TERMS AND CONDITIONS
Florastraat 20, 9820 Merelbeke
0486/76.81.79 – 0494/17.98.80
Article 1: General provisions
The e-commerce website of Moniëlle, a VOF with its registered office at Florastraat 20, 9820 Merelbeke, VAT BE0672.413.304, RPR Gent (hereinafter ’Moniëlle’) provides its customers with the option of buying products from its webshop.
These general Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Moniëlle, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Moniëlle.
Article 2: Price
All prices listed are expressed in EURO.
Orders from EU countries will show prices in Euros including 21% VAT
Orders from all other countries (no EU countries) are displayed without VAT.
Moniëlle reserves the right to alter the prices quoted on the Moniëlle website without notice. Moniëlle will not be liable to the Customer or any third party for price changes.
Shipping and other costs are applied per order. All possible extra costs concerning shipping, such as import and export duties, as well as all other taxes imposed in respect of the product, the shipping and customs clearance shall be at the customer’s expense. Such costs or expenses which have been paid by Moniëlle, shall be charged to the customer.
In case of a custom-made order, prices will be communicated to the customer via e-mail.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Moniëlle. With respect to the accuracy and completeness of the provided information, Moniëlle is solely bound to obligation of means. Moniëlle is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance.
• Through our contact page or
• By sending an e-mail to firstname.lastname@example.org
If you are not sure about the color, it is possible to ASK FOR A SMALL LEATHER SAMPLE.
Send an e-mail to email@example.com with the topic ‘test sample’ + ‘product name’ and your address.
(This additional service is free for Belgium customers. For customers from other countries a small postage fee will be first communicated via e-mail)
The product selection is valid while stocks last and may at any time be changed or withdrawn by Moniëlle. Moniëlle cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
Ordering process via website:
• Go to our webshop by clicking this link: https://monielle.be/shop/
• Choose the product you want and adjust the number of items you want.
• Click on ‘Add to Cart’ to add the product to your shopping cart.
• Hereafter you can continue shopping to add other products to your shopping cart or you can choose ‘view cart’ to check and/or finish your order.
• View cart: here you can check your added products and if needed, adjust the number of items you want or delete items.
• If you have a coupon code, you can type this code in the grey box named ‘COUPON CODE’. After typing in the code, you have to click on the box next to it with the text ‘APPLY COUPON CODE’. This way you confirm the code.
• Then you can check the shipping to see how much shipping costs you have to pay.
Choose your country and add your zip code to calculate shipping costs. A box with shipping options will appear (more about shipping in article 5).
• To compleet your order click the button ‘Proceed to Checkout’.
• Checkout page: here you fill in all your contact data or you LOG IN.
• You can also choose ere how you want to pay.
• At the bottom of the checkout page you see an overview of your order:
o Ordered products
o Price per product
o Shipping costs
o Total price
• If you click the button ‘place order’ then you will receive payment instructions for the payment method you have previously chosen. Only after payment your order will be confirmed.
The customer may choose between the following payment methods:
• By credit card
• By Bancontact
• Via bank transfer to account number BE55 7350 4566 3544 (please add your order number)
• via SEPA bank transfer
• via your PayPal account
Moniëlle is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
Articles ordered via this webshop will be delivered in:
Belgium, The Netherlands, Luxemburg, France, Germany, Finland, Greece, Spain, Hungary, Ireland, Polen, Portugal, Czechia, Sweden, Denemark, Italy, Austria, Bulgary, Cyprus, Estonia, Latvia, Lithuania, Malta, Romania, Slovenia, Slovakia, Switzerland, Norway, Russia, Andorra, Iceland, Liechtenstein, Moldova, Monaco, Ukraine, San Marino, Croatia, Armenia, Azerbeidzjan, Georgia, United Kingdom, Korea, Argentina, Australia, New Zealand, Qatar, United Arab Emirates, China, Hongkong, India, Japan, Malaysia, Singapore, Taiwan, South Africa, Canada, Turkey, Brasil, US
If the Customer’s country is not listed, but he/she would like to place an order, please send an e-mail to firstname.lastname@example.org to discuss the terms and costs of delivery.
In Belgium products are delivered by Bpost or DPD to the delivery address stipulated by the buyer.
Other countries: Bpost (Bpack World).
After completing your online order and payment you will receive updates about the delivery of your package.
Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered to the Customer’s delivery address within 30 days of receipt of the order. If this is impossible (because the ordered item is no longer in stock, or if the delivery is delayed for other reasons (e.g. longer delivery time of our suppliers) or if the ordered item is a custom-made item, you will receive a notice to inform you about this.
The Customer can indicate if he/she wants to pick up his/her order at our atelier. This option is without shipping charges. If the order is fulfilled the Customer will receive an e-mail or a phone call. And a date and time will be agreed upon to pick up the order at Moniëlle, Florastraat 20, 9820 Merelbeke.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Moniëlle
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Moniëlle.
Article 6: Retention of Title
Delivered articles remain the exclusive property of Moniëlle until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Moniëlle, e.g. to anyone who would attempt to seize articles that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Moniëlle.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date of the agreements where the Customer will receive separate deliveries of goods from the same order: “when the last of the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier”.
To exercise the right of withdrawal, the Customer must notify Moniëlle, Florastraat 20, 9820 Merelbeke, 0494 17 98 80 of 0486 76 81 79, email@example.com in an unambiguous statement (e.g. in writing by post or e-mail) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not obligatory.
To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the Customer has no later than 14 calendar days from the day that they notify Moniëlle of their decision to withdraw from the agreement to send back or hand over the goods to Moniëlle, Florastraat 20, 9820 Merelbeke. The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.
The direct costs for returning the goods shall be borne by the Customer.
If the returned product is reduced in value in any way, Moniëlle is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.
Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
If the Customer withdraws from the agreement, Moniëlle shall repay all payments received from the Customer up until that time including standard shipment costs with a maximum of 14 calendar days of the date that Moniëlle was notified by the Customer of their decision to withdraw from the agreement. For sales agreements, Moniëlle may wait on the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.
Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by Moniëlle will not be refunded.
Moniëlle shall repay the Customer by bank transfer. In any case, the Customer will not be charged any costs in connection with such repayment.
The Customer may not exercise the right of withdrawal for:
• service contracts after the provision of service has been completed in its entirety;
• the provision or supply of goods or services whose price depends on fluctuations in the financial market that Moniëlle has no influence upon and that may occur within the withdrawal period;
• the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person. (e.g. article as seen in webshop but in a specific color; custom-made orders, Customer’s initials and names on products;
• the delivery of goods that are irrevocably mixed with other products after delivery due to the nature of the goods.
• agreements where the Customer specifically requests Moniëlle to carry out urgent repairs or maintenance.
• the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities when the agreement stipulates a specific date or period of execution.
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.
For articles purchased online and are delivered to the home of the Customer, the Customer must contact the Moniëlle customer service and return the product at their own expense to Moniëlle.
Upon detection of a deficiency, the Customer must inform Moniëlle as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
The guarantee is not applicable on products with a shorter lifespan or on normal signs of wear.
Please follow the guidelines provided with each order. If there are any doubts about for example washing textile, please contact Moniëlle: 0494 17 98 80 of 0486 76 81 79 of firstname.lastname@example.org
The guarantee is not transferable.
Article 9: Customer Service
Moniëlle’s Customer service can be reached at:
*+32 (0) 486 76 81 79
*+32 (0) 494 17 98 80
or via e-mail: email@example.com
or by post:
Florastraat 20, 9820 Merelbeke, België
Any complaints can be made through the aforementioned customer services contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that Moniëlle is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Moniëlle is entitled to take back the unpaid or incompletely paid articles.
Article 11: Privacy
The responsible party for processing information, Moniëlle respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.
The personal information you share with us is used only for the following purposes: Moniëlle collects and processes customers’ personal data for customer and order management (customer administration, order/delivery follow-up, invoicing, solvency follow-up, profiling and the sending of marketing and personalised advertising).
You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Moniëlle, Florastraat 20, 9820 Merelbeke, firstname.lastname@example.org. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.
In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Moniëlle, Florastraat 20, 9820 Merelbeke, email@example.com.
We treat your information as confidential and shall not communicate, rent or sell it to third parties. It is possible that the personal information received from you may be communicated to our collaborating businesses to complete your order: for example to Sendcloud for shipment.
The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus Moniëlle has no access to your password.
Moniëlle saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.
If you have any questions about this privacy statement, please contact us at firstname.lastname@example.org .
During a visit to the website, cookies can be placed on your computer’s hard drive. A cookie is a text file placed by a website’s server in your computer’s browser or on your mobile device, whenever you visit a website. Cookies cannot be used to identify people, a cookie can only identify a machine.
On this website www.monielle.be cookies are used for:
‘First party cookies’ are technical cookies used by the visited website aimed at optimum operation of the website. Example: settings adjusted by the user during previous visits, or: a form with data previously completed by the user during previous visits.
‘Third Party cookies’ are cookies that do not originate from the website itself, but from third parties, e.g., a marketing or advertising plug-in. (For example, Facebook or Google Analytics cookies.]
You can adjust the settings on your Internet browser so that cookies are not accepted, that you receive a warning whenever a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this through your browser’s settings (through the help function). Do take into account that specific graphic elements may not appear correctly or that you will be unable to use specific applications.
Article 13: Invalidation – non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Moniëlle to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Moniëlle. In case of inconsistencies, the present Terms take precedence.
Moniëlle can change these Terms without preliminary notice. Each purchase after the change, implies acceptance of the new Terms by the Customer.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law – jurisdiction
Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of Ghent district have jurisdiction in the case of any disputes.
The Consumer has the right to go to the ODR-platform (http://ec.europa.eu/consumers/odr/).