Privacy Policy

1. General

AVRIL kids has always been keen to protect the personal data it processes. To this end, AVRIL kids undertakes to fully comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (also entitled “ the General Data Protection Regulation or GDPR ”) and the Belgian law of July 30, 2018 relating to the protection of individuals with regard to the processing of personal data.

We would like to provide you below with information regarding the data we collect, the purposes we pursue when processing your data, the retention period, the rights you have regarding respect for private life and the way in which you can exercise them.

2. Data controller

Ms Julie Dwelshauvers, domiciled rue de la Belle Jardinière 447 – 4031 Angleur - Belgium and registered with the ECB under number BE 0731.644.868 is responsible for processing your personal data. (hereinafter referred to as “AVRIL kids”).

email: hello@avrilkids.com

This means that Ms. Dwelshauvers defines the purposes and means of processing your personal data.

3. What types of data do we have about you?

You will therefore find here a list of the data that AVRIL kids may have: The personal data that you share with us We process the personal data that you communicate to us yourself spontaneously. This communication may be made by telephone (for example when you call us to ask us a question), in writing, electronically or send us an SMS or e-mail, when purchasing one of our products online. our Products.

This is the following data:

  • Name
  • First name
  • Language
  • Address
  • Phone number
  • E-mail address
  • Possibly your banking details if you make a payment by bank transfer
  • Any other personal data that you have voluntarily communicated to us.
  • Your IP address

4. Purposes and legal bases of processing?

Generally speaking, personal information is only used to enable us to respond to your request following the purchase of one of our products, to communicate with you, to provide, improve or develop our services or products. , to offer you targeted advertising and services/products, to protect ourselves and our customers or partners.

More specifically, we use your personal data to:

  • To carry out our obligations arising from entering into a contract with you or to be able to contact you about your order. The legal basis being the conclusion of an online contract with us and the acceptance of our general conditions of sale;
  • Allow us to improve your use of our site, the legal basis being your consent to the use of our cookies and our legitimate interest in being able to offer you an optimal website;
  • Communicate with you to answer your questions or requests subject to your explicit consent.
  • meet legal and regulatory obligations, the legal basis being the law or regulation which requires us to collect and process the requested processing;
  • send you invitations, promotions, offers, for similar products, customer events, as well as general information about our activities that may be of interest to you. This communication has the legal basis of your explicit consent. Likewise, subject to your prior express consent, we may share your personal information with third party partners, who may send you commercial communications relating to their products and services. However, you can, at any time, refuse these direct marketing communications by notifying us or via the unsubscribe link which will be found in our communication. The legal basis for this processing is your explicit consent;
  • carry out satisfaction studies or surveys in order to adapt and improve our services. The legal basis is your explicit consent;
  • help us establish, exercise or defend legal rights. This may include situations where we need to obtain legal advice in relation to a legal proceeding or we are required by law to retain or disclose certain information as part of the legal proceeding . The basis of our processing is our legitimate interest and compliance with legal and regulatory provisions.

The security of our services and website. In this case, we use your personal data to help us verify the activities of users of our services, our website, in order to ensure security and prevent any potentially illegal activity or in violation of our terms or policies. This processing is based on our legitimate interest in contributing to the security of our services and goods. In the event that the legal basis for the processing is our legitimate interest, AVRIL kids ensures that the impact of the processing on the protection of your privacy is as limited as possible and that, in all cases, the balance between the legitimate interests of AVRIL kids and its partners and the possible impact on the protection of your privacy are not disturbed. If you nevertheless have objections to this processing, you can exercise your right of opposition explained below. AVRIL kids will refrain from selling or renting your personal data to third parties, unless you have authorized it.

5. How long do we keep your data?

We keep your personal data only as long as necessary for the purposes described above. In principle, we will delete your personal data from our systems in the absence of contact with you or after your purchase for an uninterrupted period of 5 years. However, we may keep your personal data for a longer period if the law or regulation requires us to do so.

6. What are your privacy rights?

Your right of consultation

You have the right to be informed at any time by AVRIL kids whether or not your personal data is processed and, if AVRIL kids processes them, to consult this information and receive additional information about:

  • the purposes of the processing;
  • categories of personal data concerned;
  • recipients or categories of recipients (in particular recipients established in third countries);
  • if possible, the retention period or, if this is not possible, the criteria for determining this period;
  • the existence of your privacy rights;
  • the right to file a complaint with the supervisory authority;
  • the information we have about the source of the data if we obtain personal data through a third party; And
  • of the existence of the automated decision-making process.

You also have the right to obtain a free copy of the processed data, in an understandable format. AVRIL kids may request reasonable compensation to cover its administrative costs for any additional copies you request.

Your right to rectification of personal data

You have the right to have incomplete, erroneous, inappropriate or obsolete personal data rectified. To keep your data up to date, we ask you to notify us of any changes, such as a move for example.

Your right to erasure of data (the 'right to be forgotten')

You have the right to have your personal data deleted without unreasonable delay. The Privacy Protection Act, however, places some limits on this right, which is therefore not applicable to all data.

Your right to restriction of processing

You have the right to obtain the limitation of the processing of your personal data and in particular in the context of the use of your data for direct marketing purposes.

Your right to portability of your personal data

You have the right to 'recover' your personal data. The Privacy Protection Act, however, places some limits on this right, which is therefore not applicable to all situations.

Your right to object to the processing of your personal data

You have the right to object, on the basis of your particular situation, to the processing of your personal data. AVRIL kids will cease the processing of your personal data, unless AVRIL kids can prove compelling and legitimate grounds for the processing which are more important than yours or where the processing of the personal data concerns the establishment, exercise or defense of rights in court (for example, filing a request with a court).

7. How can you practically exercise your privacy rights?

You can exercise any prerogative listed in point 9 by submitting a request electronically to hello@avrilkids.com . or in writing to the following address:

rue de la Belle Jardinière 447 – 4031 Angleur - Belgium

In all cases, we provide you with a succinct, transparent, understandable and easily accessible response.

8. Communication to the supervisory authority

You can send complaints relating to the processing of your personal data by AVRIL kids to the Data Protection Authority: https://www.autoriteprotectiondonnees.be The supervisory authority in Belgium can be contacted as follows: next:

9. Security

AVRIL kids has implemented numerous technical, physical and organizational security measures to ensure the integrity, confidentiality and availability of the data of people who interact with AVRIL kids.

AVRIL kids has, in particular, implemented security techniques to protect personal data stored in computer servers against unauthorized access, inappropriate use, alteration, illegal or accidental destruction and accidental loss.

AVRIL kids is committed to a process of continuous monitoring and improvement of its security procedures in order to take into account new technologies or new risks.

AVRIL kids has also put in place contracts and imposed specific obligations with its subcontractors, partners or its staff so that the manual and electronic processing of any personal data is treated in a confidential manner and with appropriate security measures in order to to avoid any misuse of this data. If you suspect misuse, loss or unauthorized access to your personal information, please notify us immediately at the address provided above.

10. Who has access to my personal data?

We share your personal data with the following categories of people:

  • our employees who are required to process your purchase (e.g. the transport service) or the host of our e-commerce platform, SQUARESPACE Ireland Ltd. having its registered office at Le Pole House, Ship Street Great Dublin 8 Ireland ID 527641 and having VAT number IE3041081MH. They will, however, have access to your data provided that they have a compelling need to know your personal data for the mission requested of them, either on a 'need-to-know' basis;
  • employees of tax administrations or any other public body when the law or any other regulation requires that your personal data be communicated;
  • third-party service providers who work on our behalf including accountants, lawyers, bailiffs, external consultants, auditors, IT service providers, communications companies.

11. Will my personal data be transmitted outside Belgium?

The Avrilkids.com website is hosted by the company SQUARESPACE Ireland Ltd. having its registered office at Le Pole House, Ship Street Great Dublin 8 Ireland. The SQUARESPACE Company respects the principles of personal data protection of the GDPR and acts as a subcontractor of our data.

Apart from the above, AVRIL kids does not in principle transfer any personal data outside of Belgium.

However, if AVRIL kids were to communicate your personal information to countries located outside the European Economic Area, standard contractual clauses adopted by the European Commission would be imposed on the recipient if the protection of personal data does not apply. is not sufficiently protected in the country of destination.

12. Modifications and amendments

We may make changes to this Privacy and Confidentiality Statement from time to time, primarily to adapt to new regulatory requirements. Any changes will take effect immediately upon posting of the updated Privacy and Confidentiality Statement. In the case of a material modification, a notification will be highlighted before they come into force or it will be sent directly to you. When you continue to use our services after the effective date of the amended Privacy Statement, we will consider you to accept those changes.

13. Payment methods

13.1. The payment methods authorized on the AVRIL kids Site are as follows:

  • Credit cards and Bancontact via Shopify payment
  • Paypal

13.2. The Paypal solution allows you to make secure online payments simply by providing an email address previously registered on the Paypal website. At no time will we have knowledge of your bank details. These are kept on Paypal's secure servers. These are the general conditions of use of Paypal which apply to this payment method.

13.3. Bank credit card payments are made using secure transactions provided by the online payment platform provider. AVRIL kids does not have access to any data relating to the user's payment methods. Payment is made directly into the hands of the bank or payment provider receiving payment from the Buyer.

13.4. The total amount to be paid for the order is indicated to the Buyer on the summary page before the final order of the products in their basket. It is up to the Buyer to verify the accuracy of their order and the total price thereof.

14. Legal right of withdrawal of 14 days and exceptions

14.1. Unless one of the exceptions listed below is applicable, you may withdraw from your order without giving any reason within 14 days from the day after the date on which you, or a third party designated by you (other than the carrier), has taken physical possession of the Products purchased (or of the last good, lot or part if the contract concerns the delivery of several goods or several lots delivered separately).

Exceptions to the right of withdrawal

14.2. If a problem is noted when returning the goods (for example: packaging forming part of the goods damaged, goods incomplete, damaged, soiled, etc.), you do not lose your right of withdrawal but we may claim compensation. The compensation requested must correspond to the damage actually suffered. Your liability is only incurred with regard to the depreciation of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and proper functioning of these goods.

14.3. You must notify us: rue de la Belle Jardinière 447 - 4031 Angleur - Belgium, of your decision to withdraw from your order. You can submit your request online in accordance with these instructions and form that we provide to you (use this form) or simply by mail.

14.4. To meet the withdrawal deadline, simply send your withdrawal request before the 14-day period expires and return your product.

Effects of withdrawal

14.5. We will refund all payments we have received from you, including standard delivery charges (i.e. the cheapest delivery we offer) no later than 14 days from the day you we will be informed of the withdrawal decision. However, we may defer reimbursement until we have received the returned product, at which point the reimbursement must be made without undue delay. Delivery costs will only be refunded if your entire order is subject to withdrawal. If part of your order is returned, only the price of the returned Products will be refunded. ***Return costs are your responsibility (article 14.6) ***

14.6. We will use the same payment method that you used for your initial order, unless you expressly agree to a different method. In any case, this reimbursement will not cause additional costs for you. However, we may withhold reimbursement until we have received the product(s).

14.7. Upon receipt of your withdrawal request, we will send you by e-mail a return slip which you must print and place inside the package as well as a return label to affix to the outside of the package. The return of the Product(s) must be made by the Buyer within fourteen (14) days following communication of their decision to withdraw from their order.

14.8. You must bear the direct costs of returning the product(s). You will be responsible for the depreciation of the value of the product(s) resulting from manipulations (other than those necessary to establish the nature and characteristics of this product(s).

14.9. The risks associated with the return of Product(s) are the sole responsibility of the Buyer.

15. Receipt of your purchases

15.1. Usage reservations : The Buyer (or his agent) is required to check the physical condition of the packaging, the number and contents of the packages at the time of delivery, in the presence of the carrier. Any anomaly concerning delivery (transport damage, missing product or package, broken product, product not in conformity with the order, etc.) must, under penalty of inadmissibility of the request, be indicated on the carrier's delivery slip in the form detailed, explicit, motivated and dated handwritten reservations. The Buyer (or his agent) must sign the delivery slip.

15.2. The Buyer (or his agent) must, at the same time, report these anomalies by sending to AVRIL kids Customer Service, within three (3) working days following the delivery date, an email or registered letter with acknowledgment of receipt. Any complaint received after the deadline will be definitively rejected without possibility of recourse for the Buyer.

16. Legal guarantee of conformity

16.1. AVRIL kids guarantees that the Products, including their packaging and packaging, comply with the contractual specifications and official standards announced on the Site or in the documentation, that they are suitable for the uses expressly indicated in the Contract, that these Products are of good quality, free from defects and defects in raw materials and workmanship under normal use.

16.2. As a Purchaser of our Products, you benefit from the guarantee on consumer goods provided for by European Directive 1999/44 (transposed in Belgium by the law of September 1, 2004 relating to the protection of consumers in the event of the sale of goods of consumption), also known as the "guarantee of conformity", which protects consumers when the products they purchase contain a lack of conformity as well as the guarantee against hidden defects (hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have only given a lower price, if he had known about them) of the product and in compliance with the conditions set by law.

16.3. Lack of conformity occurs when it does not correspond to the description given on our Site or if it is not suitable for the uses for which goods of the same type are usually used.

What are the conditions to benefit from it?

16.4. The legal guarantee of conformity benefits all consumers residing in the European Union and they can benefit from it if the professional seller supplies them with a product containing a lack of conformity.

What are your rights ?

16.5. If the product you purchased on our Site contains a defect covered by the conformity guarantee, you have the right to obtain, free of charge, a replacement of the product from us. You also have the right to obtain a reduction in price or termination of the contract in the following cases:

(a) replacement of the product is not possible;

(b) the replacement cannot be implemented within a reasonable time; Or

(c) the replacement cannot be implemented without major inconvenience for the consumer.

16.6. Please note that a minor defect for which replacement is not possible or excessively expensive does not entitle the contract to be terminated.

How long does the legal guarantee of conformity last?

16.7. You benefit from a legal guarantee for two years following delivery of the Product ordered. You will therefore need to provide proof of purchase of your product to be able to benefit from it. Furthermore, you will be required to notify us of the lack of conformity as soon as possible following the discovery of the lack of conformity.

Case of exclusion of the legal guarantee of conformity

16.8. Excluded from the warranty:

damage to the Product resulting from its normal wear and tear having regard to its nature, function, composition;

Products which have not been used in accordance with the recommended usage or which have been used too intensively;

all defects in the Product which may result from poor storage, conservation, or lack of maintenance, non-compliance with maintenance and upkeep requirements, damage caused by external objects, external events such as accidents, shocks, fires, exposure to the sun, bad weather, acts of vandalism, water damage, natural or artificial lights (in the event of discoloration).

16.9. Unless otherwise stipulated, no action for non-compliance may be initiated by the Buyer, by legal or arbitral means, more than 24 months after the arrival of the Products at their destination. Furthermore, any action resulting from hidden defects cannot be brought more than 20 days after the discovery of the defect.

17. Limitation of liability

17.1. With the exception of deliveries to Belgium, we decline all responsibility in the event that the delivered item does not comply with the legislation of the country of delivery.

17.2. Our liability cannot be retained in the event of delay or failure to fulfill our contractual obligations if the delay or failure is due to a cause outside our control: fortuitous event or case of force majeure as defined by applicable law or in accordance with the law. case of stock shortage from one of our suppliers. In addition, please note that we will not be held liable in the event of minor differences between the photos presenting the articles and the texts displayed on our Site and the products delivered.

17.3. To the fullest extent permitted by law, AVRIL kids is not responsible for any damage or accident to persons, damage to property, loss of profits, shortfalls or any other direct or indirect damage resulting from negligence of the Buyer in connection with the storage or use of the Products. In any event, if AVRIL kids were to be held liable, for whatever reason and for any damage, direct or indirect, whatever the legal basis invoked, whether contractual, tort or other, it will be limited to the amount of the price paid for the Products which are the subject of the complaint or to the replacement of these Products.

17.4. Unless otherwise provided and to the maximum extent permitted by law, this Site and all of its contents and the information contained therein or relating to it are provided “as is” without warranty of any kind. whether express or implied.

18. Packaging and packaging

All Products ordered will be packaged adequately for transportation and storage in accordance with AVRIL kids' usual commercial practices.

19. Intellectual property rights

19.1. The Buyer acknowledges that AVRIL kids remains the exclusive owner of the intellectual property rights on the Products, including in particular copyright, rights to designs and models and brand rights as well as all of its know-how. TO DO. In particular, the order by the Buyer of Products, its execution and the delivery of said Products ordered does not entail any assignment, transfer or license of the intellectual property rights or know-how of AVRIL kids to the Buyer. exception of a license of use, non-transferable, non-sublicensable, non-exclusive and limited for the personal use of the Buyer of the Products.

19.2. AVRIL® is a registered trademark belonging to Ms. Julie Dwelshauvers

19.3. Under no circumstances may the Products distributed by AVRIL kids be reproduced or modified and the brands, distinctive signs or logos affixed by AVRIL kids to the Products cannot be altered or removed.

19.4. This website as well as all the elements which compose it, in particular, but without limitation, its presentation layouts, texts, videos, images/photographs of the products, the design and patterns of the products, the brands, the logos, soundtracks, designs, layout, computer programs, databases etc. (collectively referred to as “the Content”) are protected by intellectual property rights and in particular by copyright, trademark law, design law, the right of database producers as well as by any other legislation concerning them. You acknowledge that all Content is the exclusive property of or licensed to AVRIL kids.

19.5. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way on another computer, server, website or publication or distribution medium for any purpose whatsoever, without the prior written consent of AVRIL kids.

19.6. As part of the use of this Site, AVRIL kids grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license at any time without reason, in order to allow you to access the Site and consult it. and to make a purchase, print or download the offers on a durable medium to the extent that (1) you do not remove the copyright notices from copies of these documents, (2) you use the Site and information obtained for your personal use and you do not copy or post such information on any networked computer or distribute it in any media, (3) you do not make changes to such information .

19.7. The trademark “AVRIL®” is a registered trademark. All other brands mentioned on the Site are and remain the property of their respective owners. Users may not use these Marks without the prior written consent of AVRIL kids or the third party which owns the Mark. This consent may be granted or refused at the sole discretion of AVRIL kids or the owner.

20. Force Majeure

20.1. Each party cannot be held responsible for the non-performance of any of its obligations as long as it proves:

(a) that the non-performance is due to an impediment beyond its control;

(b) and that it could not reasonably be required to foresee this impediment and its effects on its ability to perform its obligations at the time of entering into the contract;

(c) and that it could not reasonably avoid or overcome this impediment or at least its effects.

20.2. For the purposes of the Contract, unforeseeable and unstoppable natural phenomena, any act of war (whether declared or not), invasions, revolutions, insurrections, acts of terrorism, are considered to be force majeure. strikes, accidents, fire, flood, earthquakes and all other events of similar nature or severity.

20.3. The party requesting exemption from liability will inform the other party of the impediment as soon as possible as well as its consequences on its ability to fulfill its commitments, as soon as it becomes aware of it. It must also notify the cessation of the event constituting force majeure.

20.4. The defaulting party who does not communicate any of this information will be liable for damages for the damage that could have been avoided thanks to this information.

20.5. A reason for exemption from liability under this clause exempts the party having not performed its obligation from any liability which may result in the award of damages, from all penalties and other contractual sanctions, with the exception of payment interest on the sums due, for as long and as long as this reason persists.

20.6. If the reasons for the exemption persist beyond two months, each party will be entitled to terminate the contract after having given notice to the other.

22. Access to the Site and availability

22.1. Connection to the Site implies knowledge and your acceptance of the characteristics and limits of the Internet network, in particular concerning technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent to any connection and transmission on the Internet or on mobile telephone networks, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible computer viruses circulating on the Internet and mobile telephone networks.

22.2. You acknowledge that you have ensured that the technical characteristics of your connection, your hardware and the software you use allow you to access the AVRIL kids site in good conditions.

AVRIL kids cannot under any circumstances be held responsible, without this list being exhaustive:

  • the transmission and reception or non-reception of any data and/or information on the Internet or on mobile telephone networks;
  • any malfunction of the Internet and mobile telephone networks preventing the smooth completion of a purchase;
  • failure of any reception equipment or communication lines;
  • loss of any data;
  • the operation of any software;
  • the consequences of any virus or computer bug, anomaly, technical failure;
  • any damage caused to a User's computer or mobile phone;
  • any technical, hardware or software failure of any nature, having damaged a User's computer and/or mobile phone.

It is your responsibility to take all appropriate measures to protect your own data on your computer, tablet and/or mobile phone against any attack. AVRIL kids is also only bound by an obligation of means in the presentation of its Products for sale via its website.

The Site is in principle accessible 7 days a week and 24 hours a day, except for interruptions, scheduled or not, for maintenance purposes or in the event of force majeure.

23. Hyperlinks

23.1 Establishment of links to the pages of the Site:

All links to the home page or one of the internet pages of the “ avrilkids.com ” Site cannot be established without the prior written consent of AVRIL kids and provided that the mention “AVRIL kids”, or any other equivalent or more precise mention is clearly indicated on the link or near it.

Authorization for the establishment of the links referred to in this article must be requested from the following address: hello@avrilkids.com The request must mention the address of the page (URL) where the link will appear on the third party site. .

23.2. Inclusions and use of frames

Any use or reproduction, even partial, of one of the elements of the Site within a third party site by means of so-called inclusion processes, frames, inlining or any other process of a nature similar are strictly prohibited.

23.3. Links referenced on the Site

The Site may contain links to websites or web pages belonging to third parties. Such sites are provided to you solely for your convenience and information. AVRIL kids provides no guarantee and incurs no liability with regard to third party hypertext links or the content of these sites.

Access to these websites is at your own risk and you acknowledge that these websites may be subject to other conditions of use and other privacy protection provisions than those applicable to this Site.

24. Non-waiver

The fact thatavrilkids does not require the User to strictly apply any of the terms, commitments or conditions which appear in these General Conditions of Use, can never be interpreted as a waiver by AVRIL kids to take advantage of it, nor as an abandonment of its rights, andavrilkids may at any time require from the User the strict and complete application of all or part of the said terms, commitments and conditions of its General Conditions of Use.

25. Nullity

The clauses of these general conditions of use must always be interpreted so that they comply with applicable law. However, in the event that the nullity or invalidity of any clause of these general conditions of use is pronounced or noted, this nullity or invalidity will not affect the validity of the other clauses of the general conditions of use. AVRIL kids undertakes, in this case, to replace the canceled clause with a new clause which will pursue the same objective as the void clause and will have, as far as possible, equivalent effects.

26. Additional information

For any questions relating to these General Conditions of Use, or to the Products in general presented on this Site, the User is invited to contact AVRIL kids at the following email address: hello@avrilkids.com

or by mail to the following address:

Ms. Julie Dwelshauvers , rue de la Belle Jardinière 447, 4031 Angleur - Belgium

27. Applicable law - Disputes

27.1. These Terms of Use are subject to Belgian law (except its conflict of law provisions).

27.2. In the event of any controversy or dispute between you and AVRIL kids arising from or in connection with your use of the Site or AVRIL kids Products, the parties must attempt to resolve this dispute quickly and in good faith within 14 days. from the date of its notification by one of the Parties.

27.3. In the event of inability to resolve this dispute within the aforementioned period, all disputes between you and AVRIL kids will be submitted to the competent court of Liège, Belgium or the courts of the European Union country in which you reside. If you are a consumer and your habitual residence is located in a country of the European Union, you benefit from rights protecting you under the mandatory provisions of the law applicable in your country of residence.

27.4. The European Commission provides an online dispute resolution platform which you can access here: http://ec.europa.eu/consumers/odr/ .

You acknowledge that, notwithstanding any legislative provision to the contrary, any claim or action against us must be brought no later than one year after the cause.

28. Modification

28.1. AVRIL kids reserves the right to modify or correct these general conditions of use at any time and without prior notice.

28.2. AVRIL kids will inform the Buyer or user of the Site of the modification by mentioning on the site the date of the last modification, as well as the latest version available and/or by e-mail.

28.3. The modifications take effect as soon as they are put online on the AVRIL kids website.