GENERAL CONDITIONS OF USE AND SALE
Updated on 28/09/2021
The website
mana-pearls
(hereinafter the “Platform”)
is an initiative of :
Natacha Nyogog
stationsstraat 30, 2800 Mechelen
Belgium
Company number (ECB/VAT): BE0648602475
E-mail: info@mana-pearls.be
Telephone: 003215639179
Regulated profession: E-commerce and showroom
https://mana-pearls.be/
Competent supervisory authority: Natacha Ngo nyogog
Code of conduct: https://mana-pearls.be/
(hereinafter “Natacha Nyogog” or the “Seller“)
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GENERAL TERMS AND CONDITIONS OF USE
Scope of application
These general terms and conditions of use (hereinafter the “GCU”) apply to any visit or use of the Platform and its information by an Internet user (hereinafter “User”).
By visiting or using the Platform, the User acknowledges that he/she has read these GTUs and expressly accepts the rights and obligations mentioned herein.
In exceptional cases, the provisions of the GCU may be waived by written agreement. These deviations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GCU.
We reserve the right to change our TOS at any time, without prior notice, but we will apply the provisions that were in effect at the time you used our Platform.
Platform- Access and navigation
Access to and use of the Platform is restricted to persons aged 18 or over. Each User declares on their honour that they are of the required age. We reserve the right to request proof of age by any means.
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer a guarantee of absolute operability and our actions must therefore be considered as being covered by an obligation of means.
Any use of the Platform is always at the User’s own risk. Therefore, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or to discontinue its operation at any time without prior notice.
- Content
Natacha Nyogog largely determines the content of the Platform and takes great care with the information on the Platform. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its contents at any time without liability.
Natacha Nyogog cannot offer an absolute guarantee concerning the quality of the information on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently precise or up to date. Consequently, Natacha Nyogog cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information on the Platform.
If any content on the Platform violates the law or the rights of third parties, or is unethical, we ask you to inform us as soon as possible by e-mail so that we can take appropriate action.
Any download from the Platform is always at the User’s risk. Natacha Nyogog cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User’s computer system, which are entirely and exclusively the User’s responsibility.
Services reserved for registered Users
1) Registration
Access to certain services is conditional on the User’s registration.
Registration and access to the Platform’s services are reserved exclusively for natural persons of legal age and capacity, who have completed and validated the registration form available online on the Platform as well as these GTC.
When registering, the User undertakes to provide accurate, sincere and up-to-date information about himself and his civil status. The User must also regularly check the data concerning him or her in order to maintain its accuracy.
The User must therefore provide a valid e-mail address, to which the Platform will send him/her a confirmation of his/her registration to its services. An e-mail address cannot be used several times to register for services.
Any communication made by the Platform and its partners is therefore deemed to have been received and read by the User. The User therefore undertakes to regularly consult the messages received at this e-mail address and, if necessary, to reply within a reasonable time.
Only one entry per person is allowed.
The User is given an identifier allowing him/her to access an area reserved for him/her (hereinafter “Personal Area“), in addition to entering his/her password.
The user name and password can be changed online by the User in his personal space. The password is personal and confidential, and the User undertakes not to communicate it to third parties.
Natacha Nyogog reserves the right to refuse a request for registration to the Platform’s services in the event of non-compliance by the User with the GTU.
2) Unsubscribe
Users who are regularly registered may request to be removed from the Platform at any time by going to the dedicated page in their Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the form provided for this purpose.
Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply any relationship between Natacha Nyogog and the external website or even an implicit agreement with the content of such external websites.
Natacha Nyogog has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he/she leaves the Platform. We cannot therefore be held liable for any subsequent damage.
Intellectual Property
The structure of the Platform, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that make it up or that are accessible via the Platform are the property of the publisher and are protected as such by the laws in force with respect to intellectual property.
Any representation, reproduction, adaptation or exploitation of the contents, trademarks and services offered by the Platform, by any means whatsoever, without the prior, express and written permission of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights on the Platform.
The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Except with prior written consent, Users are not authorised to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from introducing data to the Platform that would modify or be likely to modify its content or appearance.
Protection of personal data
The personal data provided by the User when visiting or using the Platform are collected and processed by Natacha Nyogog exclusively for internal purposes. Natacha Nyogog assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it always undertakes to communicate clearly and transparently on this point.
Natacha Nyogog undertakes to comply with the applicable legislation on the subject, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The User’s personal data is processed in accordance with the Privacy Policy available on the Platform.
Applicable law and jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where Natacha Nyogog has its registered office.
General provisions
Natacha Nyogog reserves the right to modify, extend, delete, limit or discontinue the Platform and associated services at any time, without prior notice, and without incurring any liability.
In the event of a breach of the TOS by the User, Natacha Nyogog reserves the right to take appropriate sanctions and remedial action. In particular, Natacha Nyogog reserves the right to deny the User access to the Platform or to our services temporarily or permanently. These measures may be taken without giving any reason and without prior notice. Natacha Nyogog cannot be held responsible for such measures or give rise to any form of compensation.
The illegality or invalidity of any provision of our TOU shall not affect the validity and enforceability of the remaining provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
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GENERAL TERMS AND CONDITIONS OF SALE
Scope of application
These general terms and conditions of sale (hereinafter the “GTC”) define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter “Customer”).
The GTC express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
In exceptional cases, deviations from the provisions of the GTC may be made, provided that such deviations have been agreed in writing. These deviations may consist of the modification, addition or deletion of the clauses to which they relate and shall not affect the application of the other provisions of the GTC.
Natacha Nyogog reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online for all purchases after this date.
Online shop
Through the Platform, the Seller provides the Customer with an online shop presenting the products or services sold, without the photographs having any contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in case of errors or omissions in the presentation, the Seller cannot be held responsible for this.
The products and services are offered within the limits of their availability.
Prices and taxes are specified in the online shop.
Awards
The Seller reserves the right to change its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability at that time.
The prices are indicated in euros and do not take into account the possible delivery costs, which are indicated and invoiced in supplement before the validation of the order by the Customer.
The total amount of the order (including all taxes) and, if applicable, delivery costs is indicated before final validation of the order form.
Ordering online
The Customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the Customer accepts the price and the description of the products or services.
In order for the order to be validated, the Customer must accept the present GTC by clicking on the place indicated.
The Customer must provide a valid e-mail address, billing information and, if applicable, a valid delivery address. Any exchange with the Seller may take place by means of this e-mail address.
In addition, the Customer must choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer’s order in the event of non-payment, incorrect address or any other problem on the Customer’s account until the problem is resolved.
Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order is received.
- Payment
The Customer makes the payment at the time of the final validation of the order using the chosen method of payment. This validation takes the place of a signature.
The Customer guarantees to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his consent to the sale as well as to the due date of the sums due for the order.
The Seller has set up a procedure for verifying orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In case of refusal of authorization of payment by credit card from the accredited organizations or in case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
- Confirmation
Upon receipt of the validation of the purchase with the payment, the Seller sends the Customer an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the customer service department (see contact details below) before delivery.
In the event of unavailability of a service or product, the Seller will inform the Customer by e-mail as soon as possible in order to replace it or to cancel the order of this product and possibly to refund the related price, the remainder of the order remaining firm and definitive.
Proof
Communications, orders and payments between the Customer and the Seller may be proven by means of computerised records kept in the Seller’s computer systems under reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
Delivery
The delivery is made only after confirmation of payment by the Seller’s bank.
The products are delivered to the address indicated by the Customer on the online order form. Additional costs resulting from incomplete or erroneous information provided by the Customer will be invoiced to the Customer. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
The delivery takes place, according to the mode chosen by the Customer, within the following times:
6 to 8 days
Delivery times are given as an indication. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If the delivery time exceeds thirty days from the order, the sales contract may be cancelled and the Customer reimbursed.
- Checking the order
Upon receipt of the products, the Customer or the recipient shall check the good condition of the product delivered or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller.
The verification is considered to have been carried out as soon as the Customer or a person authorised by him has received the order without expressing any reservations.
Any reservation not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Seller from any liability towards the Customer.
- Delivery error
In the event of a delivery error or non-conformity of the products in relation to the indications on the order form, the Customer shall inform the Seller within three working days following the date of delivery.
Any claim not made within the time limit will not be taken into account and will release the Seller from any responsibility towards the Customer.
- Feedback and discussion
The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, according to the following procedures:
products returned within 14 working days after receipt to the following address Stationsstraat 30/202, 2800 Mechelen Belgium
Any claim and any return not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Seller from any responsibility towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. The return costs are at the Customer’s expense.
Guarantees
The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.
- Guarantee of conformity
If the Customer is a consumer, he has a period of two years from the delivery of the product to implement the legal guarantee of conformity. However, if the product purchased was a second-hand item, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and, in any event, no later than two months after its discovery.
Right of withdrawal
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days following the delivery of the goods or the conclusion of the service contract.
After having communicated his decision to withdraw, the Customer has 14 days to return the goods.
Any withdrawal not made in accordance with the rules and deadlines defined in this article shall not be taken into account and shall release the Seller from any liability towards the Customer.
The Customer may request a refund of the returned product, without penalty, with the exception of the return costs which remain at his expense.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
The Seller shall refund the Customer the full amount paid, including delivery charges, within 14 days of the recovery of the goods or the transmission of proof of shipment of such goods.
If the order concerns, in whole or in part, digital content not provided on a material support, the Customer hereby agrees to lose, for this digital content, his right of withdrawal in order to be delivered as soon as possible.
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Sample withdrawal form To the attention of : Natacha Nyogog stationsstraat 30, 2800 Mechelen Company number (ECB/VAT): BE0648602475 E-mail: info@mana-pearls.be Telephone: 003215639179 I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/service (*): ________________________________ ________________________________ ________________________________ Ordered on (*)/received on (*) : __________ Name of consumer(s) : __________ Address of consumer(s) : __________ Signature of the consumer(s) (only if this form is notified on paper) : ____________________ Date: __________ Delete as appropriate |
Data protection
The Seller shall keep in its computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice.
The Seller guarantees its Customer the protection of the latter’s personal data in accordance with the Privacy Policy available on the Platform.
Force majeure
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond his control, this shall be deemed to be force majeure.
In the event of force majeure, the Seller shall be entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller shall notify the Customer immediately.
If the force majeure continues for more than 90 days without interruption, either party to the contract shall have the right to terminate the contract unilaterally by registered letter sent to the other party. The services already performed by the Seller shall nevertheless be invoiced to the Customer in proportion.
Independence of clauses
The illegality or invalidity of any provision of these GTC shall not affect the validity and enforceability of the remaining provisions. The Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.
Applicable law and jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller’s registered office.