Right of Withdrawal & Terms

Article 1 — Definitions

1.1 In these general terms and conditions of sale the following definitions apply:

1. At present no disputes committee applies.
2. "Webshop" / shop.marcottestyle.com refers to: BV Marcottestyle, a private limited company established at Marcottedreef 20, 2950 Kapellen, Belgium, company number BE 0880.453.459 (hereinafter "Marcottestyle").
3. "Customer": any third party who, via the webshop or via a project file, wishes to buy or has bought a product from Marcottestyle BV, including the sale of furniture and related items.
4. "Agreement": any sales agreement (including project files) concluded between Marcottestyle as seller (VAT BE0880.453.459) and the Customer as buyer, and any amendment or addition thereto, unless stated otherwise.
5. "Product": a product offered for sale by BV Marcottestyle on the website, via a project file or by email.
6. "Terms of sale": these general terms of sale of the Webshop are complementary to the general terms of sale of BV Marcottestyle (www.marcottestyle.com) and vice versa, unless stated otherwise.
7. "Website": the internet site and all other websites belonging to Marcottestyle with similar content.
8. These Terms of sale form part of every agreement and apply to all (legal) acts of Marcottestyle BV and the Customer in performance of any agreement, unless stated otherwise.
9. Deviations from and/or additions to any provision in an Agreement and/or the Terms of sale only apply if agreed in writing and relate solely to the relevant Agreement.

Article 2 — Formation of the agreement & right of withdrawal

2.1 Quotations and offers on the website, in brochures and in other advertising are without obligation and merely constitute an invitation to place an order; they are in no case binding.

2.2 An Agreement via the webshop is only formed once Marcottestyle has confirmed the order to the email address provided by the Customer. If the amount due is not paid in full when the order is placed, the order is automatically cancelled and no Agreement is formed, unless confirmed otherwise in writing by Marcottestyle. This applies only to pure webshop sales.

2.3 All statements of dimensions, weights and other product indications are made with care, but Marcottestyle does not guarantee that no deviations will occur. Printing, typesetting or programming errors on the website, in emails, brochures or other advertising do not bind Marcottestyle. Models or images shown are non-binding indications. All lighting fixtures are always supplied without bulbs.

2.4 A. As all products offered are handmade or natural products (unless stated otherwise), deviations in size, structure, colour and finish may occur compared to the displayed or exhibited examples. Some rural-style furniture may show small gaps, less paint here and there, or a deliberately less-finished look to convey a certain charm, which the Customer must accept. Natural products such as solid oak tables may show drying cracks and open knots that are part of their natural appearance and cannot be regarded as a defect or non-conformity. The Customer expressly accepts all possible irregularities or deviations in these handmade and/or natural products and must accept them in this state without any compensation. Such products cannot be returned or refunded.

2.4 B. Marcottestyle and/or the manufacturer reserves the right to make technological and aesthetic improvements to all models without prior notice, including changes to dimensions and materials. Technical drawings do not define product details. Dimensions shown are indicative and approximate and may change. Dimensions relevant to padded parts are subject to usage tolerances over time caused by the normal settling of the padding. Even where a specific dimension is given for a particular order, this is always approximate and the above remains in force.

2.5 — Right of withdrawal on delivery of products: The distance-selling law applies only to Marcottestyle orders placed through the webshop. When buying products you may dissolve the purchase agreement without giving reasons within 14 days of receiving your order. This period starts the day after receipt of the product. During this period you must handle the product and its packaging with care. You may only unpack or use the product to the extent necessary to assess whether you wish to keep it. The right of withdrawal does not apply to goods produced specifically for you to order, such as upholstered furniture and custom items. Returns must be carried out in accordance with the instructions below.

2.6 — Conditions of withdrawal (webshop only): If you exercise your right of withdrawal, you must return the product with all supplied accessories in original, unused condition and packaging. The cost of return shipping is for your account. Your purchase amount will be refunded as soon as possible, at the latest within 30 days of receipt of your return.

2.7 — Cancellation/rejection of orders: If, due to unforeseen circumstances, incorrect prices are shown on the website, Marcottestyle reserves the right to cancel/reject any orders containing items with incorrect prices, provided this is noted within 24 hours of the order. The Customer will be offered an immediate refund of any incorrectly paid amounts, or the option to place a new order at the correct prices.

Article 3 — Prices and payments

3.1 Unless stated otherwise, all prices on the website are in euros and "Ex Works Antwerp". Unless stated otherwise, all amounts include VAT but exclude other government levies and delivery costs.

3.2 Amounts due by the Customer must be paid BEFORE the order is placed, in a manner indicated on the website or agreement.

3.3 Price changes and the publication of incorrect prices and models are reserved, including incorrect prices published by third parties. No rights can be derived from these.

Article 4 — Possible down payment

For webshop purchases: if an ordered and paid item cannot leave our warehouse within a maximum of 16 weeks, the Customer is notified by email and may convert the payment into a down payment by confirming this by email within the following 2 days. Marcottestyle will then refund 50% of the purchase. Once the order is ready for delivery, Marcottestyle emails the Customer, who must then pay the balance immediately within 3 days. Any late payment automatically incurs interest of 1% per month by operation of law, without notice of default. In case of total or partial non-payment within 8 days of confirmation that the goods are in stock, a fixed compensation of 15% of the total order amount, with a minimum of EUR 250, is due by operation of law, without prejudice to interest. If, 30 days after confirmation that the order is ready, the Customer has still not paid the balance, the order is automatically deemed void and the down payment is retained by Marcottestyle as compensation.

Article 5 — Delivery time

5.1 Marcottestyle handles every order with care. The delivery time stated on the website will be observed as far as possible, but is not a strict deadline and is never binding.

5.2 A fixed delivery date cannot be set. Deliveries generally take place on working days between 8:00 and 17:00.

5.3 Exceeding the stated delivery time does not entitle the Customer to any compensation, nor to dissolution of the agreement, unless the delay exceeds 24 weeks after order confirmation and is due to a fault of the Customer.

5.4 If performance is impossible because the purchased product is unavailable, the Customer will be notified as soon as possible and is entitled to a free refund of amounts paid (webshop only). The refund will take place as soon as possible and in any case within fourteen days of notification.

Article 6 — Delivery, transport and risk

6.1 Delivery takes place at the delivery address in Belgium specified by the Customer when ordering.

6.2 The buyer must inspect the goods in detail at the moment of delivery and refuse them immediately if any defect or non-conformity is found. Any visible damage to the packaging must be reported, as this could indicate internal damage. If the Customer nevertheless accepts the goods despite a defect or damage found during delivery, this must be recorded in writing immediately on the carrier's CMR (waybill or delivery note). Failing this, no complaint will be accepted afterwards. Without other written agreement, goods are always delivered at ground level, kerbside.

6.3 Products are only delivered to an address outside Belgium if expressly stated on the website. Marcottestyle may, without being liable for any compensation, determine after the agreement is formed that delivery to the address outside Belgium cannot take place. In that case Marcottestyle informs the Customer by email and, if no additional delivery cost or alternative address can be agreed, the agreement is dissolved without compensation.

6.4 If the delivery address is outside Belgium, the Customer is responsible for delivery costs and any additional VAT and import duties.

6.5 If delivery is not possible due to the situation at the delivery address and/or the size of the product, in consultation with the Customer: A) the packaging is removed, with any resulting damage at the Customer's risk; B) a new delivery time is agreed where delivery is expected to be possible with aids (such as a lift), with the cost of renewed delivery, including any rental of additional aids, for the Customer's account; C) an alternative delivery address is found.

6.6 Risk during transport of the purchased product is borne by Marcottestyle or its appointed third parties. At the moment of delivery, or the moment that can reasonably be regarded as delivery, the risk of the delivered product passes to the Customer.

6.7 If the Customer does not take delivery of the product at the place and time of delivery, they are in default without notice. Marcottestyle may then store the product at the Customer's expense and risk. The Customer remains liable for the purchase price plus interest and costs. Any subsequent new delivery is also at the Customer's expense.

Article 7 — Force majeure and special circumstances

Marcottestyle is not obliged to fulfil any obligation towards the Customer if prevented from doing so by a circumstance not attributable to its fault, nor for its account under law, legal act or generally accepted standards. Such circumstances include the non- or limited functioning of the website and mail servers of Marcottestyle and disruptions in internet traffic.

Article 8 — Assortment

Marcottestyle reserves the right to change a product included in its assortment, or part thereof, or to remove it from the assortment.

Article 9 — 2-year warranty

Purchased goods carry a warranty against manufacturing defects for 2 years after delivery, provided a proof of purchase can be shown, in accordance with the relevant manufacturer's conditions. In some cases the manufacturer offers only one year of warranty. For professional use the warranty is in any case limited to one year. Products distributed by Marcottestyle are mostly handmade, which may cause small differences in colour, finish or dimensions. Visible complaints must be reported to the carrier on the CMR / delivery note upon delivery. Complaints about non-visible defects must be reported to Marcottestyle in writing within 48 hours of delivery.

Article 10 — Warranty conditions

10.1 Up to 2 years after delivery: the cost of repair or replacement is borne by the relevant manufacturer. Freight and call-out costs of EUR 65 per 0.20 m³ for national transport and EUR 125 per 0.20 m³ for international transport are for the buyer's account. For products under 0.25 m³ this is also EUR 65, and EUR 125 for international transport.

10.2 Breakage of glass and earthenware is excluded from warranty, as is wear and tear and defects from other than household and/or improper use.

10.3 The buyer is not entitled to replacement insofar as the damage can reasonably be repaired.

10.4 The Customer must return the goods to Marcottestyle or directly to the manufacturer at their own cost and responsibility, insofar as the return has been approved.

10.5 If the Customer returns a product where the cause of damage is attributable to the Customer, the returned products plus repair and transport costs will be charged to the Customer.

10.6 Chairs with velour fabric may show compression marks on arrival due to packaging. Fabrics may "flatten" due to body heat, weight and moisture, meaning the pile is pressed flat instead of standing upright. This is no reason to refuse delivered goods. It can easily be solved by dampening the spot with a slightly moist (clean!) cloth and leaving it for about 30 minutes — NEVER rub the fabric, as this makes it matte. Then brush the fabric upwards with the pile using a velvet or nubuck brush and let it dry well.

10.7 The lifespan of a sofa or chair can vary greatly depending on care. Factors such as aggressive cleaning agents, dogs scratching the furniture, or exposure to bright sunlight can shorten lifespan. This applies especially to some fabrics and faux leather, which are sensitive to discolouration. Responsibility lies solely with the Customer. Damage caused by sharp objects such as knives or scissors, or by pets, is also the sole responsibility of the Customer, as is damage from jeans with metal buttons rubbing over the cushions.

Article 11 — Liability and indemnification

11.1 Marcottestyle is only liable for damage of the Customer or third parties attributable to its intent or gross negligence, or arising from circumstances that are for its risk under mandatory rules. Marcottestyle is not liable for consequential or business damage, indirect damage, loss of profit or turnover, or loss of enjoyment.

11.2 Marcottestyle is not liable for any damage or injury of the Customer or third parties resulting from use of the product (or its packaging), or from any shortcoming of Marcottestyle, its subordinates or engaged third parties.

11.3 Without prejudice to the above, in the event of damage for its account, Marcottestyle is liable at most for the amount for which the Customer purchased the product.

Article 12 — Intellectual property rights

12.1 The Customer expressly acknowledges that all intellectual property rights regarding the products offered by Marcottestyle, such as copyright and design rights, belong to Marcottestyle, its suppliers or other rightholders.

12.2 The Customer is prohibited from using these intellectual property rights, such as by reproduction, without the express prior written consent of Marcottestyle, its suppliers or other rightholders.

Article 13 — Disputes

13.1 The Agreement and these Terms of sale are governed exclusively by Belgian law, excluding the Vienna Sales Convention.

13.2 Disputes between the Customer and Marcottestyle on the formation or performance of agreements may, subject to the following, be submitted by either party to the Disputes Committee, insofar as the latter has become a member thereof.

13.3 A dispute will only be handled by the Disputes Committee if the Customer first submitted the complaint to Marcottestyle within the set time.

13.4 At the latest three months after the complaint was submitted to Marcottestyle, the dispute must be brought before the Disputes Committee in writing where this option is available.

13.5 Where the Customer wishes to submit a dispute to the Disputes Committee (subject to 13.2), Marcottestyle is bound to this method. Where Marcottestyle wishes to submit a dispute to the Disputes Committee, the Customer must, within five weeks of a written request by Marcottestyle, state in writing whether they also wish this or prefer the competent court. If Marcottestyle does not learn the Customer's choice within five weeks, Marcottestyle may submit the dispute to the competent court.

13.6 The Disputes Committee rules under the conditions set in its regulations. Its decisions are made by way of binding advice.

Article 14 — Promotion conditions (webshop)

14.1 For all offers: maximum two per customer, unless stated otherwise.

14.2 Offers apply while stocks last.

14.3 Promotions do not apply in combination with other offers.

14.4 All promotions apply for one day unless stated otherwise.

14.5 Discounts do not apply to gift vouchers.

14.6 It is not possible to reserve a promotional product during a promotion. Promotions do not apply to the Outlet.

Article 15 — General website information

Although this website is maintained with the greatest possible care, users cannot derive rights or make claims regarding the accuracy and completeness of its content. All product information, prices, dimensions and shipping costs are shown expressly subject to change; we reserve the right to make (price) changes or adjustments to general information, dimensions, product prices and shipping costs if the information shown is incorrect or not displayed at all. Every dimension is always approximate, since most products are handmade.

Article 16 — Warranty conditions (B2C / B2B)

1. B2C — Consumers. When invoking the legal warranty, the defective product must be returned by the Customer.

• Return: the Customer initially ships the product at their own cost.
• Examination: after receipt the product is examined by the manufacturer or seller.
• Defect due to manufacturing or conformity fault: if the defect proves to result from a manufacturing or conformity fault, the product is repaired or replaced free of charge. The proven return shipping costs and the redelivery costs are then fully borne by the seller.
• No manufacturing or conformity fault: if the defect does not stem from a manufacturing or conformity fault, all costs of examination, return and redelivery are for the Customer's account.

Legal presumption: during the first two years after delivery, the legal presumption applies that any defect already existed at the time of delivery, unless the seller can prove otherwise (Art. 1649quater et seq. Belgian Civil Code).

2. B2B — Professional customers. For business purchases the following conditions apply exclusively, unless agreed otherwise in writing:

• Warranty term: maximum 6 months from delivery, limited to manufacturing defects.
• Return: all costs of return and redelivery are always for the buyer's account.
• Examination: if the defect is due to a manufacturing fault within the warranty term, the product is repaired or replaced free of charge; the seller then bears only the redelivery cost, not the return cost.
• Limitation of liability: the seller's liability is in any case limited to the original purchase price of the product. Indirect damage, consequential damage and loss of profit are expressly excluded.
• Exclusion of consumer rights: the provisions on legal warranty and the two-year legal presumption of conformity do not apply to business transactions.

Article 17 — Validity and language

Only the general terms drawn up in Dutch are legally valid. Versions in other languages are free, non-binding translations. If necessary, only the courts of Antwerp have jurisdiction.