Article 1 – Definitions
In these general terms and conditions the following terms shall have the following meanings:
“Ancillary contract”: an agreement whereby the Consumer acquires Products under a distance contract and these Products are supplied by the Company or by a third party on the basis of an arrangement between that third party and the Company;
“Cooling-off period”: the period within which the Consumer may exercise his right of withdrawal (if applicable and/or not excluded);
“Consumer” means a natural person who is not acting for purposes relating to his trade, business, craft or profession;
“Day”: calendar day;
“Digital content” means data produced and delivered in digital form;
“Continuing performance contract”: an agreement to supply Products on a regular basis for a specified period of time;
“Durable data carrier”: any tool – including e-mail – which enables the Consumer or Company to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
“Right of withdrawal”: the possibility for the Consumer to withdraw from the distance contract within the cooling-off period (if applicable and/or not excluded);
“Model withdrawal form” means the European model withdrawal form shown in Annex I to these General Terms and Conditions (if applicable and/or not excluded);
“Distance contract”:a contract concluded between the Company and the Consumer within the framework of an organised system for the distance sale of products, digital content and/or services (if applicable), whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
“Products”: the products as found and described on the Website, i.e. merchandise products such as jewellery, clothing, swimwear, perfume, phone covers, mugs, hand-drawn pictures and other Mariska X merchandise.
“Means of distance communication”: “: a means that can be used for the conclusion of a contract without the Consumer and the Entrepreneur having to be physically together in the same place at the same time.
Article 2 – Identity of the Company
2.1 The website https://mariskaxmerch.com (hereinafter referred to as the “Website”) is operated by BV Arcanii Media Entertainment, with registered office at Casimirstraat 9, 8670 Koksijde (Belgium), (hereinafter also referred to as the “Company”).
2.2. Information and data of the Company:
|Company name:||Arcanii Media Entertainment|
|Trade name||‘Mariskaxmerch’ (or ‘MXMERCH’)|
|Brand and trade mark:||Mariskaxmerch|
|Company number (CBE):||0836.995.182|
Article 3 – Scope
3.1. These General Terms and Conditions apply to every offer made by the Company and to every Distance Contract and/or Ancillary Contract concluded between the Company and the Consumer.
Every transaction on the Website, including orders and purchases, implies the express, unconditional and irrevocable acceptance, without any reservation, of these general terms and conditions by the Consumer, who is deemed to have taken note of these general terms and conditions. These general terms and conditions constitute the full agreement between the Company and the Consumer regarding the object to which they relate and replace any prior oral or written agreement in this respect. These general terms and conditions always take precedence over any general or special terms and conditions of the Consumer. The invalidity and/or nullity of any provision of these general terms and conditions shall not affect the validity and/or enforceability of all other provisions mentioned.
3.2. These general terms and conditions can be consulted under the heading ‘General Terms and Conditions’ on the Website.
3.3. Prior to the conclusion of the distance contract, the text of these general terms and conditions (which contains the information required by Article VI.45, §1, Code of Economic Law) will be made available to the Consumer. If this is not reasonably possible, the Company will indicate, prior to the conclusion of the Distance Contract or Ancillary Contract, the manner in which the general terms and conditions can be consulted at the Company and that they will be sent free of charge as soon as possible at the Consumer’s request.
If the Distance Contract or Ancillary Contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before such a contract is concluded, be made available to the Consumer by electronic means in such a way that it can be easily stored by the Consumer on a durable data carrier. If this is not reasonably possible, it will be indicated prior to the conclusion of the Distance Contract or Ancillary Contract where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the Consumer’s request.
3.4. The Company may unilaterally amend the provisions of these general terms and conditions at any time. Changes will be announced on the Website and/or by electronic means. Any purchase will be subject to the version of the general terms and conditions applicable at the time of acceptance of the order by the Company. Continued use of the Website will be considered as acceptance of the new general terms and conditions. These general terms and conditions were last amended on 20 of may 2021
Article 4 – The offer on the Website
4.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated on the Website. The Company cannot be held liable for the unavailability of a particular Product. The offer is valid as long as stocks last and may be modified or withdrawn at any time by the Company.
4.2 The Website contains a full and accurate description of the Products offered. The description is sufficiently detailed to enable the Consumer to assess the offer properly. If the Company makes use of images, these are a faithful representation of the Products offered. Obvious mistakes or obvious errors in the offer are not binding on the Company.
4.3. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer.
4.4. The Products are, at the time they are sold, in compliance with all applicable regulations concerning safety, hygiene, health, fair market practices and consumer protection.
Article 5 – Conclusion of the Contract
5.1. Subject to the provisions of article 5.3 below, the Contract is concluded at the moment of acceptance by the Consumer of the offer and compliance with the relevant conditions.
5.2. If the Consumer has accepted the offer by electronic means, the Company will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the Company, the Consumer may cancel the Contract.
5.3 The Contract shall be concluded in Dutch. By placing an order and approving these general terms and conditions, the Consumer confirms that the Dutch language is understandable, clear and unambiguous to him.
5.5 The Company shall archive the concluded Contracts electronically and make them available to the Consumer on a durable data carrier.
5.6 The Company may, within the limits of the law, ascertain whether the Consumer is able to meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the Company has good grounds for not entering into the contract, it shall be entitled to refuse an order or request, stating the reasons for doing so, or to attach special conditions to its performance.
Article 6 – Orders
6.1 Only orders placed on the Website will be registered. The Consumer can pay online via PayPal Business.
Throughout the entire purchase procedure, the Consumer will see an overview of the Products ordered with an indication of all prices and costs. Throughout the entire purchase procedure, the Consumer can see by visual guidance at the top of the page which stage of the purchase procedure he is in. Once the Consumer has made the payment, he enters into a contractual obligation and the order is considered final (see also article 5 above).
6.2 The Consumer receives electronic confirmation of receipt of his order and payment from the Company.
6.3 In the event of problems with the operation of the database(s) on the Website, especially in the event of attempted fraud, an incomplete or incorrect order, the provision of manifestly incorrect data, non-payment of previous deliveries or refusal of approval by the Consumer’s financial institution, the non-confirmation of the payment by web banking by the institution responsible for the technical realisation of this payment or any (other) serious shortcoming on the part of the Consumer with regard to the orders in which the Consumer is involved, the Company reserves the right to suspend or refuse confirmation of the order and consequently the delivery, or to have it suspended or refused without having to state the reasons for doing so.
6.4 Any modification of the order by the Consumer after confirmation of the order by the Consumer is subject to the express and written acceptance thereof by the Company. In the event of a request by the Consumer to modify the order after the Products have been dispatched, only the withdrawal procedure described in articles 7 et seq. below may apply.
6.5 In case of unavailability of ordered Products, the Company will immediately inform the Consumer and offer him an alternative Product. If the Consumer does not agree with an alternative Product, the Company will refund the amount paid within fourteen (14) days after payment by the Consumer.
6.6. The Consumer’s previous orders will be archived, without the Consumer having access to them.
Article 7 – Right of withdrawal
7.1 In principle, the Consumer can cancel a contract for the purchase of Products during a cooling-off period of fourteen (14) days without stating the reasons for doing so. The Company may ask the Consumer for the reason for cancellation, but cannot oblige the Consumer to state his reason(s).
However, the Consumer has no right of withdrawal in certain cases, i.e. for the delivery of some Products by the Company (e.g. lingerie and swimwear whose hygiene seal has been removed after delivery). The Consumer acknowledges and accepts that, in accordance with Article VI.53, 5° of the Code of Economic Law, he has no right of withdrawal for sealed Products that cannot be returned for reasons of health protection or hygiene and whose seal has been broken after delivery.
Article 8 – Obligations of the Consumer during the cooling-off period
8.1 During the cooling-off period (and to the extent that the right of withdrawal would apply), the Consumer will handle the Product and its packaging with care. He will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The principle here is that the Consumer may only handle and inspect the Product as he would be allowed to do in a shop.
8.2 The Consumer shall only be liable for a reduction in value of the Product that results from a way of handling the Product that goes beyond what is permitted in 8.1.
8.3 The Consumer shall not be liable for any reduction in value of the Product if the Company has not provided him with all legally required information concerning the right of withdrawal prior to or at the conclusion of the contract.
Article 9 – Exercise of the right of withdrawal by the Consumer and associated costs
9.1 If the Consumer exercises his right of withdrawal (and to the extent applicable), he shall notify the Company within the cooling-off period by means of the model withdrawal form attached as Annex I (not mandatory) or in any other unambiguous manner (in writing by e-mail): Mariskaxmerch (BV Arcanii Media Entertainment):firstname.lastname@example.org.
9.2 As soon as possible, but within fourteen (14) days from the day following the notification referred to in paragraph 1, the Consumer shall return the Product or hand it over to (an authorised representative of) the Company. This is not necessary if the Company has offered to collect the Product itself. In any case, the Consumer has complied with the return period if he returns the Product before the cooling-off period has expired.
The Consumer shall return the Product with all accessories, if reasonably possible in their original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Company.
9.3. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal (insofar as applicable) lies, if applicable, with the Consumer.
9.4. Where applicable, the Consumer shall bear the direct costs of returning the Product. If the Company has not indicated that the Consumer has to bear these costs or if the Company states that it will bear the costs, the Consumer does not have to bear the costs of returning the Product.
Article 10 – Obligations of the Company in the event of withdrawal
10.1. If the Company allows the Consumer to cancel (if applicable) by electronic means, it will send an acknowledgement of receipt without delay upon receipt of the notice of withdrawal.
10.2. Where applicable, the Company shall reimburse (to the extent that the right of withdrawal applies) all payments made by the Consumer, including any delivery costs charged by the Company for the returned Product, immediately but within fourteen (14) days following the day on which the Consumer notifies the Company of the withdrawal. Unless the Company offers to collect the Product, it may wait to reimburse the Consumer until it has received the Product or until the Consumer proves that he has returned the Product, whichever occurs sooner.
10.3. The Company will use for the reimbursement the same means of payment used by the Consumer, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.
10.4. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Company will not have to reimburse the additional cost of the more expensive method.
Article 12 – Prices
12.1. During the period of validity stated in the offer, the prices of the Products offered will not be increased, except for price changes due to changes in VAT rates.
12.2. Notwithstanding section 12.1 and to the extent applicable (but not for most Products), the Company may offer Products whose prices are subject to fluctuations on the financial market and over which the Company has no control, at variable prices. This liability to fluctuations and the fact that any prices quoted are reference prices shall be stated in the offer.
12.3. Price increases within three (3) months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases as from three (3) months after the conclusion of the contract are only allowed if the Company has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the Consumer has the right to terminate the contract as of the day on which the price increase takes effect.
12.4. The prices stated in the offer of Products are inclusive of VAT, but exclusive of any delivery and/or shipping costs. The prices are stated in euros and are valid on the day on which the Website is visited and/or the order is placed.
12.5. The amount of the delivery, shipping, reservation, administrative or other costs is shown separately. An overview and calculation of these costs is displayed on the Website at each moment prior to confirmation of the order by the Consumer. The total amount owed by the Consumer, including the aforementioned costs, is always stated on the (web) page when the order is confirmed. Any additional payment on top of the agreed charge requires the Consumer’s express consent prior to confirming the order.
12.6. All other taxes or duties, including but not limited to custom fees, arising between the time of ordering and the time of delivery shall be borne entirely by the Consumer.
12.7. Ownership of the Products will only be transferred after full payment of the price by the Consumer.
Article 13 – Legal warranty – conformity of the Products
13.1. In principle, the Consumer has a legal warranty by virtue of the Act of 21 September 2004 on the sale of consumer goods and the protection of consumers. The legal warranty applies from the date of delivery where applicable. Any commercial warranty does not affect these rights.
13.2. In order to invoke the warranty (where applicable), the Consumer must be able to show proof of purchase. Consumers are advised to keep the original packaging of the Products (where applicable).
13.3. For Products purchased online and delivered to the Consumer’s home, the Consumer shall contact the Company’s customer service department and return the Product to the Company at the Consumer’s expense (where applicable).
13.4 If a defect is found, the Consumer must inform the Company as soon as possible. In any case, any defect must be reported by the Consumer within two (2) months after its detection. After this period, any right to repair or replacement shall lapse.
13.5. The (commercial and/or legal) warranty never applies to defects caused by accidents, neglect, falls, use of the Product contrary to the purpose for which it was produced, failure to comply with the instructions for use or manual, modifications or alterations to the Product, heavy-handed use, poor maintenance, or any other abnormal or improper use.
13.6. Defects that manifest themselves after a period of six (6) months following the date of purchase or delivery shall be deemed not to be hidden defects, unless the Consumer proves otherwise.
13.7. Modified or processed Products will under no circumstances be taken back, exchanged and/or refunded by the Company.
Article 14 – Delivery and performance – retention of title
14.1. The Company (through the Company or service provider providing logistics services to the Company) delivers the Products ordered on the Website to the Consumer’s home or the selected pick-up point at the dates determined on the Website or chosen by the Consumer. The Company delivers in Belgium and all countries where applicable
14.2. The place of delivery shall be the address given by the Consumer to the Company. If the Consumer is not present at the time of delivery at home, the Products shall be taken back by the Company or the Company’s external service provider and shall then be available for collection at the external service provider’s nearest pick-up point.
14.3. The Consumer must report any visible damage and/or qualitative shortcoming of an article or any other shortcoming in the delivery to the Company without delay. Products that have left the Company or its production site(s) shall under no circumstances be exchanged or taken back.
14.4. The risk of loss or damage passes to the Consumer as soon as he (or a third party designated by him, who is not the carrier) has acquired physical possession of the Products. However, the risk is already transferred to the Consumer upon delivery to the carrier, if the carrier has been instructed
14.5. The delivered Products shall remain the exclusive property of the Company until full payment by the Consumer. The Consumer undertakes, if necessary, to inform third parties of the Company’s retention of title, e.g. any person who would seize Products not yet paid for in full.
Article 15 – Duration transactions: duration, termination and extension
15.1. Termination: The Consumer may terminate a contract entered into for an indefinite period of time for the regular delivery of Products (although this is usually not the case) at any time, subject to the agreed termination rules and a notice period of up to one (1) month.
The Consumer may terminate a fixed-term contract for the regular delivery of Products (although this is usually not the case) at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of up to one (1) month.
15.2. The Consumer may terminate the contracts referred to in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or in a specific period:
- at least in the same way as they were entered into by him;
- always subject to the same notice period as the Company has stipulated for itself.
A fixed-term contract for the regular delivery of Products (although usually not the case) may not be tacitly extended or renewed for another fixed term.
A fixed-term contract for the regular delivery of Products (although usually not the case) may only be tacitly renewed for an indefinite period of time if the Consumer may terminate the contract at any time subject to a notice period of up to one (1) month.
If a contract has a duration of more than one year (usually not the case for the Products in question), the Consumer may after one year terminate the contract at any time subject to a notice period of up to one (1) month, unless it is not reasonable or fair to terminate the contract before the end of the agreed duration.
Article 16 – Payment
16.1. The price is payable in full after confirmation of the order by the Consumer.
16.2. Unless stipulated otherwise in the contract, on the Website or in additional terms and conditions, the amounts owed by the Consumer must be paid within fourteen (14) days after the start of the cooling-off period, or if no cooling-off period is provided for, within fourteen (14) days after the conclusion of the contract.
As a rule, payment is made immediately after the order is placed on the Website.
16.3. The Consumer is obliged to report any inaccuracies in the payment details provided or stated to the Company without delay.
16.4. In the absence of full and/or timely payment of one or more invoices (insofar as applicable), the Company shall be entitled by operation of law and without prior notice of default (i) to the payment of default interest at a contractual interest rate of 10% per annum on the unpaid invoice amount from the due date of each invoice until the date of full payment and (ii) to the payment of fixed compensation of 10% of the unpaid invoice amount, each time without prejudice to the right of the Company to claim higher compensation subject to proof of higher damage actually suffered. However, in case the Company remains in default vis-à-vis the Consumer in the capacity of consumer, among other things to pay or refund certain amounts to the Consumer, the latter shall be entitled to claim payment by the Company of the same default interest and/or fixed compensation as determined above.
16.5. Without prejudice to the foregoing, the Company reserves the right to take back the Products not (fully) paid for (if possible and applicable).
16.6. The Website through which the Consumer orders and/or pays is equipped with a security system for online payments that guarantees the confidentiality of the bank details and the security of the transaction (by means of SSL (Secure Sockets Layer)).
Article 17 – Processing of personal data – cookies
Article 18. – Liability
18.1. Our (contractual and extra-contractual) liability, both for direct and indirect damages, is always limited to the lowest of the following amounts: (i) the amount for which it is insured with its civil liability insurer up to the maximum per claim determined in the insurance policy/ies or (ii) the amount corresponding to the value of the Product(s) ordered on the Website and on which the complaint is based.
18.2. Nothing in these general terms and conditions excludes our liability for fraud, intent, equivalent gross negligence, death or bodily harm.
18.3. The Company shall not be responsible or liable for information, photographs, leaflets and other forms of information or marketing materials to the extent that they have been published without the responsibility of third parties.
18.4. The Company shall not be liable for misunderstandings, delays or improper transmission of orders and communications as a result of the use of the intern
Article 19. – Intellectual property
19.1 All intellectual property rights, including but not limited to copyrights, trademarks, domain names, portrait rights and other intellectual property rights related to the Products and the Website belong exclusively to the Company or its licensors.
In other words, the Consumer is prohibited at any time (including before or after termination of the Contract) from reproducing or communicating (any design or creation of, in or related to) the Products or the Website to the public in any way without the express, written and prior consent of the Company or its licensors.
19.3. The Consumer acknowledges and accepts that the Products or the Website may be protected by (intellectual property) rights of third parties. The Consumer undertakes to respect these rights and to indemnify the Company in full, in principal, interest and (court and lawyers’) costs for any infringements of these rights by the Consumer.
Article 20 – Complaints procedure
20.1. The Company has a sufficiently publicised complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
20.2. Complaints about the performance of the contract must be submitted to the Company in full and clearly described within a reasonable time after the Consumer has discovered the defects.
Complaints submitted to the Company will be answered as soon as possible.
Article 21 – Disputes
21.1. Any dispute concerning the interpretation or application of these general terms and conditions and/or the agreements between the Company and the Consumer to which these general terms and conditions relate shall be governed exclusively by Belgian law.
21.2. Only the courts of Gent (Gent division(s)) have jurisdiction. However, proceedings instituted by a Consumer against the Company may be brought either in the courts of the Member State in which the Company is domiciled or in the courts of the place where the Consumer is domiciled. Proceedings instituted against a Consumer by the Company may only be brought in the courts of the Member State in which the Company is domiciled.
Article 22 – Customer service – contact details
ANNEX 1. MODEL WITHDRAWAL FORM
You only need to fill in and return this form if you wish to cancel the contract (to the extent possible or applicable).
To Mariskaxmerch (BV Arcanii Media Entertainment), (E.: email@example.com)
I/We (*) hereby give notice that I/we (*) withdraw from our contract for the sale of the following Products:
Ordered on (*)/Received on (*):
Name/Names of Consumer(s):
Address of Consumer(s):
Signature of Consumer(s) (only if this form is submitted on paper):
(*) Delete as appropriate