Terms & conditions
1. The seller
Mon Petitou is the seller on this online shop. The business is registered at Kerkhofstraat 37 8580 Avelgem. The VAT-number is BE0652.756.055. You can contact us via mail (firstname.lastname@example.org)
These general sales terms apply to all orders and agreements of Mon Petitou, to the exclusion of any other general terms and conditions or conflicting stipulations. The consumer explicitly accepts the present terms and conditions with the mere action of placing an order. Alterations of these general sales terms, even if stated in documents stipulated by the consumer or our representatives, can only be used against us if they have been confirmed in writing.
3. Offers and acceptance of order
All offers are merely informative and non-binding. Every placed order binds the consumer, but only binds Mon Petitou after confirmation in writing or after processing the order. The customer who places an order commits to fulfill the payment of the order. Prices, product information and detailed order information are indicatory and subject to alteration and correction.
Products will only be delivered to those countries which are made available at our webshop. The time frame for delivery will be taken into account as precisely as possible. Wrongly communicated delivery addresses are the responsibility of the buyer and can lead to additional costs.
Unless otherwise stipulated in writing, the prices do not include the freight and delivery costs. Freight and delivery costs will be mentioned separately.
The listed delivery periods are not binding, but merely informative. Delay in delivery cannot lead to severance of the purchase or a compensation for the buyer, except in the case of deliberate delay. When one or several products ordered by the buyer are not available at the time of ordering, the seller cannot process the complete order. In this case, the seller has the right to deliver the order partially.
In case of non-delivery, the buyer will recover all payments already made, without interest or compensation.
Despite the fact that the risk of the sold goods descends to the buyer at the moment of delivery, the delivered goods stay property of the seller until the full amount has been paid.
In addition, the buyer authorizes the seller to take back the material at any time, as long as it is not paid in full, and wherever it may be located.
To be receptive, all complaints must reach us
(a) in case of complaint due to non-compliant delivery, within 8 days after delivery or
(b) in case of hidden defects, 8 days after discovering the defect or after a reasonable period in which the defect could have been determined.
The receipt of the goods by the buyer covers every possible fault or non-conformity which could then be determined.
The by the buyer received goods are covered by legal guarantees and articles 1649bis and following of the civil code are fully applicable.
Notwithstanding the foregoing, you will have no claim on the warranty for:
- Natural and/or normal wear and tear
- Changes or repair work carried out upon the item in an amateurish way by the consumer or by a third party, without the permission of Mon Peitou
- Damage caused by intentional acts or negligence
- Improper use or lack of maintenance
- Not being able to submit the original, not modified invoice
8. Right of renunciation
In the framework of remote sales to consumers subject to the Law of 6 April 2010, the consumer has the right to inform the seller that he renounces the purchase without penalty and without giving any reason, within 14 calendar days counting from the delivery date.
If the consumer invokes this right, he must return the goods in original condition and packaging at his own risk and expense to Kerkhofstraat 37, 8580 Avelgem, Belgium. Products specifically designed or labeled for the buyer or products with a limited freshness cannot be returned in which case the buyer cannot invoke his right of renunciation.
Mon Petitou cannot be held liable for delay of fulfillment or non-performance of stipulated obligations due to force majeure (unforeseen and independent circumstances). Force majeure include strikes, government measures, transportation difficulties, fire, import/export obstructions, problems at suppliers, production interruptions, storm damage and natural disasters.
10. Prices and payment
The invoices need to be paid at our business location Kerkhofstraat 37, 8580 Avelgem, Belgium at the maturity date, without discount unless stipulated otherwise.
Discount and bank costs shall be borne by the buyer.
Every complaint regarding the invoice needs to be communicated via a registered letter within 3 days after receiving the invoice.
In case of non-payment at the maturity date, the consumer is legally and without notice bound to pay a default interest of 1% per month, starting at the date of the invoice. In case of non-payment and if a reminder by ordinary post hasn’t received an answer within 14 days, the consumer is bound to pay a fixed compensation amounting to 10% of the outstanding amounts.
We legally reserve the right to, in case of total or partial non-payment of an invoice by the due date or any other breach of the buyer's obligations under this agreement, suspend or terminate immediately the implementation of all agreements with the buyer without notice or any judicial intervention. Furthermore, we legally reserve the right to claim all other due invoices or to deliver the goods partially only against cash payment, notwithstanding previous agreements.
Not taking immediate action against a shortcoming of the buyer, cannot be considered a renunciation by us to rely on this shortcoming afterwards.
In case the buyer can prove he suffered damages due to a contractual error made by the seller, he can claim a compensation, which will be limited to 10% of the total amount (excl. VAT), provided that the buyer can proof his suffered damages. The seller can never be obliged to compensate consequential or indirect damages.
11. Personal details
When buying online at our webshop, or visiting www.mon-petitou.com, the consumer authorizes Mellis BV to process his/her personal details for purposes such as management of customer bases, orders, deliveries and invoices, follow-up on solvency, marketing and advertisement. The use of personal information for marketing purposes and individual advertisement will only be possible if the consumer explicitly agrees to this while ordering. Mon Petitou shall not share this information with a third party. The buyer has the right to inspect and/or amend his/her personal details. The buyer always has the right to oppose against the use of his/her personal details for direct marketing purposes, without any additional cost. For more information, the buyer is invited to turn to the public register kept by the commission for protection of privacy in Brussels.
All parties accept the usage of electronic proof such as e-mails, backups… .
If any article of these conditions is declared invalid, such invalidity shall not affect the validity of the remaining provisions.
14. Applicable law
All agreements with the seller shall be governed by Belgian law. The Belgian courts have exclusive jurisdiction.