GENERAL CONDITIONS
1. Definitions and application of the conditions
The website marie-marie.be is an initiative of:
Marie-Marie
Steenhouwersvest 12
2000 Antwerpen
Company number (VAT-BE) 0536.914.695
Email: info@marie-marie.be
Phone: 03/232 10 21
The following definitions shall have the following meanings:
“Purchaser”: Every natural (B2C) person that enters into a contractual relationship with Marie-Marie. Each Purchaser agrees not to purchase the products of Marie-Marie with the sole purpose of reselling it. Further also referred to as “you” or “your”.
“Consumer”: Every natural person acting for purposes outside his trade or profession.
“Products”: All goods and services that are the subject matter of one or more sales contracts.
“Goods made to the Consumer’s specifications”: Non-prefabricated goods made on the basis of an individual choice of or decision by the Consumer.
“Sales contract”: Every contract in which the trader commits to transfer the property of goods to the Purchaser and/or to provide services to the Purchaser and where the Purchaser commits to pay for these goods and/or services.
The General Conditions of Sale apply to all current and future sales of Products by Marie-Marie to the Purchaser. The Purchaser accepts these terms, as well as all other rights and obligations as stated on the website, by using the website.
These General Conditions of Sale are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the General Conditions of Sale.
Marie-Marie reserves the right to amend and/or supplement the General Conditions of Sale in the future. Any future changes will have no effect on existing product orders and consequential agreements.
The General Conditions of Sale of Marie-Marie can be consulted in Dutch, French and English. In case of a discrepancy between the different versions, the Dutch version prevails.
2. Offer and acceptance
Our online offer is presented with the utmost care. Marie-Marie provides information about the features of the products, including technical descriptions based on information we received from our partners and suppliers, and photographs illustrating the products. We provide this information to the extent technical resources permit us. The images displayed on our website provide an approximate representation of the substantial features of our products.
Our online offer is presented as an invitation to purchase. Marie-Marie is not bound by its offer. An offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration. The Purchaser can rest assured that these conditions are only applicable when explicitly communicated prior to the order placement.
To purchase a product from the Marie-Marie range, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. Marie-Marie will send a confirmation of the order within seven (7) calendar days, directed at the e-mail address specified by the Purchaser at the moment of ordering. The sale contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by Marie-Marie.
Marie-Marie retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. Marie-Marie will inform the Purchaser and will (where possible) propose a similar product if the initial order cannot be executed or can only partially executed. There is no Sales contract if Marie-Marie refuses the order or if the Purchaser does not agree with the proposed alternatives. In such case, all payments that have been made will be soon refunded. The Purchaser is not entitled to any form of compensation.
The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid agreement. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, Marie-Marie can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
3. Pricing
All prices are indicated in EURO and include VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs. Marie-Marie will communicate these costs in the last step of our online ordering process.
The price as displayed on the confirmation of order is the final price to be paid, barring the exception of article 2 relating to Prices. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by Marie-Marie after the conclusion of the sales contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.
We have the right to change our prices at any time but commit to always apply the prices that was indicated on our website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
4. Payment terms
Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our website:
Mastercard / VISA / Bancontact / Ideal / PayPal / Apple Pay
We will only accept vouchers within our premises and not with electronic contracts. In the future, Marie-Marie can always expand the payment methods. These expansions will always be announced on our website. Marie-Marie takes all necessary precautions to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.
We make use of the secured payment system of Multisafepay for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.
Marie-Marie shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. Marie-Marie always retain ownership of all products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.
5. Delivery
We process every order in a rapid manner. Unless otherwise agreed, your order will be delivered within thirty (30) calendar days upon order confirmation. If Marie-Marie fails to deliver the goods within the agreed upon timeframe or within thirty (30) days upon order confirmation, de Purchaser requests delivery within an additional, appropriate timeframe. The Purchaser may only terminate the agreement if Marie-Marie fails to deliver the products within the additional communicated timeframe. In the event of such termination, Marie-Marie will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the agreement. The exceeding of the delivery time does not give rise to an additional right to compensation.
When you order a product that is not on stock, there may be an indication of when the product will be back in stock. The delivery time starts as soon as the products are back in stock.
Marie-Marie uses external parties and carriers for the execution of the delivery, in particular Bpost. This may have an effect on the deliveries. However, Marie-Marie takes no responsibility for late deliveries by third parties or for orders which are lost by third parties, nor does it take responsibility for late or lost deliveries in case of unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, Marie-Marie will conduct an investigation at the carrier’s end. This can take several days. During this period, Marie-Marie cannot provide any reimbursement or proceed to a re-delivery of the products.
The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.
Marie-Marie bears the risk for damage and/or loss of the products until the moment of delivery. Risk associated with the goods shall pass from Marie-Marie to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.
6. Defects and complaints
The legal guarantee obligation, as defined in Articles 1641 to 1649 of the Belgian Civil Code, is fully applicable to this agreement. Each Purchaser is consequently entitled to repair or replacement if he finds a defect in the delivered products, to the extent that the requirements of the legal guarantee are fulfilled. Furthermore, the Consumer enjoys a legal guarantee period of two (2) years (Article 1649bis – 1649quinquies Belgian Civil Code). There is no legal guarantee obligation if the Purchaser was aware of the defects at the time of the sale.
The Purchaser or the third party designated by the Purchaser is required to examine the products accurately on their conformity as soon as the products are received. If the product is affected by a visible defect, and the receiver perceives this defect, he must submit a complaint. Purchaser shall communicate these complaints towards Marie-Marie in a written statement and in an explicit, unambiguous and motivated manner. This must be done within seven (7) days upon delivery. It is the duty of the Purchaser to motivate this communication sufficiently.
The Purchaser must send the defective products back to Marie-Marie in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any deficiency in this obligation will imply a proportional reduction in the repayment. All costs for return shipment shall be borne by the Purchaser. Sending back an order is always at risk of the Purchaser. We recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within seven (7) calendar days after the communication.
The warranty is not applicable in case of:
Damage caused by normal wear and tear; accidental or intentional changes caused by the Purchaser to the product, including improper and incorrect use; exposure to moisture, fire, earthquake or other external causes.
Damage caused by an installation and/or use that is not compatible with the provided instructions and information.
In the absence of a motivated complaint, the Purchaser is not entitled to send back the products. If the conditions of the guarantee are met, the Purchaser is firstly entitled to a free repair or replacement of the ordered products, if the situation renders it possible. Marie-Marie is only held to a reimbursement if the reparation or replacement no longer produces the same benefit for the Purchaser. The Purchaser will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Purchaser.
If the products have been sent back even though the conditions were not met, Marie-Marie will send the products back to the Purchaser. The cost of this shipment will be borne by the Purchaser. Marie-Marie may stock the returned products at third parties, on behalf and at risk of the Purchaser, as long as the costs of return have not been paid.
7. Right of Withdrawal
7.1 Applicability of the Right of Withdrawal
The Consumer enjoys a right of withdrawal, in accordance with article VI.47 Belgian Code of Economic Law. The right of withdrawal provides the Consumer with the possibility to terminate the contract if, within fourteen (14) days after the delivery, he is not satisfied with the product. No motivation or penalty fee is required. Marie-Marie welcomes your feedback in order to improve our services.
If the Consumer applies his right of withdrawal in conformity to the legal conditions, Marie-Marie will take care of the reimbursement of the amount actually paid for the product within fourteen (14) calendar days. The reimbursement will be carried out through the same payment method you used for the initial transaction, unless the Consumer expressly agreed otherwise. No fee will be charged for the reimbursement.
Attention: Marie-Marie does not reimburse any additional delivery costs, such as the cost endorsed if the Consumer selects a delivery method that differs from the cheapest standard delivery method.
According to Article VI.53 of the Belgian Code of Economic Law, the Consumer is not entitled to exercise his right of withdrawal in the following cases:
- Service contracts after the service has been fully performed if the performance has begun with the Consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader (Article VI.53.1° WER);
- The supply of goods which are made to the Consumer’s specifications, or are clearly personalized (Article VI.53.3°);
- The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (Article VI.53.5° WER);
- Where the goods supplied have, according to their nature, been inseparably mixed with other items after delivery (Article VI.53.6°).
7.2 Exercising the Right of Withdrawal
The Consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement. The communication must happen within fourteen (14) calendar days since:
Sales contract: The day of acquiring physical possession of the goods.
Service contract: The day of the conclusion of the contract.
It is up to the Consumer to prove that he can rely on his right. The following information must always be clearly communicated:
The following three dates: the date of order, date of receipt and the date on which the right of withdrawal is used;
Name and address of the Consumer;
Signature of the Consumer.
The Consumer must remand the products to Marie-Marie as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The return shipment can only be done by manner of an authorized carrier. In any case, the Consumer will bear all costs and risks of remand. Marie-Marie may suspend the reimbursement until receipt of evidence by the Purchaser that the products have been returned.
The Purchaser is liable for any diminished value of the products resulting from the handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. Marie-Marie is entitled to charge the costs of the impairment in proportion to the repayment.
The Consumer has no right of withdrawal if the above conditions are not met. In that case, the goods will be returned to the Consumer at the expense and risk of the Consumer. Marie-Marie commits to clearly communicate its motives to the Consumer.
8. Force Majeure
Force majeure exists if Marie-Marie is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. In this case Marie-Marie is not obliged to fulfil its obligations. Marie-Marie may suspend its obligations for the duration of the force majeure.
9. Intellectual property
Marie-Marie retains all intellectual property and other related rights with regard to the website and webshop. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the product.
10. Your privacy, our concern
Since the details you give us are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts, failure to provide these details will result in the cancellation of your order. Communicating incorrect or false information infringes the present General Conditions of Sale. Purchaser’s personal data are exclusively processed in accordance with the applicable Privacy Policy, which can be consulted via our website.
11. Applicable law and court of competent jurisdiction
Belgian law exclusively applies to all of the offers and agreements. The application of the Vienna Sales Convention is explicitly excluded. All disputes that relate to or arise from the offers of Marie-Marie, or agreements that are made with them, shall be submitted to the courts of the judicial district of Antwerp.