GENERAL CONDITIONS OF SALE VAN www.kartonnenmeubele.be AND INFORMATION FOR CUSTOMERS
Article 1: Operator of the online store and scope of these general conditions of sale
1. This online sore (or “web shop”) and website is operated by MRS BV, Kleine Grippe 20, 2630 Aartselaar, Belgium, firstname.lastname@example.org registered in the CBE under the register number 087215291 (here- after called "MRS", "We" or "Our"). MRS is registered with the Commercial Court in Antwerp.
2. These general conditions of sale apply both to the use of this website and of the online web shop as such, as well as to the purchase of products sold in the online store. By using the website, you accept these general conditions of sale.
3. Only these conditions of sale apply to the sale of goods or services that we carry out. The other conditions of sale, especially those of customers, only apply to the extent that we have recognized them.
4. We sell our products and services to both consumers and professional customers. Professional customers can also be served via our platform www.styleathome.be.
5. The original languages of these general conditions are Dutch and French. The official audience language will be Dutch only.
6. This online web shop and website sell to customers in Belgium and in the Netherlands. If the billing and delivery address is located outside of Belgium or the Netherlands, please contact us.
7. MRS reserves the right to modify these general conditions of sale at any time. The conditions of sale that apply, are those in effect at the time of your purchase in the online store.
Article 2: Customer account
1. When you enter the personal information necessary for your registration, you are responsible for its veracity and completeness. You have an obligation to treat your personal identifiers confidentially and not to make them accessible to unauthorized third parties.
3. Each customer is only allowed to have one customer account. We reserve the right to delete multiple registrations, to warn or report customers who violate the provisions of this article and to delete or modify content.
Article 3: Data protection
Article 4: Conclusion of the contract
1. As part of the online wen shop, you can choose different items from those displayed and place them in your digital shopping cart by clicking on the "Add to cart" button. The order binds you contractually only when you have entered all the information necessary for the execution of the contract (for professional customers including their VAT number) and clicked on the "PROCEED TO CHECKOUT" button. As long as you have not clicked on this button, you can change your order and the information you have given at any time.
2. After sending your order, you will receive an acknowledgment of receipt of your order automatically. This acknowledgment of receipt contains the information of your order including the general conditions of sale. We recommend that you print and save these. The acknowledgment does not yet enter into force the sales contract; it only indicates that your order has arrived with us.
3. We reserve the right to accept your order: your order does not oblige us to conclude a contract.
When can an order be (partially) canceled:
If your customer account contains overdue invoices dating from one of your last orders;
If recovery measures had to be taken during one of your last orders due to a delay or lack of payment;
If a product or service is not (temporarily) available or out of stock;
If your return rate is abnormally high and does not improve despite the information transmitted.
In case of cancellation, you will be informed.
4. We do not accept orders from underage customers under the age of 18.
5. The minimum value of your order is 25,- EUR (twenty-five euros) excluding VAT.
Article 5: Presentation, availability and delivery time of the articles
1. The product offers presented in the online web shop (specifications, colors, prices, availability) are in principle contractual. However, MRS reserves the right to modify the range of articles and services offered at any time, for example to completely remove products from the range. MRS declines any responsibility in the event of typographical error, inaccuracy or incomplete indications at the level of the information on the product or the service. MRS represents the colors of the various articles as faithfully as possible in its online web shop. However, MRS disclaims all liability and all guarantees arising from the accurate representation of colors on your own screen.
2. The display of items and services in the online web shop does not constitute a guarantee of the constant availability of the items in the online web shop or on other sales channels. MRS does not assume any supply risks.
3. If one or more of the items you have ordered are no longer available at the time of your order, we will unfortunately not be able to execute it completely. We reserve the right to choose whether in this case we partially fulfill the order, or if we cancel it completely. You will be informed.
4. If the article or articles you have ordered are available, the delivery time to the address you have indicated is generally 3 to 5 working days after receipt of your payment. The delivery times indicated above, as well as in the time needed to acknowledge receipt of your order, are only estimates and are not binding. MRS declines all responsibility in the event of late delivery.
5. Delivery will only take place in Belgium and the Netherlands. For delivery of products ordered to a foreign address, please contact us.
Article 6: Price
1. All the prices indicated are always excluding applicable value added tax (or simply "VAT"). When selecting the products and services in your basket, the amount of VAT is indicated.
Offers and prices are valid as long as they are online and while stocks last.
2. We charge EUR 4,95 (four euro and ninety-five cents) excluding VAT for shipping costs for each delivery. Delivery is free from an order value of 49,- EUR (forty-nine euro) excluding VAT.
3. You receive a 10% transport discount in the event of collection at MRS’ warehouses, located at Industriepark Cleydaal, Cleydaellaan 10-16, unit 11-12, 2630 Aartselaar according to the instructions and on the date of availability communicated by MRS.
Article 7: Rent instead of buying
Instead of buying, you can rent a rental package for 3 (three) months for single use. The rental package contains cardboard furniture and decorative materials as indicated on the purchase site.
Cardboard furniture and decorative materials are in good condition (for example, we used them a maximum of two times before renting them).
After use, you return all decorative materials, seat plaids and arm coverings to us in the packaging boxes provided. Return or delivery to our warehouses is at your expense. You can use the cardboard furniture as moving boxes or give it away with the old paper.
The rental price closed on the date of the order is valid for a period of 3 (three) months and can be renewed monthly at 50,- EUR (fifty euros) excluding VAT.
Article 8: Payment terms
1. Each invoice must be paid before preparation of sending the order by MRS.
2. When paying, you can choose between the different payment methods offered by ATOS Worldline SIPS: Visa, MasterCard, Bancontact or wire transfer (via your banking application).
3. Please note that under your agreements with your credit institution, you may incur additional costs for transfers, maintaining a bank account, etc.
4. In the event of non-payment of an invoice, the purchase price is due on the day on which the delivery is dispatched from MRS. If the payment is not made according to its due date, the customer's payment will be considered late. The rules relating to delay then come into force: in the absence of full payment of an unpaid balance within the aforementioned period, MRS, from the day after this period, automatically and without notice, will be entitled to interest on arrears set at 1% (one percent) per month calculated on the principal amount of the outstanding balance as well as the amount of the full compensation costs, with a minimum of 25, - EUR (twenty-five euros) excluding VAT per month, whatever the collection costs which are always borne by the customer. In addition, the customer will in this case be liable for a lump sum administrative fee equal to 10% (ten percent) calculated on the principal amount of the outstanding balance as well as the amount of full compensation costs, with a minimum of 125, - EUR (one hundred and twenty-five euros) excluding VAT, whatever the collection costs, which are always borne by the customer. Interest on arrears and lump sum administrative fee are calculated on the basis of the principal amount of the unpaid balance as well as the amount of full compensation costs, including - but not limited to - legal fees, bailiff fees, collection fees and accrued interest. The payment of interest on arrears and the lump sum administration fee does not prevent MRS from asserting other claims.
5. In the event of late payment, non-payment or refusal to pay during a purchase, MRS reserves the right to exclude you from using the online web shop.
6. Any compensation for payments due as a result of claims you have against MRS is prohibited.
Article 9: Guarantee and responsibility
1. The products you receive are covered by legal guarantees, and articles 1649bis and following of the Civil Code apply in full.
2. Notwithstanding the above, you will not be entitled to any warranty:
for normal wear and tear of the product concerned;
if the product concerned has been modified or repaired;
if the original invoice for the product concerned cannot be presented, has been modified or made illegible;
in the event of incorrect or abnormal use of the product concerned; or
in case of deterioration of the product concerned due to your intention or your negligence.
3. In the event of damage occurring during the shipment of the goods for an order, the customer must carry out a damage scan with the parcel delivery service or the carrier hired by MRS for this delivery. The recipient must report irregularities at the time of delivery on the delivery slip or the parcel or carrier service. Otherwise, any possibility of appeal to the customer at MRS will become void.
Article 10: Retention of title
The delivered items remain our property until full payment.
Article 11: Intellectual property rights and brands
The website and online web shop we operate as well as all of its content, including texts, photos, images, graphics, printed matter, textiles, videos, presentations, sound, illustrations and any software, as well as all brands and designs, are fully protected against unauthorized use by industrial property rights, including copyright, name and image rights, and trademark and design rights. Use of this website does not constitute a license.
Any use other than researching and purchasing a product requires prior written authorization from us or, if the rights concerned do not belong to us, from the authorized person.
In particular the reproduction (complete or partial), transmission (digital or by other means), modification, linking or use of the website and online store for public or commercial purposes is prohibited without authorization prior. It is notably forbidden to practice framing and hotlinking of content.
Article 12: Applicable law and competent jurisdiction
All business or other legal relations between you and MRS, in particular concerning the sales contract in the event of finalization of a purchase in our online store, are subject to Belgian law to the exclusion of the Vienna Convention on Sales (CISG).
The Commercial Court in Antwerp, Belgium is solely competent for all disputes associated with the use of this website and the online web shop as well as the conclusion of sales contracts in the online web shop.
Article 13: Right of return and information
Right of return
MRS guarantees a right of voluntary return for all purchases made in the online store within a total period of 14 (fourteen) days.
To exercise this right of return, you must return the products to us within 14 (fourteen) days after receipt (the period starts from the day of receipt). The deadline is considered to have been respected if the dispatch has taken place in good time.
However, the exercise of the right of return is subject to the condition that these are returned complete and in perfect condition, and in their original packaging in undamaged form.
To exercise the right of return, you must send us to MRS SRL, Kleine Grippe 20, 2630 Aartselaar (VAT BE0807.215.291) or by e-mail email@example.com your unambiguous statement (for example by written mail or e -mail) of your decision to terminate the contract. You can use the attached return form template.
To respect the return period, simply send your communication concerning your exercise of the right of return before the expiration of the return period.
Consequences of cancellation
If you revoke the contract, you will receive all payments you have made up to that time, including delivery costs (except for additional costs resulting from your choice of a delivery method different from standard delivery, the cheapest that we offer) and in any event, no later than 30 (thirty) days after being informed of your decision to terminate the contract. We can wait for a refund until we have received the goods in full.
You must return the goods to us without delay, but in any case no later than 10 (ten) days after the date on which you informed us of the decision to terminate the contract. You are on time if you return the goods before the expiration of the 10 (ten) day period.
We will bear the costs of returning the goods.
If you return the delivered goods within the cancellation period without express cancellation, we will nevertheless consider the agreement as a cancellation and we will treat the return as indicated above.
Cancellation form template
Fill out and return this form only if you wish to revoke the agreement with MRS SRL, Kleine Grippe 20, 2630 Aartselaar (VAT BE0807.215.291) or by e-mail firstname.lastname@example.org:
I inform you / we inform you(*) hereby that I / we(*) revoke my / our(*) agreement concerning the sale of the following services / products(*) / the delivery of the following services / products(*)
Ordered on (*) / Received on (*)
Invoice number #IN
Description of the service / products provided
Signature of consumer(s) (only when this form is submitted on paper)
(*) Delete if necessary.
Article 14: Disclaimer of website and web shop
1. Legal warranty rules apply. All information concerning the articles is not binding and does not constitute a guarantee. MRS cannot guarantee that the content of the website is permanently correct and complete, nor that the products displayed are free from defects or suitable for a particular use.
2. To the extent permitted by law, MRS disclaims all liability for damages related to the use of this website or the use of items or services purchased. Likewise, the liability of our auxiliaries’ services is entirely excluded.
3. To the extent permitted by law, MRS disclaims all liability arising from access to, or impossibility of access to, this website or to any of its elements as well as their use. In addition, MRS declines any responsibility for damage caused to your computer, tablet or smartphone, if a script used on this website should cause possible problems on your machine.
4. This website and the online web shop may contain links to third party sites. The corresponding sites are not operated nor monitored by MRS. MRS declines any responsibility towards the contents and the respect of the legal provisions on behalf of the operators of the sites linked.
Article 15: Safeguard clause
If individual provisions of this contract, including these regulations, should be or become void in whole or in part or if the contract should contain an involuntary gap, the validity of the other provisions or other parts of the provisions would not be affected otherwise.
In case of obsolete or missing provision, the corresponding legal provision will be applied.
Article 16: Arbitration for consumers
MRS is in principle neither willing nor obliged to participate in a dispute settlement procedure before a consumer conciliation body.
Only the Commercial Court of Antwerp has jurisdiction.