General terms and conditions
The Fashion Corner BVBA
These general conditions apply to all orders on www.miatomazzi.com and during.
The website www.miatomazzi.com offers items from the Mia Tomazzi collection.
- Conclusion of the contract and delivery of articles
1.1 For online orders on www.miatomazzi.com, contracts are only concluded in the English, or Italian language. When the consumer orders one or more Mia Tomazzi articles, he concludes a contract with The Fashion Corner BVBA, Liststraat 26, 1910 Kampenhout, BE 0561.965.540
1.2 To purchase an item, and thus to place an order, the consumer (being a natural person or a legal entity purchasing one or more items on www.miatomazzi.com will need to add the item to his shopping basket on the e-shop. He can then choose the quantity he wants to order of the item. Then he will have to choose the delivery method and payment method, and, if applicable, he will be able to use his possible discounts. Afterwards, the consumer can check the detail of his order and, if necessary, identify and correct input errors before placing the order. During the procedure, the consumer will be asked to take note of these general terms and conditions and to give his consent. He will also be asked to confirm that he has been informed of the pre-contractual information and has been given time to understand it. By clicking on "Complete order" and "Pay", the consumer places a binding order for the items in his shopping basket and undertakes to pay for them. After he has placed his order and successfully completed its payment, we will immediately send him a confirmation of his order by e-mail, which also serves as an invoice. The contract is final as soon as the consumer receives confirmation of the order from us.
Items will only be shipped to the delivery address entered by the consumer once we have received payment of the full purchase price and any shipping costs.
1.3 The risk of damage and/or loss of products rests with The Fashion Corner until the moment of delivery to the consumer or a representative designated in advance and made known to the seller, unless explicitly agreed otherwise. In case the customer notices damage at the time of delivery, it should be communicated to The Fashion Corner via email within 24 h of delivery so that The Fashion Corner can immediately submit any damage file to the carrier. If such damage and/or loss is not communicated to The Fashion Corner via email within the imposed timeframe, The Fashion Corner reserves the right to refuse the complaint.
1.4 Please note that our commitment to deliver the order is exceptionally suspended in the following situation, as it is considered as a force majeure situation for us: late or incorrect delivery of stock by our suppliers, where we have nevertheless followed the appropriate ordering procedures, and only if the late delivery by our suppliers is not due to a prior shortcoming by us, and if we have informed the consumer of this situation without delay. In all such cases, the consumer will be refunded for the corresponding payments he has made.
1.5 If items are exhausted in our stock, we will promptly refund any payment made by the consumer. We cannot be forced to purchase the ordered items elsewhere as we do not accept the procurement risk, even for type goods (of which only the type and characteristics of the goods are mentioned). Any potential liability for unavailable items will in any case be limited to the amount paid by you for the unavailable items which we will refund to you without delay.
1.6 We deliver in Benelux, Germany, France and Italy. The place of delivery is the address that the consumer has made known to the company and validated during the ordering procedure. Where time periods are expressed in working days, working days mean all days from Monday to Friday, excluding legal holidays.
- Prices, shipping costs, delivery and transfer of ownership
2.1 The prices listed on the date of the order shall apply. The prices stated are final and total prices, VAT included.
2.2 The articles remain our property until full payment of the purchase price and, if applicable, the shipping costs.
2.3 Shipping costs are charged for delivery as communicated at the completion of the order.
3.1 Regarding payment methods, we offer a number of alternatives on the website. In general, we accept the following payment methods: credit cards, Maestro, and additional methods offered by certain banks. We reserve the right not to accept certain payment methods for a specific order and refer to other payment methods. Please note that we only accept payments from accounts within the European Union (EU). The consumer is responsible for any charges associated with the payment transaction.
3.2 We reserve the right to charge a flat rate fee of EUR 5.00 per reminder letter if you do not pay on time.
3.3 For each late payment, the consumer will owe us legal interest, ipso jure and without prior notice of default, on the amount not paid on the due date, starting from the due date.
3.4 The consumer expressly agrees to receive invoices and credit notes electronically only.
- Vouchers and redemption
4.1 Vouchers are vouchers that cannot be purchased, but are issued during promotional campaigns, with a validity period limited in time.
4.2 Vouchers can only be redeemed once as part of an order and only during the validity period. Vouchers may not be used to purchase gift vouchers. Please note that a minimum purchase value may be required to redeem vouchers.
4.3 When redeeming the voucher, the value of the items purchased must at least equal or exceed the value of the voucher. If the voucher is insufficient for the value of the items, the difference will have to be paid by one of the accepted payment methods. The value of vouchers will not be paid out in cash, either during or after the validity period, and they will not accrue interest. Used vouchers will not be refunded if the items are returned, for which the vouchers were redeemed during the purchase procedure. Redeemed vouchers are therefore definitively redeemed, even if the order is returned, and can only be replaced by a new voucher of the same value and validity period in exceptional situations.
4.4 Vouchers can only be redeemed before the consumer completes the order. If he wants to redeem a voucher, he will have to enter his promotion code during the ordering process, and more specifically just before choosing the payment method, before proceeding to payment. After payment, it is no longer possible to use vouchers retroactively. Vouchers may not be passed on to third parties. Unless otherwise agreed, it is not possible to accumulate several vouchers.
4.5 If the consumer has used a voucher with his/her order and, as a result of a revocation by him/her, the total value of his/her order becomes less than or equal to the value of the voucher, we reserve the right to charge him/her the original price for the items he/she retains.
- Gift vouchers and redemption
5.1 Gift vouchers are vouchers that can be purchased. They can only be redeemed to purchase items through The Fashion Corner at www.miatomazzi.com and cannot be used to purchase other or more gift vouchers. If the value of the gift voucher is insufficient for the value of the order, the difference will have to be paid using one of the accepted payment methods. A gift voucher cannot be used partially, only for the total amount.
5.2 Gift vouchers and credits can only be used before the order is completed. If the consumer wants to use a gift voucher, he will have to enter a gift code during the ordering process, and more specifically just before choosing the payment method, before proceeding to payment. After payment, it is no longer possible to use vouchers retroactively, except during a possible new purchase.
5.3 The value of gift vouchers will not be paid out in cash, and will not accrue interest.
5.4 If a gift voucher has been used and the consumer nevertheless decides to return all or part of his order, the value of the voucher will not be refunded, but will be replaced by a new gift voucher of the same value and with the same expiry date.
- Legal right of withdrawal
6.1 The consumer has the right to withdraw from the contract within a period of 14 calendar days without giving any reason and without any costs (except for the costs mentioned in articles 6.4 and 6.6). The withdrawal period expires 14 calendar days after the day on which he or a third party designated by him, other than the carrier, takes physical possession of the good.
6.2 To exercise the right of withdrawal, he must inform us (by ordinary mail) The Fashion Corner NV, Liststraat 26, 1910 Kampenhout, or by e-mail: email@example.com by an unequivocal statement of his decision to withdraw from the contract. He may use the attached model withdrawal form (Art. 6.10) for this purpose, but is not obliged to do so. To comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired (postmark date applies). The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
Consequences of withdrawal
6.3 If the consumer withdraws from the contract, he will receive back from us all payments he has made at that time, excluding delivery costs without delay and in any case no later than 14 days after we have been informed of his decision to withdraw from the contract. However, the delivery costs will be refunded by The Fashion Corner if there is an error with the delivery (e.g. Damaged item, wrongly delivered item).
6.4 He must return the goods without delay, but in any case no later than 14 calendar days from the day he communicates the decision to withdraw to us, respecting the return procedure we will communicate to him after his withdrawal and as also explained on the website. The consumer is on time if he returns the goods before the period of 14 calendar days has expired. If the goods are not returned on time, The Fashion Corner reserves the right to refuse the revocation and, if applicable, not refund the goods purchased.
6.5 We will refund consumers using the same means of payment with which they made the original transaction unless they have expressly agreed otherwise. In any case, no fees will be charged for this refund. With regard to the amount, we will take into account vouchers and gift cards used in the purchase. These will therefore be replaced by the same vouchers with the same expiry dates and conditions.
6.6 Costs for return shipments are to be borne by the consumer.
6.7 We may wait to refund until we have received the goods back, and have been able to check their condition.
6.8 The consumer is only liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. The premise here is that the consumer may only exercise this right of withdrawal on condition that he has only handled and inspected the goods as he would be entitled to do in a shop, and on condition that the goods are returned complete and in their original condition, unused, whole, undamaged, and in their original packaging. Model withdrawal form
6.10 If the consumer wishes to withdraw from the contract, please complete this form and return it to us:
To: The Fashion Corner BVBA, Liststraat 26, 1910 Kampenhout, e-mail: firstname.lastname@example.org
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following products [designation product(s)] (*):
- ordered on / received on (*)................................................................................................................
- order reference :............................................................................................................................
- your name(s) :................................................................................................................................- Your address :.............................................................................................................................................
- Your signature (only if this form is submitted on paper)
- Date :.................................................................................................................................................
(*) Delete what does not apply and fill in where necessary
All refunds will be made automatically to the account used for the original payment. If payment was made by credit card, the refund will be made to the corresponding credit card account. If a gift certificate/voucher was used for the purchase, we will credit the relevant amount to a new gift certificate/voucher with the same value, conditions, and expiry date.
- Customer service
Our customer service can be contacted:
By e-mail: email@example.com Via the website : www.miatomazzi.com
9.1 Our liability for defects is governed by the applicable legal provisions.
9.2 These general terms and conditions can be viewed at www.miatomazzi.com.
9.3 If the agreement is concluded electronically, The Fashion Corner will take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the underseller will observe appropriate security measures.
9.4 Consumers can also easily archive the details of their order by using the appropriate functions in their web browser to save the summary of their order as it appears on the last page of the ordering process in the web shop, or by awaiting the automatic confirmation of the order which we also send to their designated e-mail address after completing the order. The e-mail order confirmation includes the details of the order and can be easily printed or saved using an e-mail programme. We archive the contents of the contract for up to two years.
9.5 The European Commission offers consumers a platform for altemative dispute resolution. Consumers can settle their dispute related to an online order without court intervention. You can access the online dispute resolution platform via this url link: http://ec.europa.eu/odr/.
9.6 The application of the Vienna Convention on Contracts for the International Sale of Goods (1980) is expressly excluded.
9.7 Should one or more provisions of the general terms and conditions be null and void, this shall not affect the validity of the other provisions.
9.8 These general terms and conditions of sale are governed by Belgian law. Complaints and disputes will be settled by the competent courts of the district of Brussels.
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