Terms of Sales

 

Article 1: object

These conditions of sale are concluded, on the one hand, by the company MOLKA registered with the Carrefour Bank of Enterprises under the number BE 0734 488 750 hereinafter called "the seller" and, on the other hand, by any natural person or legal entity wishing to make a purchase via the seller's website, hereinafter referred to as "the buyer", www.molka.be

 

These conditions of sale aim to define the contractual relations between the seller and the buyer as well as the conditions applicable to any purchase made through the seller's site, whether the buyer is professional or consumer. No product will be sold to minors under the age of 16. For minors 16 years of age or older (up to 18 years of age), parental authorization is strictly necessary in order to place an order.


The acquisition of a good or a service through the site implies an unconditional acceptance by the buyer of these conditions of sale. These conditions of sale will prevail over any other general or specific conditions not expressly approved by the seller. The reference by the Customer to its own general conditions does not imply that the General conditions of the Customer are accepted. The seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.

 

 

Article 2: Characteristics of the goods and services offered

The products and services offered are those listed in the catalog published on the seller's site. Each product is accompanied by a description. The seller cannot however guarantee that certain characteristics of the products will not be changed after a certain time, this, in particular, in order to improve their quality. Despite all the care taken, errors in the presentation of the products are not to be excluded, in which case the seller's responsibility cannot in any case be engaged. In addition, the photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colors.

 

These products and services are offered while stocks last. If, despite his efforts, all or part of the items are unavailable, the seller informs the buyer by email as soon as possible and offers him the possibility of choosing between waiting or canceling the order of the unavailable items free of charge. Available items will be delivered normally.

 

 

Article 3: Prices

The prices of the products and services displayed on the site are indicated in euros all taxes included (VAT and other applicable taxes). Although all prices are displayed by the seller with the utmost care, material errors are always possible. Consequently, all prices on this website are therefore communicated to you subject to material errors or manifestly incorrect indication. In no case may the seller be held liable for a material error relating to the price of one of his products.

 

The seller reserves the right to change prices at any time. However, the prices applicable to the order are those in force at the time of confirmation thereof. The prices indicated are excluding transport costs, packaging costs (delivery) or other additional optional services. These fees depend on the size and characteristics of each specific order and cannot be fixed in advance; depending on the size and weight of the order, the transport costs will vary, provided that they take place in the geographic areas provided below.

 

Article 4: Geographical areas and transport

The online sale of products and services presented on the seller's site is reserved for buyers who reside in Belgium, France, the Grand Duchy of Luxembourg or the Netherlands and for deliveries required in these geographic areas.

 

Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. The goods are transported at the risk of the seller until the delivery of the goods to the delivery address specified by the buyer. From this moment, the buyer assumes the risks alone. Delivery times are given for information only.

In the event of force majeure and other unforeseeable and extraordinary circumstances and circumstances beyond the seller's control, which include in particular: disruption of activities due to fire, water damage and comparable circumstances, l interruption of production facilities and machines, exceeding delivery times or interruption of delivery by our suppliers, as well as interruption of activity due to lack of raw materials, energy and labor , strikes, blockages, problems with transportation, traffic jams and government intervention, the seller is authorized to suspend delivery or service for the duration of this obstacle for a reasonable period. When delivery or service is thus delayed by more than one (1) month, the seller and the Customer have the right, without any compensation, to terminate the contract in writing up to the quantities concerned by the interruption Delivery.

 

 

Article 5: Orders

The buyer, who wishes to buy a product or service must:

Fill in the identification form on which he will indicate all the contact details requested;

Complete the online order form giving all the references of the products or services chosen;

Confirm your order after checking it;

Make the payment under the conditions provided;

Confirm your order and payment.

 

The confirmation of the order implies acceptance of these conditions of sale, the acknowledgment of having perfect knowledge of it and the waiver of availing oneself of its own purchasing conditions or other conditions. All the data provided and the confirmation recorded will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions. The seller will send confirmation of the recorded order by email.

 

 

 

Article 6: Right of withdrawal

In accordance with the law, the consumer has the right to notify the seller that he renounces his purchase, without penalty and without giving any reason, within 30 working days from the day after the day of delivery of the product. This right of cancellation does not belong to the professional buyer.

 

Within this period, the consumer must notify his intention to renounce by e-mail to contact@molka.be and return, at his expense and risk, the product delivered. The products must be returned in their original packaging, undamaged, accompanied by all their accessories. The returned products must not have been unwrapped, unsealed, used in any way. Incomplete, damaged, damaged or soiled goods by the customer will not be accepted.

 

Within 30 days, after acceptance of the return of the goods, the seller agrees to reimburse the possible payment, except for the shipping costs. Unless otherwise agreed, the consumer may not in particular exercise the right of withdrawal for contracts:

1 ° the supply of services whose execution started with the consumer's agreement before the end of the renunciation period;
2 ° the supply of products made according to the consumer's specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire quickly.

 

 

Article 7: Payment terms

Payment is made by Paypal, bank card, Visa or Mastercard.

The items ordered remain the exclusive property of the seller until full payment of the order by the buyer. In addition, any late payment will give rise, after an initial formal notice, to the payment of default interest at the legal rate. You will also be liable for a fixed penalty clause of 10%, capped at € 1,250.00, calculated on the total amount remaining due in principal.

Article 8: Guarantee

In accordance with the law of September 1, 2004 relating to the protection of consumers in the event of the sale of consumer goods, the Consumer benefits from the legal guarantee of two (2) years for any lack of conformity of goods existing at the time of their delivery and which appears within two years of this. Articles 1649bis to 1649octies inclusive of the Civil Code apply. This guarantee is limited to Belgian territory.

 

In the event of non-conformity of a product sold noted within 2 months of the delivery of the good, the consumer must notify it as quickly as possible to the seller in a precise manner by registered letter. This warranty only covers defects of conformity existing at the time of delivery of the goods. Defects or damage due to improper use, such as water damage, oxidation, fall or shock, neglect and wear, are not covered by the warranty. Likewise, repairs carried out by technicians not approved by the supplier, will give rise to the cancellation of the warranty. The invoice or delivery note acts as a guarantee title and must be kept by the consumer and produced in original.

 

The warranty for customers who are not consumers is governed in the same way as the warranty for consumers except that it is limited to one (1) year from the time of delivery.

 

Obvious defects, to be discovered without thorough control, incorrect deliveries and quantitative discrepancies must be reported immediately and in writing to the seller, including a detailed statement of the reasons, and in any case no later than ten (10) working days after the receipt of products.

 

The customer is personally responsible for checking whether the products delivered are not defective, as well as for checking whether they are suitable for the desired destination.

 

Article 9: Responsibilities

The seller, in the online sales process, is only bound by an obligation of means; its responsibility could not be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, breakdown of the service, or other involuntary problems. The data on the site is also given in good faith. The links offered to the websites of manufacturers and / or partners are given for information. The seller cannot be held responsible for information from these sites.

 

Article 10: Protection of privacy

The personal data of customers are collected and processed by the seller:

in the context of order tracking for customer management and order management purposes;

in the context of purchasing profiling and sending commercial communications for marketing purposes.


The user also authorizes the seller to use this data to establish statistics in order to improve his site, the goods and the service he offers. This information can also be used to enable the dissemination, by any means of communication, of information relating to the seller's commercial activities to its customers. The seller finally retains personal data to facilitate subsequent orders. The data kept by the seller can be requested and corrected at any time upon request.

 

Article 11: competent jurisdiction and applicable law

Any dispute arising from the contractual relationship between the Seller and the Customer (professional, that is to say excluding a consumer Customer) is the exclusive jurisdiction of the Courts and Tribunals of the judicial district of Brussels.

 

Belgian law is applicable to the contractual relationship between MOLKA and the Client.