General conditions: only the Dutch text is legally valid
Article 1. – 1.1 In these general terms and conditions of sale, the following definitions shall apply;
1) For the time being there is no dispute committee applicable: the Disputes Committee Science Park 1 – lab 1 Campuslaan 1 3590 Diepenbeek
Belgium. www.becommerce.be
2) Webshopinterieur or shop.marcottesyle.com means: BV Marcottestyle, which is a limited liability company, based at 2950
Kapellen Marcottedreef 20 with entrepreneur number: BE 0880.453.459. Further mentioned only as Marcottestyle.
3) Customer: any third party who wishes to purchase or has purchased a product from
Marcottestyle BV via the webshop shop.marcottesyle.com or via a project file, or via https:/, which includes the sale of furniture and related items.
4) Contract: any sales contract (including for project files) entered into between Marcottestyle as Seller with VAT number BE0880.453.459 and the
Customer as Buyer and any amendment and supplement thereto. Unless otherwise stated.
5) Product: a product offered for sale by BV Marcottestyle on the Website or through a project file or by mail
6) Terms of sale: these general terms of sale of the Webshop to be read at https:/ are complementary to the
general terms of sale of BV Marcottestyle to be read at https://www.marcottestyle.com/algemene-voorwaarden/ ( www.marcottestyle.com) and
vice versa. Unless otherwise stated.
7) Website: the internet site https:/ and all other websites belonging to Marcottestyle with other URLs referring to this
website and having similar content.
8) These Terms of Sale form part of any contract and apply to all (legal) acts of Marcottestyle BV and the
Customer in execution of any contract. Unless otherwise stated.
9) Deviations and/or additions to any provision in an Agreement and/or the Terms of Sale shall apply only if agreed in writing
and shall relate exclusively to the Agreement in question.
Article 2. Establishment of the Agreement.
2.1 Quotations and offers on the website, in brochures and in other advertisements are non-binding and apply only as an invitation to place
an order and are in no case binding.
2.2 A Contract will only be concluded with the Webshop via https:/ when Marcottestyle has confirmed this to the e-mail address provided by the Customer upon receipt of the
order. If the amount owed by the Customer is not paid in full when placing
the order, the order will automatically be cancelled and no Contract will be concluded, unless otherwise confirmed in writing
by Marcottestyle. This is therefore only the case with pure webshop sales.
2.3 All specifications by Marcottestyle of sizes and weights and/or other indications of the Products (including the description of the Products) have been made with
care. However, Marcottestyle does not guarantee that no deviations will occur in this regard. Mistakes such as printing, typesetting or
programming errors on the website or in https:/ or Marcottestyle mails, brochures or in other advertising are not binding to Marcottestyle
. Models or images shown or provided are non-binding indications of the products in question. All lighting fixtures are
always supplied without lamps.
2.4 A. As all the products presented in the Webshopinterieur https:/ and proposed by Marcottestyle collection in the
general (incl. project files) are handcrafted or natural products, unless communicated otherwise, deviations in size, structure, color and finish may occur with respect to the specimens shown or
exhibited or in general. With some rustic furniture there are sometimes
crevices or here and there a little less paint and sometimes especially less finish, in order to reproduce a certain charm, which must always be accepted by the customer
. Sometimes, in natural products such as solid oak tables, dry cracks and open knots may be present which are part of the
natural appearance and cannot be considered a defect or non-conformity of the ordered goods. The customer explicitly accepts all possible
irregularities or deviations in the these products, manually made and/or natural products, and will thus have to accept them in this state also completely
without any possible compensation or consideration. The customer will not be able to return these products or be compensated for them.
2.4 B. Marcottestyle and/or the manufacturer always reserves the right to make technological and aesthetic improvements
to all models without prior notice, including changes in sizes and materials. The technical drawings do not define the details of the product. The
dimensions shown are approximate and may be subject to change. In particular, the dimensions relevant to the padded parts are
subject to usage tolerances over time caused by the normal adjustment of the padding. Even if a well-defined size is specified with a specific
order, this is always approximate and the above information also remains in effect here.
2 .5 – Right of withdrawal on delivery of products: on Marcottestyle orders ONLY via https:/ the Distance Selling Act applies
. When purchasing products, you have the option to cancel the purchase contract without giving reasons for 14 days after
receipt of your order. This period starts the day after receipt of the product. During this period you must handle the product
and its packaging with care. You may only unpack or use the product to the extent necessary to assess whether you wish to
retain the product. The right of withdrawal does not apply to goods produced especially for you, to order, such as upholstered furniture and
custom-made items, among others. Your return must be made in accordance with the instructions below.
2.6 – Conditions of revocation ONLY at the webshop https:/ : If you exercise your right of revocation, you must return the
product to us with all delivered accessories in original unused condition and packaging, If you exercise your right of revocation,
the cost of return shipment shall be borne by you. Your purchase price will be refunded as soon as possible, no later than 30 days after receipt of your
return.
2.7 – Cancellation/rejection of orders: If, due to unforeseen circumstances, incorrect prices are displayed on the Website,
Marcottestyle reserves the right to cancel/reject any orders containing items with incorrect prices provided it is noted within a period of 24 hours after
placing the order. The customer will be offered an immediate refund of any incorrectly paid monies or the
option to place a new order at the correct prices.
Article 3. Prices and Payments:
3.1 All prices on the website are, unless otherwise indicated, in euros and are “Ex Works Antwerp”. All amounts are, unless otherwise stated, including
VAT, but excluding other government levies and excluding delivery costs.
3.2 The amounts owed by the customer must be paid BEFORE placing the order in a manner indicated on the website or
agreement.
3.3 Changes in price as well as publication of erroneous prices and model reserved. This also applies to the publication of incorrect prices by third parties.
No rights can be derived from this.
Article 4. Deposit, if any.
When purchasing through the webshop: If an ordered and paid object cannot leave our warehouse within a maximum of 16 weeks, the customer
will be notified by e-mail and has the possibility to change his payment into a down payment provided he confirms this by e-mail
within 2 days. Webshopinterieur Marcottestyle will then refund the Customer 50% of the purchase. Webshopinterieur Marcottestyle will e-mail the Customer
as soon as the order is ready for delivery in its warehouse. The customer will then refund the balance immediately within 3 days. In the event of any
late payment, interest of 1% per month will be charged automatically by operation of law, by this simple fact and without any notice of default being required
.
On the other hand, in case of total or partial non-payment within 8 days after confirmation of receipt of the goods, a fixed indemnity of 15%
of the amount of the entire order, with a minimum of 250 Euros, shall be due automatically by right, by this simple fact and without notice, without prejudice to interest. If, after 30 days following the
confirmation that the order is ready, the Customer has still not paid the balance, the order will automatically be regarded as void and non-existent
and the deposit will be retained by Webshopinterieur Marcottestyle as compensation.
Article 5. Delivery Time.
5.1 Marcottestyle will handle every order with care. The delivery time indicated on the Website will be respected by Webshopinterieur Marcottestyle as much
as possible, but is not a deadline and is never binding.
5.2 It is not possible to set a fixed delivery date. Deliveries shall in principle take place on working days between 8 a.m. and 5 p.m.
5.3 If the stated delivery time is exceeded, the customer is not entitled to any compensation in this regard. Nor is the customer in such a case entitled to
rescission of the contract, unless the exceeding is more than 24 weeks after confirmation of the order and is due to a fault of the customer.
5.4 If performance is impossible due to the unavailability of the Product purchased, the Customer will be notified as soon as possible and
will be entitled to a free refund of the amount paid by him to Marcottestyle ONLY via https:/ . The refund will be made as soon
as possible and in any case within fourteen days of the notification.
Article 6. Delivery, transportation and risk.
6.1 Delivery takes place at the delivery address in Belgium specified by the customer at the time of the order.
6.2 The buyer has the obligation to check the goods in detail at the time of delivery and to refuse them immediately if he notices any defect or
non-conformity. He will in any case have to report if the packaging has any visible damage, which could indicate a possible
damage inside. If the customer nevertheless accepts the delivered goods even though a defect or damage has been noted during delivery, he must immediately note this
in writing on the CMR (waybill or delivery note) of the carrier. Failing this, no complaint will be accepted thereafter
. Without any other written agreement, the goods are always delivered at ground level (is the ground floor without steps) on the sidewalk.
6.3 The Products will only be delivered to the Customer’s address outside Belgium if the option to do so is expressly stated on the Website
. However, Webshopinterieur Marcottestyle is entitled at all times, without being obliged to pay any compensation as a result, to determine for any reason whatsoever after
the conclusion of the Contract that delivery cannot be made to the Customer’s delivery address outside Belgium
. In that case Webshopinterieur Marcottestyle will inform the Customer by e-mail and if no additional delivery cost can be agreed
or an alternative delivery address can be found, the contract will be dissolved, without compensation.
6.4 If the delivery address is outside Belgium, the customer is responsible for the delivery costs, any additional sales tax due
and import duties.
6.5 If delivery is not possible due to the situation at the delivery address and/or the size of the product, in consultation with the customer:
A/ the packaging will be removed, with any resulting damage being at the customer’s risk;
B/. a new time of delivery agreed upon, insofar as with the help of aids (such as a moving elevator), delivery can then be expected to
take place, in which case the costs of the renewed delivery, including any rental of the additional aids will be at the customer’s expense
.
C/ The customer an alternative delivery address will be found.
6.6 The risk during transport of the Product purchased by the Customer will be borne by Marcottestyle or the third parties it engages: At the moment of
delivery of the Product, or the moment that can reasonably be considered delivery, the risk in respect of the delivered Product will pass to
the Customer.
6.7 Should the Customer fail to take delivery of the Product at the place and time of delivery, or fail to take delivery on time, the Customer will be in default without notice of default. In that
case, Marcottestyle is entitled to store the Product at the Customer’s expense and risk. The customer will continue to owe the purchase price plus interest and costs.
The subsequent new delivery will also be at the customer’s expense.
Article 7. Force majeure and/or special circumstances:
Marcottestyle is not obliged to fulfill any obligations towards the Customer if it is prevented from doing so as a result of a circumstance,
which is not attributable to its fault, nor for its account under the law, legal act or generally accepted standards. Circumstances
as referred to in the previous sentence include the non-functioning or limited functioning of the Marcottestyle website and mail servers and disruptions in
internet traffic.
Article 8. Assortment.
Marcottestyle reserves the right to change or remove from its range
any product included in its range, or any part thereof.
Article 9. 2-year warranty:
Purchased goods are guaranteed against manufacturing defects for 2 years after delivery, provided a purchase receipt can be presented, according to
the terms and conditions of the manufacturer in question. In some cases, the manufacturer’s warranty is only one year. For professional use, the warranty is in
any case limited to one year. The products distributed by Marcottestyle are mostly handcrafted, so minor differences in color, finish or
dimensions may occur. Any visible complaints must be notified to the carrier immediately upon delivery at
by making a note on the delivery note or CMR. Complaints about non-visible defects must be communicated in writing to
Marcottestyle no later than 48 hours after delivery.
Article 10 Warranty Conditions:
10.1 Until 2 years after the date of delivery: the costs of repair or replacement shall be borne by the manufacturer in question. The freight and call-out charges at
value of 65 euros per 0.20m3 for national transport and 125 euros per 0.20m3 for international transport shall be borne by the customer. For
products of less than 0.25m3 this is also 65€ and 125€ for international transport.
10.2 Breakage in glass and pottery are excluded from warranty, as are wear and tear and defects for other than household and/or injudicious use.
10.3 The Customer shall not be entitled to replacement insofar as the damage is reasonably repairable.
10.4 The Customer must, at his/her own expense and responsibility, return the Goods to Marcottestyle or directly to the manufacturer, provided that the
return has been approved.
10.5 In case the customer returns a product for which the cause of damage is due to the customer himself, these returned products
together with the repair and transportation costs will be charged to the customer.
10.6 Chairs with the velour fabric may exhibit compression upon arrival due to packaging. Fabrics may “flatten” due to
body heat, weight and moisture. Flattening means that the pile of the fabric is compressed and lies flat instead of standing upright. This cannot be a reason
not to accept delivered merchandise. This is easily solved by wetting the spot with a slightly damp (clean!) cloth and leaving it
on the spot for about 30 minutes. NEVER start rubbing on the fabric, as it will become matted! Then you can brush up the fabric with a velvet or
nubuck brush along with the fabric nap and let the fabric dry thoroughly.”
10.7 The lifespan of a sofa or chair can vary greatly depending on how well it is cared for. Factors such as the use of aggressive
cleaning agents, dogs scratching the furniture, or exposure to bright sunlight can shorten its lifespan. This is especially true for some
fabrics and faux leather, which is susceptible to discoloration and ages faster under these conditions. Responsibility here lies solely with the
customer. Damage caused by sharp objects such as knives or scissors, or by pets, is also the sole responsibility of the
customer. Also, wearing jeans with metal buttons that rub across the cushions can cause damage and is the responsibility of the
customer.
Article 11. Liability and Indemnification.
11.1 Marcottestyle will only be liable for damage suffered by the Customer or third parties which can be attributed to its intent or gross negligence, or which has occurred as a result of
circumstances which are at its risk under mandatory rules of law. Marcottestyle is not liable for consequential or trading losses,
indirect damage and loss of profit or turnover or loss of enjoyment.
11.2 Marcottestyle will not be liable for any damage or injury to the Customer or third parties resulting from the use of the Product (or its packaging),
or from any shortcoming on the part of Marcottestyle, its subordinates or third parties engaged by it.
11.3 Without prejudice to the above, Marcottestyle’s liability in the event of damage for its account will be limited to the amount
for which the Customer purchased the Product.
Article 12. Intellectual Property Rights.
12.1 The Customer expressly acknowledges that all intellectual property rights in respect of the Products offered by Marcottestyle, such as
copyright and design rights, are vested in Marcottestyle, its suppliers or other right holders.
12.2 The Customer is prohibited from using the intellectual property rights described in this article, such as through reproduction, without
express prior written permission from Marcottestyle, its suppliers or other right holders.
Article 13. Disputes.
13.1 The Agreement and these Terms of Sale are governed exclusively by Belgian law, to the exclusion of the provisions of the Vienna
Sales Convention.
13.2 Disputes between the Customer and Marcottestyle regarding the conclusion or performance of contracts may, subject to the provisions below
, be submitted by either the Customer or Marcottestyle to the Disputes Committee, provided that the latter has become a member thereof.
13.3 A dispute in this case will only be dealt with by the Disputes Committee if the Customer has first submitted their complaint to
Marcottestyle within a specified time.
13.4 No later than three months after the complaint is submitted to Marcottestyle, the dispute must be submitted in writing to the Disputes Committee
if this possibility is provided for.
13.5 Should the customer wish to submit a dispute to the Disputes Committee (in accordance with clause 13.2), Marcottestyle will be bound by this method of
dispute resolution. Should Marcottestyle wish to submit a dispute to the Disputes Committee, the Customer must state in writing within five weeks of a written request to that effect from
by Marcottestyle whether they wish to do so or have the dispute handled by
the competent court. If Marcottestyle is not informed of the Customer’s choice within the five-week period, Marcottestyle is entitled to submit the dispute
to the competent court.
13.6 The Disputes Committee shall rule under the conditions as laid down in the regulations of the Disputes Committee. The
decisions of the Disputes Committee are made by way of a binding opinion.
Article 14. Promotional terms and conditions at the web shop; https: /
14.1 For all offers: a maximum of two per customer unless otherwise stated.
14.2 Offers are valid while supplies last.
14.3 Actions do not apply in combination with other offers.
14.4 All promotions are valid for one day unless otherwise specified.
14.5 Discounts do not apply to gift certificates.
14.6 It is not possible to reserve a promotional product during a promotion. Promotions do not apply to the Outlet.
Article 15. General information from the website.
Although this website is maintained with the utmost care, users of this website can not derive any rights or claim
the accuracy and completeness of the content. All product information, prices, sizes and shipping costs are shown under explicit reservation, we reserve the right to make (price) changes or adjustments to general information, sizes, product prices and shipping costs
if the information shown is incorrect or not shown at all. All measurements are approximate, as most products
are handmade.
Article16. Warranty conditions
In case of invoking the legal warranty, the defective product must be returned by the customer.
Legal presumption: During the first two years after delivery, the legal presumption applies that any defect already existed at the time of delivery, unless the seller can prove otherwise (Art. 1649quater et seq. Civil Code).
Business purchases are subject only to the terms and conditions listed below, unless otherwise agreed in writing:
The warranty/guarantee to which Marcottestyle is bound is limited to the repair of visible and, insofar as the provisions of Article 17 have been complied with, hidden defects, with the exception of any defects attributable to faults on the part of the Customer or third parties. Marcottestyle will never be able to provide a greater guarantee than that provided by its subcontractors or suppliers/manufacturers. The customer is deemed to have received and accepted the general terms and conditions of the subcontractors or suppliers and manufacturers mentioned in articles 1and 2.
Article 17.Legal validity and language:
Only general terms and conditions drawn up in Dutch are legally valid. Drafting in other languages are free translations and therefore not binding. If
necessary, only the courts of Antwerp are competent.
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