Terms & conditions
SELLER
This is a webshop of Otto Sales BVBA (hereinafter also referred to as ‘Magdalena’’, ’Seller’, ’the Seller’ or ‘us’), with registered address Léon Lepagestraat 63, 1000 Brussels, Belgium and company registration number BE0886 770 634.
Communication/working adres is Garde-robe Nationale, Nationalestraat 72, 2000 Antwerpen.
APPLICATION
These Terms and Conditions apply to the website www.magdalenastore.be
Every order submitted by the customer (hereinafter referred to as ‘Purchaser’, ‘the Purchaser’ or ‘you’) through the website www.justincase.be will be regarded as an acceptance by the Purchaser of the General Terms and Conditions, which are an integral part of the agreement with the Purchaser, unless other conditions were confirmed explicitly and in writing by the Purchaser.
OFFERS, ORDERS AND AGREEMENTS
OFFERS
All offers made by Magdalena are non-committal and can be revoked or changed.
Information regarding products and pricing, as well as detailed order information are drafted and announced under condition of change and correction.
The term of offers and specials is while stocks last or until the term as mentioned on the site has expired.
If the term of the offer or special has expired the Purchaser cannot lay claim in whatsoever way to this particular offer or special.
ORDERS
Magdalena is only bound to an order after it is confirmed in writing or until the order is being executed by one of our employees.
Magdalena is justified to refuse orders whether to stipulate special conditions regarding the agreement.
If an order cannot be accepted, or if Magdalena wishes to stipulate special conditions regarding the agreement, Magdalena will announce this within 30 days after receiving the order.
AGREEMENT
An agreement will come about when Magdalena has confirmed your order in writing, either via post or via e-mail.
PRICES AND COSTS
The prices stated on the website at the moment of ordering apply.
All prices are in Euro (€), VAT included, shipping costs excluded unless otherwise stated or agreed in writing.
Magdalena retains the right to change the prices of goods especially when a legal price determining factor gives rise to this.
Depending on the order and shipping address Magdalena will charge the Purchaser shipping costs accordingly.
Shipping costs are clearly and separately stated when placing an order.
The stated shipping costs are also due if the order cannot be delivered or if an order is returned either partially or completely.
Magdalena retains the right to charge shipping costs in certain special cases.
PAYMENT
The Purchaser can pay the purchase amount of the ordered goods, with added shipping costs, in different ways.
Magdalena retains the right to exclude certain means of payment.
Ordered goods will not be sent until all due amounts are met.
CREDIT CARD
If you opt for a payment with a Credit Card, you give Magdalena the right to check, when making an order, whether your Credit Card is valid and if there is sufficient room for expenditure to withdraw the purchase amount.
SHIPMENT AND DELIVERY
Products are only shipped to countries to which delivery is accepted as mentioned on the website unless explicitly and confirmed in writing by Magdalena.
Magdalena will deliver the ordered goods as soon as possible to the address provided by the Purchaser and this while stocks last.
All goods mentioned on the website are generally in stock. It is possible that some items are temporarily out of stock. In case of an order that cannot be shipped either partially or completely, Magdalena will inform you about this within 30 days following the date of the order.
In this case Magdalena has the right to annul the agreement without giving the Purchaser the right to any claim or insurance in any way.
Incorrect shipping addresses are the sole responsibility of the Purchaser and can lead way to charging extra shipping costs at the expense of the Purchaser.
Except for a well-defined stipulation to the contrary, prices do not include the shipping and delivery costs.
Shipping and delivery costs are clearly and separately stated.
The stated delivery period is not binding, it is merely an approximate indication. No delay in delivery can lead to cancel the agreement or to the payment of a claim made by the Purchaser in favour of the Purchaser unless this delay was intended.
Magdalena has the right to make partial deliveries.
In case of non-delivery of the goods, the Purchaser is entitled to a complete refund of the paid sums without interest or other reimbursement.
PROPERTY OF THE GOODS
The delivered goods remain property of Magdalena until the complete payment of the due amount, inclusive all costs, obligations, reimbursements and interests of negligence. Regarding a non-payment Magdalena retains the right to take the ordered goods back, this by right and at the expense of the Purchaser.
RETURNS AND REFUNDS
The Purchaser has the right to announce to Magdalena that the Purchaser wants to waive the purchase, this without payment of a fine and without stating a motive within fourteen (14) workdays following the day of delivery.
If the Purchaser appeals to this possibility , one has to return the goods at risk and expense of the Purchaser in their original state and original packaging to Garde-robe Nationale (Magdalena), Nationalestraat 72, 2000 Antwerpen.
This applies only to unused, undamaged goods with their respective labels still attached and in their original packaging.
The costs and risks of returning goods are at the expense of the Purchaser. We request you to sufficiently stamp the return shipment. If we receive an unstamped return, we will charge our extra costs as a result of that at your expense. If necessary we will deduct this cost from an amount still due to you.
Magdalena will refund you the already paid amounts within fourteen (14) days of receiving the return. Charged shipping and refund costs of the purchase amount will be added.
COMPLAINTS
In case of a complaint due to non-conform or incorrect delivery, these complaints need to be forwarded at Magdalena within eight (8) days of the delivery date in order to be admissible.
In case of hidden faults, complaints need to be forwarded in writing within eight (8) days after discovery of the fault or after the moment at which such discovery should reasonably have been made.
The acceptance of the goods by the Purchaser covers every possible fault, every non-conformity or every error regarding the delivery that could have been recorded.
RETOUCHES / CHANGES
Changes made following the purchase and at request of the Purchaser need to be requested in writing. Magdalena will carry through these changes as good as possible but will not be held responsible for the end result. Possible costs that accompany retouches will be charged at expense of the Purchaser, this includes the shipping costs as well as possible labour hours.
Magdalena will forward the cost extent of these changes to the Purchaser who is requesting these retouches.
Returning retouched goods is out of the question, as well as a refund of the purchase price.
FORCE MAJEURE
Magdalena is not liable for a delay in execution or non-execution of its commitments due to events outside its normal control, included but not restricted to interruptions in production, difficulties in supply of or shortage of resources, labour, energy or transport, or delays in transport, strikes, lock-outs, interruptions of labour or other collective labour disputes, that either concern Magdalena, either the subcontractors of Magdalena and this even when these events are to be foreseen. Other circumstances can be seen as a force majeure, i.e. war, fire, floods, accidents, each intervention of the government in any economic, financial, customs related and monetary way. These cases can be seen as examples and are in no way restrictive.
PERSONALLY IDENTIFIABLE INFORMATION
By placing an order on the website of Magdalena the Purchaser explicitly allows the processing and the use of its personally identifiable information for purposes such as the administration of clients, the management of orders, deliveries and invoices, the monitoring of solvency, marketing and advertising.
Processing of personally identifiable information for marketing purposes and individualized advertisements is carried out as stated in our Privacy Policy.
EVIDENCE
Magdalena and the Purchaser accept the use of electronic evidence in the context of their relations, such as e-mail, electronic files or back-ups.
OTHER
If one or more stipulations of these Terms and Conditions or any other agreement with Magdalena is declared as null or is contrary to any applicable legal provisions , this nullity will not affect the validity of other items.
Magdalena will replace the stipulation concerned by a new by rights acceptable similar stipulation.
Magdalena retains the right to make changes to the Terms and Conditions.
The Terms and Conditions that apply are those that are published on the website at the moment of the agreement. The Purchaser can print these out prior to or during the ordering procedure.
APPLICABLE LAW
The Terms and Conditions of and all agreements made with Magdalena shall be governed by and construed in accordance with the laws of Belgium and the Purchaser irrevocably submits to the exclusive jurisdiction of the courts of Belgium.