TERMS AND CONDITION MYDAYDAYBELGIUM

§1 – PURPOSE AND SCOPE

  
1.1 These general terms and conditions (hereinafter the "General Terms") apply to the contractual relations (hereinafter the “Contract”) between the Belgian company MyDayDayBelgium, registered at the Crossroads Bank for Enterprises under the number 0756.917.328 (hereinafter called «MyDayDayBelgium» and/or the « Seller »)  and any person who purchases Product(s) from the Seller (hereinafter the « Customer ») on the website: www.mydaydaybelgium.com (hereinafter called the « Website »). 

  
1.2 The purpose of these General Terms is to define the terms and conditions for the online sale of Product(s) marketed by MyDayDayBelgium on its Website (the "Product" or collectively “Products”).
 
1.3 These General Terms shall apply to any order of Products  placed by a visitor (Customer) to the Website (the "Order").

 


§2 –ACCEPTANCE, VALIDITY AND DURATION 

  
2.1 When placing an Order via the Website, the Customer explicitly accepts the present General Terms. He hereby agrees to the applicability of the present General Terms, to the exclusion of any other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been explicitly accepted in writing and in advance by MyDayDayBelgium. Through ordering, The Customer declares to know and accept the Seller’s General Terms.


2.2 Online acceptance of these General Terms is confirmed by a mandatory box-checking process during the finalization of the Order on the Website. 

  
2.3 The General Terms are available on the Website and can be printed off from the Website. MyDayDayBelgium may, at its full discretion without further notice to the Customer, amend these General Terms from time to time which includes (not exhaustively):

  1. adapting the General Terms to relevant legislative or regulatory provisions in force or being adopted;

  2. adapting the General Terms to any decision handed down by a jurisdiction, a consumer agency or by any other competent authority, which affects the content of the Website;

  3. rectifying any error (e.g. spelling mistakes or other types of errors that do not modify the meaning of the existing sentences) previously not detected ;

  4. making these terms clearer or fairer;

  5. reflecting changes and developments in how we operate our business; and

  6. reflecting changes in market conditions or standard industry practice.

 

The General Terms are effective as from the date of the Order being placed and remain applicable throughout the Order process. All Orders are bound by the applicable General terms, published at that moment on the Website, to the exclusion of all possible prior or later conditions.

2.4 Anything that is not explicitly mentioned in these terms and conditions of sale is bound by the regulations of Belgian law.


2.5 These General Terms apply to the Contract between parties to the exclusion of any terms and conditions proposed or stipulated by the Customer or which are implied by trade, custom, practice or course of dealing. The Contract constitutes the entire agreement between parties and the Customer acknowledges that, aside from as specifically stated in the Contract, it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising produced by the Seller and any descriptions or illustrations contained in the Seller’s catalogues, brochures, website, blog or social media (e.g. Instagram) are produced for the sole purpose of providing an indication of the Products described in them and they shall not form part of the Contract.


§3 – PURCHASING A PRODUCT ON THE WEBSITE 

  
Capacity 
 
3.1 The Customer declares that he is at least 18 years old, and has legal capacity, or is the holder of an authorization by a parent or legal guardian allowing an Order to be placed.

 

By accepting these General Terms the Customer also declares that (i) all details provided by him are true and accurate, (ii) that he is fully authorized to use the available methods of payment and (iii) that these methods of payment allow access to sufficient funds to cover all costs incurred in purchasing the Product(s). The Customer is financially liable for the Order placed, both in his name and on behalf of third parties, including minors (if applicable). 

  
Membership-account 

  
3.2 In order to facilitate the placing of an Order via the Website, MyDayDayBelgium gives its Customers the opportunity to create a membership-account by registration. This registration is not mandatory, but it will help the Customer with re-entering  data for each new Order.

  
Orders – sales

  
3.3 The Order constitutes an irrevocable offer by the Customer to purchase the Product in accordance with the General Terms. The Seller commits to process the Orders placed on the Website as long as there is stock available. The Order is subject to availability of the Product and can be changed or revoked by the Seller at any time.

 

The Seller reserves the right to cancel Orders in case the stock of a particular item is exhausted. The Customer will be informed of the cancellation by e-mail and a refund will be made within 20 working days from the date of the e-mail.

 

Furthermore, the Seller can refuse Orders when there are technical difficulties (on the Website or any partner the Website uses) or data is incomplete or insufficient to perform the Order. Orders with canceled, incomplete, erroneous or pending payments do not have to be fulfilled yet.

  
3.4 Before finalizing the Order, a summary screen will show the details of the selected Product(s) and the Customer will be able to check and correct any errors.

  
3.5 The Order will only be effective and processed after full payment  has been made (inclusive of VAT and shipping costs) and at the acceptance of the General Terms by checking the box described in section 2.2 above.

 
Confirmation of the Order

  
3.6 After the Order has been placed, the Customer will receive a confirmation e-mail containing all the details relating to the Order, the price (inclusive of VAT and shipping costs) and the delivery information.  

 


§4 – PRICE AND PAYMENT

 
Price 
 
4.1 The prices mentioned on the Website are indicated in Euro (and possibly in Hong Kong dollar) and include the applicable rate of Belgian VAT. These prices are exclusive of delivery, packaging, insurance or administrative costs. The charges for shipments, if any, are provided during the Order process before finalizing the Order. Where import duties and local taxes will be applicable on delivery, the Seller recommend the Customer to contact his local customs authority to determine a landed costs price prior to purchase completion. Possible import/customs fees are the responsibility of the Customer.

  
4.2 The prices applied are those indicated on the Website at the time of Order. The prices indicated exclusively relate to the items as literally described. Accompanying pictures are used by way of illustration only and may contain elements that are not included in the price.

  
Payment 
 
4.3 The price to be paid by the Customer corresponds to the amount indicated on the summary screen (including VAT and shipping costs, if any) which the Customer will have taken note of before validating his Order. 

  
4.4 Payment of the Products can be made by: 

 

  • Credit card (Visa, Mastercard, American Express) or;

  • Paypal, 

 

and requires the provision of relevant information related to these payment methods. 

    


§5 – DELIVERY OF ORDERS

 

Delivery 
 
5.1 Delivery of the ordered item(s) is made at the shipping address indicated by the Customer. MyDayDayBelgium entrusts the delivery of its Products to several shipping agents. When shipping is not quoted as <free>, shipping costs will be communicated to Customer before the order is finalized and will be charged to the Customer. 

  
Delivery delay


5.2 Unless agreed or explicitly determined otherwise, the Product(s) will be delivered within 30 days after the receipt of the Order and the payment at the latest. A more precise estimated delivery time will be sent in the confirmation e-mail of MyDayDayBelgium to the Customer, but is for reference only. Delivery times may vary depending on the availability of the Products and the indicated delivery address. MyDayDayBelgium does not guarantee the estimated delivery time of your Products, but undertakes to make every reasonable effort to deliver the Product(s) within a reasonable time. Time of delivery shall not be of the essence. The Seller will not be held responsible if the shipping agent cannot deliver within the specified time or transport due to force majeur (extreme weather, extremely busy periods, accident, strike,…).

  
5.3 If the Product cannot be delivered within a reasonable time following receipt of payment by MyDayDayBelgium, MyDayDayBelgium reserves the right to cancel the Order. The Customer will be informed of the cancellation by e-mail and a refund will be made within 20 working days from the date of the e-mail.

  
5.4 When the Product is ready to be shipped, MyDayDayBelgium will notify the Customer by e-mail and a tracking number will be provided so that the Customer can follow up his Order via the website of the shipping agents concerned. The Product shall be deemed delivered when the Customer (or a third party indicated by him) has accepted delivery at the address provided by him.

 

5.5 In the event that the shipment of the Product is held up in customs in the importing country, MyDayDayBelgium will provide necessary documentation and descriptions of shipment to the customs, but will not be liable for any loss and/or damages in relation to the Products, nor for the delay, nor for any fees arising in this regard.

 

5.6 If the Customer fails to take delivery of the Product(s) or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:

 

  • store the Product(s) until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or

  • sell the Product(s) at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for any shortfall below the price under Contract;

 

5.7 In the cases of items which are especially large, heavy, fragile or expensive delivery-times may be slightly longer. In these circumstances, the Seller may advise crating and/or insuring the purchase before shipping. Crates are individually made to suit the size of the purchased object which can increase the shipping cost significantly. Therefore, the Seller reserves the right to recalculate the shipping estimate and the insurance cost and will communicate the recalculated cost to the Customer. The Customer can either accept this cost or will be entitled to a full refund for his Order if he wishes to cancel it.

 

If crating and insuring is the only way the Seller would recommend to ship an item, he reserves the right to refuse to send it by courier, in order to protect the items.

 

  
§6 – RECEIPT OF AN ORDER 

 
6.1 The Customer shall immediately verify the conformity and the condition of the Product(s) received upon delivery of the Order for the purpose of ascertaining whether or not they are damaged. Customers are required to notify the Seller as soon as is reasonably practical in the event that the Product(s) are found on inspection to be defective, damaged or not accurate to the Order, but within 24 hours following receipt of the Product(s) at the latest, by sending an e-mail to the customers service of MyDayDayBelgium (enquiry@mydaydaybelgium.com). In this e-mail the Order number/item number/product name has to be indicated and there has to be provided a clear picture including an explanation of the issue. Depending on the type of issue, we will provide reasonable assistance to resolve the issue.

6.2 Vintage or antique items will usually show a few signs of wear or slight fading due to age. The Seller aims to note all of them as much as possible in the description of the Product(s), but some of them could be missed. The Customer can always ask for additional pictures or information before purchase (enquiry@mydaydaybelgium.com) and the Seller will try to assist the Customer to the best of his ability.

Generally mint condition cannot always be guaranteed - traces of repair, smudges, scratches, missing pieces etc. are part of the history of each Product and to certain extent are part of their charm and what makes them attractive and unique to the eye.

In line with this, the Customer must take this into account while verifying the conformity and conditions of the delivered Product(s).

 
§7  - RETURN/REFUND POLICY

Citizens outside the European Union and no consumers

7.1 Generally, there is no return or refund for citizens outside the European Union or for Customers that are no consumers, but MyDayDayBelgium will try its best to resolve concerns the Customer may have in the best way possible. Concerns can be e-mailed to enquiry@mydaydaybelgium.com.

  1. Issues for which MyDayDayBelgium will aim to support resolution:

  • wrong item shipped based on original order image;

  • completely wrong order delivered.

 

Issues for which MyDayDayBelgium will not be able to support:

  • delivery time being too long;

  • delivery delayed due to courier’s issue;

  • requests for refund when product does not meet the Customer’s expectations ;

  • subjective reasons such as small stains, loose threat, mild scratches etc. possibly not included in description. The Customer is expected to verify the order and pictures at time of purchase and accept condition after placing order. The nature of the Product (antique / vintage) means mint condition cannot be guaranteed and not all points are included in description;

  • report of a problem after receiving the goods for more than 24h.

 

Consumers of the European Union: right of withdrawal

 

7.3 Citizens of the European Union that purchased an Order as a Consumer (this is a natural person who is acting outside the scope of an economic activity) have the right to cancel an Order for Products (other than for Products made to the Consumer’s specification or Products which have been personalized or altered in any way from the original state when bought, to include extra restoration), and receive a refund, without indication of reasons, if the Order is cancelled before the expiry of 14 days from the date the Consumer (or a third party other than the carrier and indicated by the Consumer) acquires material possession of the Product(s). Consumers will not be able to cancel an Order where Products are made to the Consumer’s specification or have been personalized (but this will not affect the Customer’s legal rights as a Consumer in relation to Product(s) made to the Consumer’s specification or personalized that are faulty or not as described).

 

7.4 To cancel an Order, a Consumer needs to notify the Seller within the period of 14 days by means of a clear statement. This can be done by:

 

  1. completing the cancellation form which accompanies these General Terms and is available on request from the Seller; or from the Seller’s Website {pls see link to "formulaire de retractation" at bottom of page};

  2. e-mailing the Seller at enquiry@mydaydaybelgium.com;

 

If using e-mail, the Consumer must include details of the Order to be cancelled to help identify it. The Consumer will receive an e-mail from the Seller to confirm it has received the Consumer’s cancellation. If the cancellation notice is provided by e-mail, then cancellation is effective from the date the e-mail was sent.

 

7.5 If a Consumer cancels an Order in accordance with the clauses 7.3 and 7.4, the Seller will refund the price the Consumer paid for the Product(s), including standard costs of delivery. Any additional costs resulting from the Customer’s choice for a method of delivery other than the cheapest standard delivery offered by MyDayDayBelgium will not be reimbursed. If there is, in any way, a decrease in the value of the returned Product(s), MyDayDayBelgium reserves the right to hold the Customer liable and claim damages for this decrease in value of the Product(s) resulting from the use of the Product(s) by the Customer that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product(s).

 

7.6 The Seller will make any refunds due as soon as reasonably practicable and in any event within the 14 days after having received the returned Product(s). The Seller may retain money paid by the Consumer to the value of any work already carried out on the Order and the Consumer will be charged a restocking charge (to be determined at the Seller’s sole discretion) based on the total value of the Order.

 

7.7 No refund of the cost of returning the Product(s) to the Seller will be made by the Seller for the Product(s). Such Product(s) must be returned at the Consumer’s expense, immediately or, in any case not later than 14 days after the day the Consumer notified his decision to the Seller to return the Product(s) and obtain a refund.

 

7.8 The Seller will make any refund to the Consumer via the method by which the Consumer made payment.

 

7.9 All Products in respect of which a refund is to be paid under this clause 7 must be returned to the Seller's address in Belgium, without undue delay and in the same condition as they were received by the Consumer. Only returns of items that are in their original packaging, together with all accessories, user manuals and an invoice of proof of purchase will be accepted.

   
   
§8 – TITLE RETENTION 

  
The Products remain the exclusive property of MyDayDayBelgium until full payment of the price by the Customer. The Customer undertakes to inform third parties of the retention of title on the part of MyDayDayBelgium, e.g. anyone who would come to attach the items which have not been paid in full.
 
 
§9  – LIMITATION OF LIABILITY 

  

9.1  The Customer is expressly reminded that the internet is not a secure network. MyDayDayBelgium cannot be held liable for a system breakdown, the intrusion of outsiders or a virus, for possible information posted on the internet or treated by third parties or unpredictable events such as cybersecurity regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. The Customer is asked to take all appropriate measures to protect his own data and/or software, particularly from contamination by any viruses circulating on the internet.

 

The Seller has the right to suspend or to stop the Website at any time, for maintenance reasons, for updating or for any other reason, even without giving advance notice.


9.2 MyDayDayBelgium shall not be held liable for any loss and/or damage caused by the use of the internet, a virus, distributed denial-of-service attack, or any technologically harmful material that may infect the Customer’s computer equipment, computer programs, data or other proprietary material due to the Customer’s use of the Website or to the Customer’s downloading of any content on it, or on any website linked to it.

 

9.3 Under no circumstances shall MyDayDayBelgium be held liable in contract, tort (including negligence) or otherwise for:

 

  • any loss of profits, business, use, anticipated profits, contracts, revenues, goodwill or anticipated savings;

  • business interruption or loss of business opportunity;

  • loss of data or use of data;

  • damage to the Customer’s reputation; or

  • consequential, special or indirect loss or damage of whatever nature, even if the Seller has been advised of the possibility of such loss or damage.

 

The Seller’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), or otherwise, shall in no circumstances exceed 100% of the price of the Product(s).

  
9.4 MyDayDayBelgium shall not be held liable for any damages not inherent to the Product(s) and / or for non-conceptual defects resulting from an external cause, totally unrelated to MyDayDayBelgium and regardless of the fact whether the Customer may or may not be at fault.

  
9.5 The Customer is responsible for the correct use of the Product(s), in accordance with the instructions and recommendations of the supplier or the manufacturers, and the compliance with the regulations in force, in particular with regard to safety. 

 

9.6  MyDayDayBelgium will not be liable for any failure to perform, or delay in performance or any of its obligations to the Customer if such failure or delay is caused by an event outside of the Seller’s control. An event outside of its control means any act or event beyond the reasonable control of the Seller, including but not limited to, act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lockouts, pandemics, trade disputes, fires, floods, earthquakes or other natural disasters, infrastructure break-downs of all kind, inclement weather, interruption of transport, government action or failure of public or private telecommunications or transport networks.  If such an event takes place and it affects the performance of the Seller’s obligations: (i) the Seller will contact the Customer as soon as reasonably possible; and (ii) the Seller’s obligations to the Customer will be suspended for the duration of the event. Where the event affects delivery of the Product(s) to the Customer, MyDayDayBelgium will contact the Customer to arrange a new delivery date after the event is over.

 

9.7 The catalogues, brochures, Website, blog or social media may contain typographical errors, or other errors or inaccuracies (historical or otherwise) and may not be complete or current. The Seller therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. The Seller reserves the right to cancel any orders that the Customer may place based on information that may contain errors or inaccuracies, including, without limitation, errors inaccuracies or out-of-date information regarding pricing, shipping, payment terms or return policies.

  

§10  – WARRANTY 

 

Consumers of the European Union only

 

Citizens of the European Union that are to be considered as Consumers can enjoy the right to a legal warranty when purchasing Consumer Product(s). This legal warranty is valid as from the date of delivery to the first owner. Any commercial warranty does not affect these rights. In order to make a warranty claim, the Consumer must be able to submit proof of purchase. Consumers are recommended to keep the original packaging of the Product(s).

 

For items purchased online and delivered to the Consumer’s home, the Customer must contact the customer service of MyDayDayBelgium (enquiry@mydaydaybelgium.com) and return the item to the Seller at his own expense. If a defect is discovered, the Consumer must inform the Seller as soon as possible. In any case, defects should be notified by the Consumer within a period of two months after its discovery. After this period, there is no further entitlement to repairs or replacement.

 

The (commercial and/or legal) warranty shall never apply to defects due to accidents, negligence, falls use of the item for purposes it is not intended for, non-compliance with the user instructions or manual, changes or modifications made to the item, hard-handed usage, bad maintenance or any other abnormal or incorrect usage. Defects that appear after a period of 6 months from the date of purchase or delivery are not deemed to be hidden defects, unless the Customer can provide evidence to the contrary.

 

The Consumer accepts that items that are second-hand Product(s), have a warranty limited to one year.

 

Furthermore, the warranty does not apply when defects are explicitly mentioned in the description of the Product(s).

 


§11  – INTELLECTUAL PROPRERTY RIGHTS 

  
10.1 MyDayDayBelgium is and will remain the owner or the licensee of all intellectual property rights in the Website and its content (such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same (“Content”)).  The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database right laws.  All such rights are reserved. The Customer shall not use nor reproduce, copy, create nor manufacture any part of the Website or Content without prior written consent of the Seller.

 

10.2 The use of the Website is reserved for strictly personal use unless expressly and specifically agreed otherwise by MyDayDayBelgium.

  
10.3 MyDayDayBelgium retains full and exclusive property of the various data transmitted under these General Terms under the various laws relating to the protection of copyright and neighbouring rights, trademarks and patents law and in particular the European General Data Protection Regulation as well as all trademarks, texts, comments, works, illustrations and images, whether visual or sound, reproduced on the Website. 

  
10.4 Creating a hypertext link on the Website, using the so-called "framing" or "deep linking" technique, is strictly forbidden without the prior authorization of MyDayDayBelgium. Request must be sent to enquiry@mydaydaybelgium.com and must mention the address of the url page where the link would appear on the third-party site. 

  
10.5 Any full or partial reproduction of the MyDayDayBelgium’s catalogue and/or Site and/or Logo is only authorized for the exclusive purpose of information for private and personal use. Any reproduction or use of copies made for other purposes is strictly prohibited. 


10.6 Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us.  Any trademarks/names featured on the Website are owned by the respective trademark owners.

  


§12  – APPLICABLE LEGISLATION AND JURISDICTION 

  
12.1 These General Terms, and more generally the Contract concluded between the Customer and MyDayDayBelgium, are governed by Belgian law. All disputes relating to their interpretation and/or performance fall under the jurisdiction of the Belgian courts. 


  
12.2 The Customer agrees to submit all disputes arising out of the commercial relationship between The Customer and MyDayDayBelgium to the non-exclusive jurisdiction of the French-speaking courts of the City of Brussels. The Consumer of the European Union, may, however, take legal action to assert his rights as a consumer in the country of the European Union where he has his place of residence.

  
12.3 The European Commission provides for Consumers an online dispute resolution platform, which can accessed here: http://ec.europa.eu/consumers/odr/.

 

12.4 MyDayDayBelgium invites the Customer to contact the Seller (at  enquiry@mydaydaybelgium.com) if he wishes to bring a matter to its attention. If any dispute arises out of the General Terms or the Contract, parties shall attempt to settle it by negotiation. To this end they shall use their respective reasonable endeavours to consult or negotiate with each other in good faith, and recognising their mutual interests.


  
§13  – OTHER IMPORTANT INFORMATION

  
13.1 Should MyDayDayBelgium at any given time claim the benefit of one of the provisions of these General Terms, this may not be interpreted as equivalent to a relinquishment by it to claim the benefit of them subsequently. 

  
13.2 Each of the sections and paragraphs of these General Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

  
13.3 The electronic data maintained in MyDayDayBelgium’s IT-systems relating to the Order has probative force between the parties, until proof to the contrary is produced. These electronic data therefore constitute admissible, valid proof which is binding on the Customer according to the same terms and with the same probative force as any documents produced, received or kept on paper.

 

13.4 If the Customer breaches these General Terms and MyDayDayBelgium takes no action, or if there is a delay in taking action, that does not mean that MyDayDayBelgium has waived its rights and it will still be entitled to use all its rights and remedies. If MyDayDayBelgium does waive a breach by the Customer, it will only do so in writing (signed by one of its Directors), and that will not mean that any later breach by the Customer will automatically be waived.

 

13.5 These General Terms constitute the entire agreement between MyDayDayBelgium and the Customer and they supersede any and all earlier agreements between parties.