Terms and Conditions of Online Sale
Article 1 – PREAMBLE
The following sales conditions is concluded on the one hand by the Malkouno Company, hereinafter referred to as “Malkouno”, operating through the Brussels Emergences business cooperative, whose registered office is at Rue d’Alost 7-11, 1000 Brussels, registered with the Carrefour des Bank under number 0479.233.349. And on the other hand, by any individual or legal entity wishing to proceed to a purchase through the www.malkouno.com website, hereinafter referred to as “the Customer”.
Article 2 – SCOPE
The present general conditions of sale aim at defining the contractual relations between the Customer and Malkouno. These conditions prevail over any other general or particular condition not explicitly recognized by Malkouno.
Article 3 – ADHERENCE TO THE TERMS & CONDITIONS
The acquisition of a good through this site implies an unreserved acceptance by the customer of the present sale conditions. Malkouno reserves the right to modify its terms and conditions at any time. In this case, the applicable conditions will be those in effect on the date the customer orders. Any use of the services, as defined in Article 5, after the notification of such modifications, assumes the knowledge of the modified general conditions of sale. The unlawfulness or unenforceability of any of the terms of these general conditions of sale that could result by a court decision would in no way prejudice the validity of the other terms and provisions that would remain applicable.
Article 4 – CONTACT
Malkouno is a project by Ismet Aydin, an entrepreneurial candidate at Bruxelles Emergences, a company incorporated under Belgian law, headquartered in Belgium at B-1000 Brussels – Rue d’Alost, 7-11, until 20 October 2017. It is registered under VAT number BE 0479.233.349. Email: email@example.com
Article 5 – SPECIFICATIONS
Service: the distance selling of products online at www.malkouno.
Customer: any natural or legal person deemed legally apt to place an order, who makes an online purchase of products for sale on the www.malkouno.com website.
Supplier: the company (ies) supplying Malkouno with its products.
Order: any online purchase made by a customer on the site www.malkouno.com under the conditions provided for in Article 6.
Article 6 – ORDER
The products for sale are those that appear in the online shop published on the www.malkouno.com website. The products are offered within the limit of available stocks. The parties agree, in the context of their relationship, that means of electronic evidence such as computerized records kept in Malkouno’s computerized systems, its host or its payment partner, are proof of the communications, the content of the orders and all transactions between the parties. The Customer will be notified of the confirmation of the order and delivery by e-mail, no later than upon delivery, in accordance with article 8 of the present conditions.
Article 7 – PRICES AND TERMS OF PAYMENT
The prices of the products displayed on the website are in euros, all taxes included. The prices quoted do not include the cost of transport and delivery, mentioned separately. Malkouno reserves the right to modify its prices at any time. However, the prices applicable to the order are those in effect at the time of the confirmation of the order by mail in accordance with Article 6 of these Terms and Conditions. The VAT rate applied is that in effect in the country where the delivery address is located. The products remain Malkouno’s exclusive property until full payment of the order by the customer. Malkouno reserves the right to refuse any order from a customer with whom there exist a present or past litigation. Payment is made by credit card, we offer various means of payment, via Stripe, secure and efficient web payment platform. The customer’s account will be charge after the validation of the order, and the payment will be effective from the moment the customer’s bank has confirmed the transaction to Malkouno’s bank. If the customer’s bank declines, the order will be automatically canceled. In no case will Malkouno be informed of any confidential data relating to payments. This is the reason why, for every payment, the customer’s bank details will be requested.
Article 8 – AVAILABILITY
The prices of our products remain unchanged as long as they remain posted on the www.malkouno.com website. When a product is no longer available and an order has already been placed, Malkouno will inform its customers by e-mail of the total or partial cancellation of the order, and of the refund if applicable. The refund will be made via Malkouno’s bank and that of the customer. Malkouno cannot be held responsible for damages that would occur due to the unavailability of a product.
Article 9 – DELIVERY
Deliveries are made all over the world at the valid address indicated on the order form, excluding PO Box. Malkouno reserves the right to split the delivery of products according to their availability. Any delivery is announced by e-mail in accordance with article 5 of these conditions. Malkouno invites the customer to consult the order form on his website www.malkouno.com, where the details of the logistics and VAT charges will be included. The delivery will be accompanied by a delivery note listing the goods delivered. The delivery will be presented to the customer or to any other person present at the address of delivery or having a power of attorney. If no one can receive the order at the time of delivery, a non-delivery note will be filed, and the customer will be asked to pick up his parcel from the nearest relay point. Malkouno will ensure that the order is processed as soon as possible.
The ordered products will be shipped approximately the next business day following your order. If, however, the customer has not received the delivery within 30 calendar days from the confirmation of the order, the customer is entitled to cancel the order without compensation, provided that it is served within a period of 7 working days from the day following the delivery of the order via the “Services / Contact” section, or by e-mail, or by registered post with acknowledgment of receipt, to the following address:
Rue d’Alost, 7-11
After this period of 7 working days, no claim will be accepted. The amount that the customer would have already paid – limited to the amount actually paid – will be refunded to him within 14 days of receipt of the request for cancellation. The control system carried out at the time of the delivery of the order by the carrier will constitute a presumption of the actual deposit of the order (and of its good reception by the customer), which will be proof, in the absence of evidence adduced by the customer.
Complaints will be inadmissible once the 7-day period expires. The right to cancel an order that has been delivered beyond the 30-day period is admissible as long as the product is returned along with its original box within 7 working days from the moment the customer made his will known to Malkouno to cancel his order which has been delivered too late. The products returned must be in their original packaging, in perfect condition, must be accompanied by the return document duly completed.
All returns must be made by a service of mail, to the charge of the customer and the Customer must retain a copy of the proof of delivery. However, Malkouno reserves the right to refuse to reimburse returned products when they have been damaged, have stains, or traces that they have been worn.
Any delivery outside the European Union may be subject to import taxes, which are borne by the customer. For more information on customs policies in your country and the amount of these taxes, please contact your local customs office.
Article 10 – GEOGRAPHICAL AREAS
The online sale of products presented on www.malkouno.com is intended for customers all over the world.
Article 11 – NON-COMPLIANCE
The products are those figuring in the shop published on www.malkouno.com. Each product is followed by a compliant description. Malkouno cannot be held responsible for any errors in the product description.
Article 12 – RIGHT TO WAIVER, RETURNS AND REFUNDS
Unless otherwise stated and without prejudice to the Economic Law Code, the customer has the right to cancel the purchase, without penalty and without specifying the reason, within 14 calendar days from the day following the day on which the goods were delivered. The notice of waiver shall be effected through the return form accessible from Services / Returns section of the Malkouno website.
The customer who exercises his waiver right must imperatively ship the product at its origin condition, in its original packaging in perfect condition, and must enclose the invoice and the duly filled return document, within 14 working days from the date of notification of waiver. After this period, no return will be admissible. Upon receipt of the return, Malkouno will inform the customer by e-mail of the correct receipt and the introduction of a refund request.
The refund of the order will take place within 14 days of Malkouno being informed of the customer’s decision to cancel the purchase, provided that all return terms have been strictly observed and that Malkouno has recovered the products. The costs associated with the return will be borne by the customer. Return to the following address:
Rue d’Alost, 7-11
Article 13 – LIABILITY
In the online sale process, Malkouno cannot be held responsible for any damage resulting from the use of the Internet such as data loss, intrusion, viruses, rupture of service, or other unintended problems. The links proposed to the sites of the manufacturers and / or partners are provided for information purposes. Malkouno cannot be held responsible for information from these sites, especially in view of the protection of privacy. Malkouno cannot be held responsible for errors that appear in the texts and photos used in the description of products. Malkouno shall not be liable for any damages resulting from faulty workmanship, malfunction or misuse of the products sold, as well as those resulting from modifications made by the supplier. Malkouno cannot be held responsible for non-fulfillment of orders, in case of force majeure such as total or partial disruption or strike particularly postal services, means of transport and / or communications, flood, fire, etc. In any event, Malkouno’s liability remains limited in any case to the sums paid for the order which generated the call for Malkouno’s liability.
Article 14 – WARRANTY
As regards customers, Malkouno guarantees the products it sells, pursuant to the Law of September 1, 2004 on the protection of consumers in the event of the sale of consumer goods (Articles 1649bis to 1649octies of Civil Code). This warranty only covers any defects in conformity existing at the time of delivery of the goods. Defects or damage due to wear, transportation, misuse or negligence, such as fragmentation, breakage, humidity, inadequate temperature, oxidation, liquid infiltration, electrical surge, fire, and products showing traces of opening or repair and / or modifications made by a third party not approved by Malkouno are not covered by the warranty. In compliance with these conditions, the warranty will have to be called within 14 days from the day following the date of delivery of the order, if not, to be inadmissible.
Personal data that can be processed by Malkouno are the contact details such as the customer’s name, first name, usual address, e-mail, telephone number, etc. The data relating to orders and returns, Malkouno can also process IP address data. These data are essential for customer account and order management, return and refund management, or statistical analysis of the use of the www.Malkouno.com website, to improve the browsing experience.
Under no circumstances will Malkouno have access to your bank account or credit card number (however, such data may be processed as part of a refund).
The law of December 8, 1992 guarantees each customer a right of access and rectification of personal data concerning him / her. By accessing the “My Account” tab in the menu bar, and selecting the “Personal Information” section, you can access and modify your personal data. It is the customer’s right to oppose the use of his / her personal data for the purposes of direct marketing at any time, free of charge and without having to provide any justification, by clicking on the link at the bottom of each invitation email sent to him.
Malkouno and partners are the only ones authorized to use its customers’ personal data, in case of delivery and billing of the ordered products and to contact the customers in case of problem.
A cookie is a small alphanumeric file that contains information about the browsing done on our website, which is stored on your hard disk by the webserver.
Cookies will ease you the process of purchasing and browsing on www.malkouno.com, notably by logging in without having to enter your ID and password each time. Another advantage of using cookies is that it retains some of your personal information so as not to have to insert them at each transaction.
• either you only allow cookies that refine the ease of use of our site on your computer. This allows you to log in and navigate with ease without having to fill in your personal data at the time of payment.
• or you authorize all cookies on your computer to facilitate navigation on our website and maximize its performance. This boosts the usability and performance of our website, but will not be personally associated with a user or a computer.
Article 16 – INTELLECTUAL PROPERTY
All the elements contained on the website are Malkouno’s intellectual property.Under the penalty of prosecution, no person may reproduce, exploit, redistribute or use the elements of the website, without Malkouno’s prior written consent.
Article 17 – DISABLING MY ACCOUNT
You can terminate your Malkouno account at any time by unregistering or by contacting our customer service by sending an e-mail to firstname.lastname@example.org. You can also change your personal contact notification preferences under “My Account”, “Personal Information”.
Article 18 – SETTLEMENT OF DISPUTES
These terns and conditions are governed by Belgian law. In the case of a dispute, only the courts of Brussels shall have jurisdiction.