2. OUR DETAILS
Sale of goods through this website is carried out under the Mokadi name by Diana Pelszyk, Rue des cottages 115,1180 Brussels, Belgium with VAT No. BE0880962969.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.
4. USE OF OUR WEBSITE
By using this website and/or by placing any order through it, you undertake: 1. To use the website exclusively to make legitimate enquiries or orders. 2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities. 3. To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
5. HOW THE CONTRACT IS FORMED
To place an order, you will be required to follow the shopping process online and press the "Authorise payment" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation
6. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order the substitute products we will reimburse any monies that you may have paid.
7. REFUSAL OF ORDER
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
Subject to availability (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Delivery Confirmation by the delivery date set out in the Delivery Confirmation or, if no estimated delivery date is specified, then within a maximum of 14 days of the date of the Order Confirmation, unless there are exceptional circumstances. Reasons for delay could include: 1. Customisation of products; 2. Unforeseen circumstances; or 3. Delivery area. You agree and acknowledge that delivery may take longer than 30 days from the date of the Order Confirmation if there are exceptional circumstances. If for any reason we cannot meet the delivery date you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Please note however that we do not deliver on Saturdays or Sundays. For the purpose of these Terms "delivery" or "delivered" shall be deemed to have occurred upon you or a third party nominated by you acquiring physical possession of the products, which will be evidenced by the signing for receipt of the products at the agreed delivery address.
9. RISK AND TITLE
The Products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is the later.
10. PRICE AND PAYMENT
The price of any products will be as stipulated on our site from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund. We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you a Delivery Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect price. The prices on the website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Shopping Guide. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Therefore, (except as provided above) price adjustments on previous orders are not permitted. Once you have finished shopping all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area. Payment can be made by Visa, Mastercard and American Express card. To minimise the possibility of unauthorised access, your credit card details will be encrypted. Once we receive your order, we will request a pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. No charge will be made to your credit card until your order has been dispatched for delivery. However, if your form of payment is Paypal, the charge will be made the moment we confirm the order. By clicking "Authorise payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or the credit voucher card. Credit cards are subject to validation checks and authorisation by your card issuer but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
11. VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT). In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.
12. RETURNS POLICY
12.1 Statutory right to cancel your purchase. Right to cancel If you are contracting as a consumer, you have the right to cancel the Contract, within 14 days, without giving any reason . The cancellation period will expire after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the products, or in case of multiple products in one order delivered separately, after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the last product. To exercise this cancellation right, you must notify us your decision to cancel the Contract by making a clear statement to us that you wish to cancel the Contract. You may notify us by sending us an email to email@example.com. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of this cancellation right before the cancellation period has expired. Effects of cancellation If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the additional costs of delivery where you have chosen a type of delivery other than the least expensive type of standard delivery offered by us). Reimbursement will be without undue delay and in any event not later than (a) 14 days from the day we have received back from you any products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the products. We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest. You shall hand back the products to our address without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us. The deadline is met if you send back or return the products before this 14-day period has expired. you shall bear the cost of returning the products to us. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
You will be refunded the price paid for the returned products only - delivery and other costs will not be refunded
You should inform us about your intention of withdrawing from the Contract after the statutory term for withdrawal, you shall, in any case, hand the goods over to us within the 30 day term as from the Delivery Confirmation. Reimbursement will be without undue delay and in any event not later than 14 days from the day we have received back from you any products supplied. We will reimburse you using the same means of payment as you used for the initial transaction. This contractual cancellation right does not affect your statutory cancellation rights. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the ticket which you will have received when the product was delivered. You will find a summary on exercising this cancellation right when you receive the order.
13. LIABILITY AND DISCLAIMERS
Unless otherwise stated in these Terms, our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product.
14. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, subcontract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
16. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms. Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
17. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
18. LAW AND JURISDICTION
We have the right to revise and amend these Terms from time to time. The use of our website and the Contracts for the purchase of products through such website will be governed by Belgian law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Belgian courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.