General Terms and Conditions of Sale
1. Scope
These General Terms and Conditions of Sale (hereinafter the “T&Cs”) define the respective rights and obligations of the parties in the event of the purchase of products or services on the Platform by a User (hereinafter the “Customer”).
The T&Cs constitute the entire obligations of the parties. The Customer is deemed to accept them without reservation; otherwise, the order will not be validated.
Exceptions to the provisions of the T&Cs may be made where such exceptions have been agreed in writing. These exceptions may consist of the amendment, addition or removal of clauses to which they relate and shall not affect the application of the other provisions of the T&Cs.
Myriam Zahri reserves the right to amend the T&Cs from time to time. The amendments shall apply as soon as they are published online to any purchase made thereafter.
2. Online Store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services offered for sale, without the photographs having any contractual value.
The products or services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Seller shall not be held liable.
Products and services are offered subject to availability.
Prices and taxes are specified in the online store.
3. Prices
The Seller reserves the right to change its prices at any time by publishing them online.
Only the prices and taxes applicable at the time of the order shall apply, subject to availability on that date.
Prices are indicated in euros and do not include delivery charges, which are specified and invoiced in addition before the order is validated by the Customer.
The total amount of the order (all taxes included) and, where applicable, delivery charges are indicated before final validation of the order.
4. Online Order
The Customer may complete an online order form using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
To validate the order, the Customer must accept these T&Cs by clicking in the designated area.
The Customer must provide a valid email address, billing details and, where applicable, a delivery address. All communication with the Seller may take place via this email address.
The Customer must also choose a delivery method and validate the payment method.
The Seller reserves the right to block the Customer’s order in the event of non-payment, incorrect address or any other issue relating to the Customer’s account, until the issue is resolved.
5. Order Confirmation and Payment
The Seller retains ownership of the ordered items until full payment of the order has been received.
a. Payment
Payment is made by the Customer at the time of final validation of the order using the selected payment method. This validation constitutes a signature.
The Customer guarantees that they are authorised to use the chosen payment method and acknowledges that the information provided constitutes proof of consent to the sale and to the payment of the amounts due.
The Seller has implemented a verification procedure for orders and payment methods to reasonably protect against fraudulent use, including requesting identification data from the Customer.
In the event of refusal of payment authorisation by accredited institutions or non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.
b. Confirmation
Upon receipt of the purchase validation and payment, the Seller shall send confirmation to the Customer along with an invoice, unless the invoice is delivered with the order.
The Customer may request that the invoice be sent to a different address than the delivery address by contacting the Seller via email prior to delivery.
In the event of unavailability of a product or service, the Seller shall inform the Customer by email as soon as possible in order to replace or cancel the order and, where applicable, refund the corresponding amount, while the remainder of the order remains firm and final.
6. Proof
Communications, orders and payments between the Customer and the Seller may be evidenced by computerised records stored in the Seller’s IT systems under reasonable security conditions. Order forms and invoices are archived on a reliable and durable medium considered, in particular, as proof.
7. Delivery
Delivery shall only take place after confirmation of payment by the Seller’s banking institution.
Products are delivered to the address indicated by the Customer on the order form. Additional costs resulting from incomplete or incorrect information provided by the Customer shall be charged to the Customer. For availability reasons, an order may be delivered in several instalments.
Deliveries are made upon the Customer’s express request and their cost is calculated based on distance as well as the weight or size of the product. For more information, see Collection and Delivery Terms.
The Seller reserves the right to modify or cancel all or part of an order if the delivery location and/or date do not allow the Seller to guarantee delivery. In such cases, undelivered purchases may be refunded. No additional compensation may be claimed.
Delivery times are provided for information purposes only. No compensation may be claimed in the event of delay. If delivery exceeds thirty days from the order date, the sales contract may be terminated and the Customer refunded.
a. Order Verification
Upon receipt, the Customer or recipient must verify the condition of the delivered product or the conformity of the service.
If one or more products are missing or damaged, the Customer or recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller.
Verification is deemed completed once the order has been received without reservations.
Any reservation not made in accordance with these conditions and within the required timeframe shall not be taken into account and releases the Seller from liability.
b. Delivery Error
In the event of delivery error or non-conformity, the Customer must inform the Seller within three working days following delivery.
Any claim made outside this period shall not be taken into account and releases the Seller from liability.
c. Returns and Exchanges
Except in the case of damaged or non-conforming goods notified as described above, no returns are accepted.
Any claim or return not made in accordance with these rules and deadlines shall not be taken into account.
Any product to be exchanged or refunded must be returned in full and in its original packaging. Return costs are borne by the Customer.
8. Guarantees
The Seller guarantees the conformity of products or services in accordance with applicable law at the time of contract conclusion.
a. Legal Guarantee of Conformity
If the Customer is a consumer, they benefit from a two-year legal guarantee from delivery. For second-hand goods, the guarantee period is one year.
The lack of conformity must be reported as soon as possible and no later than two months after it is identified.
9. Right of Withdrawal
If the Customer is a consumer, they may exercise their legal right of withdrawal within 14 days following delivery or conclusion of the service contract.
After notifying their decision, the Customer has 14 days to return the goods.
Any withdrawal not made in accordance with these conditions shall not be taken into account.
The Customer may request a refund without penalty, except for return costs.
Products must be returned complete, intact and in their original condition and packaging.
The Seller shall refund all amounts paid, including delivery costs, within 14 days of receiving the goods or proof of return.
For digital content not supplied on a tangible medium, the Customer expressly waives their right of withdrawal to allow immediate delivery.
See below: Model Withdrawal Form
10. Force Majeure
If the Seller is prevented from performing the order due to unforeseen circumstances beyond its control, this constitutes force majeure.
In such a case, the Seller may suspend performance for the duration of the event and will inform the Customer immediately.
If force majeure lasts more than 90 days, either party may terminate the contract by registered letter. Services already performed will be invoiced proportionally.
11. Severability
If any provision is deemed illegal or invalid, this shall not affect the validity of the remaining provisions. The Seller may replace the invalid provision with a valid one of similar effect.
12. Applicable Law and Jurisdiction
These T&Cs are governed by Belgian law.
In the event of dispute and failing amicable resolution, the matter shall be brought before the courts of the judicial district of the Seller’s registered office.
MODEL WITHDRAWAL FORM
To the attention of:
Myriam Zahri
2, Hondenberg
1170 Brussels
Company number (BCE/VAT): BE 0752.635.272
Email: hello@machao.design
Phone: +32(0)472 54 34 72
I/We () hereby notify () my/our (*) withdrawal from the contract for the sale of the following goods:
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notified on paper):
Date:
(*) Delete as appropriate
Myriam Zahri • Hondenberg 2 • 1170 Brussels
+32 (0) 472 54 34 72 • VAT: BE 0752.635.272
IBAN: BE56 0689 3843 2688 • BIC: GKCCBEBB
hello@machao.design