Terms & conditions of sale
1. Definitions and application of the conditions
The webshop https://shop.mistralhome.com/en/webshop is offered by:
M.H. – Retail bvba (hereafter: “M.H. RETAIL”)
BTW BE 0823.841.883.
Telephone: +32 (0)9 381 60 19
For the purpose of the present Terms of Sale the following definitions shall have the following meanings:
“Purchaser”: Every natural or legal person who enters into a contractual relationship with M.H. RETAIL, regardless the nature of the contractual relationship. Every Purchaser agrees not to purchase the Products on URL webshop M.H. RETAIL with the sole purpose of reselling them. Hereafter also referred to as “you” and “your”.
“Consumer”: Every natural person in the capacity of Purchaser 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 Terms of Sale apply to all current and future sales contracts between M.H. RETAIL and the Purchaser. By using the website, the Purchaser accepts these Terms of Sale, as well as all other rights and obligations as stated on the website.
These Terms 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 Terms of Sale. When using the website, the Purchaser accepts the applicability of these Terms of Sale as well as all other rights and obligations stated on the website.
M.H. RETAIL reserves the right to amend and/or supplement the Terms of Sale in the future. Any future changes will have no effect on existing product orders and consequential agreements.
The Terms of Sale of M.H. RETAIL can be consulted in Dutch, French, English and German. 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. M.H. RETAIL 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. Certain non-substantial characteristics of a Product may differ on delivery from the photographs and descriptions displayed on the website.
Our online offer is presented as an invitation to purchase. M.H. RETAIL 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 M.H. RETAIL range, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. M.H. RETAIL 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. This order confirmation is considered to be the time of conclusion of the agreement.
M.H. RETAIL 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. M.H. RETAIL 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 M.H. RETAIL 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, M.H. RETAIL 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.
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. M.H. RETAIL 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 M.H. RETAIL 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.
M.H. RETAIL retains the right to change the prices at any time but we 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:
Vouchers and coupons will only be accepted in our sales rooms and not in agreements that are closed at a distance. In the future, M.H. RETAIL can always expand the payment methods. These expansions will always be announced on our website. M.H. RETAIL 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 abovementioned authorized payment partners and credit card issuers provide the necessary guarantees.
We make use of the secured payment system of XXX 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.
M.H. RETAIL shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. M.H. RETAIL 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.
We process every order in a rapid manner. M.H. RETAIL always tries to deliver a Product ordered before 1 pm the next day to the delivery address provided by the Buyer. This is, of course, only an objective and we cannot offer absolute guarantees in this respect. Your order will be delivered within thirty (30) calendar days upon order confirmation at the latest. If M.H. RETAIL 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 M.H. RETAIL fails to deliver the products within the additional communicated timeframe. In the event of such termination, M.H. RETAIL 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 in stock, there may be an indication of when the product will be back in stock. The delivery time is then suspended. The delivery time restarts as soon as the Products are back in stock.
M.H. RETAIL relies on external parties and carriers for the execution of the delivery, in particular BPost DPD, etc. This may have an effect on the deliveries. However, M.H. RETAIL 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, M.H. RETAIL will conduct an investigation at the carrier’s end. This can take several days. During this period, M.H. RETAIL 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.
M.H. RETAIL bears the risk for damage and/or loss of the products until the moment of delivery. Risk associated with the goods shall pass from M.H. RETAIL to the Purchaser on delivery by the Purchaser or a third party designated by the Purchaser. 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 warranty obligation, as defined in article 1641-1649 of the Belgian Civil Code, is fully applicable to these Terms of Sale. Consequently, every Purchaser is entitled to compensation if he discovers a defect in the goods delivered, in accordance with the legal requirements. Every Consumer has a legal warranty period of two (2) years. The Buyer cannot invoke his right of warranty if he was aware of the defects at the time of purchase. Additional commercial guarantees are always possible in accordance with the relevant terms and conditions.
Upon receipt of the Products by the Purchaser or any third party designated by the Purchaser, the receiver shall be obliged to carry out a detailed examination of the Products. If the Product is affected by a visible defect, the recipient may submit a complaint. The Purchaser must communicate these complaints explicitly, unambiguously and with reasons in writing to M.H. RETAIL, within seven (7) days of delivery to the Purchaser or to any third party designated by the Purchaser. It is the Purchaser's duty to provide sufficient motivation for such communication.
The defective Products must be returned to M.H. RETAIL, always in their original state, including their packaging, accessories and documentation and always accompanied by the original invoice or a valid proof of payment. Any shortcoming in this obligation will result in a proportional reduction at the time of repayment. Return shall always take place at the risk of the Purchaser. The costs of returning the Products shall be borne by the Purchaser. M.H. RETAIL recommends that these Products be returned by registered post with insurance to avoid the risk of loss and theft. This return must take place within seven (7) calendar days of the communication at the latest.
The legal 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;
- Damage caused by the removal of the seal on certain parts and after the removal or unreadability of the serial number and other numbering of product ranges. The Buyer or an unauthorized third party may never remove this seal without the express written permission of M.H. RETAIL or the manufacturer;
In the absence of a (sufficiently) motivated complaint, the Purchaser is not entitled to send back the Products. If the abovementioned conditions are met, the Purchaser is firstly entitled to a free repair or replacement of the ordered Products, if the situation renders this possible. Only when the repair or replacement is excessive or impossible or cannot be carried out within a reasonable time shall Purchaser be entitled to a refund in whole or in part. The Purchaser must substantiate this in a clear and well-founded 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, M.H. RETAIL will send the Products back to the Purchaser. The cost of this shipment will be borne by the Purchaser. M.H. RETAIL 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. On the basis of the right of withdrawal, the Consumer has the right to cancel the purchase within fourteen (14) calendar days from the day following the delivery of the Product. However, M.H. RETAIL accepts that the Consumer exercises his right of withdrawal up to thirty (30) days after the purchase. No motivation or penalty fee is required. M.H. RETAIL welcomes your feedback in order to improve our services.
If the Consumer applies his right of withdrawal in conformity to the legal conditions, M.H. RETAIL 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: M.H. RETAIL 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:
- The supply of goods which are made to the Consumer’s specifications, or are clearly personalized (Article VI.53, 3° Belgian Code of Economic Law);
- 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° Belgian Code of Economic Law);
M.H. RETAIL authorizes the Consumer to remove the delivered Products from their packaging in order to verify that they meet the Consumer’s expectations. However, M.H. RETAIL does not accept that Products showing clear signs of use (including, but not limited to: stains, streaks, odors, cracks, etc.) are returned by the Consumer.
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 thirty (30) calendar days since:
- Sales Contract: The day of acquiring physical possession of the goods.
- Service contract: The day of the conclusion of the contract.
The following information must always be clearly communicated:
- 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.
M.H. RETAIL has a model form available on its website through which the Consumer may exercise his right of withdrawal. The Consumer must fill in this form completely and truthfully.
The Consumer must send back the Products to M.H. RETAIL 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. M.H. RETAIL has the right to wait for the refund until it has recovered all Products, or until the Consumer has shown that he has returned the goods, whichever is first.
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. M.H. RETAIL 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. M.H. RETAIL commits to clearly communicate its motives to the Consumer.
8. Force Majeure
Force majeure exists if M.H. RETAIL is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. In this case M.H. RETAIL is not obliged to fulfil its obligations. M.H. RETAIL may suspend its obligations for the duration of the force majeure.
9. Intellectual property
M.H. RETAIL retains all intellectual property and other related rights with regard to the website and web shop. 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. Processing of personal data
11. Applicable law and court of competent jurisdiction
These Terms of Sale are exclusively governed and interpreted in accordance with Belgian law. All offers and agreements are governed exclusively by Belgian law.
The applicability of the Vienna Sales Convention is expressly excluded.
In the event of any dispute regarding the execution or interpretation of these Terms of Sale, M.H. RETAIL shall make every effort to find an amicable solution. Failing an amicable solution, the dispute may be submitted to a centre for arbitration and mediation (such as CEPANI). All disputes related to or arising from offers made by M.H. RETAIL, or agreements concluded with it, shall be submitted to the courts of the judicial district of GHENT.
© 2017 deJuristen ICT law & intellectual property (http://www.ictrecht.be). The information provided (general terms and conditions, privacy statement and disclaimer) is subject to copyright by operation of law, so that the information may not be reproduced or communicated without the prior and written consent of deJuristen (firstname.lastname@example.org). All applicable intellectual property rights are therefore retained.
The customer can return products up to 30 days after the order. The return cost will be deducted from the amount to be refunded. Only in case of damage or faulty delivery, Mistral Home will bear the cost.