Terms of service
Article 1 - Definitions
Article 2 – Identity of the economic operator
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 - Pricing
Article 10 – Compliance and warranty
Article 11 – Delivery and performance
Article 12 – Forward transactions: duration, termination, and extension
Article 13 – Payment
Article 14 - Claim procedure
Article 15 – Disputes
Article 16 – Additional or derogatory provisions
Article 1 - Definitions
For the purposes of these conditions:
Withdrawal period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the merchant;
Duration transaction: distance contract concerning a series of products and/or services whose delivery and/or purchase obligation extends over time.
Durable data carrier: any means that allows the consumer or the professional to store information personally addressed to them in a way that makes this information accessible for future use, and to reproduce the stored information identically.
Right of withdrawal: the possibility for the consumer to terminate the distance contract during the reflection period.
Model withdrawal form: the model withdrawal form provided by the professional that a consumer must fill out if they wish to exercise their right of withdrawal.
Entrepreneur: natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: contract in which, within the framework of a distance selling system of goods and/or services organized by the merchant, one or more means of distance communication are used exclusively until the conclusion of the contract.
Means of distance communication: means by which a contract can be concluded without the consumer and the professional being together in the same room at the same time.
General terms and conditions: These are the general terms and conditions of the contracting party.
Article 2 – Identity of the contracting party
Jack & Troy BV s/a Moi et Marie®
Suikerbiet Street 29
8630 Furnes
Belgium
Article 3 – Applicability
These general terms and conditions apply to any offer from the merchant and to any distance contract concluded between the merchant and the consumer.
The text of these general terms and conditions is made available to the consumer before the conclusion of the distance contract. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the general terms and conditions can be consulted at the merchant's premises and will be sent free of charge as soon as possible upon the consumer's request.
Notwithstanding the previous paragraph, if the distance contract is concluded electronically, the text of these conditions will be made available to the consumer electronically before the conclusion of the distance contract so that it can be easily read by the consumer on a durable data medium. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated where the general conditions can be consulted electronically at the consumer's request and can be sent electronically or otherwise free of charge.
To the extent that specific general conditions for a product or service apply in addition to these general conditions, paragraphs 2 and 3 apply mutatis mutandis and in case of conflict between the general conditions, the consumer can always rely on the most favorable applicable provision.
If one or more provisions of these general conditions are or become invalid in whole or in part at any time, the agreement and these general conditions will remain in effect and the concerned provision will be immediately replaced, after mutual consultation, by a provision that preserves as much as possible the scope of the original determination.
Circumstances not regulated in these GTC will be assessed "in the sense" of these GTC.
Any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the sense of" these General Terms and Conditions.
Article 4 – The offer
If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
The offer is not binding. The contractor has the right to modify and complete the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description must be detailed enough to allow the consumer to properly assess the offer. If the contractor uses images, these must be a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the contractor.
All images, specifications, and quote data are indicative and cannot give rise to compensation or contract termination.
The product images are a faithful representation of the products offered. The Dealer cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains information so that the consumer is aware of the rights and obligations associated with accepting the offer.
This specifically concerns:
• the price includes all taxes;
• any delivery charges;
• how the agreement will be concluded and what measures must be taken
• whether the right of withdrawal applies or not;
• the method of payment, delivery, and execution of the contract;
• the acceptance period of the offer or the period in which the merchant guarantees the price;
• the amount of compensation for distance communication, if the costs of using the distance communication technology are calculated on a basis different from the normal basic rate for the technology used;
• whether the contract is archived after its conclusion and, if so, how the consumer can consult the contract;
• how the consumer, before concluding the contract, can verify and, if desired, correct the information provided in the context of the contract;
• any language in which the contract can be concluded other than Dutch;
• the codes of conduct to which the professional is subject and how the consumer can consult them electronically; and
• the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The agreement
Without prejudice to Article 4, the contract is concluded when the consumer accepts the offer and meets the set conditions.
If the consumer has accepted the offer electronically, the professional will immediately acknowledge receipt of the acceptance of the offer electronically. As long as this acceptance receipt has not been confirmed by the professional, the consumer may cancel the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure Internet environment. When the consumer has the option to pay electronically, the merchant takes appropriate security measures.
The professional may - within the limits of the law - inquire about the consumer's ability to fulfill their payment obligations, as well as any important facts and factors for a responsible conclusion of the distance contract. If, based on this inquiry, the entrepreneur has good reasons not to sign the contract, they have the right to refuse an order or request with justification or to attach special conditions to the execution.
The professional must send the following information with the product or service provided to the consumer, in writing or in a way that allows the consumer to store this information in an accessible manner on a durable medium
the visiting address of the professional's business premises where the consumer can file a complaint;
the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement excluding the right of withdrawal; information on existing warranties and after-sales service;
the information provided for in Article 4(3) of these terms, unless the professional has already provided this information to the consumer before the contract is executed;
the conditions for terminating the contract if its duration is longer than one year or if its duration is indefinite.
In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is concluded subject to the condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
Upon delivery of the products: When purchasing products, the consumer has the option to cancel the contract without giving reasons within 30 days. This reflection period starts the day after the consumer or a representative designated by them receives the product and notifies the merchant.
During the reflection period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product with all supplied accessories and - as far as possible - in its original condition and packaging to the merchant, after the merchant has provided them with adequate and clear instructions. Items must not be worn, damaged, soiled, or washed, and all tags must always remain attached to the item if reasonably possible.
If the consumer wishes to exercise their right of withdrawal, they must inform the merchant within 30 days of receiving the goods. The consumer must cancel the contract using the standard form. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must provide proof of return within the deadline for the delivered goods, for example by proof of shipment. If the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the merchant after the deadlines referred to in paragraphs 2 and 3 have expired, the purchase is concluded.
In the case of service provisions:
In the case of services, the consumer has the option to terminate the contract without giving reasons within at least 30 days from the date of conclusion of the contract.
To exercise the right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the professional when presenting the offer and/or at the latest upon delivery.
Shipped goods must always be protected. If you wish to return (part of) your package, you can request this by email at info@moi-et-marie.com
If the initial purchase amount due to the returned items is less than 50 euros (or if the entire package is returned), shipping costs will be charged as part of the refund. If the items are exchanged for a new size or model, there are no additional fees and the new items will be shipped free of charge.
If returned items were purchased with a cumulative discount, exchanging these items remains free. If a refund is requested for a certain number of these items (and the cumulative discount no longer applies), the retained items will be charged at their normal price (as indicated on the site).
Article 7 – Costs in case of withdrawal
If the consumer has paid an amount, the professional will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided that the goods have already been received by the entrepreneur or sufficient proof can be provided that the goods have been fully returned.
Article 8 – Exclusion of the right of withdrawal
The professional may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible for products:
• provided by the trader according to the consumer's specifications;
• that are clearly of a personal nature;
• that, by their nature, cannot be returned;
• that can be damaged or age quickly;
• whose price is subject to fluctuations in the financial market over which the trader has no control;
• for individual newspapers and magazines;
• for audio and video recordings and computer software whose seal has been broken by the consumer;
• for hygienic products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services: For accommodation, transport, catering, or leisure activities that take place on a specific date or during a determined period; whose delivery has begun with the express consent of the consumer before the end of the withdrawal period; In connection with gambling and lotteries
Article 9 - Pricing
During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the merchant may offer products or services at variable prices, whose prices are subject to financial market fluctuations and over which they have no influence. The offer must mention these fluctuation commitments and the fact that the prices indicated are indicative prices.
Price increases within three months following the conclusion of the contract are only allowed if they result from legal or statutory provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if they result from regulatory or legal provisions; or the consumer has the right to terminate the contract from the day the price increase takes effect. Prices indicated in the product or service offer include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and spelling mistakes, the contractor is not obliged to deliver the product at an incorrect price.
Article 10 – Compliance and warranty
The contractor guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions applicable at the date of contract conclusion and/or government regulations. If the contract is concluded, the contractor also guarantees that the product is suitable for use other than normal.
The warranty provided by the contractor, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the contractor under the contract.
Any defect or incorrectly delivered product must be reported in writing to the contractor within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period is the same as that of the manufacturer. However, the entrepreneur is never responsible for the final suitability of the products for each individual application of the consumer, nor for advice on the use or application of the products.
The warranty does not apply if:
• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by a third party.
• The delivered products have been exposed to abnormal conditions or have been treated otherwise, through negligence or contrary to the instructions of the contracting party and/or on the packaging;
• Defects are wholly or partly the result of regulations established or to be established by the government regarding the type or quality of materials used.
Article 11 – Execution and performance
The entrepreneur will exercise the greatest care when receiving and executing product orders and when evaluating service requests. The place of delivery is the address the consumer has communicated to the contracting party.
Subject to paragraph 4 of this article, the company will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from these times. Exceeding a delivery time does not entitle the consumer to compensation. In case of termination referred to in paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product is impossible, the entrepreneur will try to provide a replacement item. At the latest upon delivery, it must be clearly and understandably indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. Any return costs will be borne by the contracting party.
The risk of damage and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or to a previously designated and announced representative, unless otherwise expressly agreed.
Article 12 - Execution operations: duration, termination, and renewal
Wrap-up:
The consumer may terminate at any time an indefinite-term contract extending to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a maximum notice period of one month.
The consumer may conclude a fixed-term contract extending to the regular delivery of products (including electricity) or services at any time until the end of the fixed term, taking into account the agreed cancellation rules and a notice period of at least one month maximum.
The consumer may terminate the contracts referred to in the previous paragraphs:
or terminate at any time and not only at the end of a certain period or term;
or at least end in the same way as they were introduced by them;
• always end with the same statement as made by the professional.
Expansion:
A fixed-term contract for the regular supply of goods (including electricity) or services cannot be extended for a fixed period nor tacitly renewed.
Notwithstanding the previous paragraph, a fixed-term contract concerning the regular delivery of daily newspapers and magazines, information, and weeklies may be tacitly extended for a fixed period not exceeding three months, if the consumer terminates the extended contract at the end of the period. The contract extension can be terminated with a maximum notice period of one month.
A fixed-term contract for the regular delivery of goods or the provision of services can only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a maximum notice period of one month, and no more than three months if the agreement concerns the regular supply, but less than a monthly quantity, of newspapers, press articles, weeklies, and magazines.
A fixed-term contract for the regular delivery of newspapers, press articles, weeklies, and magazines (trial or launch subscription) is not tacitly extended and automatically ends at the expiration of the trial or launch period.
Duration
If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a maximum notice period of one month, unless reasonableness and fairness oppose termination before the agreed period expires.
Article 13 – Payment
Unless otherwise agreed, amounts due by the consumer will be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of a service contract, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to immediately report to the entrepreneur any inaccuracies in the payment data provided or declared. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer in advance for reasonable costs incurred by him.
Article 14 - Claim procedure
The employer has a sufficiently extensive complaint procedure and handles the complaint in accordance with this procedure. Claims regarding the application of the contract must be submitted to the contracting party within 7 days of the consumer discovering the defects.
Claims submitted to the contracting party will receive a response within 14 days of receipt. If a claim requires a longer processing time than expected, the provider must respond within 14 days by sending an acknowledgment of receipt and indicating when the consumer can expect a more detailed response.
If the claim cannot be resolved by mutual agreement, a dispute arises, which is subject to clarification of the claim.
In case of a claim, the consumer must primarily contact the entrepreneur. Claims can also be submitted via the European ODR platform (http://ec.europa.eu/odr).
The claim does not suspend the obligations of the contracting party, unless the latter states otherwise in writing.
If a claim is justified, the contracting party has the option to exchange or improve the delivered products free of charge.
Article 15 – Disputes
Only Belgian law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.
The Vienna Convention on Sales does not apply.
Article 16
Additional or derogatory provisions to these general terms and conditions Additional or derogatory provisions to these general terms and conditions cannot be to the detriment of the consumer and must be recorded in writing or in a way that is accessible to the consumer. consumer in an accessible manner. are stored on a durable data medium.