General terms and conditions of sale

SERVICE PROVIDER ID:

These general conditions govern sales concluded between the Client and the following service provider:

 

Miwell

Hugoverriestlaan 8

3090 Overijse

Belgium

Company No.: 0842.617.125

VAT : BE 0842.617.125

Phone : +32 (0) 488 372 410

E-mail : info@miwell.be

 

GENERAL PROVISIONS:

ARTICLE 1: APPLICABILITY

The general terms and conditions of sale can be printed (link to pdf version) or downloaded (link to downloadable version) by the customer.

The www.miwell.be site is a site providing information on services and products as well as an e-commerce site. It is published by Miwell, whose registered office is located at Hugoverriestlaan, 8 E B-3090 Overijse (Belgium), registered with the Banque Carrefour des Entreprises under number 0842.617.125. It is hosted by the company OVH whose registered office is located at 2 rue Kellermann – 59100 Roubaix – France. These terms and conditions of sale are applicable to all products or promotional offers on products offered by MIWELL. Any order for one or more products implies knowledge and application of these general conditions, to the exclusion of any other conditions. Any other terms and conditions shall only be applicable with the written consent of MIWELL, the other provisions remaining in full force and effect.

MIWELL reserves the right to modify these terms and conditions of sale at any time and without notice. However, the modifications shall not apply to orders previously accepted and confirmed by the Customer.

ARTICLE 2: PRODUCTS AND ORDERS

All products or promotional offers on the products offered by miwell are described in as much detail and as accurately as possible on the website www.miwell.be. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not commit Miwell.

Promotional offers are only valid within the double limit of the validity period of the offer concerned and the available stocks.

Promotional codes allow you to obtain a discount in value or percentage as the case may be. As a general rule, unless otherwise agreed in writing, they may not be combined with other current promotional offers.Resellers interested in the products distributed by Miwell are invited to contact Mrs Hanane Tahere by email: info@miwell.be.

If the Customer wishes to place an order, he will choose the different products in which he is interested. The customer must tick the box located opposite the message “I declare that I have read and fully and unconditionally accept the general terms and conditions of sale” for validation before being able to choose the payment method offered on the same page.

For all orders placed on the www.miwell.be website, a written confirmation is sent by email or by post containing the order reference and specifying the exact amount invoiced as well as the delivery terms.

In the absence of written confirmation from Miwell, the sale cannot be considered final.

Miwell reserves the right to cancel any order for any legitimate reason.

When ordering, all relevant information requested must be provided to Miwell.

The Customer may request the free sending of an invoice provided that he provides his personal details or the full details of his company. If the information provided is incorrect and these errors result in a change of contact details in the invoice, an administrative fee of 30 euros will be charged to the Customer.

The validation of the order form constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.

If the ordered products are no longer available, Miwell will inform the Customer as soon as possible and offer him the possibility to cancel his order free of charge.

An order placed on the website may be canceled by contacting customer service on +32 488 372 410 subject to the application of article 3 of these general conditions.

ARTICLE 3: PAYMENTS

Product orders and training courses are payable in advance via the online payment system made available to the Customer, on the “Miwell” e-commerce platform or by bank transfer.

Orders are confirmed and sent after receipt of payment. Registrations for training courses will be validated after payment of the fees.

Miwell reserves the right to suspend or cancel any order in the event of non-payment of any amount due by the Customer.

The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.

ARTICLE 4: PRICE

Prices are indicated in Euros all taxes included and are subject to change during the year. The products ordered are invoiced at the prices in force at the time the order is placed. They do not include shipping costs, invoiced in addition to the price of the products purchased according to the amount of the order. Shipping costs will be indicated before the order is recorded by the Customer.

ARTICLE 5: DELIVERY

The products are delivered by Bpost, by our internal means of transport or by a transport company (e. g. DHL…) to the address indicated by the Purchaser on the order form.

The delivery will be made available within an average period of 3 to 10 working days from receipt of the invoice amount and depending on the delivery method chosen. Delivery times are indicative. Under no circumstances may any delays give rise to the award of damages by “Miwell”.

For home deliveries and in the event of absence, the transport company (Bpost) represents the goods a second time with a delivery notice filed. The Package is then kept for 15 days at the address indicated on the notice (the day of presentation not being included in this period).

Customs taxes, in particular, any import taxes or excise duties due, are in all cases the responsibility of the recipient and may not give rise to any claim or compensation from tanShi.

If the Buyer fails or refuses to take delivery of the ordered goods, we reserve the right to demand performance of the contract or to consider, after prior formal notice, the contract as automatically terminated. In the latter case, the Purchaser shall be liable to us, ipso jure and within 8 (eight) days after notification of such termination, for a fixed compensation of 30% of the sale price.

Notwithstanding article 1583 of the Belgian Civil Code, Miwell remains the owner of the products sold until the date of full payment of the principal price and any interest for late payment or damages.

ARTICLE 6: CONSUMER RIGHTS

Any consumer has the right to cancel a purchase and to be refunded the amount of his purchase within 14 calendar days following his purchase from the day after the day of delivery of the order, without having to provide any justification. Refunds will be made within a maximum of 30 days of receipt of the return, at Miwell’s discretion by bank transfer.

In order to be able to exercise this right, the Client must comply with the following conditions and instructions:

  • the products must be returned in a perfect state of resale, in their original state (unopened and intact packaging, accessories, instructions, etc.);;
  • Miwell accepts the return if it is returned within 14 calendar days from the date of the day after the day of delivery of the order;
  • the package must be sent to the following address: miwell, Hugoverriestlaan, 8, 3090 Overijse Belgium;
  • The shipping costs of the return package are the responsibility of the Purchaser except in the case of a non-compliant product or an error on the references delivered. The return shipping costs will be refunded by Miwell. In the event that this option is exercised, the Customer shall return the goods to Miwell in their original condition at its own risk and peril for the purpose of refunding the goods;
  • The Purchaser does not have a right of withdrawal for certain types of products excluded by law (article 45 of the law of 6 April 2010). These products are part of those described restrictively in article 47§4 of the law of 6 April 2010.
  • Link to retraction right page

If the procedure and deadlines indicated are not respected, the customer may not make any claim for non-conformity or apparent defect of the delivered products, the products being then deemed to be in conformity and free of any apparent defect.

ARTICLE 7: GUARANTEE

Miwell offers a 24-month warranty for any lack of conformity. This warranty includes the repair or replacement of the defective property at no cost to the customer. If, however, it appears that repair or replacement is not possible, that it is disproportionate for Miwell or would cause serious inconvenience to the customer, Miwell undertakes that, at the customer’s request, it will be granted an appropriate reduction or, as the case may be, that the contract will be dissolved and the entire price refunded, subject to the delivery of the goods by the customer.

Only the invoice, receipt or purchase order is valid as warranty certificates for the customer vis-à-vis Miwell. These documents must be kept by the client and presented in their original version. The warranty period starts on the date mentioned on these documents. If delivery to the customer is made before the invoice date, then the delivery date is valid as stated on the delivery document.

This warranty does not apply to parts or accessories if the failure results from misuse, external causes, ordinary maintenance or normal wear and tear.

This warranty does not apply in the following cases (the list below is not restrictive): in the event that a third party has intervened or handled the goods, although it has not been legally authorized by tanShi to do so, in the event of damage caused by fire, water (flood) or lightning, accident, natural disaster, damage caused by misuse, improper maintenance, abnormal use or any other use that does not comply with the instructions of the manufacturer or seller; in the event of damage following commercial or professional use or collective use of the product.

The guarantee does not apply to consumables, futons, cushions…

In the event of damage, theft or loss of the goods delivered for repair, tanShi’s contingent liability towards the customer is, in any event, limited to the selling price of the goods.

In the event that spare parts or specific accessories necessary for the repair of the goods are no longer available from the manufacturer. tanShi cannot be held responsible for the (partial or total) loss of the use of the goods.

The transport costs of the products under warranty are the responsibility of the Customer.

In Belgium, the costs of returning products under warranty are at the Customer’s expense. Miwell will bear the cost of reshipment (only for domestic deliveries).

ARTICLE 8: PRIVACY

Miwell respects the right to privacy and will treat the Customer’s personal data with the utmost care. The information makes it possible to offer the best possible service to the customer, to process orders as efficiently as possible and, if necessary, to keep the customer informed of interesting offers and news by means of a newsletter sent by e-mail. The Client’s personal details are in no way transferred or sold to third parties.

The customer can at any time consult his personal data contained in Miwell’s file. If he wishes to delete these data from Miwell’s file, he has the possibility to inform him by e-mail or by ordinary mail.

See our link to the privacy statement

ARTICLE 9: LIABILITY

Miwell shall not be liable for damages in the broadest sense of the term, unless such damages are due to gross negligence or willful misconduct by Miwell
In the event of misunderstanding, delay due to the use of the Internet or any other means of communication in correspondence with the Customer, tanShi shall not be held liable, unless wilfully or grossly negligent on the part of Miwell.

Miwell cannot be held liable for any indirect damage that may occur as a result of the purchase of the products.

Miwell declines all responsibility for any interruption of the site or the occurrence of “bugs” and/or for any inaccuracy or omission relating to information available on this site.

ARTICLE 10: DISPUTES

Disputes concerning the conclusion, validity, interpretation or performance of the contract are governed solely by Belgian law.

In the event of a dispute, only the Courts and Tribunals of Brussels are competent.