GENERAL TERMS

At Maison Poulain we want to be sure that the relationships with our customers are as smooth as possible. We appreciate the trust you place in Maison Poulain and take your rights very seriously. With the sales conditions below, we want to give you a clear overview of your rights, and sometimes obligations. If something is not clear, we would appreciate it if you let us know.

General terms

Terms and conditions valid from 11/22/2020.

Company information:

Maison Poulain

Company number: BE0723.766.389

Email: info@maisonpoulain.com

1. General

1.1 These general conditions shall apply to all offers by www.maisonpoulain.com . The conditions are accessible for all people and are entered on the Maison Poulain Internet Site. On request a written copy will be sent to you.

1.2 By placing an order you agree to be bound by and accept the terms of delivery and payment. Maison Poulain reserves the right to change the terms of delivery and/or payment after expiry of the term.

1.3 Unless agreed otherwise in writing, the general or particular conditions or stipulations of third parties shall not be accepted by Maison Poulain.

1.4 Maison Poulain guarantees that the delivered product answers the agreement and meets the specifications mentioned on the product page.

2. Delivery

2.1 Delivery shall take place as long as stocks last.

2.2 Under the rules of distant selling, Maison Poulain shall execute orders at least within 30 days. In case this is impossible (because the product is out of stock or is no longer available), or there is a delay for other reasons or an order cannot or can only partially be executed, the customer will be notified within one month after placing the offer and he will have the right to cancel the offer without charges or notice of default.

2.3 Once the deliverables have been offered to the specified delivery address, the risk, as regards these products, transfer to the Purchaser. The notice from the carrier will be regarded as proof of delivery. Maison Poulain will not be accountable for delays, loss of goods or damages caused by the transport service.

2.4 All periods indicated on the Internet site are indicative. Accordingly, no rights can be derived from these periods.

3. Prices

3.1 Prices will not be increased during the term of the offer unless statutory measures make it necessary to do so or if the manufacturer has in the meantime implemented price increases.

3.2 All prices on the Internet site are subject to misprints and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors.

3.3 All prices on the Internet site are in euros and are inclusive of Belgian VAT (21%).

4. Approval Period / Right of Revocation

4.1 In case of a consumer purchase in accordance with the Act on Distant Selling (Article 7:5 of the Belgian Civil Code), the customer has the right to return all (or some) of the delivered goods, without stating a reason, within 14 days from the day following the day of delivery of the ordered items. If by the end of this period the customer has not returned the delivered items to Maison Poulain, the sale shall be considered to be definite.

Before returning the product, the customer must notify Maison Poulain accordingly in writing within 14 days of delivery. The customer must prove that the delivered items have been timely returned, e.g. by means of a postal delivery receipt. The items must be returned in the original packaging (including accessories and corresponding documentation) and should be in the original condition.

If the items have been used, encumbered or in any way damaged by the customer, the customer’s right to cancel the purchase within the meaning of this paragraph shall lapse. Subject to the provision specified in the preceding sentence, Maison Poulain shall issue a full refund of the purchase price and delivery charges within 30 days of proper receipt of the items from the customer. The costs and risk of returning the delivered items will be borne in their entirety by the customer.

4.2 The right to cancel the agreement within the meaning of the preceding paragraph shall apply only to the delivered items, and shall in no case apply to the rendition of services, such as telephone subscriptions of the (mobile) network operators offered by Maison Poulain. The services last mentioned, in which Maison Poulain only acts as an intermediary or agent, are covered by the general conditions from the network operators in question.

4.3 Revocation or dissolution is not possible:

a) for services the execution of which – with consent of the customer – has begun prior to the term of seven business days;

b) for goods or services the price of which is subject to financial fluctuations which cannot be affected by the supplier;

c) if the products in question have been developed in accordance with the consumer’s specifications, for example items that are made-to-order, or clearly are of a personal nature;

d) if the goods or services cannot be returned due to their nature, for example for hygienic reasons and/or because they are prone to rapid decay or obsolescence;

e) for audio and video recordings as well as computer software of which the customer has broken the sealing;

f) for delivery of newspapers and magazines; for services of betting and lotteries.

5. Data Management

5.1 When you place an order with Maison Poulain, your data will be included in the Maison Poulain customer base. Maison Poulain adheres to the Act on Registration of Personal Data and shall not provide your data to third parties. Please see our Privacy Policy.

5.2 Maison Poulain respects the privacy of the website users and takes care of a confidential treatment of the personal data.

5.3 In some cases Maison Poulain makes use of a mailing list. Each mailing contains instructions to remove yourself from this list.

6. Warranty and Compliance

6.1 The contractor guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or Government regulations on the date that the agreement was realized.

6.2 A guarantee arrangement offered by the contractor, manufacturer or importer, does not alter the rights and claims that the customer, in respect of a failure in the performance of the obligations of the contractor,can assert against the contractor based on the law and/or the distance contract.

6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered goods are wrong, defective or incomplete, then the customer is (before returning the goods to Maison Poulain) obliged to immediately report these defects in writing to Maison Poulain. Any defects or incorrectly delivered goods should and can be reported in writing to Maison Poulain up to two months after delivery. The items must be returned in the original packaging (including accessories and associated documentation) and should be in the original condition. The customer’s rights to claim damages and to return the defective or damaged product shall lapse after putting the item into service after finding of fault, damage after detection of defaulting, encumbrance and/or resale after detection of defaulting.

6.4 If the customer’s complaints are considered well founded by Maison Poulain, Maison Poulain shall at its option replace the delivered goods free of charge or make a written arrangement over the compensation with the buyer, on the understanding that Maison Poulain’s liability and consequently the amount of compensation is always limited to the invoice amount of the goods in question or (by choice of Maison Poulain) to the maximum amount covered in the concerned case by the liability insurance of Maison Poulain. Any liability of Maison Poulain for any other form of damage is excluded, including additional damages in any form, compensation for indirect damage or consequential loss or damage due to loss of profits.

6.5 Maison Poulain is not liable for damages caused by intent or gross negligence on the part of non-equivalent management staff.

6.6 This warranty does not apply if:

a) as long as the customer is in default towards Maison Poulain.

b) if the wear can be regarded as normal.

c) the customer himself or a third party has repaired and/or modified the delivered goods.

d) If defects are the result of use that’s not corresponding with the normal use of the product; If damage is caused by intent, gross negligence or improper maintenance.

e) If the original invoice can not be produced, changed or made illegible

f) the inferior quality in whole or in part is the result of rules (to be) imposed by the Government regarding the nature or the quality of the materials used.

7. Offers

7.1 Offers are without engagement unless otherwise specified in the offer.

7.2 Upon acceptance of an offer by the buyer, Maison Poulain reserves the right to revoke or diverge the offer within three business days after receipt of such acceptance.

7.3 Verbal agreements are binding for Maison Poulain only after these have been explicitly confirmed in writing.

7.4 Offers of Maison Poulain do not automatically apply to reorders.

7.5 Maison Poulain cannot be held to its offer when the customer ought to have understood that the listing, or any part thereof, contained an obvious mistake or writing error.

7.6 Additions, amendments and/or further agreements are effective only if agreed on in writing.

8. Agreement

8.1 An agreement between Maison Poulain and a customer is established after an order assignment has been assessed on feasibility by Maison Poulain.

8.2 Maison Poulain reserves the right, without giving any reason not to accept orders or commands or to accept them only under the condition that the shipment is effected by cash on delivery or after payment in advance.

9. Images and Specifications

9.1 All images, photos, drawings etc., among other things, data on weights, dimensions, colours, label pictures, etc. on the Internet site of Maison Poulain apply only approximately, are indicative and shall not entitle the buyer to claim damages or cancel the contract.

10. Force Majeure

10.1 Maison Poulain is not liable, if and to the extent that its obligations cannot be met as a result of force majeure.

10.2 Force majeure means each strange cause, as well as each circumstance for which the risk should not reasonably be borne by Maison Poulain. Delay or default by our suppliers, failures in the Internet, disruptions in the electricity, failures in e-mail traffic and disturbances or changes in technology provided by third parties, transport difficulties, strikes, Government measures, delays in the supply, omissions of suppliers and/or manufacturers of Maison Poulain as well as staff or temporary workers, employee’s illness, defects in aid or transport equipment explicitly apply as force majeure.

10.3 In case of force majeure Maison Poulain reserves the right to suspend its obligations and rights including the right to dissolve the agreement in whole or in part, or to demand that the content of the agreement is amended such that the order can be executed. In no event shall Maison Poulain be held to pay any fine or compensation.

10.4 If upon the occurrence of a situation constituting force majeure Maison Poulain has partly complied with its obligations or can comply with its obligations only partially, it shall be entitled to invoice the customer for the already delivered goods or the deliverable part of the goods and the customer will be obliged to pay this invoice as if it concerned a separate contract. This shall not apply however if already delivered goods or the deliverable part of the goods have no independent value.

11. Liability

11.1 Maison Poulain is not liable for any damage to vehicles or other property caused by improper use of the products. Before use, read the instructions on the packaging and/or consult our website.

12. Retention of Title

12.1 Maison Poulain remains to hold the ownership of all issues sold and delivered by Maison Poulain to the customer as long as the customer has not fulfilled the claims of Maison Poulain under the agreement or previous or subsequent similar agreements, as long as the customer has not yet met the activities performed or to be performed from this or similar agreements and as long as the customer has not yet fulfilled the claims of Maison Poulain due to not comply with such a contract, including claims in respect of fines, interest and costs, as referred to in article 3: 92 BW.

12.2 The goods delivered by Maison Poulain which fall under the retention of title shall only be sold in the framework of normal business activities and never be used as a means of payment.

12.3 The customer is not entitled to pledge the goods subject to retention of title or to encumber them in any other way.

12.4 The customer now already gives the unconditional and irrevocable permission to Maison Poulain or a third party to be appointed by Maison Poulain to enter, in all cases where Maison Poulain wishes to exercise its property rights, all those places where its property then will be stalled and to take them back.

12.5 If third parties seize goods delivered subject to retention of title or wish to establish or assert a right to them, the customer has to notify Maison Poulain of this fact as soon as reasonably can be expected.

12.6 The customer undertakes to insure the items delivered subject to retention of title and to keep them insured against fire damage, explosion damage, water damage and theft, and on demand to provide the insurance policy for inspection to Maison Poulain.

13. Applicable Law / Competent Court

13.1 On all agreements the Belgian law is applicable.

13.2 Disputes, arising from an agreement between Maison Poulain and the buyer which cannot be solved by mutual agreement, the competent judge within the district of Ghent will take note unless Maison Poulain prefers to bring the case to the competent court of the buyer’s place of residence, with the exception of those disputes which belong to the competence of the district judge.

14. Payments

14.1 Transfer payments need to be done within the term of five calendar days. The day of ordering is observed as the first calendar day. This term may be extended by a maximum of three calendar days upon written request by the customer. The five- or eight-day period is observed as reservation of the goods, and Maison Poulain reserves the right to re-offer or resale the goods upon expiry of this period without receipt of payment.