cgv

Article 1 – Seller Information

This website, yawna.be, is operated by:

Numéro de TVA : BE
E-mail : contact@yawna.be
Téléphone :

Article 2 – Scope of Application

These General Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions”) exclusively govern distance sales concluded between Yawna and any consumer (hereinafter referred to as the “Customer”) through the website yawna.be.

Any order placed on the website implies the full and unconditional acceptance of these Terms and Conditions. These Terms and Conditions shall prevail over any other document provided by the Customer.

In accordance with the Belgian Code of Economic Law (hereinafter referred to as the “CEL”), Book VI, these Terms and Conditions apply to all distance sales of products or services to consumers residing in Belgium or within the European Economic Area.

Article 3 – Products and Availability

The products offered for sale are those displayed on the website yawna.be at the time of the Customer’s consultation. Yawna reserves the right to modify the range of available products at any time.

Product photographs and descriptions are provided for information purposes only. In the event of any obvious error or omission, Yawna shall not be held liable.

In the event that a product becomes unavailable after the order has been placed, the Customer will be informed as soon as possible and may request either a replacement product of equivalent quality and price, or a full refund of the amount paid.

Article 4 – Price

The prices displayed on the website are stated in euros (€), including all applicable taxes (VAT included), and excluding delivery charges.

Yawna reserves the right to modify its prices at any time. The applicable prices are those in effect at the time of the final confirmation of the order.

Delivery charges are indicated separately during the ordering process, before the final confirmation of the order.

Article 5 – Orders

5.1 – Order Process

The Customer places an order online according to the following steps:

1. Selecting products and adding them to the cart
2. Checking the contents of the cart
3. Identification (account creation or guest checkout)
4. Selection of the delivery method and address
5. Selection of the payment method
6. Order validation and confirmation
7. Payment

5.2 – Order Confirmation

After payment has been validated, the Customer receives a confirmation email summarizing the details of their order. This email serves as an acknowledgement of receipt but does not constitute formal acceptance of the order. Yawna reserves the right to cancel any order involving an irregularity (fraud, obvious pricing error, out-of-stock item).

5.3 – Modification or Cancellation

Any request for modification or cancellation after confirmation must be submitted as soon as possible to [contact@yawna.be]. Cancellation is only possible if the order has not yet been shipped.

Article 6 – Payment

Payment is made online at the time of the order, using the following payment methods:

• [CB (Visa, Mastercard)]
• [Bancontact]
• [PayPal]

Payments are secure. Yawna does not store any of the Customer’s banking information.

In the event of non-payment or fraudulent payment, Yawna reserves the right to cancel the order and take any necessary legal action.

Article 7 – Delivery

7.1 – Delivery Area

Yawna delivers to Belgium and

7.2 – Delivery Times

The estimated delivery times are:

These delivery times are calculated from the shipping confirmation and are provided for information purposes only. Yawna cannot be held liable for delays attributable to the carrier or resulting from force majeure events.

7.3 – Delivery Charges

Les frais de livraison sont précisés lors de la commande. [Delivery is free for orders over XX €.]

Receiving the Order

Upon receipt, the Customer must check the condition of the package and the products. Any issue (damaged package, missing product) must be reported in writing to the carrier and to Yawna within 48 hours of receipt.

Article 8 – Right of Withdrawal

8.1 – Exercise of the Right of Withdrawal

To exercise this right, the Customer must notify their decision to withdraw by means of an unambiguous statement (a letter sent by post or an email) to:

Yawna
[Adresse complète]
E-mail : [contact@yawna.be]

8.2 – Return of Products

The Customer must return the products without undue delay and no later than 14 days after communicating their decision to withdraw. Return costs shall be borne by the Customer, unless Yawna agrees to cover them.

Products must be returned in their original condition, unworn, unwashed, and with their original tags attached.

8.3 – Refund

Yawna will issue the refund within 14 days of receiving the returned products or proof of shipment, using the same payment method as the one used for the original transaction.

8.4 – Exceptions to the Right of Withdrawal

In accordance with Article VI.53 of the CEL, the right of withdrawal does not apply, in particular, to:

• Products made to the consumer’s specifications or clearly personalized products.
• Products that are liable to deteriorate or expire rapidly.
• Products that have been unsealed after delivery and cannot be returned for hygiene reasons.
• [Autres exceptions le cas échéant]

Article 9 – Legal Guarantees

Regardless of any commercial warranty, Yawna is subject to the legal warranties provided for under Belgian law:

• Legal guarantee of conformity (Article 1649bis of the Belgian Civil Code): 2 years from the date of delivery for lack of conformity existing at the time of delivery.
• Guarantee against hidden defects (Article 1641 of the Belgian Civil Code): The Customer may request the cancellation of the sale or a price reduction in the event of a hidden defect that renders the product unfit for its intended use.

To enforce these warranties, the Customer must contact Yawna at contact@yawna.be and provide details of the defect identified.

Article 10 – Liability

Yawna shall not be held liable for any indirect damages, data losses, or loss of profits resulting from the use or inability to use the products ordered.

Yawna shall not be held liable for any failure to perform its obligations in the event of force majeure (natural disaster, strike, pandemic, etc.).

Yawna’s liability shall in any event be limited to the amount of the relevant order.

Article 11 – Intellectual Property

All elements of the yawna.be website (texts, images, logos, graphics, etc.) are protected by intellectual property rights and are the exclusive property of Yawna or its partners. Any reproduction, even partial, is strictly prohibited without prior written authorization.

Article 12 – Personal Data Protection

The data collected during the ordering process is processed in accordance with the Privacy Policy available on the yawna.be website, in compliance with Regulation (EU) 2016/679 (GDPR) and the Belgian Law of 30 July 2018.

Article 13 – Dispute Resolution

In the event of a dispute, the Customer is invited to first contact Yawna’s customer service at [contact@yawna.be] in order to seek an amicable resolution.

If no amicable settlement can be reached, the Customer may refer the matter to the European Commission’s Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

The Customer may also contact the Consumer Mediation Service: mediationconsommateur.be

In the absence of an amicable resolution, any dispute relating to these Terms and Conditions shall be submitted to the competent courts of the judicial district of Bruxelles, without prejudice to the consumer’s right to bring proceedings before the court of their own place of residence.

Article 14 – Applicable Law

These Terms and Conditions are governed by Belgian law. In the event of a translation into another language, the French version shall prevail.

Appendix 1 – Standard Withdrawal Form