Terms of service

General terms and conditions

The consumer has the right to inform Marie Méro that he/she is withdrawing from the purchase, without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the goods or the conclusion of the service contract.

ARTICLE 1: IDENTITY OF THE SELLER

Van der Elst J. NV (Marie Méro)
Brugstraat 188
9880 Aalter
Belgium

E-mail address: info@mariemero.be
Company number: 0459.017.163
VAT number: BE459.017.163

ARTICLE 2: APPLICABILITY

  1. Our general terms and conditions apply to any offer made by us as a merchant to you as a consumer (any natural person who acquires or uses products or services placed on the market exclusively for non-professional purposes,).
  2. Before an Agreement is concluded between us, we will clearly bring the text of these general terms and conditions to your attention and ask you to accept them. You can always request a copy or inspection of our general terms and conditions by e-mail.
  3. If any special terms and conditions apply in addition to these general terms and conditions, the above also applies to those special terms and conditions. In the event of a conflict between our general terms and conditions, and those special terms and conditions, you, as a consumer, may always rely on the most advantageous text in your favour.
  4. Any general terms and conditions you may wish to impose shall not apply unless expressly accepted by us in writing. The same applies to any reservation, limitation, condition or clause imposed by any other party, unless expressly accepted by us in writing.

ARTICLE 3: OUR OFFER AND YOUR ORDER

  1. If an offer has only a limited validity period, or is subject to certain conditions, we will expressly state this in our offer.
  2. We will always describe what we are selling to you as fully and accurately as possible. In any event, the description will be sufficiently detailed to allow you to make a proper assessment. If we use illustrations, they are a true representation of the goods and/or services offered. However, we cannot exclude the possibility of error and in such case we will not be obliged to deliver to you.
  3. Your order is complete and the agreement between us is final when we confirm your order by email. Until you have received confirmation from us, you may cancel your order.
  4. In certain cases, we may decide to check whether you will be able to meet your payment obligations and whether there are other reasons why we may not be able to deliver to you. If, based on this investigation, we have good reason not to enter into the agreement, we may refuse your order or impose additional conditions on it. In that case, we will always tell you why we are doing this.

ARTICLE 4: RIGHT OF WITHDRAWAL

  1. When you purchase goods from us (except for the exceptions as listed below), you have the right to decide within 14 days from delivery that you do not wish to keep the goods. You can then return your order, without paying a penalty and without giving any reason. Within 14 days after we have received your order back, we will refund you the full purchase price of your order and, where applicable, credit you for the cost of returning the goods. In any case, we will clearly inform you of this right once again when confirming your order or at the latest on delivery.
  2. During the first 14 days after delivery, we expect you to treat the order and its packaging with care. If you still wish to return the goods as described above, you may only unpack or use them to the extent necessary to decide whether you wish to keep them. Returned goods must not have been used. If you return the goods, they must be returned with all accessories supplied, in their original condition and packaging as well as in accordance with our instructions.
  3. There are 2 options for returns from Europe. Before using either option, you must register your return with Marie Méro by entering your email address and return number (see delivery note) on the return platform (click on 'return platform').

OPTION 1: RETURN BY POST.

Create a return label with Bpost. Click on https://mariemero.shipping-portal.com/rp/. The return fee is €5 and will be deducted from the amount to be refunded. You will receive the return label by e-mail. Stick the return label on the box. Hand in your return at a Bpost office or Post Point, ask for a receipt and keep it in a safe place. This step applies to all orders placed in Belgium, the Netherlands and other European countries.

OPTION 2: RETURN VIA A MARIE MERO CONCEPT STORE.

You go to one of our concept stores to return your package in its original packaging. This return is free of charge. You do not pay any return charges. Refunds are made via the head office for each option.

  1. For returns from the UK, Switzerland and non-European countries: BEFORE returning, you must contact webshop@mariemero.be to request the commercial invoice for the return package. This commercial invoice must be put 1x in the box and 1x attached to the box. For this purpose, we sent you a document sleeve with the parcel. Use this to stick the commercial invoice 1x on the box. If you do not do this, all additional costs associated with customs, transport and import duties will be deducted from the refundable amount. You arrange the return yourself, by post or other European courier. If all steps are done correctly, no transport or other costs will be deducted from the refundable amount.
  2. Once we have received your return, we will send you a confirmation email and the items will be processed within 14 days. If you do not provide a bank account number for the refund, you will receive a credit voucher for our web shop that is valid for 3 months. The return fee of €5 will be deducted from the amount refunded.
  3. If you return goods, you are responsible for their transport. If they are lost or damaged in transit, we will not be able to refund you.

ARTICLE 5: PRICE

  1. Our prices do not change during the period mentioned in our offer, except for price changes due to legal changes such as changes in VAT rates.
  2. Our prices include all taxes, VAT, duties and services. So there will be no surprises. If we charge delivery costs for home delivery or delivery to a Bpost point, we will always inform you before you finalise your purchase.
  3. However, if you live outside Europe, you will always have to pay any import duties or taxes yourself. The payment of these is your own responsibility and we cannot possibly inform you in advance if you will have to pay duties and how much they will be.

ARTICLE 6: PAYMENT

  1. Unless we have agreed otherwise with you, we will only accept payment in advance via our website.
  2. All payment methods accepted by us are listed on our website.
  3. If you notice any inaccuracies in your payment details, or notice anything suspicious during your payment, you should notify us immediately.
  4. If you have not paid in advance and you fail to pay us on time or in full, we may charge you for any costs incurred as a result.

Initially, a first reminder will be sent if you fail to pay by the due date. This first reminder will be free of charge. After the expiry of a period of 14 calendar days, starting from the third working day after the reminder was sent to you as a consumer, or the day following the day on which the reminder was sent if this was done electronically, the outstanding amount will be increased with interest on arrears at the reference interest rate increased by 8 percentage points as stipulated in article 5, second paragraph of the Law of 2 August 2002 on combating late payment in commercial transactions (art. XIX.4 WER), as well as by a lump-sum compensation that:

  1. 20 euros if the balance due is less than or equal to 150 euros;
  2. 30 euros plus 10% of the amount due is on the tranche between 150.01 euros and 500 euros if the balance due is between 150.01 euros and 500 euros;
  3. €65 plus 5% of the amount due is on the tranche above 500 euros with a maximum of 2,000 euros if the balance exceeds 500 euros.

All goods sent to you remain our property in every case until you have paid for them in full. If you do not pay for them (on time), we may decide at any time to take them back at your expense. As long as you have outstanding invoices with us, you may not resell, give away, pledge or mortgage the goods delivered by us.

ARTICLE 7: CONFORMITY AND GUARANTEE

  1. We guarantee that our goods correspond to your order and meet the normal expectations you may have of them, taking into account the specifications of the product. Naturally, we also guarantee that our goods comply with all legal regulations in force at the time of your order.
  2. In accordance with the articles 1649bis to 1649octies of the old Civil Code, you may invoke the legal guarantee if the product delivered does not conform to the purchased product and if the non-conformity is established within two years of delivery. You must notify Marie Méro of this non-conformity within a period of two months from the day on which you discovered or could reasonably have discovered the defect. After this period, any right to repair or replacement expires. If the product is defective within the first two years after delivery, it will be presumed that the defect has existed since delivery. This presumption does not apply if this would be incompatible with the nature of the consumer goods or with the nature of the non-conformity. Marie Méro will have to prove the contrary if it does not agree. In order to invoke the guarantee, you must be able to present your proof of purchase or the invoice. Therefore always keep these well. The quarantee is not transferable.
  3. As a consumer, you can also invoke the legal guarantee against hidden defects as stipulated in articles 1641 to 1649 of the old Civil Code if the hidden defect existed at the time of delivery and if the hidden defect, of a certain seriousness, makes the good unsuitable for the use for which it is intended or restricts its use considerably. You must notify Marie Méro within a period of two months, from the day on which you discovered or reasonably could have discovered the defect.
  4. Please note that we will never provide warranty for defects arising from, among other things, accidents, aggravation of the condition due to negligence, falls, use of the good contrary to the purpose for which it was designed, failure to follow the instructions or the manual, modifications or alterations to the goods, improper use, incorrect assembly, inadequate maintenance, abnormal, commercial or incorrect use.
  5. The guarantee for our goods is limited to the guarantee for consumer purchases and the guarantee for consumers for hidden defects as set out above, both of which are provided for in the old Civil Code. Under no circumstances can we be held liable for general or specific indirect damage, consequential damage, loss of profits or opportunities or damage of any kind suffered by you.

ARTICLE 8: DELIVERY AND PERFORMANCE

  1. All goods will be delivered to the address indicated by you at the time of your order. The delivery method and address cannot be changed once we have confirmed your order.
  2. Deliveries are made from Monday to Friday, excluding public holidays.
  3. For ALL home deliveries within Belgium there is NO delivery charge. For shipping costs for international deliveries please consult the Bpost website, see: http://www.bpost.be/site/nl/residential/parcels/international/kilopoststand.html. Shipping costs are subject to change without prior notice.
  4. Home deliveries are made by Bpost. They will deliver the parcel to the address of your choice, which should be an address where you are present between 8 am and 5 pm (e.g. at home or at work). If you are not at home, you should go to the post office listed on the absence note left by Bpost for collection.
  5. As far as reasonably possible, we will deliver your order at the latest within 30 days of your order, unless a longer delivery period has been agreed or stated beforehand. If we are unable to deliver on time, we will always notify you before this 30-day period expires. If we fail to do so and you are a consumer, you may cancel your order free of charge. In this case, we will refund you within 30 days of cancellation at the latest.
  6. Under no circumstances can we be held liable for exceeding an agreed delivery time if this is due to force majeure. For the purposes of this agreement, force majeure is defined in clause 9.
  7. Our deliveries are always made at our risk. This means that you don't have to worry about goods getting lost in shipment. However, if you, as a consumer, return goods to us within 14 days of purchase because you do not wish to keep them, you are responsible for their transport and receipt at our warehouse.
  8. If the goods delivered by us have been damaged during transport, do not correspondent to the items listed on the delivery note or do not match the items you had ordered, you must report this as soon as possible and in any event within 3 days and you must return the goods to us within 14 calendar days of receipt. To do so, you must log into your 'My MarieMéro' account on our website, select 'Return Items' in the menu and follow the return procedure.
     We cannot be held responsible for any consequential damage resulting from late delivery or non-delivery by the carrier appointed by us. Our liability in such cases shall be limited to the value of the items that have been proven not to have been received by the customer.

ARTICLE 9: FORCE MAJEURE

  1. In the event of force majeure, we are not obliged to fulfil our obligations. In this case, we may either suspend our obligations for the duration of the force majeure or dissolve the agreement definitively.
  2. Force majeure is any circumstance beyond our will and control that prevents us from fulfilling all or part of our obligations. This includes all circumstances beyond our control or that are unforeseeable, war or similar situations, riots, sabotage, boycotts, strikes, blockades, shortage of raw materials, damage to machinery, fire, breakdown, power failures, failures of a (telecommunication) network or connection or communication systems used and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other third parties engaged or any other failures on behalf of third parties, sickness or shortage of labour, measures taken by the public authorities (including foreign authorities) such as a ban on transport, import, export or production, natural disasters, bad weather, lightning strikes, fire, explosions, leakage of dangerous substances or gases or a pandemic or an epidemic affecting the free movement of goods and/or persons.

ARTICLE 10: INTELLECTUAL PROPERTY

  1. Our website, logos, texts, photographs, names and in general, all our communications are protected by intellectual property rights belonging either to us, to our suppliers or to other right holders.
  2. You are prohibited from using and/or modifying the intellectual property rights described in this article. For example, you may not copy or reproduce drawings, photographs, names, texts, logos, colour combination, etc. without our prior and express written consent.

ARTICLE 11: COMPLAINTS AND DISPUTES

  1. We always hope that all our customers are 100% satisfied. If you do have any complaints about our services, you can contact us using the contact form on our website (https://mariemero.be/pages/contact). We will endeavour to deal with any complaint within 7 working days.
  2. All agreements we enter into with our customers, regardless of their place of residence, are governed exclusively by Belgian law and, in the event of disputes, the courts or tribunals of the district of Ghent (Belgium) or the justice of the peace court in Zomergem will have exclusive jurisdiction.

ARTICLE 12: PROCESSING OF PERSONAL DATA

  1. The processing of your personal data carried out within the framework of this agreement will always be carried out in accordance with the legal provisions.
  1. In particular, the processing shall be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as well as in accordance with the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and any other supplementary rules applicable to personal data in Belgium.

ARTICLE 13: NULLITY

  1. The nullity of one of the provisions of these general terms and conditions shall not result in the nullity of the remaining provisions of these general terms and conditions and of the agreement.