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General conditions

 

IDENTITY OF THE SELLER
Top Creaties NV
Woudstraat 5, 3600 Genk
Email: [email protected]
Company number: BE0458025090

RELEVANCE
These terms and conditions apply to all online transactions with Top Creaties NV. Please read these carefully before placing an order. All agreements are subject to and interpreted in accordance with the Belgian law. In addition, all disputes will be exclusively settled by the Belgian courts. Nothing in these conditions will be considered to affect your statutory rights. By using this website you agree to these terms and conditions. All transactions with Top Creaties NV are subject to these terms and conditions. “The company”, “we” or “our” always refers to Top Creaties NV. “The customer” always refers to the person or people that buy goods at the company or agree to buy goods at the company. Every reference to the website implicates a reference to all URL’s that belong to the property of Top Creaties NV.
In order to place an order you must be at least 18 years old. If you are not 18 years old yet we ask you to let your parents or legal guardian place the order. If we notice an order is placed by a minor we may reject this order.
Placing an order on our website expresses the acceptance of our terms and conditions, that are always available on the website.

ORDERS
In order to buy a product you must first add the product to your shopping cart. When you added the desired products to your shopping cart, you can enter your contact information and billing details. After that you need to provide us with the necessary information for payment of the products.
The moment we receive all previous data you will see an overview page. By accepting this your order is definitive. The purchase agreement can be concluded in the language of the website on which you purchase.
We accept orders via online transactions (secure server). Please read the part “Payments” for further information.
All transactions with credit and debit cards are subject to validation checks and authorization by the card issuer. We accept Visa, MasterCard, Maestro, Bancontact/Mister Cash, KBC Online/CBC Online, ING Homepay, Dexia Direct Net, iDEAL and PayPal. If the issuer of your card refuses to agree to your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order.
Orders without valid payment in the name of registered cardholder will not be accepted or processed. Please note that minors (under 18 years) are not allowed to proceed with the purchase unless they have permission from a parent or guardian.
The terms and conditions and a summary of the order will be given in printed version along with the actual order. There will also be a summary of the order mailed to the reported email address immediately after payment at maison-lab.be.

RIGHT OF WITHDRAWAL
Our customer has the right to withdraw from the contract without any reason within 14 days. The withdrawal period will expire 14 days after the day you or a by you designated third party, other than the carrier, gets the last good in physical possession.
To exercise the right of withdrawal you must inform us (Maison Lab, Woudstraat 5, 3600 Genk, [email protected]) by an unambiguous statement of your decision to withdraw. You can use the attached model withdraw form but you are not obliged to do so.
To meet the withdrawal deadline it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal: If you withdraw from the agreement you will recover all the payments you have made up to that point, including delivery charges (excluding any additional costs resulting from your choice of another type of delivery than the least expensive standard delivery we offer), without delay and in any event no later than 14 days after we have been informed of your decision to withdraw. We will pay you back with the same payment method as the one with which you performed the original transaction, unless you have explicitly agreed otherwise; in any event you will not incur any costs for such repayment.
We may withhold reimbursement until we have received the goods back or you have demonstrated that you have sent back the goods, whichever is the earliest.
You must send the goods back or hand them over to us without delay and in any event no later than 14 days after the day on which you inform us of your decision to withdraw from the contract. You are on time if you send the goods back before the period of 14 days has expired.

PRICE
During the period we mention in our offer our prices do not change, except for price changes resulting from changes in VAT rates. Our prices include all taxes, VAT and services, so you will never get any unpleasant surprises. However we can decide to also charge the shipping fee on top of the purchase price. In that case we always mention this to you before you place your final order.

PAYMENT
We can only accept payment via the payment modules on our website. To ensure secure online payment and security of your personal data the transaction data is sent encrypted with SSL technology over the Internet. You do not need special software in order to pay with SSL. A secure SSL connection can be recognised by a “lock” in the bottom status bar of your browser.

CONFORMITY AND GUARANTEE
We guarantee that our products are conform to your order and meet the normal expectations you might have taking into account the specifications of the product. Of course we also guarantee that our products meet the existing laws at the time of you placing the order.
A guarantee provided by an entrepreneur, manufacturer or importer does not affect the legal rights and receivables that the consumer can assert against the entrepreneur on the basis of the agreement.

DELIVERY
Ordered products will be delivered as soon as possible in accordance with the requested delivery method. All delivery charges can be changed without prior notice.
We always do our very best to ensure that you receive your order within the estimated delivery time. The maximum delivery time is 30 days after the day you place your order.
All goods are supplied subject to their availability. Promotions always run during a specified period or within the limits of the stock available. If we are unable to deliver your goods within 30 days we will immediately communicate this to you along with the expected delivery date. If we are unable to deliver your goods within 30 days you are entitled to cancel the undelivered order/products at any time after you have been informed of the delayed delivery. If payment has already been done you will receive a full refund of the concerning article(s). In case the by us delivered goods have been damaged during transport, do not match the items listed on the delivery note or do not match the items you ordered, you should report it and send the items back to us within 14 calendar days after receipt. If we do not receive such notification the customer is considered to have accepted the items as being satisfactory.
We cannot be held responsible for any consequential damages through late delivery or non-delivery by the transporter the company appointed. Our liability in such cases remains limited to the value of the items of which has been proved not to be received by the customer.

DURATION
The consumer may terminate a contract of indefinite duration at any time in compliance with the applicable termination rules and a notice of up to one month. A contract of definite duration has a maximum duration of two years. If agreed in a contract of definite duration that consumer’s silence means that the contract will be extended, the contract will be pursued as a contract of indefinite duration and the period of notice shall be not more than one month. This clause states the consequences of tacit renewal, including the provision of the following paragraph regarding termination as well as the latest date on which the consumer may oppose the tacit renewal of the contract and the way he gives notice of this opposition. The consumer can terminate the contract at any time without any compensation in compliance with the notice period of two months or less after tacit renewal of a service contract of definite duration.

TO SEND BACK OR EXCHANGE PRODUCTS
Customer satisfaction is high priority at Top Creaties NV. We strive to offer you excellent quality, value for money and great service at all times.
In case you want to return an item to exchange it or because you decided you do not want to keep it, please fill in the return note you received with the delivery of the item and send it back to us within 14 calendar days, along with the item in its original packaging and the label. When appropriate we will exchange the item(s) or we will refund the cost. All goods must be returned in new and unused condition, along with a copy of your original delivery note.
In case you wish to return an item because it is damaged, please fill in the information in the return note with a description of the damage and send it back to us within 14 calendar days, along with the item in its original packaging. When appropriate we will exchange the item or we will refund the full cost, including all costs of delivery charges. The customer is responsible for shipping the goods.

GUARANTEE
All products are guaranteed against defects resulting from manufacturing or material defects. The warranty lasts 24 months from the date of the original invoice (unless stated otherwise). Defects caused by accidents, negligence or misuse are not covered by the warranty. In case you receive a product in damaged condition you must inform us right away. You can contact us via the contact form. We will then consider how we can provide an adequate solution and we will ask you to send the item back. In this case the return costs will be refunded (according to the standard postal rates). You need to send the damaged product along with the return note and a description of the damage stamped to our return address (Maison Lab, Woudstraat 5, 3600 Genk, België). Also add your account number so that we can make the refund. Please indicate clearly what is wrong with the purchased product. All products must be returned to us in neat and orderly condition.

REGULARIZATION FOR DISTANCE SELLING
In accordance with the regulations concerning distance selling you have the right to cancel any order you have placed on our website within 14 calendar days from the day after the delivery date, for the purposes of reimbursement, provided that the goods are unused. This does not apply for perishable goods, unsealed software or items that were personalized or made according to your instructions.
To cancel an item please send us an email at [email protected] in which you provide us with your customer number and order number. You need to make sure to take care of the item(s) in a reasonable way and to keep all the original packaging. Furthermore, you are not allowed to use the item(s). The item(s) must be returned within 14 calendar days after the day you have sent us your cancellation notice. The item(s) can be returned to our customer service (see contact details). All items will be returned at your expense. In the case of damaged or incorrect delivered items we refund all costs when we receive the items. When we receive the items in unused condition and their original packaging with all accessories you will receive the refund within 30 days from the day you have sent us your cancellation notice.

FORCE MAJEURE
We cannot be held responsible for the non-fulfilment of our obligations if this is due to or caused by labour disputes or any other circumstances reasonably beyond the control of the company, such as cases of force majeure, riots and civil commotion, flood, fire, strike, lockout, difficulties finding transportation and the enactment of laws. If it is impossible for the company to deliver the ordered goods wholly or partly within a reasonable time period due to such circumstances, the liability of the customer is limited to the value of the items that have already been delivered, plus any related delivery costs.

CONTENT
All information that is contained on our website or can be read on any print material of the company is not regarded as being mandatory or recognized as the best practice. All that information should only be considered as additional useful advice alongside other recognized codes of practice. We make sure to update all information on a regular basis.

PRICES AND MISPRINTS
We make sure to check the prices and specifications on a regular basis. Although we make every effort to ensure that these are correct, we accept no responsibility for errors and omissions. We reserve the right to change our prices and specifications without prior notice.

PROPERTY OF GOODS
All articles delivered to a customer remain property of Top Creaties NV until we received and processed the payment of all amounts owed for the articles concerned.

QUESTIONS OR COMPLAINTS
All questions, complaints or comments can be sent to our customer service via [email protected] We will deal with your complaint within 5 working days after receipt. If we cannot immediately resolve your complaint we will notify the probable term and we will keep you informed of any investigation.

SAFETY
We make every effort to provide maximum protection of the safety of the users of our online ordering service. We make use of SSL (Secure Socket Layer) to protect your data during all sales transactions with us. All the information you provide is fully encrypted so that third parties cannot see/read any of it. (Your browser confirms that you are working in a safe environment: an icon with a closed padlock or an image of a key appears on the bottom bar of your screen.)

COPYRIGHT
All content on this website and other publications (digital or print) of Maison Lab is owned or licensed by Top Creaties NV or used with the permission of the owner of these publications. Reproduction is strictly prohibited.

CODE OF CONDUCT BECOMMERCE
Maison Lab is a member of BeCommerce and contributes the BeCommerce quality label. This means that Maison Lab complies with the code of conduct of BeCommerce. 

APPLICABLE LAW AND DISPUTES
Only the Belgian law applies, excluding the Vienna Convention (CISG). Any dispute concerning the conclusion, validity, interpretation or execution of the contract or the current terms and conditions is subject to the exclusive jurisdiction of the Belgian courts. If one of the current conditions would be declared invalid or would not be applicable, the other conditions remain in full force and effect.
Disputes between the consumer and the entrepreneur on the creation or implementation of agreements regarding delivered or soon to be delivered products or services by the entrepreneur may be submitted to BeCommerce by the consumer as well as by the entrepreneur, in compliance with the following provisions. A dispute will only be dealt with by the Disputes Committee if the consumer submitted his complaint within a reasonable time to the entrepreneur.
The entrepreneur is bound by the choice of the consumer to submit a dispute to BeCommerce.
When the entrepreneur requests intervention the consumer should speak out in writing if he also desires intervention or if he wishes to submit the dispute by the authorized court. If the entrepreneur has not learned the choice of the consumer within the period of five weeks, the entrepreneur is entitled to submit the dispute to the authorized court. BeCommerce shall decide under the conditions as set out in their Rules of Procedure. The decisions of the Disputes Committee take the form of binding advice. The Disputes Committee will not deal with the dispute or will terminate the dispute if moratorium of payment has been granted to the entrepreneur, or if the entrepreneur goes bankrupt, or if his business operations have actually ended, before the dispute was dealt with by the committee and a final judgement was rendered.

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