Terms of sale | MA-Shops

GENERAL TERMS AND CONDITIONS

1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS AND APPLICABLE LAW

These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded between the entrepreneur and the customer. In addition to these general terms, specific conditions may apply to certain services and/or products if expressly stated. In the event of differences between the specific conditions and these general terms, the specific conditions take precedence unless otherwise stated.

These general terms prevail over any general and/or other terms of the customer, even if the latter state they are exclusively applicable. The entrepreneur reserves the right to amend these terms at any time. The possible nullity of one or more clauses does not affect the validity of the remaining clauses. By accepting an offer and/or placing an order, the customer accepts these terms. The text of these terms can always be consulted and may be provided upon request.

These terms do not affect any statutory rights afforded to the customer under mandatory national legislation.

2. THE OFFER AND THE FORMATION OF THE AGREEMENT

The entrepreneur’s offer is non-binding and may be withdrawn at any time.

The entrepreneur endeavours to keep the website updated and to remove already sold products. However, if a customer accepts an offer that has already been accepted by someone else, no agreement is formed.

An agreement is concluded when the customer accepts the offer. The entrepreneur assumes that the person accepting the offer is authorised and competent to conclude the agreement.

3. PRICE AND COSTS

All prices are expressed in euros and include the applicable VAT rate (margin scheme).

The customer is obliged to pay the price stated on the delivery note as well as the invoice. Obvious errors, manipulations or mistakes can be corrected even after conclusion of the agreement.

The method of delivery and any related costs are clearly communicated to the customer in advance.

4. PAYMENT

Payments may be made by bank transfer or via PayPal.

Invoices must be paid no later than five working days after receipt. Failure to do so results, automatically and without prior notice, in interest of 15% of the invoice total as well as a fixed compensation of 10% (minimum EUR 75).

5. DELIVERY

Deliveries take place as soon as possible, either by collection by the customer or to the address specified by the customer when the agreement was concluded.

As soon as the products are delivered to the specified address or collected by the customer, the risk passes to the customer.

Any delivery not explicitly included in the customer’s order is considered an additional delivery at the customer’s request and will be charged accordingly.

The entrepreneur may deliver purchased products in several parts.

The entrepreneur may entrust the execution of certain services, such as delivery, to third parties.

We are not responsible for any import duties, taxes, customs fees or other charges that may apply.

Shipments outside the European Union are entirely at the buyer’s risk. It is the buyer’s responsibility to inform themselves of import restrictions and regulations in their country.

6. ACCEPTANCE, COMPLETION AND COMPLAINTS

Upon receipt, the customer must check the condition and completeness of the product. Any damage, defect or incompleteness must be reported immediately and in writing. The customer has 15 days from delivery to report any defect by registered mail. After this period, the customer loses the right to invoke any defect or non-conformity.

This 15-day guarantee does not apply if:

the products were damaged through intent, gross negligence or carelessness,
the original invoice cannot be presented, has been altered or made illegible,
defects result from improper or incorrect use.

The customer loses all rights to complaints as soon as the products are resold.

If a defect or non-conformity is reported correctly and within the time limit, the entrepreneur will attempt to repair or replace the product. If this is not possible, the faulty part will be credited at the price listed on the delivery note or invoice. The customer acknowledges that these measures constitute full and adequate compensation.

The entrepreneur may verify the defects on-site, personally or via an appointed representative.

Complaints—whether accepted by the entrepreneur or not—do not release the customer from payment obligations.

The customer must reimburse costs arising from unjustified complaints.

8. RETENTION OF TITLE

Ownership of the sold goods passes to the customer only after full payment of the price, costs, interest and all other charges.

Before ownership has transferred, the customer may not encumber, sell, deliver or dispose of the products. If the customer resells the products before full payment, the retention of title automatically transfers to the resulting sales price.

In case of non-payment at the due date, the entrepreneur is entitled, without prior notice, to reclaim the delivered goods. Upon return—provided the goods are in good condition—payments already made will be reimbursed, minus:

loss of profit, fixed at 15% of the invoice total;
a fixed damages fee of 5% for management and administrative costs.

The entrepreneur may claim higher damages if proven.

9. FORCE MAJEURE

The entrepreneur is not liable for any failure to fulfil obligations caused by force majeure in the broadest sense.

In the event of force majeure, the entrepreneur may:

temporarily suspend performance,
terminate the agreement,
invite the customer to negotiate new conditions.

10. APPLICABLE LAW AND COMPETENT COURTS

All offers and agreements between the entrepreneur and the customer are governed by Belgian law.

Information

Online orders are welcome as always and will be shipped directly.