TERMS AND CONDITIONS
All our jewelry is made of silver 925.
The consumer has the right to inform the company that he renounces the purchase, without payment of a fine and without giving any reason, within 30 calendar days from the day following the delivery of the good.
However, there are exceptions. The following arrangement applies to these exceptions:
The consumer does not have the right to cancel the purchase.
This exception clause applies to:
1. Offers are valid while stocks last.
2. Bespoke jewelry.
3. Vouchers or vouchers redeemed or completed.
If the consumer returns a jewel that is damaged, used or incomplete, photography Missiaen bvba will be able to hold the consumer liable for the decrease in value that the jewel has suffered as a result and claim compensation from the consumer that is proportional to this decrease in value (article VI.51 , §2 WER).
Right of withdrawal
You have the right, within a period of 30 days, without giving notice
reasons to withdraw from the contract.
The withdrawal period expires 30 days after the day on which you, or a person designated by you,
third party, who is not the carrier, takes physical possession of the good.
To exercise the right of withdrawal, you must contact us, photography Missiaen bvba Sint-Annabe lui 2 8500 Kortrijk, via a
unambiguous statement (via this withdrawal form ) on
notify you of your decision to withdraw from the contract. If you use this option
we will immediately send you on a durable data carrier
(e.g. by e-mail) a confirmation of receipt of your revocation
To comply with the withdrawal period, it is sufficient to send your communication
regarding your exercise of the right of withdrawal
before the withdrawal period has expired.
1. Consequences of the withdrawal
If you revoke the agreement, you will receive all payments you
has done at that time, including delivery costs (with the exception of
of any additional costs as a result of your choice of a
other method of delivery than the cheapest offered by us
standard delivery) without delay and in any case no later than 14 days
after we have been informed of your decision to terminate the agreement
to revoke, from us back. We will refund you with the same
payment method with which you performed the original transaction,
unless you have expressly agreed otherwise; anyway
you will not be charged for such reimbursement
We can wait with refund
until we have received the goods back, or you have proved
that you have returned the goods, depending on what time
Fill in your withdrawal form here.
1. In these General Terms and Conditions, the following definitions apply:
‘photography Missiaen bvba’
any natural or legal person who is or will be in a contractual relationship of any kind with Photography Missiaen bvba.
any natural or legal person who, solely for non-professional purposes, acquires or uses marketed products or services.
the subject of one or more agreements.
the following website, which is managed by Photography Missiaen bvba: www.definenormal.xyz
1. These General Terms and Conditions apply to all offers from photography Missiaen bvba, as well as to all agreements entered into with photography Missiaen bvba.
2. In addition to these General Terms and Conditions, if expressly indicated, additional terms and conditions may apply to certain services and/or products. If there are differences between the Additional Terms and Conditions and these General Terms and Conditions, the provisions of the Additional Terms and Conditions will in principle prevail over the General Terms and Conditions, unless otherwise stated.
3. It is only possible to deviate from one or more provisions in these General Terms and Conditions if this has been expressly agreed in writing. In that case, the other provisions of these terms and conditions will remain in full force and effect.
4. General Terms and Conditions used by the Buyer do not apply, unless expressly agreed in writing by Photography Missiaen bvba.
5. photography Missiaen bvba reserves the right to change and/or supplement the General Terms and Conditions at any time for future orders.
6. By using the Photography Missiaen bvba website and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website.
7. photography Missiaen bvba is authorized to call on third parties for the execution of an agreement with the Buyer.
2. OFFERS AND CONCLUSION OF AGREEMENTS
1. Offers are valid while stocks last.
2. A personalized quotation is valid for two (2) weeks, unless a different term is stated in the quotation.
3. An agreement is concluded at the moment that an order confirmation has been handed over to the Buyer or, in the event that the offer has been made via the Website, has been sent by e-mail to the e-mail address provided by the Buyer.
4. Buyer and photography Missiaen bvba expressly agree that a valid agreement can be concluded by using electronic means of communication. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of photography Missiaen bvba apply here as a presumption of evidence, to the extent permitted by law.
5. Information, images, verbal announcements, statements, etc. with regard to all offers and the most important characteristics of the products that are provided by telephone or e-mail are (re)displayed or done as accurately as possible.
1. All prices are expressed in Euros and include VAT.
2. Special offers are only valid while stocks last.
3. The Buyer owes the price that photography Missiaen bvba has communicated to it in its confirmation in accordance with article 2.3 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Photography Missiaen bvba after the agreement has been concluded.
4. Delivery costs are clearly communicated to the buyer. With regard to certain payment methods, further conditions apply with regard to the delivery method and any costs. This will be clearly communicated to the Buyer.
1. For orders via the Website you can pay via bancontact/mistercash and ideal.
photography Missiaen bvba can expand the payment options in the future. Other payment options will be announced via the Website. Additional costs may be charged for the use of certain payment options, this will be clearly communicated just before payment.
1. In order to guarantee a safe online payment and the security of your personal data, the transaction data is sent over the internet encrypted with SSL technology. You do not need any special software to pay with SSL. You can recognize a secure SSL connection by the “lock” in the bottom status bar of your browser.
2. If a payment method with a credit card is chosen, the conditions of the relevant card issuer apply. photography Missiaen bvba is not a party to the relationship between the Buyer and the card issuer.
3. All judicial and extrajudicial costs of whatever nature that photography Missiaen bvba has had to incur as a result of the Buyer’s failure to fulfill its (payment) obligations will also be borne by the Buyer.
5. DELIVERY AND DELIVERY TIME
1. Unless otherwise specified, the latest delivery date is thirty (30) days after receipt of payment for the order. Except for a Consumer Buyer, the stated delivery time is only an indication, therefore no rights can be derived from this.
2. If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product is available again. photography Missiaen bvba aims to notify the Buyer of delays within one week by telephone or e-mail.
3. Deliveries take place at the address specified by the Buyer during the conclusion of the agreement.
4. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Buyer.
5. Different conditions may apply for deliveries abroad.
6. DEFECTS AND COMPLAINT TIME
1. The Buyer is obliged to inspect the products accurately (or have them inspected) immediately after receipt. Complaints from the Buyer, relating to defects in the product or the delivery, which are visible outwardly, must be submitted by the Buyer within seven (7) days after delivery (or within seven (7) days after the invoice date if the products are not delivered to the Buyer ( could) be delivered), be notified to Fabrigold in writing.
2. The Buyer, who is not a Consumer Buyer, is not entitled to return the products for which there are no motivated complaints. If this is nevertheless done without valid reasons, all costs associated with the return shall be borne by the Buyer. In that case, Fabrigold is free to store the products under third parties at the expense and risk of the Buyer and to return them to the Buyer at the Buyer’s request and expense.
7. RIGHT OF RENUNCIATION AND EXCHANGE
1. In accordance with the Belgian law on Market Practices and Consumer Protection of 6 April 2010 (hereinafter ?WMPC?), the Consumer-Buyer can exercise the right of renunciation within fourteen (14) working days after delivery of the product without penalty and without stating reasons (by extension up to 30 days). This right of renunciation excludes jewelery whose seal has been broken. The return shipment must be made via the same route as the delivery. In the event that he exercises his right of renunciation, the Consumer Buyer is obliged to report the received product to photography Missiaen bvba within fourteen (14) working days after delivery. The product must then be returned to photography Missiaen bvba in the condition in which the Consumer Buyer has received the product, stating his bank account number.
2. If the Consumer Buyer has made use of the right of renunciation as stated in the previous paragraph, photography Missiaen bvba will arrange for reimbursement within ten (10) days of the amount paid by the Consumer Buyer to Fotografie Missiaen bvba by means of a bank transfer to the account number that photography Missiaen bvba has been assigned for this purpose by the Consumer Buyer.
3. photography Missiaen bvba is never liable for any damage – including theft or loss – that occurs to the packaging or the product when it is returned.
4. In accordance with Article 47, §4, 2° WMPC, the Consumer-Buyer cannot exercise the right of renunciation for agreements concerning the supply of products that are manufactured according to the Consumer-Buyer’s specifications or which have a clearly personal character or which, due to their nature, cannot be be returned.
5. If the product is not received in accordance with the conditions of the right of withdrawal, the purchase amount will not be refunded. The product remains the property of the Buyer, who is obliged to collect its property within two weeks. The product can also be delivered at the request of the Buyer.
6. Any product (with the exception of jewelery referred to in paragraph 4 above) that is in its original, complete, undamaged and unused condition and whose packaging is unopened and undamaged can be exchanged in the showroom of photography Missiaen bvba within a period of thirty (30) days, subject to presentation of the original proof of purchase.
7. But if the consumer returns a jewel that is effectively damaged, incomplete or used, photography Missiaen bvba will be able to claim compensation from the consumer in retrospect that corresponds to this depreciation (example: if a jewel is worth 30% less due to damage, it will photography Missiaen bvba can claim compensation from the consumer that corresponds to the amount of this 30%).
8. RETENTION OF TITLE
1. Notwithstanding the actual delivery, ownership of a product will only pass to the Buyer after the latter has paid in full the payment due for this product, including reimbursement of interest and costs.
2. The Buyer may not tax, sell, resell, alienate or otherwise encumber the products before the ownership thereof has passed.
9. WARRANTY AND LIABILITY
1. If for whatever reason photography Missiaen bvba is obliged to compensate any damage to a Buyer who is not a Consumer Buyer, that compensation will never exceed an amount equal to the invoice value with regard to the product or service as a result of which the damage is caused.
2. Without prejudice to the provisions of this article, there can be no guarantee in the following cases:
o if the wear can be considered normal
o if changes have been made in or to the product, including repairs that have not been carried out with the permission of Fabrigold;
o if the original invoice cannot be submitted, has been changed or has been made illegible;
o if defects are the result of use that does not correspond to the intended purpose or of improper use;
o if damage is caused by intent, gross negligence or negligent maintenance.
10. FORCE MAJEURE
1. In case of force majeure, photography Missiaen bvba is not obliged to fulfill their obligations towards the other party. photography Missiaen bvba is entitled to suspend its obligations for the duration of the force majeure.
2. Force majeure is understood to mean any circumstance beyond its control that prevents the fulfillment of its obligations towards the other party in whole or in part. These circumstances include strikes, fire, business disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or communication systems used and/or the Website being unavailable at any time, non-delivery or late delivery from suppliers or other third parties engaged and the absence of any license to be obtained from the government.
11. PERSONAL DATA
1. photography Missiaen bvba will only process the Buyer’s data in accordance with its Privacy Statement.
2. photography Missiaen bvba observes the applicable laws and regulations.
12. APPLICABLE LAW AND COMPETENT COURT
1. All offers and agreements are exclusively governed by Belgian law, excluding the principles of conflicts of law in space.
2. The applicability of the Vienna Sales Convention is expressly excluded.
3. All disputes related to or arising from offers from photography Missiaen bvba, or agreements concluded with it, will be submitted to the competent court in Kortrijk, unless a mandatory legal provision expressly designates another court as competent.
13. MISCELLANEOUS PROVISIONS
1. The registered office of photography Missiaen bvba. is located at 8500 Kortrijk, Sint-Annabeluizen 2, with VAT number BE0808535481. Please send all correspondence regarding an agreement or these conditions to photography Missiaen bvba at the aforementioned address or to the e-mail address firstname.lastname@example.org.
2. photography Missiaen bvba strives to answer the e-mails it receives within 2 working days. If complaints are reported to Fabrigold, the Consumer Buyer will in any case be informed within five (5) working days of the period in which he will receive a proposal from Fabrigold to resolve the dispute.
3. If any provision of these Terms and Conditions should be illegal, void or for any other reason unenforceable, such term shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These General Terms and Conditions constitute the entire agreement between the Buyer and Fabrigold with respect to the subject matter contained therein.