Terms & Conditions

 

 

These terms and conditions are effective from 01.01.2015.
 

 

 

Article 1 - Identification of the seller, the customer and the consumer

The Seller is: Suryani Six, Hammeveld 25, 3061 Leefdaal (BELGIUM) - VAT BE 0897.257.819, trading under the names "Suryani Six Styling" and "Madame Chichi" (hereinafter the "Seller"), tel. 0032 / 485.62.75.94.

A Customer is defined as any visitor of the site or any natural or legal person who is (or will be) in a contractual relationship of any kind with the seller.
 

A  Consumer is a customer as described above who is a natural person (no legal personality) and who is acting for purposes which are outside his trade, business, craft or profession.
 

 

Article 2 - Scope

These terms and conditions (hereinafter referred to as "Terms") apply to the internet sale of items from the range of the shop of Madame Chichi (accessible through  the url www.madamechichi.be and related pages).
 

Before placing an order, the customer must be read these Terms carefully.

By placing an order, the customer accepts these Terms and Conditions.
 

If one of these conditions (either the entire article or any part thereof) is illegal or unenforceable for any reason whatsoever, the remaining provisions will remain in force.
 

The agreement can be concluded in Dutch or English, depending on the customer's choice.

The customer can not rely on the fact that he is not sufficiently mastered the language chosen to invoke the inapplicability of one or more of the conditions.

The seller is entitled to use intermediaries and other third parties in the execution of an agreement with the customer. In that case these Terms and Conditions also apply in full.
 

 

Article 3 - Changing conditions and applicability

The seller may at any time amend these Terms. The latest version of the conditions are always available on the website of www.madamechichi.be. These conditions can be printed or saved electronically by all users of the website. As long as they are published on the website, these conditions apply to all purchases made ​​through the website, or in some other way.

On ongoing agreements the conditions that were applicable at the time of the conclusion of the sale always remain applicable.
 

Any order after the change of the terms and conditions implies an acceptance by the customer of these new terms and conditions.
 

 

 

Article 4 - Offer

The offer of the seller is subject to availability and may change at any time. Images are intended to be illustrative (and may contain elements that are not included in the price or deviate from the article).

The offer, in whatever form, is always composed with the utmost care. However, it is possible that the information given is incomplete, too general, or not up-to-date.
 

The seller is in no way liable for material errors, mistakes or printing errors, technical failures on the website, viruses, online fraud, unavailability of the website, nor for other causes that make the content of the website inaccurate, inappropriate, incorrect or incomplete.
 

For more information, customers can contact the seller using the contact form under the heading "contact us" or by mail to info@madamechichi.be.

 

Article 5 - Conclusion of the internet sale

An order can be only placed through the website  www.madamechichi.be  .
 

The sale is concluded at the moment when the seller explicitly confirms by email that the  product will be delivered (i.e. confirmation by the seller in response to a customer order).

The time of e-mail transmission by the seller is decisive, not the previous order of the customer itself.

The electronic files of the seller apply here as evidence, to the extent permitted by law.
 

The seller has the right to refuse orders in the following cases:
- In case of serious suspicion of abuse of rights or bad faith of the customer
- In case of exhaustion of stock or when an article is no longer available
- in case of force majeure (this is each circumstance beyond the sellers control which makes that the fulfilling his obligations towards the customer is fully or partly prevented. Those circumstances include strikes, fires, business disturbances, power failures, non or late delivery from suppliers or other third parties, the absence of any license to be issued by the government, as well as failures/disturbances in (tele)communication networks, connections or -systems and / or the unavailability of the website at any time.

 

Article 6 - Prices

Unless mentioned otherwise, all prices are expressed in EURO including VAT and excluding shipping or delivery charges.
Possible additional dispatch or delivery costs and / or other administrative costs are listed on www.madamechichi.be.
The seller reserves the right to change prices. But ones an order is placed and confirmed by the seller, for this internet sale the indicated price at the time of the order counts.

All offers are valid as long as they are listed on the website, except in the case of stock depletion, force majeure or any of the circumstances described in paragraph 4 of Article 5, in fine.
 

However, the seller can not be held responsible if the customer, in terms of reasonableness and fairness in society prevailing views, is ought to understand that the offer or any part thereof contains an obvious mistake or error.
 

Offers do not apply automatically to second orders.
 

All costs of (tele)communication, or other costs that the customer spends to get  in connection with the seller or the website of the seller, are borne by the customer.

 
 

Article 7 - Payment
 

The customer can use Paypal to pay for his order

 

The payment must be made before shipment / delivery.

 

 

Article 8 - Ownership Transfer

The goods remain the property of the seller until full payment. The risk of loss or damage shall pass to the customer from taking possession of the goods, being the date on which the goods are delivered to the address specified by the customer.


 

Article 9 - Delivery of an order

 

Products in stock can usually be delivered within one week. If the products are not in stock, a delivery time of 2-3 weeks should be taken into account. Delays will be notified to the customer by email or by phone.

The delivery times mentioned above are indicative and do not imply any result commitment for the seller.

 

In the event that an ordered item is not in stock, the customer will also be by email or phone informed.

 

Delivery will take place in the following way:

 

 

• the Belgian Post - BPOST (shipping within Belgium)

   

  Once the order is ready ​​and the payment has been received by the seller, the order will be sent with a parcel to the address chosen by the customer.

   

  Orders are sent by the seller through Bpack Secur.

  The delivery will normally take place on the next business day after delivery at the post office by the seller. This delivery time is indicative and does not imply any result commitment for the seller.

  The customer must sign a receipt.

   

  In case of absence the recipient can request a second presentation by phone OR the recipient can pick up his package at the Post Office or Post Point which will be indicated on the message of absence, both within two weeks (day of delivery not included).

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• International shipping (on request and subject to change)

 

If the customer requests shipment to a country other than Belgium, the Netherlands, France, Luxembourg and Spain, the seller will contact the customer to notify him if delivery in that country is possible, and if so, under what terms (delivery period, costs , etc.).

 

 

 

 

The customer should always check the order upon delivery.

 

All delivery times stated on the website and in these terms and conditions are indicative;

They do not bring any commitment for the seller.

 

Exceeding the delivery times will never give the customer a right to compensation, a right to cancel the order, or a right to dissolve the contract, unless the delivery is so long that the customer can not reasonably be expected to keep the agreement intact. In that case the customer is entitled to cancel or terminate to the extent necessary.  Possible payments will be returned.

 

The customer is responsible for providing the correct address. The seller is not responsible for items that are lost due to a wrong address.

Article 10 - Possibility of revocation of the contract

§1 provisions applicable to consumers

Within 14 calendar days starting from the day following the day on which the consumer receives the product, a consumer (as defined in Article 1) has the right to inform the seller that he wishes to use his right to revoke the contract, without having to pay compensation for it and without him having to specify a reason.

To this end, the consumer may

1 °
     use the model revocation form which you can find here.

2 °
     provide any other unambiguous statement in which he declares to revoke the contract. This statement must be sent to:
 

Suryani Six
Hammeveld 25
3061 LEEFDAAL
Belgium
 

OR if sent by e-mail:

info@madamechichi.be

The right of revocation for supplied products shall take effect only if the goods are actually sent back within 14 calendar days after the consumer has notified the seller that he wishes to revoke his purchase. The revoked product must be returned in new condition, in its original packaging, in perfect condition and accompanied by the original sales invoice (of which the consumer retains a copy) and a completed revocation-return which is enclosed with the order or which you can find here.

 

The consumer bears the costs for returning the goods to the seller in case of revocation. All risks associated with the return shipment are borne by the consumer.

 

If the consumer revokes and returns the entire order, he will be refunded both the price of the order and the shipping costs (shipping from the seller to the consumer).

If the consumer keeps one or more articles from the order, he will only be refunded the price of the rest of the order. In that case none of the shipping costs will be refunded.

 

Each returned parcel of which the sender can not be identified, will be refused. Once the 14 calendar days have elapsed, the seller is unable to accept the returned parcel and it will be sent back to the sender.

 

The return must be sent to the following address, which is also clearly stated on the return document.

Suryani Six
Hammeveld 25
3061 LEEFDAAL
Belgium

 The refund will be carried out within 30 days through PAYPAL, unless the consumer expressly chooses  a gift card.

 

If the original payment was done by the consumer with a gift card, the refund will always be carried out using a gift card.

 

The following items can not be revoked and shall in no event be taken back:

 

• Used, damaged, soiled, or incomplete goods

• Discounted goods or soldered goods 

• Goods that are manufactured according to the consumer's specifications 

• Goods which are clearly intended for a specific individual (custom jewelry

 

 

The refund of the purchase will be made within 30 calendar days after timely receipt of the return by the seller if all the conditions as described above are strictly fulfilled. The seller will withhold the reimbursement until she has recovered all revoked goods.

The refunded amount will never be higher than the amount actually paid by the consumer.

 

 

§ 2. provisions applicable to the other customers (non-consumers)

The customer must check the order upon delivery. If the delivered goods do not correspond to the goods mentioned on the contract, the customer has the right to inform the seller that he renounces from the purchase within 7 calendar days from the day following  the delivery.
 

The customer who wishes to make use of this right must, within 7 calendar days from the  delivery, notify the seller of this by writing OR through the contact form on www.madamechichi.be OR by email. The customer must indicate verbatim that he / she "makes use of his right of revocation".

This statement must be sent to:

 
            Suryani Six
            Hammeveld 25
            3061 LEEFDAAL
            Belgium

            OR if sent by e-mail:

            info@madamechichi.be

Within the same period of 7 calendar days the customer must also send back to the seller (at the address mentioned above) the revoked articles in the original, undamaged condition, in original packaging with all accessories and with the original sales invoice (of which the customer retains a copy) and with a completed return document using the standard form to  return postage, included as Annex 2 of this terms and conditions.

 

Each returned parcel of which the sender can not be identified, will be refused. Once the seven calendar days have elapsed, the seller is unable to accept the returned parcel and the returned parcel will be sent back to the sender.

 
The return must be sent to the following address, which is also clearly stated on the return document.

            Suryani Six
            Hammeveld 25
            3061 LEEFDAAL
            Belgium

The costs and risks associated with the return shipment are borne by the customer.
 

If the original payment was done by the customer through PAYPAL, the refund will also be carried out through PAYPAL , unless the customer expressly chooses a different method of repayment when returning the goods (choice between bank transfer, PAYPAL or a gift card).

 

If the original payment was done by the customer through bank transfer, the refund will also be carried out through bank transfer, unless the customer expressly chooses a different method of repayment when returning the goods (choice between bank transfer or a gift card). The refund through bank transfer will be carried out to the bank account  number that has been mentioned by the customer on the return document.

 

 

If the original payment was done by the customer with a gift card, the refund will always be carried out using a gift card.

 

The following items can not be revoked and shall in no event be taken back:

 

• Used, damaged, soiled, or incomplete goods

• Discounted goods or soldered goods 

• Goods that are manufactured according to the consumer's specifications 

• Goods which are clearly intended for a specific individual (custom jewelry

 

 

The refund of the purchase will be made within 30 calendar days after timely receipt of the return by the seller, provided that such return is valid and all the conditions described above are strictly complied with. The refunded amount will never be higher than the amount actually paid by the customer.

 

 

 

Article 11 - Gift Cards

 

 

Gift cards are valid for 1 year.

 

There are gift cards of € 25, € 50, € 75, € 100, € 125 or € 150.

           

Gift cards are either sent by e-mail (digital coupon) or sent by mail (luxury paper gift card). These will be sent by registered mail, according to the rates of the Belgian post.

 

Gift cars can not be returned or exchanged for cash or other forms of payment, even partially.

 

If a gift is only partially used up, the customer will receive a new voucher for the remaining amount. If the amount of the full purchase exceeds the value of the gift voucher, the customer must pay the remaining amount through Paypal.

           

Gift cards are sent to the customer once the order is placed and the payment is confirmed.

                         

Madame Chichi can not be held responsible for the delivery of a gift card through email to a non-existent or incorrect email address or to a wrong address. The customer must himself ensure that the entered information is checked carefully and correctly.

                       

Madame Chichi can also not be held responsible for gift cards stolen without the customer's consent, sold, destroyed, lost or used.

 

 

 

 

Article 12 - currency

 

The goods are paid and refunded  in EURO. The seller is not responsible for any changes in exchange rate of the currency which the customer uses in relation to the EURO. Possible changes in the exchange rate will not take effect at the expense of the seller.
 

 

 

 

Article 13 - Warranty

The seller provides a warranty of 6 months starting from the invoice date for component defects that occur in a normal private use and taking into account the rules below.

 

During the aforementioned period, the seller shall replace or repair the defective product (or part thereof) free of charge. The seller reserves the right to exchange the item if the repair costs are disproportionate, or if repair is not possible.

The warranty does not apply to:
- Defects that arise as a result of accidents, intentional acts, negligence, use of the product contrary to the purpose for which it was designed;
- Defects caused by failure to follow the instructions, rough use, poor maintenance, abnormal, commercial, professional or improper use.
- Defects that arise as a result of fall, loss, fire, flood, natural disasters, general situations of force majeure

This warranty does not apply in the event there is a normal wear and tear, nor in the event of discolored metal parts as this discoloration is natural and depends on the acidity of the customers skin.
 

If the purchased items, however, show a defect over time, it is always possible to contact the seller to see if it can be restored easily. If the warranty has expired or the defect / damage is not covered under warranty, the customer can request a repair for which he pays a repair price to the seller  (the repair price is at the discretion of the seller).

The applicability of the warranty is at the discretion of the seller.

The seller is not obliged to pay any compensation to the customer or others, unless there is intent or gross negligence by the seller.
The seller is not liable for consequential damages, indirect damages nor for the loss of earnings, revenues, profits.

 
If, for any reason, compensation is due by the seller, it will never exceed an amount equal to the invoice value of the product or service by which the damage was caused.
 

The invoice serves as a warranty document. In order to invoke the warranty, the customer must be able to present the original invoice. The warranty is not transferable.

The warranty starts on the invoice date.

 

 

Article 14 - Complaints

Any visible damage and/or qualitative deficiency of the articles or other failure relating to the delivery must IMMEDIATELY be reported to the seller through email or the contact form, under penalty of forfeiture of all rights of the customer.

For complaints relating to the order, the customer can contact the seller through the contact form through on www.madamechichi.be ('contact us') or through email.
 

 

Article 15 - Data Policy - Privacy

The seller respects the privacy of all visitors and users of the website. The personal data are managed and used in full compliance with the provisions of the Belgian law on privacy of 8 December 1992 on the protection of privacy.
 

The personal data of the customer are used to send a confirmation e-mail and / or to send the purchased goods to the chosen address.

The personal data of the customer will only be used within the enterprise of the seller and in no way passed on to third parties. The seller also uses these personal data for its customer base, customer service, prospection, marketing and follow-up of claims.

The customer has the right to consult his data and to adjust if necessary.  To do so, the customer has to send a dated and signed request, together with a copy of both sides of his identity card to the seller, Suryani Six, Hammeveld 25, 3061 Leefdaal , BELGIUM.

If the customer does not want to receive any commercial prospection from the seller, he can let the seller know by e-mail addressed to   info@madamechichi.be  .


 

Article 16 - Intellectual property

The content of this site, including trademarks, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual property rights and belong to the seller or to a third party.

Intellectual property rights include: patents, copyrights, trademarks, design rights, trade names and other intellectual property rights, also including, whether or not patentable technical and / or commercial know-how, methods and concepts.

The content of this website may only be displayed and printed for personal and non-commercial use.

By violating the intellectual property rights or the other rights of the seller, the customer obliges himself to indemnify the seller and to preserve the seller against any claims.

 

Article 17 - Proof

The customer accepts electronic evidence (emails and backups).

 

 

Article 18 - Applicable law - Jurisdiction

The Terms are governed by Belgian law. In the event of a dispute, the courts of Leuven have exclusive jurisdiction.