General Terms and Conditions of Use
General
This Website is operated under the brand name "Marie Jo" by Van de Velde nv (hereinafter « us »/ « our »/ « we »/ « the Vendor »), located at Belgium, 9260 Schellebelle, Lageweg 4. We are registered in the HUB database for companies under the number 0448.746.744 and our VAT number is 448.746.744. You can contact us by e-mail contacten@mariejo.com or phone +32 9 365 21 00.
These are the terms and conditions (together with the documents referred to in it) (hereinafter jointly called "the Terms") governing the use of this Website and the terms and conditions on which we will supply any of the products ("Products"). Before you click on the "Buy Now" button to place the order, please make sure that you have read these Terms carefully and that you fully understand and agree with them. By using this Website or by placing an order, you are consenting to be bound by these Terms, which also contain our Privacy Policy. The Terms are subject to amendment, so you should read them carefully each time you place an order. The Website is only intended for sale to people with a valid delivery address in the following countries (jointly called “the Countries”):
We do not accept orders from people without a valid delivery address in these Countries or deliveries towards an address outside these Countries. By placing an order through this Website you warrant that you are:
- Legally capable of entering into binding contracts and at least 18 years old;
- Providing a valid address in the aforementioned Countries.
If you provide an incorrect delivery address or delivery address outside these Countries, we will not be liable for loss of Products or failure to deliver.
1. USE OF OUR WEBSITE
These Terms and any document expressly referred to in them have been designated to create a legally binding agreement between you and us protecting your rights as a customer and our rights as a business. Therefore they constitute the entire agreement between us and supersede any prior agreement.
If at any time during the term of this contract we fail to insist upon strict compliance of any of your obligations under the contract or these Terms or if we fail to exercise any rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us shall be effective unless expressly stated to be a waiver and communicated to you in writing. A waiver by us of any of these Terms shall not constitute a waiver of any subsequent default.
2. HOW THE CONTRACT IS FORMED
If you submit an order for goods via this Website by clicking 'Buy now', your order is an offer to us to buy goods on our Website.
After this you will receive an e-mail in which we acknowledge that we have received the order, including an order reference ("Order Confirmation"). However, this does not imply that your order has been accepted, since our Website does not constitute an offer for sale but only an invitation to treat. All orders are subject to an acceptation by us and we will confirm such acceptance to you by sending you an e-mail that the Products have been dispatched ("Shipment Confirmation"). Attached to the Confirmation of Shipment is the invoice. By placing an order, you agree to only receive a digital invoice. If we refuse an order, we will notify you by e-mail and if applicable will release the reservation of the purchase price on your credit card or refund any sum paid by you as soon as possible but in any event within 14 days as from the Order Confirmation.
The contract for the purchase of a Product between us ("the Contract") shall only exist as from the moment your order is accepted by us and will only relate to those Products whose dispatch has been confirmed in the Shipment Confirmation. The contract language is English.
We will not be obliged to deliver any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.
3. PRICES AND DELIVERY COSTS
Except in case of obvious errors, the prices of any Products will be as indicated on our Website at the moment you click the “Add to shopping bag” button. The prices include VAT but exclude delivery costs. The delivery costs will be added to the total amount as set out in Dispatch & Delivery. The delivery costs will also be clearly noted in the shopping basket and in the Order Confirmation. It is always possible that despite our best efforts some of the Products on our Website or the Delivery costs are incorrectly priced. In this case you will be informed of this error as soon as possible and you will have the right to cancel your order free of charge. Funds for this order already deducted from your account will be refunded as soon as possible but in any event within 14 days of your cancellation of the order.
4. PAYMENT
a. Payment for all Products must be by:
- Credit card (Visa, Mastercard) ·
- Paypal
- Apple Pay
- Google Pay
The availability of specific payment methods may be restricted in function of your order value. This Website operates with a first class Payment Service Provider, guaranteeing both first class online payment safety and protection against fraud attempts.
b. If you pay with Credit card, your credit card will be pre-authorized at the moment you receive the Order Confirmation and the actual charge of your credit card shall occur at the moment you receive the Order confirmation.
c. If you pay with Paypal, the charge of your card shall occur at the moment you receive the Order Confirmation.
d. We reserve the right not to proceed with the delivery and cancel your order when you have not fully paid any previously paid orders.
5. AVAILABILITY AND DELIVERY
Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.
We deliver within the aforementioned Countries only.
We will deliver the goods ordered by you to the address you gave us for delivery at the time you made your order on this site. Delivery will be made according to the information on the product pages after your order is accepted. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we will agree with you on an alternative delivery date. We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.
If you provide an incorrect delivery address or delivery address outside the listed Countries, we will not be liable for loss of the Products or failure to deliver.
6. RISK AND TITLE
You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.
7. RIGHT TO CANCEL
You have a right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive the goods. Where your order comprises multiple delivery shipments, the 14 days cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment to you. To exercise your right to cancel you must inform Marie Jo of your decision to cancel per telephone or by sending us a unilateral declaration by e-mail or post using the contact data set out above.
Standard returns policy
You can return your order free of charge by following the standard returns policy.
Alternative returns instructions
Please take into account that the suggested returns procedure on our delivery and returns page, which is free of charge, is not obligated. If you wish, you can also use the Model withdraw form (see Annexe 1 to these General Terms and Conditions) and send this together with the goods to the following address. In this case the return is at your expense: Van de Velde NV Returns Departement E-commerce Marie Jo Meerbos 22 9260 Wichelen Belgium.
Cancellation consequences
Following cancellation we will refund you the price paid for the cancelled order (or part of the ordered cancelled) less any collection or return charges (if any). We will also refund any standard delivery charges paid. In case you already made a payment to us, we will refund you once your return has been processed and not later than 14 days upon receipt of your return, provided your return has been accepted.
Defective goods
Without limiting your cancellation rights as set out above, if you are not satisfied with a product for any reason e.g. it is damaged or defective, please return the product to us. These goods may be sent back free of charge by returning them to us following the outlined returns instructions as mentioned on the delivery and returns page. Once we have acknowledged or confirmed the product’s defect or other problem, we will provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale. We will notify you of your refund for defective goods via e-mail within a reasonable period of time and will, in any case, refund you within 14 days of the day you sent the item(s) back to us, provided your return has been accepted.
Refunds procedure
In both cases (cancellation or defective goods) we will refund you using the same method of payment you initially used when placing your order. Where the goods show signs of unreasonable use, we reserve the right to withhold damages. For these goods, unreasonable use means handling the goods beyond what is reasonable to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop (f.e. removing labels). We may withhold any refund until we have received the goods or you have supplied proof of return for the goods. If at the time of purchase you received a discount on the full order, this discount is divided amongst the different articles pro rata the purchase price. If you return this order (partially), also the discount (partially) shall be taken into account and actual amount paid shall be refunded
8. LIABILITY AND DISCLAIMERS
- In connection with the Product purchased through our Website -
Our liability in connection with the Product purchased through our Website is strictly limited to the purchase price of that Product.
Nothing in these Terms shall exclude or limit in any way our liability:
a) For death or personal injury caused by our negligence b) For fraud or gross negligence or the gross negligence of our employees and agents; or c) For any matter for which it would be illegal or unlawful for us to exclude or limit or attempt to exclude or limit our liability.
All product descriptions, information and materials posted on this Website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible by law, but excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this clause will affect your statutory right as a consumer, or your Contract cancellation right as set out above.
- General rejection of liability -
While Van de Velde takes great care in the production and maintenance of this Website, it is unable to provide any explicit or implicit assurances of any nature with respect to this Website and its Content. Specifically, Van de Velde is unable to guarantee that the information in this Website is correct, accurate and complete, suitable for a specific purpose or up to date. Van de Velde is permitted to change or remove the information on this Website at any time without prior notice.
Except to the extent prohibited by law, Van de Velde rejects any explicit or implicit guarantee as to the tradability, satisfactory quality or suitability for a specific purpose, compatibility, protection, accuracy and non-violation of intellectual property rights. Neither Van de Velde nor any of its licensors, licensees, service providers or suppliers guarantee that this Website or any functionality in this Website shall function without interruption or defect, that defects will be corrected or that this Website or the servers that provide access to this Website are free of viruses or other harmful elements. Furthermore, Van de Velde cannot be held liable for any damage that may occur or that is purportedly related in any way to accessing or using this Website, including any damage caused to your hardware or software, among other things by viruses that infect your hardware or software as a consequence of accessing or using this Website. The use of appropriate anti-virus software is your exclusive responsibility.
You expressly accept (in the widest sense of the word in law) that Van de Velde cannot be held liable for any direct, indirect, incidental, exceptional or consequential damage. If you are dissatisfied with any part of the Website or are unable to accept any of the provisions of these Terms, your only recourse is to stop using this Website.
9. SELECTION OF OUTLETS IN THE STORE LOCATOR
The Visitor may use the Store Locator module in the Points of Sale section of the Website to locate outlets in their neighbourhood that sell Van de Velde products, by entering a postcode or place name. A selection is made on the basis of distribution density and geographical location using the following automated criteria:
If 10 or more matches are found, all matches are listed and the search area is not extended.
If fewer than 10 exact matches are found, the original search area of 9 km is extended 5 km in all directions until 5 or more matches are found (including exact matches). The maximum search area is 50 km.
Search area distances are as the crow flies and include all postcode zones partly or wholly within that area. All outlets in the Van de Velde database with one of these postcodes will be listed, even if they do not strictly fall within the search area.
Van de Velde endeavours to include in its Store Locator only those outlets that carry a certain number of its products. Van de Velde also endeavours to provide an indication of the degree to which its products are available at a given outlet. Objective and consistent criteria are used to determine this, based on the breadth and depth of products sold. The precise nature of these criteria is communicated to Van de Velde’s customers, who may request at any time more details about the figures used to reach these conclusions. Bearing in mind the confidentiality of these figures, no precise figures or numerical or detailed evaluations of a specific outlet are provided on the basis of these criteria.
10. EVENTS BEYOND OUR CONTROL
We will have no liability for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control, including, without limitation, strikes, lock-outs and other industrial disputes, breakdowns of systems or network access, flood, fire, explosion.
11. INTELLECTUAL PROPERTY RIGHTS
By using this Website, you acknowledge that it contains texts, layout, photos, illustrations, drawings, graphic elements and other elements (“Content”) protected by copyright, databank rights, trademarks, trade secrecy and/or other property rights. All Content is protected by the applicable copyright laws which govern copyrights held by Van de Velde with respect to the selection, coordination, classification and improvement of such Content.
Van de Velde’s commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also hold property rights on the Content they make available in this Website. The Content of the database is also protected by the exclusive right of the producer of the database, pursuant to which said producer is entitled to prohibit the retrieval and/or reuse of all or part of the contents of the database.
The reproduction, adaptation, change, translation, circulation, transmission, publication, display, licensing, use for the production of derivative works or other use of all or part of the Content in any form and by any means is accordingly prohibited without prior written permission from Van de Velde.
Unless stated otherwise, Van de Velde grants a non-exclusive, non-transferable and limited right to access, use and reproduce this Website and its content for your personal, non-commercial use, subject to the provisions of these Terms. You do not become the owner of Content displayed on your computer. The change or use of the Content for other purposes, particularly the use of the Content in printed form, on another website or network environment is strictly prohibited without prior permission.
By using this Website, you agree not to use any engine, spider or other automated means or manual process to check or copy the pages of this Website or any Content of this Website without prior written permission from Van de Velde. You undertake to use no means, software or routine to obstruct or try to obstruct the proper functioning of this Website. You also undertake to take no action that could generate an unreasonably or disproportionately heavy burden on the infrastructure of this Website.
12. TRADE MARKS, TRADE NAMES AND LOGO’S
All names, logos and other signs used on this Website, including the names ‘Rigby & Peller’, ‘Marie Jo’, ‘Marie Jo L’Aventure’, 'Andres Sarda', 'PrimaDonna Twist' and ‘PrimaDonna’, are legally protected traded marks and/or trade names of Van de Velde, associated companies or third parties. Any use of these or similar signs is prohibited without the prior written permission of Van de Velde or the right-holder.
13. LINKS
This Website may provide hyperlinks to other websites deemed potentially interesting to you but partly or wholly owned, controlled or managed by a third party. Such links are provided for your convenience and information only. Van de Velde does not check the content of these external websites and if you choose to click these hyperlinks, you do so at their own risk. Van de Velde bears no responsibility whatsoever regarding these external websites. The provision by Van de Velde of a link to a third-party website does not entail Van de Velde’s approval, endorsement or funding thereof or its affiliation to such a third party. Any mention of the products or services of a third party is provided for your convenience and information only and does not entail Van de Velde’s endorsement or recommendation of such products or services. Neither can Van de Velde be held liable for future changes to the linked websites. Linking to this Website is prohibited without prior written permission from Van de Velde.
14. COMPENSATION
You undertake to compensate, indemnify and if requested by Van de Velde, defend Van de Velde, its directors, employees, shareholders, agents and representatives vis-à-vis all claims of third parties and/or costs (including but not limited to reasonable lawyer’s fees and charges) ensuing from the incorrect use of our Website, your infringement of these Terms or any other user’s infringement of an intellectual property right or any other right of a person or entity.
15. OTHER PROVISIONS
Should any provision of these Terms prove unlawful, invalid or for any other reason unenforceable, these Terms will be interpreted as if the unlawful, invalid or unenforceable provision had never been included, and Van de Velde shall be entitled to remove this provision from these Terms without affecting the validity or enforceability of the other provisions. These Terms constitute the entire agreement between you and Van de Velde with respect to the content. You may contact Van de Velde by e-mail at contacten@mariejo.com or at the above postal address with any queries or concerns.
16. NOTICES
All notices you send to us must be sent to the contact details as set out above. We may give notice to you either by e-mail or posted address you provide to us when making a purchase. Notice will be deemed received and properly served 24 hours after an e-mail is sent or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
17. LAW AND JURISDICTION
These Terms are governed by Belgian law and any Contract formed via this Website will be governed by Belgian law, without prejudice to applicable mandatory law provisions. Any dispute with respect to this Website or these Terms of Use is the exclusive competence of the competent courts of Dendermonde, Belgium.
The European Commission has established an online platform for 'mutual consultation and dispute resolution', which you can consult via the link http://ec.europa.eu/odr/. We are prepared to take part in an extrajudicial dispute resolution.
Annexe 1
Model form for revocation (only fill in and return this form if you wish to revoke the agreement) — I hereby inform you that I revoke our agreement regarding the sale of the following goods — Goods — Ordered on — Order number — Name and first name — Address — Date