The agreement at distance concluded between the Company and the Customer for the purchase of Products via the Website. The Agreement shall be governed by these general terms and conditions.
Business Day:
Every day, except Saturday, Sunday and national holidays in Belgium.
Company:
Magalie Descamps incorporated under the laws of Belgium with registered office at Centrum KMO Leuven and VAT-number BE 1011.839.860.
Customer:
Every natural person who acts for purposes that fall outside of his commercial, corporate, crafts or professional activities and who purchases or will potentially purchase Products via the Website.
Offer:
The offer of Products via the Website. The Offer shall be governed by these general terms and conditions.
Products:
All goods available for purchase on the Website.
Website:
The website of magaliedescamps.com.
Article 3 – Applicability
3.1.
These general terms and conditions are applicable to every Offer of the Company and to all Agreements.
3.2.
These general terms and conditions will be made available to the Customer before conclusion of the Agreement and the Customer.
These general terms and conditions will be made available to the Customer, at least before the conclusion of the Agreement, in a manner that will allow the Customer to save the general terms and conditions on a durable electronic data carrier.
Article 4 – Formation and duration of the Agreement
4.1.
The Agreement is concluded as from the moment the Customer has accepted the Offer and the general terms and conditions.
4.2.
The Agreement and the general terms and conditions will remain in force until all obligations have been executed.
Article 5 – Prices
5.1.
The prices of the Products will be as quoted on the Website at the time the Customer submits an order.
5.2.
All prices include VAT at the applicable current rate in the country of residence of the Customer.
5.3.
All prices of the Products are exclusive delivery charges. The delivery charges are available to the Customer at checkout. The delivery charges will depend on the country where the Products must be shipped to.
5.4.
Before submission of an order, the total price, including all costs and taxes, will be available to the Customer and indicated: payment window.
5.5.
If a Product is incorrectly priced on the Website, the Company will contact the Customer in writing as soon as the Company becomes aware of the incorrect price. The Customer has the option to continue to purchase the Products or to cancel the order in accordance with the cancellation procedure set out in cl ause 8. The order will not be processed until the Company has received the instructions from the Customer within 14 days as from the moment the Company has notified the Customer. If the Company is unable to contact the Customer, using the contact details provided by the Customer during the order process or if the Company does not receive any response from the Customer within the timeframe set out above, the Company will treat the order as cancelled and will notify the Customer thereof in writing.
Article 6 – Payment and means of payment
6.1.
The Customer can pay for the Products via the following means of payment: Bancontact, Master card, Visa, American Express
6.2.
The Customer must pay at the moment of the placement of the order.
6.3.
If the Customer pays via bank transfer, the Company will start processing the order as from the moment of receipt of the payment in full. If the Company does not receive full payment within 10 days after receipt of the order the Company has the right to cancel the order automatically.
Article 7 – Shipping and delivery
7.1.
The Company undertakes to deliver the Products within a period of 4 weeks after receipt of the payment in full, unless another delivery date is concluded between the Company and the Customer at the moment of formation of the Agreement.
In case the Company is not able to deliver the Products within the period set out above, the Company undertakes to inform the Customer thereof in writing. The Customer shall then give the Company a new deadline for delivery, which must be reasonable. If the Company misses the deadline again, the Customer has the right to cancel the order.
7.2.
The Customer will receive a confirmation via e-mail as soon as the order leaves the premises of the Company.
7.3.
The Company shall deliver the order to the address provided by the Customer to the Company during the purchase process.
7.4.
In case there is no one available at the address of the Customer at the moment of delivery, the Customer must follow the instructions of the delivery service in charge of the delivery of the order.
7.5.
The Company reserves the right to make partial deliveries of the ordered Products, for example in case part of the order is delayed or unavailable. In case of partial delivery, the Company will notify the Customer by sending an e-mail to the e-mail address provided by the Customer to the Company at the moment of the placement of the order.
7.6.
The Customer must check the packaging upon delivery/collection for possible damages. In case the Products are damaged, the Customer must not accept the delivery and must notify the Company immediately via info@magaliedescamps.com. After notification, the Company will provide the Customer with the necessary instructions regarding the damaged Products.
Article 8 – Right to cancel an order before delivery
8.1.
The Customer has the right to cancel the order without a reason and without costs prior to the shipment of the order.
8.2.
The Customer can cancel the order by sending an e-mail to info@magaliedescamps.com.
After cancellation of the order, the Customer will receive a confirmation of the cancellation by by sending an e-mail to the e-mail address provided by the Customer to the Company at the moment of the placement of the order and the Company will refund the amounts already paid on the credit card or debit card used by the Customer to pay.
8.3.
After receipt of a confirmation stating the Products have left the premises of the Company (in accordance with clause 7.2.), the Customer can no longer cancel the order.
8.4.
In case it was not possible to cancel the order, the Products will be delivered, and the Customer can return the Product following the procedure as set out in clause 9.
Article 9 – Right of withdrawal and refund
9.1.
The Customer has a legal right to withdraw the Agreement during the term as set out in clause 9.2. This means that the Customer can decide, during the relevant period, to not keep the Products. The Customer must notify the Company of its decision to withdraw and receive a refund. The Customer does not have to provide a reason for the withdrawal.
9.2.
The Customer has fourteen (14) days to withdraw the Agreement. The starting point of the term to exercise the right to withdrawal may vary. The following rules apply:
a)
In case the delivery is a single Product, the term will start the day after receipt of the Product by the Customer.
b)
In case the delivery is for multiple Products which are delivered on separate days, the term will start the day after the Customer has received the last of the separate Products ordered.
c)
In case the delivery is for a Product over a set period, the term will start the day following the day on which the Customer has received the first delivery of the Products.
In case the Company did not provide the Customer with the legally required information regarding the Customer’s right of withdrawal, the Customer’s shall have twelve (12) months to withdraw the Products starting the days after the end of the initial period of fourteen (14) days stated above. In case the Company has provided the Customer with the legally required information regarding the Customer’s right of withdrawal within the above-mentioned period of twelve (12) months, the Customer has fourteen (14) days to withdraw the Agreement starting the day after the Customer has received the information from the Company.
9.3.
You may only withdraw the Agreement if the Products:
a)
have not been damaged, etc.;
b)
Are complete, and;
c)
Have their original certificate of authenticity.
The Customer may not exercise the right of withdrawal as regards the following:
a)
The supply of goods made to the Customer’s specifications or clearly personalised;
b)
Agreements concluded at a public auction;
9.4.
In case the Customer decides to withdraw the Agreement, the Customer must notify the Company thereof by sending an e-mail to info@magaliedescamps.com stating unambiguously that he wishes to withdraw the Agreement.
The Customer must return the Products to the Company without undue delay and in any event not later than 14 days after sending the notification of withdrawal to the Company. The Products must be sent to the Company via the same way the Customer has received the Products;
All costs for the returning of the Products will be paid by the Customer.
9.6.
In case of withdrawal:
a)
the Company shall refund the amounts already paid by the Customer for the Products after receipt of the Products. However, the Company can reduce the refund to reflect any reduction in the value of the Products, if this has been caused by Customer handling them in a way which would not be permitted in a shop
b)
The Company shall make any refund within a reasonable time after receipt of the Products.
c)
The Company shall refund the Customer on the credit card or debit card used by the Customer to pay.
Article 10 – Warranty
10.1.
The Customer has the right to a legal warranty of 2 years. The legal warranty covers every defect or lack of conformity of the Products that manifests itself within the period of 2 years from the date of delivery of the Products.
10.2.
The Customer must inform the Company via info@magaliedescamps.com of the defective Products within a reasonable period after the defect becomes known or could have reasonably become known to the Customer.
10.3.
In case a defect occurs within the legal warranty period of 2 years, the Customer must follow the procedure as set out in clause 9. After the return of the defective Product, the Company will, at the Customer’s sole discretion, send the Customer a new Product or repair the Product and we will carry all the costs in relation to the exchange/repair of the Products. The Product can only be replaced and delivered in so far, they are still available/in stock at the premises of the Company’s Suppliers. In case the reparation or replacement is not possible or cannot be executed within a reasonable time, the Customer has the right to terminate the Agreement and the Company will refund the price in accordance with clause 9.6.
Article 11 – Complaint procedure
11.1.
In case the Customer has any complaints, it can contact the Company via the following e-mail address: info@magaliedescamps.com.
11.2.
the Customer can contact the following entity in order to settle the dispute out of court European Centre for the Consumer, located at Hollandstraat 13, 1060 Brussel, odr@eccbelgium.be, tel +3228923712.
11.3.
The Customer can also submit its complaint to the Online Dispute Resolution platform provided by the European Union, http://ec.europa.eu/odr.
Article 12 – Transfer and subcontracting
12.1.
The Company has the right to transfer its rights and obligations under the Agreement to a supplier (e.g. for the delivery of the Product), but this will not affect the rights and obligations under these general terms and conditions.
12.2.
If the Customer has purchased a Product as a gift, he may transfer the benefit of the warranty as set out in clause 10 to the recipient of the gift without needing to ask the Company’s consent.
Article 13 – Use of personal data
13.1.
The Company only uses the Customer’s personal information in accordance with the Privacy Policy on the Website.
Article 14 – Force majeure
14.1.
The Company is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is due to a situation of force majeure.
14.2.
In case of a situation of Force Majeure:
a)
The Company shall inform the Customer thereof, via e-mail; and;
b)
the Company’s obligations under the Agreement will be suspended and the time for the performance of the obligations will be extended for the duration of the situation of Force Majeure. Where the situation of Force Majeure affects the delivery of the Products, the Company will arrange a new delivery date with the Customer after the situation of Force Majeure is over.
14.3.
In case the Customer opts to cancel the Agreement, he has to return the Products already received, in accordance with the procedure set out in clauses 9.4 – 9.6.
Article 15 – Governing law
15.1.
These general terms and conditions are governed by the laws of Belgium. This means the Agreements for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by Belgium law.
Article 16 – Miscellaneous
16.1.
The Company may amend these general terms and conditions from time to time. The general terms and condition in force at the time of the order of the Products will apply to the Agreement between the Customer and the Company.
16.2.
Without prejudice to any of the rights and remedies granted to the Customer by the applicable law or these general terms and conditions, our liability for direct damages will be limited to the value of the ordered Products.
16.3.
The nullity of any provision or part of a provision under the Agreement will in no way affect the validity of the remaining portion of the provision or the rest of the provisions and clauses.
