Terms of use
Article 1 - Definitions
Article 2 - Identity of the economic operator
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - Prices
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Forward transactions : duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or derogatory provisions
Article 1 - Definitions
For the purposes of these conditions:
Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who concludes a distance contract with the trader;
Duration of transaction: a distance contract for a series of products and/or services where the delivery and/or purchase obligation is spread over time.
Durable data medium: any means that allows the consumer or professional to store information addressed personally to them in such a way that it can be accessed for subsequent use and reproduced identically.
Right of withdrawal: the consumer can cancel the contract remotely during the cooling-off period.
Model withdrawal form: the model withdrawal form provided by the professional that a consumer must complete if he wishes to exercise his right of withdrawal.
Entrepreneur: natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: contract in which, as part of a system for the distance sale of goods and/or services organized by the merchant, exclusive use is made of one or more distance communication techniques until the contract is concluded.
Means of distance communication: means by which a contract can be concluded without the consumer and the professional being together in the same room at the same time.
General conditions: these are the contracting party's general conditions.
Article 2 - Identity of the contracting party
Jack & Troy BV s/a Moi et Marie®
29 Suikerbiet Street
8630 Furnes
Belgium
Article 3 - Applicability
These general terms and conditions apply to all offers made by the merchant and to all distance contracts concluded between the merchant and the consumer.
The text of these general terms and conditions shall be made available to the consumer prior to the conclusion of the distance contract. If this is not reasonably possible, it will be indicated, before the conclusion of the distance contract, that the general terms and conditions can be consulted at the merchant's premises and will be sent free of charge as soon as possible upon the consumer's request.
Notwithstanding the previous paragraph, if the distance contract is concluded electronically, the text of these conditions will be made available to the consumer electronically before the conclusion of the contract, in a manner that allows the consumer to easily read it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically, and, upon request, they will be sent electronically or otherwise free of charge, prior to the conclusion of the distance contract.
Insofar as product- or service-specific terms and conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis. In the event of a conflict between the general terms and conditions, the consumer may always rely on the most favorable applicable provision.
If one or more provisions of these general terms and conditions are or become invalid, in whole or in part, at any time, the agreement and the general terms and conditions will remain in force, and the invalid provision will be immediately replaced, after mutual consultation, with a provision that retains as far as possible the scope of the original determination.
Circumstances not covered by these General Terms and Conditions shall be assessed 'within the meaning of' these General Terms and Conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted 'within the meaning of' these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is not binding. The contractor reserves the right to modify and supplement the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to enable the consumer to properly assess the offer. If the contractor uses images, they must be a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the contractor.
All images, specifications, and data in the quotation are indicative and may not give rise to compensation or termination of the contract.
Product images are a faithful representation of the products offered. The dealer cannot guarantee that the colors depicted correspond exactly to the actual colors of the products.
Each offer includes information to ensure that the consumer is aware of the rights and obligations associated with accepting the offer.
This includes :
- either the price is inclusive of all taxes;
- any delivery charges;
- how the agreement is to be reached and what steps are to be taken
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the contract;
- the time limit for acceptance of the offer or the time limit within which the trader guarantees the price;
- the amount of compensation for distance communication, if the costs of using the distance communication technology are calculated on a different basis from the normal basic tariff for the technology used;
- whether the contract is archived after its conclusion and, if so, how the consumer can consult the contract;
- how the consumer, before concluding the contract, can check and, if he wishes, correct the information he has provided in connection with the contract;
- any language in which the contract may be concluded other than Dutch;
- the codes of conduct to which the trader is subject and how the consumer can consult them electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The agreement
Without prejudice to article 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions laid down.
If the consumer has accepted the offer by electronic means, the trader shall immediately acknowledge receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may withdraw from the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure Internet environment. Where the consumer has the option of paying electronically, the trader shall take appropriate security measures.
The trader may - within the limits of the law - enquire into the consumer's ability to fulfil his payment obligations, as well as into all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reason not to sign the contract, he has the right to refuse an order or request, stating his reasons, or to attach special conditions to performance.
The trader must send the following information with the product or service he supplies to the consumer, in writing or in such a way that the consumer can store this information in an accessible manner on a durable medium
the visiting address of the trader's business premises where the consumer can lodge a complaint;
the conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement of the exclusion of the right of withdrawal; information on existing guarantees and after-sales service;
the information set out in article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
the conditions for terminating the contract if its duration is greater than one year or if its duration is indefinite.
In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
On delivery of products: When purchasing products, the consumer has the right to withdraw from the contract without providing any reason within a period of 30 days. This cooling-off period begins the day after the consumer, or a representative appointed by the consumer, receives the product and notifies the seller.
During the cooling-off period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, the product must be returned to the seller, along with all accessories supplied, and where possible should be in its original condition and packaging. The product must not be worn, damaged, soiled, or washed, and all labels must remain attached to the item, if reasonably possible.
If the consumer wishes to exercise his right of withdrawal, he must inform the merchant within 30 days of receipt of the goods. The consumer must cancel the contract using the standard form. Once the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 30 days. The consumer must provide proof of the timely return of the delivered goods, e.g. proof of shipment. If the customer has not indicated that he wishes to exercise his right of withdrawal, or has not returned the product to the trader after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is concluded.
In the case of services:
In the case of services, the consumer has the option of cancelling the contract without giving reasons within a period of at least 30 days from the date of conclusion of the contract.
To exercise his right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the trader when making the offer and/or at the latest upon delivery.
Shipped goods must always be protected. If you wish to return (part of) your parcel, please send an e-mail to info@moi-et-marie.com
If the original purchase amount for the returned items is less than 50 euros (or if the entire package is returned), shipping costs will be charged as part of the refund. If items are exchanged for a new size or model, there is no additional charge and the new items will be shipped free of charge.
If returned items were purchased with a cumulative discount, the exchange of these items remains free of charge. If a refund is requested for a certain number of these items (and the cumulative discount no longer applies), the retained items will be invoiced at their normal price (as indicated on the site).
Article 7 - Costs in the event of withdrawal
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 14 days of withdrawal. This is provided that the goods have already been received by the contractor or that sufficient evidence can be provided that the goods have been returned in full.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible for products:
- brought by the trader according to the consumer's specifications;
- which are clearly of a personal nature;
- which, by their nature, cannot be returned;
- which may be damaged or age rapidly
- whose price is subject to fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer;
- for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services: For accommodation, transport, catering or leisure services which take place on a specific date or during a specific period; the delivery of which has begun with the consumer's express consent before the end of the withdrawal period; In connection with games of chance and lotteries
Article 9 - Rates
During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the merchant may offer products or services at variable prices, subject to fluctuations in the financial markets, over which the merchant has no control. The offer must mention these fluctuations and the fact that the prices indicated are indicative prices.
Price increases within three months of the conclusion of the contract are only authorized if they result from legal or statutory provisions.
Price increases occurring more than three months after the conclusion of the contract are only authorized if they result from legal or statutory provisions, or the consumer has the right to cancel the contract from the day the price increase takes effect. Prices quoted in the product or service offer include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or spelling errors, the contractor is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The contractor warrants that the products and/or services conform to the contract, the specifications stated in the offer, reasonable requirements for reliability and/or user-friendliness, and applicable legal provisions and government regulations in force at the time of conclusion of the contract. If the contract is concluded, the contractor also warrants that the product is suitable for uses other than normal use.
The warranty provided by the contractor, manufacturer, or importer does not affect any legal rights or claims the consumer may have against the contractor under the contract.
Any defects or incorrectly delivered products must be reported to the contractor in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The contractor's warranty period is the same as that of the manufacturer. However, the contractor is never responsible for the final suitability of the products for each individual consumer's application, nor for any advice on the use or application of the products.
The warranty does not apply if :
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party.
- The delivered products have been exposed to abnormal conditions or have been treated in some other way, through negligence or contrary to the contractor's instructions and/or the packaging.
- The defects are entirely or partially the result of regulations set by the government concerning the type or quality of the materials used.
Article 11 - Execution and performance
The contractor will exercise the utmost care when receiving and executing product orders and when assessing service requests. The delivery address is the one provided by the consumer to the contractor.
Subject to paragraph 4 of this article, the company will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract without charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from these times. Exceeding a delivery time does not entitle the consumer to compensation. In case of cancellation as referred to in paragraph 3 of this article, the contractor will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.
If the delivery of an ordered product is impossible, the contractor will attempt to provide a replacement item. No later than at the time of delivery, it must be clearly and understandably stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. Any return costs will be borne by the contractor.
The risk of damage and/or loss of the products is the responsibility of the contractor until the moment of delivery to the consumer or to a previously designated and notified representative, unless otherwise expressly agreed.
Article 12 - Performance operations: duration, termination and renewal
Pack:
The consumer may terminate a contract concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may also terminate a contract concluded for a fixed term, which involves the regular delivery of products (including electricity) or services, at any time before the end of the fixed term, subject to the agreed cancellation rules and a notice period of at least one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
or terminate at any time and not only at the end of a certain period or period;
or at least end in the same way as they were introduced by him;
- always by giving notice in the same manner as that given by the professional.
Expansion:
A contract for the regular supply of goods (including electricity) or services concluded for a fixed term may not be extended for a fixed term or tacitly renewed.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily, weekly, and news magazines may be tacitly extended for a fixed term not exceeding three months, provided the consumer terminates the extended contract at the end of the period. The contract extension may be terminated with a maximum notice period of one month.
A fixed-term contract for the regular supply of goods or provision of services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a maximum notice period of one month, and no more than three months if the agreement relates to the regular, but less than monthly, supply of newspapers, news articles, weeklies, and magazines.
A fixed-term contract for the regular supply of newspapers, press articles, weeklies, and magazines (trial or introductory subscription) is not tacitly extended and automatically terminates at the end of the trial or introductory period.
Duration If a contract has a duration of more than one year, the consumer may terminate it at any time after the expiry of one year, with a maximum notice period of one month, unless reasonableness and fairness preclude termination before the expiry of the period.
Article 13 - Payment
Unless otherwise agreed, the sums owed by the consumer will be paid within 7 working days from the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of services, this period begins after the consumer has received confirmation of the contract.
The consumer is obliged to immediately notify the contractor of any inaccuracies in the payment details provided or declared. In the event of non-payment by the consumer, the contractor has the right, subject to legal restrictions, to invoice the consumer in advance for reasonable costs incurred.
Article 14 - Complaints procedure
The employer has a sufficiently extensive complaints procedure and will deal with complaints in accordance with this procedure. Complaints concerning the application of the contract must be submitted to the contractor within 7 days of the consumer's discovery of the defects.
Complaints submitted to the contractor will receive a response within 14 days of the date of receipt. If a complaint requires a longer than expected processing time, the contractor must respond within 14 days by sending an acknowledgement of receipt and indicating when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises, which is subject to clarification of the complaint.
In the event of a complaint, the consumer must contact the contractor in the first instance. Complaints may also be lodged via the European ODR platform (http://ec.europa.eu/odr).
Complaints do not suspend the contractor's obligations, unless the contractor declares otherwise in writing.
If a complaint proves justified, the contractor has the option of exchanging or improving the delivered products free of charge.
Article 15 - Disputes
Only Belgian law applies to contracts between the contractor and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16
Provisions supplementing or derogating from these general terms and conditions may not be to the detriment of the consumer and must be in writing or in a form that is accessible to the consumer, and stored on a durable data medium.