Terms and conditions
1. Identity of the company
Miss Marie
Delaere Projects BV
Delaerestraat 6A
8800 Roeselare
Belgium
Email: [email protected]
IBAN: BE85 7370 5944 7606
VAT: BE0778.962.458
2. General
These terms and conditions apply to all orders. These conditions are accessible to everyone and included on the website.
By placing an order you indicate that you agree with the terms of delivery and payment. Miss Marie reserves the right to change its delivery and/or payment conditions after the term has expired.
Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Miss Marie. Miss Marie guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
3. Delivery
Delivery takes place while stocks last.
In the context of the rules of the distance selling act, Miss Marie will execute orders within 30 days at least. If this is not possible (because the ordered item is out of stock or no longer available), there is a delay for other reasons or an order cannot or only partially be executed, the consumer will be notified within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.
Miss Marie's delivery obligation will be fulfilled, subject to evidence to the contrary, once the goods delivered by Miss Marie have been offered to the customer. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer for delivery.
All terms stated on the website are indicative. No rights can therefore be derived from the stated periods.
4. Prices
Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.
All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
All prices on the site are in Euros and include 21% VAT.
5. Trial period / Right of withdrawal
In the case of a consumer purchase, in accordance with the distance selling act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts at the moment that the ordered goods have been delivered. If the customer has not returned the delivered goods to Miss Marie after this period, the purchase is a fact. The customer is obliged, before proceeding to return, to report this in writing to Miss Marie within the period of 14 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way at the customer, the right to dissolution within the meaning of this paragraph lapses. With due observance of the provisions of the previous sentence, Miss Marie ensures that the full purchase price, excluding the shipping costs incurred, is refunded to the customer within 14 working days after receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the customer.
The right of withdrawal does not apply to: - Services whose performance, with the consent of the consumer, has started before the period of seven working days. – Goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence. – Goods that have been manufactured according to the consumer's specifications, for example custom work, or that have a clear personal character. – For goods or services that cannot be returned due to their nature, for example due to hygiene or that can spoil or age quickly. – Audio and video recordings and computer software of which the consumer has broken the seal. – The delivery of newspapers and magazines; for betting and lottery services.
If the consumer makes use of his right of withdrawal, the costs for return shipment will be borne by the consumer.
6. Data Management
If you place an order with Miss Marie, your details will be included in the customer database. Miss Marie adheres to the Personal Registrations Act and will not provide your details to third parties. See our Privacy Policy.
Miss Marie respects the privacy of the users of the website and ensures that your personal data is treated confidentially.
7. Guarantee
Miss Marie guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty of the product delivered to you.
Miss Marie's warranty period corresponds to the manufacturer's warranty period. However, Miss Marie is never responsible for the ultimate suitability of the items for each individual application by the customer, nor for any advice regarding the use or application of the items.
The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer (before proceeding to return it to Miss Marie) must immediately report these defects to Miss Marie in writing. Any defects or incorrectly delivered goods must and can be reported to Miss Marie in writing no later than 14 days after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after detection of defect, damage caused after detection of defect, encumbrance and/or resale after detection of defect, this right to complain and return expires completely.
If complaints from the customer are found to be well-founded by Miss Marie, Miss Marie will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer about compensation, on the understanding that Miss Marie's liability and therefore the amount of the compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the discretion of Miss Marie) to the maximum amount covered by Miss Marie's liability insurance in the relevant case. Any liability of Miss Marie for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
Miss Marie is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
This guarantee does not apply if: A) and as long as the customer is in default towards Miss Marie; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise carelessly treated or have been treated contrary to Miss Marie's instructions and/or instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
8. Offers
Offers are without obligation, unless stated otherwise in the offer.
Upon acceptance of a non-binding offer by the buyer, Miss Marie reserves the right to revoke or deviate from the offer within a period of 3 working days after receipt of that acceptance. Oral promises only bind Miss Marie after they have been confirmed explicitly and in writing. Offers from Miss Marie do not automatically apply to repeat orders.
Miss Marie cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error. Additions, changes and/or further agreements are only valid if agreed in writing.
9. Agreement
An agreement between Miss Marie and a customer is established after an order assignment has been assessed for feasibility by Miss Marie.
Miss Marie reserves the right, without giving reasons, not to accept orders or assignments or to accept them only under the condition that the shipment is made cash on delivery or after payment in advance.
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after delivery of the goods.
10. Pictures and Specifications
All images; photos, drawings, etc.; including data regarding weights, dimensions, colors, images of labels, etc. on the website of Miss Marie are only approximate, are indicative and cannot give rise to compensation or dissolution of the agreement.
11. Force Majeure
Miss Marie is not liable if and insofar as her obligations cannot be fulfilled due to force majeure.
Force majeure is understood to mean any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delays in or non-performance by our suppliers, disruptions in the internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or or manufacturers of as well as auxiliary persons, illness of personnel, defects in aids or means of transport are expressly regarded as force majeure.
In the event of force majeure, Miss Marie reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is Miss Marie obliged to pay any fine or compensation.
If Miss Marie has already partially fulfilled her obligations upon the commencement of the force majeure, or can only partially fulfill her obligations, she is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
12. Liability
Miss Marie is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
13. Retention of Title
Ownership of all goods sold and delivered by Miss Marie to the customer remains with Miss Marie as long as the customer has not paid Miss Marie's claims under the agreement or previous or later similar agreements, as long as the customer has not completed the work performed or still to be performed. from this or similar agreements has not yet paid and as long as the customer has not yet paid Miss Marie's claims due to failure to comply with such obligations, including claims in respect of fines, interest and costs, all as referred to in article 3:92 Dutch Civil Code.
The goods delivered by Miss Marie that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title. The customer already now gives unconditional and irrevocable permission to Miss Marie or a third party to be appointed by Miss Marie to enter all those places where her property will be located and those goods there in all cases in which Miss Marie wishes to exercise her property rights. to bring along.
If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Miss Marie of this as soon as may reasonably be expected. The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Miss Marie on first request.
14. Give Away
When we do a giveaway on our Instagram or Facebook page, this corresponds to a voucher that we give away. The voucher is valid for 3 months. This means that the voucher can expire! For example: You win a giveaway on January 1, 2023, then it expires on March 31, 2023. The voucher is no longer valid on April 1, 2023!
When announcing the winner, we will contact the winner personally and provide the necessary explanation.
If the person in question has not been heard from for three months, and therefore has not made any purchases, then this person is no longer entitled to the voucher!
