Terms of service

ARTICLE 1 – PURPOSE – SCOPE
These general terms and conditions of sale set out the terms of use of the website www.marlie-kids.com (hereinafter referred to as “the Site”) as well as the general terms and conditions of sale of products sold by Marlie (hereinafter the “Products”) to the Client via the Site (hereinafter the “Terms”).
By using the Site or placing an order on it, the Client agrees to be bound by these Terms.
These general terms and conditions apply to all contractual relationships between Marlie and its clients, hereinafter referred to as “Clients” or “the Client.”

ARTICLE 2 – TRADE NAME – CONTACT DETAILS
The sale of Products is conducted under the trade name “Marlie” by [COMPANY NAME], whose registered office is located at Rue de la Légende 45D, 4140 Sprimont, Belgium, registered with the Belgian Crossroads Bank for Enterprises under number 1026440142.

The Client may contact Marlie Kids either at the aforementioned address or by email at hello@marlie-kids.com.
Marlie Kids does not operate a telephone support service.

ARTICLE 3 – SITE ACCESS – REGISTRATION
Access to the homepage of the Site and its content is free and does not require prior account creation.
Orders can be placed either by creating an account on the Site or as a guest without an account.

Creating an account as a Client implies prior reading and unconditional acceptance of these Terms.
Before confirming account creation, the Client will be invited to acknowledge that they have read and accept these Terms, unless proven otherwise.

Marlie Kids may, at any time, modify or adapt these Terms in order to:
a) comply with applicable legislation or regulations;
b) conform to judicial or arbitral decisions or other competent authorities’ rulings;
c) correct any material errors.

The Terms applicable will be those in effect at the time of Site use or contract conclusion.
Marlie Kids will notify Clients of any modifications at least fifteen days before they come into effect, through the Site, and if substantial, also via email to the address provided during registration.

Clients who do not accept the modifications may request account deletion by emailing hello@marlie-kids.com

ARTICLE 4 – CLIENT OBLIGATIONS
Each Client or Site user undertakes:

  • to be of legal age or a minor with parental authorization;

  • to provide accurate information when creating an account;

  • to maintain only one account;

  • not to use the Site or their account fraudulently;

  • to comply with applicable laws and regulations.

Clients must provide data that are: accurate, not misleading or erroneous; lawful and not contrary to public order or good morals; free of viruses or software that could disrupt the Site or damage Marlie Kids’ or third-party systems; and not linking to other sites offering similar services.

Clients are responsible for the confidentiality of their login credentials and must keep account information up to date.

ARTICLE 5 – SITE ACCESS RESTRICTIONS
Marlie Kids reserves the right to block access to all or part of the Site to any user who:

  • violates these Terms;

  • harms the Site’s or Marlie Kids’ reputation;

  • infringes intellectual property rights;

  • uses the Site for unlawful, offensive, racist, indecent, threatening, or fraudulent purposes.

Marlie Kids may take legal action against such users and claim compensation for damages.

ARTICLE 6 – PRODUCT AVAILABILITY
All Product orders are subject to availability.
If Products are out of stock after order placement, Marlie Kids will inform the Client and refund any payment via the original payment method.

ARTICLE 7 – PRICES – PAYMENT
Prices are in euros, including VAT, but excluding any customs fees, which are the Client’s responsibility.

Prices displayed on the Site apply, except in the case of obvious errors.
If a pricing error is detected, Marlie Kids will inform the Client and offer to either confirm the order at the correct price or cancel it.
If the Client does not respond within eight calendar days, the order will be cancelled and refunded.

Prices exclude delivery charges (see Article 9).
Payment methods available: PayPlug (Visa, MasterCard, Maestro, Bancontact), PayPal, Shopify Payments (Apple Pay, Google Pay).

ARTICLE 8 – ORDER PLACEMENT
To order Products, the Client must select Products, add them to the cart, and proceed as a registered user or guest.
The total including delivery will be presented for confirmation.
By placing the order, the Client accepts the Terms.
After payment, a confirmation email with a copy of the Terms will be sent.

ARTICLE 9 – DELIVERY
Upon order confirmation and full payment, Marlie Kids will prepare the order.

  • For deliveries in Belgium: within two business days.

  • For deliveries outside Belgium: timelines vary by shipping method.

Delivery options include home delivery and collection points/lockers, with fees displayed on the Site.
Delivery is considered complete when the Client or a designated third party takes possession, as confirmed by the delivery receipt signature.

Clients must ensure contact information (phone and email) is correct; Marlie Kids is not responsible if it is incorrect.

ARTICLE 10 – RETENTION OF TITLE
Products remain the property of Marlie Kids until full payment including delivery charges.

ARTICLE 11 – RISK TRANSFER
Risks transfer to the Client upon physical delivery to the Client or their designated third party.

ARTICLE 12 – RIGHT OF WITHDRAWAL
The Client may withdraw from the contract within 14 days without reason.
The period expires 14 days after the Client or a designated third party takes physical possession of the Product.

Withdrawal must be communicated unambiguously (letter, fax, email) or via the withdrawal form.

Effects: Marlie Kids will refund all payments (excluding additional delivery fees for non-standard options) promptly.
The Client can choose between a refund or gift card. Refunds will use the original payment method, or first on the gift card if used.
Return shipping costs are borne by the Client.

Products must be returned within 14 days to the address in Article 2 or via collection points.
The return must be in original packaging with all documents, including the order summary and return form.
Returns do not allow exchanges; a new order must be placed.

Exception: No withdrawal right for goods made to Client specifications or personalised.

ARTICLE 13 – CONSUMER GOODS WARRANTY
In accordance with Articles 1649 bis to 1649 octies of the Civil Code, Marlie Kids is liable for any non-conformity present at delivery and appearing within two years.
Non-compliance must be reported in writing within two months of discovery.

ARTICLE 14 – LIABILITY
Site Management: Marlie Kids strives to ensure continuous Site access but may suspend it without notice.
Except in cases of fraud, gross negligence, or force majeure, Marlie Kids is not liable for any damage caused by interruptions or errors.

Limitation: Liability is limited to the price of the Product, except in cases of death, personal injury, or intentional misconduct.

ARTICLE 15 – FORCE MAJEURE
Marlie Kids is not liable for non-performance caused by force majeure, including natural disasters, strikes, transport issues, government orders, pandemics, war, or other external events.
Contractual obligations are suspended during force majeure.
If obligations become permanently impossible, Marlie Kids is released, notifying the Client.
If circumstances make performance excessively difficult or costly, both parties must negotiate in good faith within 30 days. Failing agreement, either may terminate the contract without compensation.

ARTICLE 16 – INTELLECTUAL PROPERTY
All Site content (graphics, logos, buttons, images, HTML code, databases, icons) is Marlie Kids’ intellectual property.
Copying, translating, adapting, or using any content without prior written consent is strictly prohibited.

Clients must respect these rights.

ARTICLE 17 – COMMUNICATION
All communications to the Client are considered valid if sent to the email or postal address provided at contract conclusion.

ARTICLE 18 – PERSONAL DATA PROTECTION
The full Privacy Policy, including data processed, purposes, and legal basis, is available here: LINK

ARTICLE 19 – WAIVER
No waiver of rights by Marlie Kids may be inferred from express written statements.

ARTICLE 20 – SEVERABILITY
If any clause is invalid, only that clause is affected; the rest remain in effect.

ARTICLE 21 – GOVERNING LAW
The Site and any contracts concluded via it are governed by Belgian law.

ARTICLE 22 – ONLINE DISPUTE RESOLUTION
Pursuant to Article 14 of EU Regulation 524/2013, Marlie Kids provides this link to the Online Dispute Resolution platform: http://ec.europa.eu/odr

ARTICLE 23 – JURISDICTION
Any dispute relating to the use of the Site or contracts concluded via it falls under the courts of Liège (Belgium), Liège Division, without prejudice to Article 624, 1°, 2° and 4° of the Judicial Code.