail, to the extent permitted by the mandatory provisions applicable to the User or consumer Customer.

I. GENERAL TERMS OF USE

1. Scope

These general terms of use (hereinafter the ‘GTU’) apply to every visit to or use of the Platform and the information it contains by an internet user (hereinafter the ‘User’).

By visiting or using the Platform, the User acknowledges having read these GTU and expressly accepts the rights and obligations set out therein.

The provisions of the GTU may exceptionally be departed from by written agreement. Such departures may consist of amending, adding or deleting the clauses to which they relate and shall have no effect on the application of the other provisions of the GTU.

We reserve the right to amend our GTU at any time. Material changes affecting the Personal Area or associated services are announced through the Platform within a reasonable period before they take effect. In all circumstances, we undertake to apply the provisions that were in force at the time you used our Platform.

2. Platform

a. Access and browsing

We take all reasonable and necessary measures to ensure the proper operation, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of uninterrupted operation and our obligations must therefore be regarded as obligations of reasonable endeavours.

Any use of the Platform is at the User’s own risk. Accordingly, we are not liable for damage resulting from possible malfunctions, interruptions, defects or harmful elements present on the Platform, subject to Article 6 of these GTU.

We reserve the right to restrict access to the Platform or interrupt its operation at any time, without any obligation to give prior notice.

b. Content

NEKO TAKU SRL determines most of the content of the Platform and takes great care over the information presented on it. We take every possible measure to keep our Platform as complete, accurate and up to date as possible, including where information is supplied by third parties. We reserve the right to amend, supplement or remove the Platform and its content at any time without incurring liability as a result.

NEKO TAKU SRL cannot provide an absolute guarantee regarding the quality of the information available on the Platform. Such information may therefore not always be complete, accurate, sufficiently precise or up to date. Consequently, NEKO TAKU SRL shall not be liable for any direct or indirect damage suffered by the User as a result of information available on the Platform, subject to Article 6 of these GTU.

If any content on the Platform breaches the law or the rights of third parties, or is contrary to accepted standards of morality, please notify us by email as soon as possible so that we may take appropriate action.

Any download from the Platform is carried out at the User’s own risk. NEKO TAKU SRL shall not be liable for any direct or indirect damage arising from such downloads, including loss of data or damage to the User’s computer system, which remain entirely and exclusively the User’s responsibility, subject to Article 6 of these GTU.

c. Services reserved for registered Users

1) Registration

Access to certain services is conditional upon the User’s registration.

Registration for and access to the Platform’s services are reserved exclusively for natural persons with legal capacity who have completed and validated the online registration form available on the Platform and accepted these GTU.

When registering, the User undertakes to provide accurate, truthful and up-to-date personal and civil-status information. The User must also regularly review the data relating to them in order to keep it accurate.

The User must provide a valid email address, to which the Platform will send confirmation of registration for its services. The same email address may not be used more than once to register for the services.

Any communication sent by the Platform and its partners is therefore deemed to have been received and read by the User. The User accordingly undertakes to check messages received at that email address regularly and, where appropriate, to respond within a reasonable period.

Only one registration is permitted per natural person.

The User is assigned an identifier enabling access, together with a password, to an area reserved for that User (hereinafter the ‘Personal Area’).

The identifier is permanent, whereas the password may be changed online by the User in the Personal Area. The password is personal and confidential, and the User undertakes not to disclose it to third parties.

NEKO TAKU SRL reserves the right in all circumstances to refuse a request to register for the Platform’s services where the User has failed to comply with the GTU.

2) Deregistration

A duly registered User may request deregistration at any time by visiting the dedicated page in the Personal Area. Deregistration from the Platform will take effect as soon as possible after the User has completed the relevant form.

d. Content published by the User

The User undertakes to comply with the applicable laws in every publication made on the Platform. Particular regard must be paid to the interests of third parties, offensive content and content liable to be contrary to public policy or accepted standards of morality. The User remains responsible for all content published on the Platform.

The Platform may moderate any publication and refuse to publish content without having to provide reasons. Likewise, content published by a User may be amended or removed without reason or delay.

By publishing on the Platform, the User grants NEKO TAKU SRL, free of charge and on a non-exclusive basis, the right to display, reproduce, adapt, modify, distribute and disseminate the published content, directly or indirectly, on any medium and worldwide, for the operation, promotion and improvement of the Platform and the Seller’s services. This authorisation is granted for the period during which the relevant content remains online, extended by twelve (12) months, and ends if the content is removed at the User’s request, without affecting uses already made.

3. Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically mean that a relationship exists between NEKO TAKU SRL and the external website, or that there is any implied agreement with the content of those external websites.

NEKO TAKU SRL has no control over external websites. We are therefore not responsible for the secure and proper functioning of hyperlinks or their final destination. Once the User clicks a hyperlink, the User leaves the Platform. We cannot therefore be held liable for any subsequent damage.

4. Intellectual property

The structure of the Platform, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications and other elements of which it is composed or which are accessible through it, are the property of the publisher and are protected by the applicable intellectual-property laws.

Any representation, reproduction, adaptation or partial or total exploitation of the content, registered trade marks and services offered by the Platform, by any means whatsoever and without the publisher’s prior express written authorisation, is strictly prohibited, except for elements expressly identified on the Platform as being royalty-free.

The User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive and non-transferable basis and may be exercised only for personal, non-commercial use. Unless prior written agreement has been obtained, Users are not authorised to modify, reproduce, translate, distribute, sell or communicate to the public all or part of the protected elements.

The User is prohibited from entering data on the Platform that would alter, or would be liable to alter, its content or appearance.

NEKO TAKU SRL expressly reserves, within the meaning of Article 4(3) of Directive (EU) 2019/790, as transposed into Belgian law, in particular Article XI.190, 20°, of the Code of Economic Law, all rights relating to text and data mining. Any extraction, reproduction or use of Platform content for text and data mining purposes, including the development, training, feeding or improvement of artificial-intelligence systems or language models, is prohibited without NEKO TAKU SRL’s prior express written authorisation. This reservation of rights is also expressed by machine-readable means on the Platform.

5. Personal data and cookies

The processing of personal data in connection with the use of the Platform, the creation of an account, orders, the loyalty programme and marketing communications is described in the Privacy Policy available on the Platform.

The use of cookies and similar technologies is described in the Cookie Policy. These documents specify, in particular, the purposes of processing, legal bases, recipients, retention periods and the rights of the persons concerned.

6. General provisions

NEKO TAKU SRL reserves the right to amend, extend, remove, restrict or discontinue the Platform and associated services at any time, without prior notice and without incurring liability.

If the User breaches the GTU, NEKO TAKU SRL reserves the right to take sanctions and remedial measures proportionate to the breach identified. In particular, NEKO TAKU SRL reserves the right to refuse the User temporary or permanent access to the Platform or our services. Except in an emergency or in the event of manifest abuse, the User will be informed in advance. Such measures shall not give rise to liability on the part of NEKO TAKU SRL or to any form of compensation.

Nothing in these GTU is intended or shall operate to exclude or limit NEKO TAKU SRL’s liability in the event of fraud or gross negligence on its part or on the part of its employees or agents, in the event of death or personal injury caused by its fault, or in any other case in which such exclusion or limitation is prohibited by law.

The total or partial illegality or nullity of any provision of these GTU shall not affect the validity and application of the other provisions. In such a case, we are entitled to replace the provision with another valid provision of similar effect.

7. Applicable law and jurisdiction

These GTU are governed by Belgian law, without prejudice, in the case of a consumer User habitually resident in another Member State of the European Union, to the protection afforded by the mandatory provisions of that User’s national law pursuant to Article 6 of Regulation (EC) No 593/2008 (Rome I).

In the event of a dispute and failing an amicable settlement, the dispute shall be brought before the courts of the judicial district of Brussels, without prejudice to the consumer’s right to bring proceedings before the court of the consumer’s domicile pursuant to Article VI.83, 23°, of the Code of Economic Law and Article 624 of the Judicial Code, or to the mandatory rules of jurisdiction in Articles 17 to 19 of Regulation (EU) No 1215/2012 applicable to consumers domiciled in another Member State.

II. PROVISIONS COMMON TO ONLINE AND IN-STORE SALES

1. Scope

These general terms and conditions of sale (hereinafter the ‘GTCS’) govern purchases of products and services made by a customer (hereinafter the ‘Customer’) from NEKO TAKU SRL (hereinafter the ‘Seller’) through any of the domain names comprising the Platform or in the Seller’s physical shops.

This Part II contains the provisions common to all sales. Part III contains the provisions specific to distance sales concluded through the Platform. Part IV contains the provisions specific to sales concluded directly in the Seller’s physical shops.

The terms applicable to a sale are those in force when the sale is concluded. Any departure must be agreed in writing and shall not affect the other provisions of the GTCS.

The rights reserved to consumers by these GTCS or by law, including the right of withdrawal, the legal guarantee of conformity and recourse to consumer mediation, are available exclusively to Customers acting for purposes outside their trade, business, craft or professional activity, within the meaning of Article I.1, 2°, of the Code of Economic Law.

Nothing in these GTCS is intended or shall operate to exclude or limit the Seller’s liability in the event of fraud or gross negligence on its part or on the part of its employees or agents, in the event of death or personal injury caused by its fault, or to prejudice the mandatory rights of a consumer Customer.

2. Prices

The Seller reserves the right to change its prices at any time. The applicable price is the price clearly indicated in the relevant sales channel when the Customer makes the purchase, subject to a manifest error.

Prices and promotions offered on the Platform may differ from those offered in physical shops. The Seller may set different prices or promotional operations depending on the sales channel, provided the Customer is clearly informed and the rules applicable to price-reduction announcements are observed.

Prices for consumers are stated in euros, inclusive of all taxes. For an online order, any delivery charges are stated and charged in addition before final confirmation of the order.

The total amount payable, inclusive of all taxes and, where applicable, delivery charges, is communicated to the Customer before the sale is concluded.

3. Manifest pricing errors

Notwithstanding the foregoing, in the event of a manifest pricing error resulting from a data-entry error, a technical malfunction or a configuration error that is manifestly disproportionate to the product’s market price, the Seller reserves the right to cancel the order even after confirmation and to refund the Customer in full. The Customer shall not be entitled to any compensation as a result.

An error is considered manifest where the displayed price is so far removed from the product’s actual price that a reasonable Customer could not have been unaware that it was an error.

4. Fabric characteristics and shrinkage after washing

The Customer acknowledges that fabrics, particularly those made from natural or man-made fibres such as cotton, linen, wool, viscose, rayon, Tencel or lyocell, may shrink during the first wash or subsequent washes.

Shrinkage depends in particular on the fabric’s composition, weave, pre-treatment, washing temperature, spin cycle, drying method and any use of a tumble dryer. As an indication, shrinkage of 3% to 7% is common for many fabrics and may reach or exceed 10% for certain materials, including double gauze, viscose, knits, sweatshirting, linen or fabrics that have not been pre-washed.

The Customer is responsible for checking the fabric’s characteristics before use and, where necessary, pre-washing it under the same conditions as those intended for the future care of the finished item. The Seller recommends pre-washing fabrics before cutting or sewing in order to limit the risk of dimensional changes once the project has been completed.

Normal shrinkage after washing, where it results from the inherent characteristics of the material or the care conditions applied by the Customer, does not in itself constitute a lack of conformity. The Seller shall not be liable for shrinkage, deformation or deterioration resulting from washing, drying, ironing or care that is unsuitable for the nature of the product.

5. Digital content and PDF patterns

a. Scope

This Article applies to PDF patterns and other digital files sold by the Seller, whether the purchase is concluded on the Platform or directly in a physical shop.

b. Supply and access

Files are supplied electronically, including by email, download link or through the Customer’s Personal Area. Supply is deemed to have taken place when the file or the means of accessing it is made available to the Customer at the email address or in the account provided at the time of purchase.

The Customer must check that the email address provided is correct and, where applicable, check junk mail and the Personal Area. If the file is not received or access is difficult, the Customer must contact the Seller so that the matter can be checked.

c. Online purchase and immediate download

After an online purchase, the Customer receives an email containing the download link or button. Before the download is activated, that email clearly states that, if the Customer chooses to click ‘Download’ before the withdrawal period has expired, the Customer expressly requests immediate supply of the digital content and expressly acknowledges the loss of the right of withdrawal as soon as the download or access to the file begins.

Clicking the ‘Download’ link or button after this information has been presented constitutes the Customer’s express request and acknowledgement of the loss of the right of withdrawal. The email containing the download link constitutes confirmation, on a durable medium, of this information and of the Customer’s express consent, in accordance with Articles VI.46, § 7, and VI.53, 13°, of the Code of Economic Law. The Seller retains a time-stamped record of the file being made available and of activation of the download link.

If the Customer does not wish to waive the right of withdrawal before the applicable period has expired, the Customer must not activate the download link or button before the end of that period.

d. Purchase concluded in a shop

Where a PDF pattern or other digital content is purchased and paid for directly in a physical shop, the sale is concluded in the shop even if the file is subsequently sent by email or made accessible in the Customer’s Personal Area. Such a purchase does not benefit from the statutory right of withdrawal applicable to distance sales. No refund, exchange or store credit is granted in the event of a change of mind or an error in selection, without prejudice to the legal guarantee of conformity.

e. Formats, compatibility and printing

The available file formats, languages, sizes and printing formats are those stated in the product description or communicated to the Customer before the sale. Use of a PDF file requires a compatible device and software. Where the pattern must be printed, the Customer must follow the instructions provided, including printing at the stated scale and checking the test square where one is provided.

The Seller is not liable for an incorrect result caused by unsuitable print settings, alteration of the file by the Customer or use of incompatible equipment or software, provided the necessary compatibility and use information was communicated before purchase.

f. Missing, incorrect or defective file

If the file is not supplied, is corrupted or incomplete, or does not correspond to the advertised language, size, format or characteristics, the Customer must notify the Seller in accordance with Article 9 of this Part. Depending on the circumstances, the Seller will supply the file again or bring the digital content into conformity.

g. Licence of use

Unless a specific licence is expressly stated, the purchase grants the Customer a personal, non-exclusive and non-transferable right to use the file. The file may not be shared, transmitted, resold, published, made available to third parties or reproduced for distribution, whether free of charge or for payment. Any rights granted for commercial use of items made from the pattern are determined by the licence specific to the product concerned.

6. Specific terms for classes and workshops

This Article applies to every registration for a class or workshop, whether made online or directly in a physical shop.

The Customer undertakes to register for a class or workshop corresponding to the Customer’s skill level. Prerequisites are stated in the class description. The Customer understands and accepts that missing prerequisite skills cannot be taught during the class. In case of doubt, the Customer must contact the Seller before registering.

For practical reasons, all group classes are conducted using the Seller’s machines. Workshops and classes begin and end at the stated times so that the whole group can start on time. If the Customer needs to purchase materials for the session, this must be done before the class begins.

a. No right of withdrawal

In accordance with Article VI.53, 12°, of the Code of Economic Law, transposing Article 16(l) of Directive 2011/83/EU on consumer rights, classes and workshops are services related to leisure activities that provide for a specific date of performance.

Accordingly, the right of withdrawal provided for in Article VI.47 of the Code of Economic Law does not apply to registration for a class or workshop. Registration is firm and final as soon as it is confirmed, regardless of the date on which the class or workshop is due to take place.

b. No refund or rescheduling

Registration for a class or workshop is firm and final as soon as it is confirmed. No refund, rescheduling or store credit will be granted if the Customer is absent or cancels, whatever the reason, including medical incapacity. The reserved place can no longer be offered to another participant under the same conditions, and the instructor’s remuneration remains payable irrespective of the Customer’s attendance.

c. Replacement by another participant

The Customer may always be replaced by a person of the Customer’s choice who meets the class prerequisites. The Customer must notify the Seller in advance by email of the replacement participant’s details. The Customers concerned must settle the financial arrangements between themselves.

d. Exceptional commercial gesture

The Seller may, at its sole discretion and without being under any obligation to do so, grant a commercial gesture, such as a voucher, rescheduling or another arrangement, in duly justified exceptional circumstances. This assessment is made on a case-by-case basis and does not create a precedent or an acquired right in other similar situations. A favourable decision by the Seller in a particular case may not be relied upon by other Customers or by the Customer concerned in another situation.

e. Cancellation by the Seller

The Seller reserves the right to cancel or reschedule a class or workshop in the event of force majeure, an insufficient number of registrations or the instructor’s unavailability. In that event, the Customer will be informed as soon as possible and may choose either a transfer to a later date or a full refund of the sums paid for the cancelled class.

7. Gift cards

The Seller may offer gift cards for sale that can be used on the Platform and, where applicable, in its physical shops.

Unless otherwise stated on the gift card or in the associated specific terms, gift cards are valid for one (1) year from their date of issue. Once that period has expired, the gift card loses all value and may no longer be used or refunded.

Where a gift card is purchased at a distance through the Platform, the consumer Customer has a right of withdrawal under the conditions set out in Part III, provided the gift card has not been used in whole or in part.

Gift cards cannot be exchanged for cash or refunded, even in part. If the value of the order is lower than the value of the gift card, the remaining balance may be retained for subsequent use during the gift card’s original validity period, which will not be extended.

If a gift card is lost or stolen, the Seller cannot replace it.

8. Loyalty programme

a. Membership and account

The Seller may offer a loyalty programme that can be used on the Platform and in participating physical shops. Membership is free, optional, personal and reserved for natural persons acting for private purposes. It is linked to the Customer account or the email address provided by the Customer.

Only one loyalty account is permitted per person. Points, rewards and benefits are personal, may not be assigned or transferred, have no cash value and cannot be exchanged for cash.

b. Earning points

Eligible purchases earn points in accordance with the scale displayed in the loyalty area, on the Platform or in the shop. Unless otherwise stated, points are calculated on the amount actually paid for eligible products after discounts and excluding delivery charges.

The purchase of a gift card does not earn loyalty points. The Seller may exclude other products, services or promotional operations from the calculation of points, provided that the exclusion is stated before purchase or in the terms of the relevant benefit.

For an in-store purchase to be credited to the correct account, the Customer must identify themselves before the sale is completed. The Seller does not guarantee the retrospective addition of points where the Customer did not identify themselves at the time of purchase, but may agree to do so upon presentation of proof of purchase.

c. Rewards and discounts

Points may be exchanged for rewards offered in the loyalty area, including vouchers or discount codes. The number of points required, the value of the reward, eligible products, its validity period and any specific conditions are communicated to the Customer before activation.

Rewards and discounts obtained through the loyalty programme may not be used to purchase a gift card. Unless otherwise stated, a reward may be used only once, does not apply retrospectively and cannot be combined with another discount code, another reward or an incompatible promotion.

d. Cancellations, withdrawals and refunds

If a purchase is cancelled, withdrawn from or refunded in whole or in part, the points awarded for the relevant products may be cancelled or deducted from the account. If the balance is insufficient, the account may show a negative balance until further points are earned.

A refund for a purchase on which a reward was used is calculated on the amount actually paid by the Customer. Points or rewards used are not refunded in cash. The Seller may nevertheless re-credit points or reactivate a reward where its system permits and the circumstances justify doing so.

e. Validity and amendment of the programme

Where a validity period applies to points or rewards, it is stated in the loyalty area or when they are issued. Expired points or rewards do not give rise to compensation or conversion into cash.

The Seller may amend the points scale, rewards, exclusions or operation of the programme for future transactions. Any material change is communicated within a reasonable period before it takes effect. If the programme is discontinued, members are informed and, unless legally or technically impossible, are given a reasonable period specified by the Seller in which to use validly acquired benefits.

f. Errors and misuse

The Seller may correct a balance resulting from a technical error, an incorrect award, a cancelled or refunded order, or use contrary to these terms. In the event of fraud, attempted fraud, the creation of multiple accounts or misuse of the programme, the Seller may suspend or close the loyalty account and cancel benefits obtained improperly.

The processing of data relating to the loyalty programme is described in the Privacy Policy available on the Platform.

9. Legal guarantee of conformity

The Seller is liable for the conformity of goods in accordance with Articles 1649bis et seq. of the Civil Code and for the conformity of digital content and digital services in accordance with Articles 1701/1 et seq. of the Civil Code.

For new goods, the legal guarantee generally applies for two years from delivery. For second-hand goods, this period may be reduced to one year where that limitation is clearly agreed at the time of sale; otherwise, the two-year period continues to apply.

For digital content supplied in a single operation, including a PDF pattern, the legal guarantee generally applies for two years from supply. The digital content must in particular correspond to its description and possess the advertised quality, quantity, language, format, functionality and compatibility.

The Customer must notify the Seller of any lack of conformity as soon as possible and, in all circumstances, no later than two months after discovering it, by email to eugenie@cestdujoly.be, accompanied by proof of purchase and any information useful for analysing the problem.

In the event of a lack of conformity of goods, the Customer may request repair or replacement under the conditions laid down by law. In the event of a defect affecting digital content, the Customer may request that it be brought into conformity. Where bringing it into conformity is impossible or disproportionate, or is not carried out within a reasonable period and without significant inconvenience, the Customer may request a price reduction or termination of the contract under the statutory conditions.

10. Evidence

Communications, orders and payments between the Customer and the Seller may be proved by computerised records kept in the Seller’s computer systems under reasonably secure conditions. Order forms and invoices are archived on a reliable and durable medium and may in particular be used as evidence.

11. Force majeure

Force majeure arises where the Seller is prevented, in whole or in part, from performing the order because of an unforeseen circumstance beyond its control.

In the event of force majeure, the Seller may suspend performance of the order, in whole or in part, for the duration of the force-majeure event. The Seller will notify the Customer immediately.

If the force-majeure event continues without interruption for more than 90 days, either party may terminate the contract unilaterally by email. Termination takes effect when the other party acknowledges receipt by email, and that party undertakes to send such acknowledgement without undue delay. Services already performed by the Seller remain payable by the Customer on a proportionate basis.

12. Severability

The total or partial illegality or nullity of any provision of these GTCS shall not affect the validity and application of the other provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar effect.

13. Out-of-court dispute resolution

In accordance with Article XVI.4 of the Code of Economic Law, the Seller informs the Customer that, in the event of a dispute, the Customer may use an out-of-court dispute-resolution procedure free of charge.

Before commencing any proceedings, the Customer is invited to contact the Seller by email at eugenie@cestdujoly.be in an attempt to resolve the dispute amicably.

If no amicable resolution is reached, the consumer Customer may submit the dispute to:

The Consumer Mediation Service has jurisdiction over any dispute between a consumer and a business established in Belgium and will, where appropriate, refer the Customer to the competent qualified entity.

14. Applicable law and jurisdiction

These GTCS are governed by Belgian law, without prejudice, in the case of a consumer Customer habitually resident in another Member State of the European Union, to the protection afforded by the mandatory provisions of that Customer’s national law pursuant to Article 6 of Regulation (EC) No 593/2008 (Rome I).

In the event of a dispute and failing an amicable settlement or out-of-court resolution, the dispute shall be brought before the courts of the judicial district of Brussels, without prejudice to the consumer Customer’s right to bring proceedings before the court of the Customer’s domicile pursuant to Article VI.83, 23°, of the Code of Economic Law and Article 624 of the Judicial Code, or to the mandatory rules of jurisdiction in Articles 17 to 19 of Regulation (EU) No 1215/2012 applicable to consumers domiciled in another Member State.

III. TERMS SPECIFIC TO ONLINE SALES

1. Online shop

Through the Platform, regardless of the domain name used to access it, the Seller provides the Customer with an online shop presenting the products and services offered for sale. Photographs and illustrations are prepared with the greatest care and are provided for illustrative purposes; minor variations, including in shade or colour rendering, may result from the display settings of the Customer’s device and do not in themselves constitute a lack of conformity.

Products and services are described and presented as accurately as possible. However, in the event of a manifest and non-material error or omission in the presentation, the Seller shall not be liable on that basis, without prejudice to the legal guarantee of conformity.

Products and services are offered subject to availability. Prices and taxes are specified in the online shop.

2. Online order

The Customer may complete an online order form electronically. By completing the electronic form, the Customer accepts the price and description of the products or services.

The final confirmation button, labelled ‘Buy’ or with an equivalent unambiguous wording, indicates that the order entails an obligation to pay. The Customer is informed that activating this button constitutes acceptance of these GTCS and confirmation of the order.

The Customer must provide a valid email address, billing details and, where applicable, a valid delivery address. Any communication with the Seller may be sent to that email address.

The Customer must also select the delivery method and confirm the payment method.

The Seller reserves the right to block or refuse an order in the event of non-payment, an incorrect address, an abnormal or manifestly fraudulent order, or any other issue affecting the Customer’s account, until the issue has been resolved.

3. Confirmation and payment of the online order

a. Payment

The Customer makes payment when finally confirming the order using the selected payment method. This confirmation constitutes the Customer’s signature.

The Customer warrants to the Seller that the Customer has the necessary authorisations to use the selected payment method and acknowledges that the information supplied for this purpose constitutes evidence of consent to the sale and of the amounts due under the order becoming payable.

The Seller has established a procedure for verifying orders and payment methods in order to provide reasonable protection against fraudulent use of a payment method, including by requesting identification data from the Customer.

If payment-card authorisation is refused by the accredited organisations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.

The Seller also reserves the right to refuse an order from a Customer who has not paid a previous order in full or in part, or with whom a payment dispute is ongoing.

b. Confirmation

Upon receipt of confirmation of the purchase together with payment, the Seller sends the Customer confirmation of the order.

If a service or product is unavailable, the Seller will inform the Customer by email as soon as possible in order to replace it or cancel that item from the order and, where appropriate, refund the corresponding price, while the remainder of the order remains firm and final.

c. Retention of title

The Seller remains the owner of the ordered products until payment has been made in full. Title to the products passes only after collection or delivery and full payment of the order.

4. Delivery

Delivery is made only after the Seller’s banking institution has confirmed payment.

Products are delivered to the address or collection point specified by the Customer when placing the order. Any additional costs resulting from incomplete or incorrect information supplied by the Customer may be charged to the Customer. For reasons of availability, an order may be delivered in several separate consignments.

The Seller dispatches the order, meaning that it hands it over to the carrier, within 4 working days. The Customer will normally receive the order within 5 working days after dispatch. These periods are indicative only.

In all circumstances, unless a different delivery date or period has been expressly agreed, delivery will take place no later than thirty (30) days after the contract is concluded, in accordance with Article VI.43 of the Code of Economic Law. If delivery is not made within that period or the agreed period, the Customer may require the Seller to deliver within an additional period appropriate to the circumstances and, if the Seller fails to do so within that additional period, terminate the contract and obtain a refund of the sums paid, under the conditions laid down by law.

a. Parcel not collected from a Parcel Shop or Locker

Where the Customer chooses delivery to a Parcel Shop or Locker, the Customer is responsible for collecting the parcel within the period communicated by the carrier. Failure to collect or refusal of the parcel does not in itself constitute exercise of the right of withdrawal and does not cancel the order. Withdrawal must be notified in accordance with Article 5 of this Part.

When the storage period expires, the parcel is returned to the Seller. Unless withdrawal has been validly notified, the parcel will be dispatched again only at the Customer’s request and after payment of the new delivery charges.

Where the Customer validly exercises the right of withdrawal, the direct return costs actually charged to the Seller because the parcel was not collected remain payable by the Customer, who is informed of this through these terms accepted before confirmation of the order. Those costs may be deducted from the refund to the extent permitted by law.

b. Checking the order

Upon receipt of the products, the Customer or recipient is invited to check the condition of the parcel and the apparent conformity of the delivered products.

If a product is missing or visibly damaged, the Customer or recipient is invited to make the appropriate reservations with the carrier at the time of delivery and to inform the Seller promptly.

Failure to make immediate reservations may make it more difficult to establish that damage occurred during transport, but does not deprive the Customer of mandatory rights, including those under the legal guarantee of conformity.

c. Delivery error

In the event of a delivery error or a difference between the products received and the order, the Customer is invited to notify the Seller within three working days after delivery so that the request can be dealt with promptly.

This operational period does not limit the Customer’s mandatory rights, including those arising from the legal guarantee of conformity.

5. Right of withdrawal

Where the consumer Customer concludes a distance contract through the Platform and no statutory exception applies, the Customer has 14 days in which to exercise the right of withdrawal without having to give reasons.

For goods, that period begins on the day after delivery of the goods, or of the final item in the case of a multiple order. For service contracts, it begins on the day after the contract is concluded.

The Customer notifies the Seller of the decision to withdraw by means of an unambiguous statement. The Customer may choose to use: the online withdrawal function, which is permanently available on the Platform throughout the withdrawal period via the ‘Returns & right of withdrawal’ link leading to the form available at https://www.cestdujoly.be/pages/withdrawal-form ; the model withdrawal form set out in Annex 2 to Book VI of the Code of Economic Law; or any other unambiguous statement, including by email to eugenie@cestdujoly.be.

Where the online withdrawal function is used, the Seller sends an acknowledgement of receipt on a durable medium without undue delay.

After notifying the decision to withdraw, the Customer has 14 days in which to return the goods to the following address: NEKO TAKU SRL, 357 Avenue de la Couronne, 1050 Ixelles, Belgium.

a. Return costs

The direct cost of returning the goods is borne entirely by the Customer, except where the law provides otherwise. The Customer arranges the return transport and enters directly into the transport contract with the service provider of the Customer’s choice. The Customer must use packaging appropriate to the nature, weight and value of the goods, choose a service that provides identifiable and verifiable proof of dispatch, and retain all relevant supporting documents until the return has been finally settled.

The Seller recommends using a tracked service and, where the value of the goods justifies it, insurance covering their value. Insurance is recommended so that the Customer can pursue a claim against the carrier in the event of loss or damage, but it is not a condition for exercising the right of withdrawal or obtaining a refund.

The Seller does not provide a return label, does not arrange return transport and is not a party to the contract concluded between the Customer and the carrier selected by the Customer. In the event of loss, damage, delay or a dispute relating to return transport, the Customer must take the appropriate steps and pursue the appropriate remedies against that carrier, without prejudice to the Seller’s statutory refund obligations where sufficiently convincing proof of dispatch of the goods has been provided.

b. Condition of returned products

The Customer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and proper functioning. Products must be returned complete and with any accessories.

c. Refund

The Seller refunds the sums due to the Customer without undue delay and no later than 14 days after the day on which it was informed of the decision to withdraw, including standard delivery charges where the withdrawal relates to the entire order.

For sales of goods, the Seller may defer the refund until the first of the following events: actual recovery of the goods or provision by the Customer of proof that the goods have been dispatched, in accordance with Article VI.50, § 3, of the Code of Economic Law. To enable the refund to be processed promptly, the Seller recommends that the proof identify the sender, recipient, carrier, date of acceptance and tracking number, and link the consignment to the order and the returned items; supporting evidence that does not contain these details may make verification take longer. As soon as the goods are recovered or proof of dispatch is received, whichever occurs first, the refund is made without undue delay.

Proof of dispatch does not release the Customer from the obligation to return all the goods covered by the withdrawal. If the parcel received is empty or incomplete, contains different items, or does not make it possible to locate all or part of the goods declared as returned, the Seller may request the information necessary for verification. If a refund has already been made on the basis of proof of dispatch, the Seller may claim repayment of the amounts corresponding to goods that were not returned, without prejudice to its other rights in the event of fraud.

The refund is made using the same payment method as that used for the order, unless expressly agreed otherwise. Additional costs resulting from the choice of an initial delivery method more expensive than the standard delivery offered are not refunded. Where the Customer selected and appointed the carrier for the return, the Customer is responsible for all steps and remedies relating to loss of, damage to or delay of the returned parcel, without prejudice to the Seller’s statutory refund obligations.

d. Exceptions to the right of withdrawal

The right of withdrawal does not apply in particular to:

• goods made to the Customer’s specifications or clearly personalised, including fabrics and haberdashery items cut to the length or dimensions requested, kits containing at least one element cut or personalised at the Customer’s request, and personalised products;
• services related to leisure activities scheduled for a specific date or period, including classes and workshops;
• digital content not supplied on a tangible medium where supply has begun under the conditions set out in Article 5(c) of Part II;

IV. TERMS SPECIFIC TO IN-STORE SALES

1. Conclusion of the sale and availability

In physical shops, products are offered subject to stock availability. The sale is concluded when the products are presented at the checkout, the price is accepted and payment is made or validly authorised.

Advice provided in the shop is based on the information supplied by the Customer and the known characteristics of the products. Before payment, the Customer is responsible for checking that the product, quantity, colour, dimensions and characteristics are suitable for the intended project, without prejudice to the legal guarantee of conformity.

2. In-store prices and payment

Prices displayed in the shop are stated in euros, inclusive of all taxes. Where required by law, the unit price is also displayed.

If there is a difference between the price clearly displayed on the shelf and the price recorded at the checkout, the lower price applies, unless there is a manifest error that the Customer could not reasonably have failed to notice.

The accepted payment methods are displayed in the shop. No surcharge is imposed for using an electronic payment method accepted by the Seller.

3. No returns, exchanges or right of withdrawal

Purchases concluded directly in the shop are firm and final. They do not benefit from the statutory right of withdrawal applicable to certain distance or off-premises sales.

The Seller does not accept any return, exchange, store credit or refund in the event of a change of mind, an incorrect choice, incompatibility with the Customer’s project or a quantity purchased in excess of the Customer’s needs. This rule also applies to PDF patterns and other digital content purchased in the shop once they have been made available to the Customer.

This policy does not limit the Customer’s mandatory rights where a product lacks conformity or is covered by the legal guarantee.

4. Complaints and legal guarantee

Any complaint concerning a product purchased in the shop is handled in accordance with Article 9 of Part II on the legal guarantee of conformity.

The Customer must be able to establish that the purchase was made from the Seller by means of the receipt, an invoice or any other admissible proof. Retaining the original packaging is not a condition for the application of the legal guarantee.