Conditions générales de vente
General Sales Conditions
Within the framework of the sale at distance (without the simultaneous physical presence of the parties), according to the Law of April, 6th 2010 of the Law of Commercial Practices, the Customer has the right to exert his right of retraction without having to pay penalties, except for the costs of returning the goods, within a period of 14 days, starting as from the day of reception of the goods by the Customer.
I.Preamble
This site is operated by Virgilesprl under the commercial name of « Maison BERHT ». (hereafter named: Maison BERHT, whose head office is located at av. Marnix 17, 1000 Brussels, Belgium, and has been registered with the Belgian Register of Commerce (BCE) under number 0674.821.278. Its VAT number is BE 0674.821.278 (“Seller”).
How to contact us?
Mail info@maisonberht.com
Phone +32478386696
Post address : av. Marnix 17, 1000, Brussels, Belgium - no shop at this address
II.Field of Implementation
The present general conditions of sale apply to all the orders placed at www.maisonberht.com.
Consequently, the fact for any person ordering a product offered on sale on www.maisonberht.com implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before his order.
Maisonberht reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on www.maisonberht.com are those accepted by the Customer at the time of placing the order.
By validating his/her order on the website the customer acknowledges having read and accepted present conditions without reserve, and renounces to take advantage of his/hers. No dispensation of these General Conditions is allowed without prior written confirmation.
III.Offers and acceptance of the order
All our offers are without engagement. We are only committed by an order in case that order has been confirmed by email or after we started with the execution of that order. The information about the products and the prices, the detailed order information, are made and communicated with the restriction of changes.
IV.Delivery
www.maisonberht.com sells from Belgium, to different EU countries. Wrong or not existing delivery addresses are the responsibility of the Customer and can result in extra costs. For delivery in a specific country, the Customer can contact www.maisonberht.com to have more information on delivery conditions to a specific country in the EU.
The given delivery times at www.maisonberht.comare not binding, and are used as an indication.
Orders placed online via the www.maisonberht.comsite are dealt with once the order is confirmed. The delivery of the products will then normally occur within 15 days, as also mentioned in the order confirmation. However, for some products, the delivery time will be longer than 15 days, which will always be mentioned in the specifications of the product, bought by the customer, as well as in the order confirmation.
The preparation and processing time of an order may be lengthened according to articles, and may require some more days. None delay in delivery can result in a breach of contract of the purchase or payment of claims in the advantage of the Customer, unless in case of deliberately delay.
Maison BERHT cannot be held responsible should an event of force majeure occur, affecting production, availability, transport or delivery of the product.
Where incorrect prices are named on www.maisonberht.comdue to technical errors and a purchase contract materialises on the basis of these incorrect prices, Maison BERHT is entitled to challenge the purchase contract even after having confirmed the order by e-mail, in which case payments already made by the customer are promptly refunded.
In case of non-delivery of the goods, the potential costs paid by the Customer are paid back without any interest or other compensation.
In case of non-availability of the product, Maison BERHT will inform the customer by email. If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to Maison BERHT. In this case, an option for the cancellation of the order, with a refund or a credit, will be also made to the Customer.
Maison BERHT has the right to do partial deliveries after communicating with the Customer. If the Customer wishes to receive the products immediately available more quickly, he is advised to isolate these articles in a separate order and will pay twice the delivery charges.
An email is automatically sent to the Customer at the time of dispatch of the Products subject to the email address indicated in the inscription form not containing an error.
Transport times depend on the place of delivery. Maison BERHT informs the Customers of the delivery times on a purely indicative basis, as given by the chosen transporter.
Transport charges are confirmed at the check out, before the final confirmation of the order. Transport charges will depend on the destination of delivery chosen as well as on weight and measurements.
Maison BERHT informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state.
V.Price
Prices indicated for each product are in Euro and are VAT inclusive. Delivery is only possible to the countries mentioned in the conditions of sale. Prices include the VAT applicable at the date of the order. Any variation of the VAT applicable rate may affect the sale price of the products of the catalog. However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.maisonberht.com site.
The product’s retail price is the one indicated on the website when the order is placed. This price does not include processing and delivery costs. These costs are invoiced as supplements and are clearly indicated before final validation of the order. Any other costs inherent to placing an order, such as connection or communication costs will be borne by the customer.
The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
VI.Payment
The Customer can pay his order online by Visa, Mastercard, Amex, Ideal or Bancontact. The Customer guarantees Maisonberht that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time of the processing of the order.
An order is only considered valid once payment has been accepted by the system chosen (Visa, Mastercard, Amex, Ideal, Bancontact). The data recorded by the payment system will constitute proof of all transactions.
Any fraudulent use of a payment method will in no way involve the responsibility of Maison BERHT, who will initiate legal proceedings against the fraudulent user. Maison BERHT reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. Maison BERHT notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
VII.Order and contract implementation
The order can only be placed online, and solely via the website www.maisonberht.com. The personal data and information provided by the customer when placing the order must be accurate. The click validating the order constitutes an irrevocable commitment on his/her part. Every order falls under the present General Conditions and only becomes contractual once an email has been sent, confirming the validation of the order by Maison BERHT, after acceptance of payment.
The product illustrations on the website are not part of the contractual field. Any change of packing, packaging and/or display of the product in general will in no way involve the responsibility of Maisonberht.
VIII.Transfer of ownership
Maison BERHT remains owner of the Products delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.
The transfer of ownership of the ordered product will take place as soon as the contract has been concluded, i.e. as soon as confirmation of the order’s validation has been sent, after acceptance of payment.
IX.Cancellation clause
Within the framework of the sale at distance (without the simultaneous physical presence of the parties), according to the Law of April, 6th 2010 of the Law of Commercial Practices, the Customer has the right to exert his right of retraction without having to pay penalties, except for the costs of returning the goods, within a period of 14 days, starting as from the day of reception of the goods by the Customer.
The customer must notify his/her cancellation by registered mail with acknowledgement of receipt, sent to: Maison BERHT, av. Marnix 17, 1000 Brussels, or by contacting Maison BERHT by mail info@maisonberht.com mentioning the order number and the reason for return. Maison BERHT will then indicate to the customer the steps to follow;
In all cases, the return is carried out at the Customer's own risk. It will be up to the customer to preserve any proof of return.
The returned products must be intact, in a perfect state for resale, and in original packing. They cannot have been worn, used or to have suffered even minimum deterioration, and in a state of perfect cleanliness. Any product which is damaged, incomplete, or whose original packing is deteriorated, will be neither refunded nor exchanged. This right of retraction is exerted without penalty, except for the transport charges which remain at the cost of the Customer.
In the event of having exercised the right of retraction, the Customer will receive, upon reception of the returned parcel and the validation by Maison BERHT's services, a confirmation email of the item having been returned. After validation, Maison BERHT will then refund the sum according conditions stated here-before. Maison BERHT will make all effort to refund the Customer within 10 days.
All the products on the site can be returned. In any case, the right to cancel does not apply for products which have a personal character or have been made according the specifications of the Customer. Also in case of delivery of services for which the execution has been done with consent of the Customer before the end of the cancellation period as mentioned before, cannot be returned.
X.Complaints
Maison BERHT reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as Maison BERHT of any anomaly (bumps, damage to the parcel, …) within two working days after the delivery of the goods.
In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. No complaint related to the state of the parcel can be accepted a posteriori by Maison BERHT.
All complaints or requests for information must be directed to info@maisonberht.com, so Maison BERHT can take the necessary measures as quickly as possible.
XI.Guarantees
In accordance with the Civil Code, the present provisions cannot deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of the hidden defects of the item being sold.
The Customer is expressly informed that Maison BERHT is not the producer of the un-printed vinyl used for the Maison BERHT products.
Consequently, in the event of damage caused to a person or a good by a defect of the vinyl itself, only the producer of this product can be held responsible by the Customer.
Maison BERHT cannot be held responsible in the event of the non-respect of legislation in the country where products are delivered. It is the responsibility of the Customer to check with local authorities the legality of importing and using the products and services being ordered.
Maison BERHT is not responsible for loss of profit and the legal responsibility is always limited to the amount of the purchase of the Customer.
XII.Force Majeur
Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.
Force majeure, as well as what is defined by the tribunals of the Belgian courts, will be considered to include the following: all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, - breakdown of telecommunications or network works not under control of the Customer.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.
XIII.Data protection and privacy policy
Maison BERHT complies with current Belgian legislation on privacy and data protection. Visitors or Customers of the www.maisonberht.com site have a constant right of access, modification, correction and suppression of the data which relate to them.
Maison BERHT is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay. Maison BERHT does NOT share with its trade partners the identity and the coordinates of its Users or Customers.
The site www.maisonberht.com uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular in reference to his orders in course. More information can be found here.
XIV.Intellectual Property
The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world, and may not be copied or put to any other use, except in the case of preliminary authorization by Maisonberht. As all Maison BERHT's designs were self-created, any total or partial reproduction of the Maison BERHT's products is strictly prohibited.
Any person having an Internet site wishing to place on his site a simple link directly to the www.maisonberht.com site must request authorization from Maison BERHT. An authorization given by Maisonberht will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from Maisonberht, this link will have to be removed.
XV.Entirety of conditions
A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in Belgium.
Relations between Maison BERHT and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.maisonberht.com site.
XVI.Applicable legislation and area of jurisdiction
All agreements of Maison BERHT with the Customer are controlled by The Belgian Law. The Belgian Courts are exclusively competent. Belgian law is the only law applicable in case of litigation and if no amicable agreement can be reached. Only the Law Courts of Brussels have legal competence, regardless of the place of delivery and/or residence of the customer.