General terms and conditions
(These general terms and conditions are published for information purposes. For legal purposes, the Terms and Conditions in French will always prevail)
Article 1 : Preamble
- The purpose of the present general sales conditions is to define the terms and conditions under which Azul Maya, hereafter referred to as "Azul Maya", whose registered office is located at Avenue de Villequier 2, box A in 1410 Waterloo, and registered for VAT under the number BE 0784.628.050, offers and sells its products to its customers.
Article 2. Scope of application
- All orders, both in Belgium and abroad, placed on the Azul Maya online sales website, are subject to the present terms and conditions of sale, as are purchases and orders placed by customers by e-mail, by telephone or in shop.
- The present general conditions are also applicable to any service not covered above and carried out by Azul Maya within the framework of its activity.
Article 3. Definitions
- By "customer", it is understood that any natural person of legal age, non-trading, who makes a purchase in a showroom or on the Azul Maya website.
- The customer declares to be a natural person over 18 years of age and to have the legal capacity or to be the holder of a parental authorization allowing him/her to place an order on the Azul Maya website. Otherwise, only the customer is responsible. The sale cannot, under any circumstances, be declared null and void and Azul Maya's responsibility cannot be called into question for this reason.
The term "website" or "online sales site" refers to the www.azulmayastore.com website belonging to Azul Maya.
- By "visitor" is meant any person who consults a page of the Azul Maya online sales site, whether or not they purchase a creation or an article. By "customer" is meant any person who opens a customer account on the Azul Maya online sales site, who registers his or her personal details and who declares an interest in receiving commercial information from the website or the cultural content of the website.
- By "order" is meant the purchase made by the customer from the website www.azulmayastore.com, or when it is not an online sale, the purchase made directly in the showroom, by mail or by telephone.
Article 4. Application of the general conditions
- Azul Maya reserves the right to adapt or modify the sales conditions at any time. The version applicable to any transaction will be the one appearing in French online on the www.azulmayastore.com website at the time of the order placement.
- The present general conditions prevail over any other general or specific conditions. Derogations to the present general conditions remain possible, through special or contractual conditions. In case of contradiction between the present general conditions and the special or contractual conditions, the latter shall prevail.
The customer is bound by the general conditions as soon as he pays for his purchases in the shop located at Avenue de Villequier 2, box A at 1410 Waterloo, or as soon as he validates his order on the online sales site. To this end, he/she is invited to tick the box certifying that he/she is aware of the present general conditions. Otherwise, the order is rendered impossible.
Article 5. Electronic communications
- In the event that the offer or any other communication between the parties is the subject of an electronic exchange (e.g. by e-mail) between the customer and Azul Maya and that, consequently, the sale is concluded outside the sales site, the customer expressly accepts that the electronic exchanges constitute the contractual relationship and can serve as proof of the existence of the latter.
Article 6. Obligation of means
- The activities carried out are qualified as an obligation of means unless otherwise expressly agreed between Azul Maya and the client. However, Azul Maya is not obliged to use means that are disproportionate to the objective to be reached.
Article 7. The customer’s account
- When entering personal data in the "my account" section, the client must ensure the completeness and accuracy of the mandatory information to be filled in. In the event of an error in the recipient's details, Azul Maya cannot be held responsible for the impossibility of delivering the product. If the customer provides false, inaccurate, outdated or incomplete information, or if Azul Maya has reason to suspect that this information is false, inaccurate, outdated or incomplete, Azul Maya reserves the right to suspend or terminate the entire customer account and to refuse access to the services (in whole or in part).
Article 8. Product information
- Azul Maya provides detailed descriptions of the products offered. The handmade products are handmade and each handmade piece is unique. Consequently, there may be slight differences in the shapes, proportions, colours and/or materials mentioned in our descriptions. For any additional details regarding the articles, a request can be sent by the customer to Azul Maya at the e-mail address firstname.lastname@example.org. When confirming an order, the customer declares that he/she agrees with this information.
- The photos on the online sales site are published for illustrative purposes. They are not contractual.
Article 9. The price
- The prices in the showroom and on the Azul Maya website are expressed in euros and include VAT (21% in Belgium). Unless otherwise stated, the prices do not include delivery costs, reservation costs or other administrative costs. These prices are valid on the date of consultation and may be modified at any time without prior notice by Azul Maya. However, the products are invoiced on the basis of the prices in force at the time of the registration of the orders.
- Additional photos and illustrations may contain elements that are not included in the price.
- Azul Maya reserves the right to modify the price of the articles for reasons beyond its control. Among other things, price changes made by the supplier of the items in question are considered to be reasons beyond its control. The customer will be informed of any such change. For a price change of more than 10%, the customer's agreement is required. Any price change of 10% or less is deemed to be accepted by the customer.
- Discounts, promotional codes or rebates may be granted to the customer. These discounts, promotional codes and rebates do not constitute a right on the part of the customer. They are granted on the basis of the relationship between Azul Maya and the customer. Moreover, unless otherwise stated, they are strictly linked to the order in question and cannot, under any circumstances, be considered as a general rule.
- In case of return or exchange, discounts, promotional codes and rebates are no longer valid.
- The prices displayed on the site are intended for private customers. Professional customers who wish to deal with Azul Maya as a wholesaler should contact the Azul Maya administration directly via the e-mail address provided.
Article 10. The order
- The customer declares to have read the description of the article and the technical information before any purchase. The customer agrees to follow and respect each step of the purchase process set up by Azul Maya in order to validate the order. The customer will provide accurate shipping information and agrees to comply with the third party payment provider's policy. Before the final validation, the customer will have the possibility to verify the accuracy of his order form. Any order confirmed by the customer is considered a sales contract and is legally bound by these terms and conditions.
- Azul Maya reserves the right to refuse any order from a customer with whom there is a dispute or incident relating to the payment of a previous order, or who contravenes the provisions of the present general conditions. In this case, Azul Maya will inform the customer by e-mail. If the customer does not correct the erroneous elements or those that are contrary to the present conditions of sale by approaching Azul Maya for this purpose, Azul Maya reserves the right not to process the order.
- Azul Maya commits itself to send a confirmation e-mail summarising the order (product(s), price, quantity (ies) discounts, etc.) to the e-mail address provided at the time of the order. To this end, the customer formally accepts that Azul Maya uses e-mail to confirm the contents of the order. Invoices are presented at the time of delivery.
- Azul Maya reserves the right to cancel any order in the event that the customer's IP address is officially registered in a country other than that of the billing and/or delivery address. The customer declares that the purchase of these products is not directly related to his/her professional activity and that their purchase is intended for his/her personal use only.
- In the event of an order for additional items not included in the offer or order, the general terms and conditions applicable are the same as those for the order originally placed and for which the customer has given his consent. Any order not included in the original offer or order shall require the express consent of the customer in accordance with the foregoing.
- Any modification of the order made by the customer, after the offer or order confirmation has been made, must be expressly agreed to by Azul Maya in accordance with the above. Once Azul Maya has given its consent, the modification formulated by the client will result in a modification of the order and, if applicable, of the cost of the order.
Article 11. Payment of the order
- The payment of the total amount including VAT of the ordered articles is made :
- On the date of collection of the articles for a purchase at the showroom;
- At the time of ordering on the online sales site through a secure module via the MultisafePay server.
- Payments are made by the customer by the following means: Azul Maya:
- Debit card, such as Bancontact or Maestro ;
- Credit card, such as Visa or Mastercard;
- Bank transfer ;
- The contract will only be considered concluded, the delivery date set and the order executed after Azul Maya has received payment in accordance with the above. In case of delay in payment, Azul Maya will not be able to guarantee the delivery time of the articles previously communicated and possibly already fixed. In case of non-payment, Azul Maya reserves the right to cancel the order(s). In any case, Azul Maya will send an e-mail confirming the receipt of payment.
- In case of refusal of a payment request by the customer's bank agency, the customer will be informed that the sale is cancelled and the selected item(s) put back on sale on the website.
Article 12. Online sales
- In addition to the present general terms and conditions, which are fully applicable to online sales, the particularities listed in this article are added.
- The articles presented on the online sales website are an invitation to order them on a non-binding basis.
- The operation of the online sales website is as follows:
1. The customer connects to the website and selects items which he places in his "shopping basket". He thus expresses his will to place the order;
2. The customer enters his delivery and billing details and creates his personal customer account. The total amount of the articles is communicated to him.
3. The customer then chooses the delivery method and the delivery company that seems most appropriate for his order. The amount of the order including all taxes and shipping costs are indicated;
4. After receiving a complete summary of his order, the customer confirms his wish to proceed to the payment stage;
5. The customer is redirected in a transparent manner to the page allowing him/her to determine the means of payment, namely Visa, Mastercard, Maestro, Bancontact and Paypal. Where applicable, the information related to the credit card used for payment is not known by Azul Maya. The confidentiality of the information is thus guaranteed. Transaction fees are paid by Azul Maya;
6. Payment is requested from the financial institution concerned;
7. The client receives the result of the transaction, which can be printed and kept as proof;
8. The customer receives an e-mail confirmation of receipt with the details of the order;
9. The customer receives an e-mail confirming the dispatch of the items, including the delivery tracking link. The customer has the possibility to follow the progress of his order via his personal account;
10. Azul Maya carries out the after-sales processing and sends the parcel to the customer in accordance with the present general conditions.
- By validating the order, the customer signifies his intention to conclude a purchase contract subject to these general conditions. The customer also certifies that all the information provided about him/her is correct and valid. Azul Maya cannot, under any circumstances, be held responsible for any errors in this respect.
- The delivery of the articles constitutes acceptance of the order made by the client. Azul Maya remains free to accept or refuse the order. The order confirmation e-mail and the acknowledgement of receipt sent to the customer only serve as confirmation of the receipt of the order.
- Without prejudice to article 10 paragraph 2 and 4 of the present conditions, Azul Maya reserves the right to refuse an order for the following reasons: products are unavailable or out of stock, the products are the object of an erroneous and invalid presentation in the E-Shop.
- In case of unavailability of the ordered items, Azul Maya will inform the customer. The customer is free to place a new order.
- The articles ordered online remain the property of Azul Maya until full payment is received.
Article 13. Order cancellation
- In the event of cancellation of an order by the client, the latter is liable for a compensation of 10% of the value of the order. This indemnity can be demanded by Azul Maya without prior notice.
- In case of cancellation of the order by Azul Maya for reasons beyond its control (disappearance or shortage of stock, bankruptcy of a supplier, for example and without being exhaustive), Azul Maya commits itself to proposing articles of equivalent nature, value and quality to the customer. The latter is free to accept or refuse.
Article 14. Green delivery
- Azul Maya's delivery services are intended to be flexible. When ordering, the customer chooses the desired delivery method.
- The "Green delivery" delivery mode, free of charge, will be available for customers wishing to have their order delivered to one of the following cities
- Waterloo ;
- The "Green delivery" is a delivery by electric bicycle carried out twice a week.
Article 15. The delivery
- The order confirmation mentions a delivery time. In general, the delivery time for domestic shipments is 1 to 3 working days after confirmation of the order and receipt of payment. The delivery time for international shipments is 5 to 7 working days after confirmation of the order and receipt of payment. Under exceptional conditions or periods of heavy influence, a delay of 1 to 2 working days may be encountered.
- Orders placed before 12:00 are shipped the same day. Orders placed after this time are sent within 24 hours to the carrier.
- These delivery times are given as an indication and are not binding on Azul Maya insofar as the delivery is ensured by third party carriers for a purchase on the online sales site. Azul Maya is therefore not responsible for any delay in delivery due to reasons attributable to the carrier or to third parties.
- In the event of a delay of more than 30 days from the date of the order confirmation by Azul Maya to the customer, the customer has the possibility to cancel the order. The amount paid will be refunded in full within 30 days.
- A fixed amount covering the delivery costs is added to the amount of the order as mentioned in article 12. The delivery costs are calculated definitively at the end of the order process, before the payment stage. These amounts are calculated on the basis of the carriers' tariffs and are listed, as an indication, in the appendix to these general conditions.
- Collection in shop is free of charge. The customer has 7 working days to collect the articles in the shop from the date on which the articles are set aside. If the customer does not collect the items within this period, Azul Maya will automatically release them for sale.
- The customer expressly agrees to delivery by a third-party carrier in the context of an online sale.
- The risks related to the transport are only at the charge of the carriers and this, as soon as the order to be delivered is taken by the carriers.
Article 16. Receipt of the products
- The product is delivered to the billing address indicated by the customer, unless a contrary instruction was given in the fields provided for this purpose when the order was placed. If the customer has given an incomplete address or an incorrect delivery address, the new shipment will be charged in addition to the order. If the delivery was free of charge, the new shipment will be charged.
- Upon receipt of the order, the customer is obliged to check the order before the carrier leaves or when taking possession of the goods and at the latest within 48 hours of receipt of the order. Any defect must be communicated immediately to :
- To the carrier in case of a defect due to transport (damaged package, opened, etc.) according to the corresponding deadline, by registered letter, a copy of which is sent to Azul Maya.
- to Azul Maya by e-mail to email@example.com in case of a defect of an ordered article and according to the modalities foreseen in article 20.
- In any case, the order must be refused by the customer. The refused articles are returned to Azul Maya's head office, which will examine whether its responsibility can be engaged and will proceed, if necessary, to the sending of a new order. The customer has the possibility of obtaining a refund of the order, minus the delivery costs actually incurred.
- In any case, in case of loss of an order, the client is invited to contact Azul Maya by e-mail at firstname.lastname@example.org. The customer and Azul Maya agree to find an amicable solution to this loss, not exceeding the value of the non-received items.
Article 17. Taxes and customs duties
- For shipments to or from countries outside the EU, deliveries may be subject to various taxes and charges, including customs and import VAT. These costs shall be borne by the buyer.
Article 18. Customer service
- Any complaint whatsoever from the customer must be made by e-mail to the address email@example.com at the latest within 3 days, postmarked, of receipt of the articles.
- Azul Maya commits itself to do its utmost to find an amicable solution that suits all parties.
- If a claim is made by the customer within the above-mentioned time limits, and if Azul Maya accepts it, the amount of the claim will be limited to the value of the articles concerned.
Article 19. Right of withdrawal
- The customer, as referred to in the Consumer Protection Act incorporated in the Code of Economic Law, has a right of withdrawal of 14 days.
- This right of withdrawal must be exercised within the framework of Articles VI.47 and VI.53 of the Code of Economic Law and is therefore only applicable if the following conditions are met
- the order meets the condition of "distance selling", i.e. a sale made on the online sales website
- the order does not constitute a "custom-made" item, i.e. one made by Azul Maya or its suppliers to meet a specific and exclusive need of the customer.
- In addition to the above, this right of withdrawal can only be exercised if the items ordered have not been used or modified in any way and if the item is in the condition in which it was delivered (original packaging, instructions for use and label).
- This right of withdrawal allows the customer to return, at his own expense, the articles to Azul Maya, 2A Avenue de Villequier, 1410 Waterloo Belgium. Azul Maya undertakes to reimburse the returned items, provided that they have been returned in their original condition (if applicable, in their original packaging), and subject to the application of the above.
- The customer must mention in his letter of withdrawal his full name, postal address, e-mail address, order number, and specify which item(s) will be returned. The customer will then have a period of 7 days to return the item(s) at his own expense.
- Provided that the right of withdrawal is exercised in the forms and conditions required by the present article, Azul Maya undertakes to reimburse the amount paid by the customer for the articles, within 30 days of receipt of the returned articles, to the bank account that the customer will have communicated. Azul Maya only refunds the items and does not pay for the return shipping costs.
- If the total amount of the products in the final order does not qualify for free delivery, these will be deducted from the refund of the returned products.
- In any case, in case of abuse of the right of withdrawal by the customer, Azul Maya reserves the right to refuse any subsequent order made by the customer.
- The client verifies, before returning the goods, that all the packaging, the shipping information and the postage are correct. Azul Maya cannot be held responsible for the loss of a package during a return.
Article 20: Warranty and return of defective items
- In the event of a lack of conformity, and in the event that the sales relationship is subject to consumer protection legislation, the customer is obliged to inform Azul Maya of the existence of this defect within a period of 7 calendar days from the day of the discovery of the defect, by e-mail to firstname.lastname@example.org. Tout. The return of the article(s), for any reason whatsoever, is the exclusive responsibility of the customer.
- If, after receipt of the articles, the customer finds a hidden defect, the legal guarantee of 2 years is applicable. The application of the guarantee consists of a replacement or, in the absence of similar articles, a reimbursement of the articles insofar as the customer has not intervened on the articles in any way whatsoever and has not used them. Any intervention on the articles by the customer or by any third party shall invalidate the guarantee. The customer is obliged to present the items under guarantee in their original packaging to Azul Maya.
- In order to ensure that the return under guarantee is carried out in the best possible conditions, Azul Maya informs the client of the return procedure. The costs of returning the articles to Azul Maya, in case of application of the guarantee, are the exclusive responsibility of Azul Maya.
- Any return of article(s), for a reason other than the legal guarantee, a hidden defect or a lack of conformity, is at the exclusive charge of the client. In no case will Azul Maya assume the return costs.
- Returns must be made within a maximum of 15 days after agreement from Azul Maya and in their original condition (if applicable, in their original packaging, with the instructions for use and with their original label). The returned items are sent to Azul Maya's head office.
- When returning the items, the customer has the possibility to choose between different options such as
- a repair, provided that this repair is not excessive or impossible, or if it cannot be done within a reasonable time;
- a refund within 15 days of receipt of the goods to the account used for the purchase, with the exception of all consequential and/or indirect damages;
- a voucher to be used on a future order;
- an exchange of an article available on the website or in the showroom located at Avenue de Villequier 2, box A, 1410 Waterloo.
- The guarantee (commercial and/or legal) never applies to defects resulting from accidents, negligence, falls, abnormal or abusive use, use contrary to the purposes for which the product was designed, failure to comply with the instructions or the manual, adaptations or changes made to the article, rough use and poor maintenance. It also does not apply to items that have a shorter life span, or to spare parts that are subject to normal wear and tear. No warranty is recognized for items that have not been purchased from Azul Maya.
Article 21. Website and copyright
- In addition to the elements set out in the disclaimer on the website, the entire content of the Azul Maya website is the property of the company. This content is protected by copyright. As such, it may not be copied, reproduced or used for purposes other than those attributed to it, without the authorisation of its owner.
- Azul Maya makes every effort to ensure the availability of the site at any time, and cannot be held responsible in the event of its unavailability. Furthermore, the site may be modified at any time for repairs, maintenance, implementation of new facilities or functions, or adaptation of the contents.
- Azul Maya cannot guarantee the compatibility of the website with any hardware or software used by the client.
- Azul Maya cannot be held responsible for viruses or other elements affecting the client's computer equipment or for the actions of third parties.
Article 22. General Data Protection and Confidentiality Regulations
- Personal and/or confidential data relating to both the client and Azul Maya, as well as to third parties involved in the contractual relationship, collected in any way whatsoever and, essentially by e-mail exchanges, mentions on various documents (order validation, invoices, etc.), oral exchanges, as well as all future information, are only intended for the execution of the contract and for communications between the parties. They will not be communicated or transferred to third parties, other than technical service providers if necessary.
- Both Azul Maya and the client are obliged to respect the confidentiality of the information and to use it only insofar as it is necessary for the performance of the service.
- In the event of non-compliance with this principle of confidentiality, both Azul Maya and the client may demand compensation for the damage suffered by the party in question.
- Any personal data concerning the client, as defined by the European Data Protection Regulation 2016/679, is processed in compliance with the latter as well as with the law of 30/07/2018 on the protection of individuals with regard to the processing of personal data. The data is kept only for specific actions of Azul Maya and is not, under any circumstances, transmitted to third parties neither for direct marketing purposes nor for any other purpose.
- The data kept by Azul Maya are the following: name, surname, postal address, e-mail address, telephone number, website visiting behaviour, dates of the order and delivery of the articles.
- The customer has the possibility :
- to oppose, on simple request and free of charge, the processing of their personal data;
- to access, free of charge, the data concerning him/her kept by Azul Maya and to obtain rectification of data that is incomplete, inaccurate or irrelevant;
- to object, for serious and legitimate reasons, to the processing of the data stored;
- to request the deletion of data concerning him/her from Azul Maya, insofar as their conservation is not imposed by a legal obligation;
- to request the portability of his/her data held by Azul Maya to a third party;
- to withdraw, at any time, their consent to the processing of data based solely on consent.
- Any request regarding the above should be made in writing to Azul Maya, either by post or by email to email@example.com.
- Azul Maya may disclose personal information to third parties at the request of any authority legally authorized to make such a request. Azul Maya may also disclose personal information if such disclosure is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property, or if it believes that the customer is a danger to itself or to a third party.
- In accordance with applicable legislation in the European Union and Belgium, Azul Maya uses reasonable security measures to prevent misuse of and unauthorised access to the personal data of the customer and third party users.
Article 23. Cookies
Article 24. Data processors
- Azul Maya uses certain subcontractors to help it manage the online sales website. The main data processors are listed below, but Azul Maya retains the possibility of occasionally using the services of other processors:
- Multisafe pay for online payments;
- Mailchimp, a tool for newsletters;
- transport service companies
Article 25. Responsibility
- Azul Maya is only bound by an obligation of means: its responsibility cannot be engaged for a damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, rupture of service, or other involuntary problems. The photographs, texts or characteristics illustrating the products are not contractual and therefore Azul Maya cannot be held responsible.
- Azul Maya performs the services in accordance with the rules of the trade, according to the uses of the profession and in compliance with the standards applicable to the services concerned. In view of the above, its responsibility is strictly limited to the following situations.
- Azul Maya is only responsible for compliance with its legal and contractual obligations and for direct damage caused by its action. Azul Maya is not, under any circumstances, responsible for any damage suffered by the client and, in particular, but without being exhaustive, it is not responsible for indirect damage, damage caused to third parties or unexpected results.
- In the event that Azul Maya's liability is challenged by the client or by a third party, it is, in all cases, limited to the amount of the services concerned by the challenge or challenge, and paid by the client. In no case can the amount of the damage take into account a hoped-for and not realised profit or a potentially avoided loss on the part of the client.
- Azul Maya is not responsible for the indirect consequences of the use of the articles purchased via the website, or in case of damage resulting from abnormal, unusual or unintended use of the articles.
- Under no circumstances is Azul Maya responsible for any labelling problems on the online sales website.
- Azul Maya takes all measures to respect the planned delivery times. With the exception of a serious fault on the part of Azul Maya, the latter is in no way responsible for a delay, an error, or any other element attributable to a third party, in particular the customer or a supplier (for example in the event of a supplier stock shortage, an erroneous and invalid presentation on the online sales site, etc.). No compensation of any kind can be claimed by the client in this context.
- Azul Maya is in no way responsible in case of an error in the delivery address that the customer has registered when creating his personal account on the online sales site. In no case will the customer be able to claim damages and/or interest from Azul Maya, and the costs of a new delivery are the exclusive responsibility of the customer.
- In no case is Azul Maya responsible for a cancellation or a postponement of the delivery date of an article, for reasons beyond its control or in case of force majeure, such as a total or partial strike of third parties, natural disasters, (risk of) attacks, important epidemics that are the object of measures taken by the public authorities, intervention of the public authority. In the event of such an event, the client and Azul Maya undertake to agree on a postponement of the services insofar as this is possible.
- Azul Maya reserves the right to refuse the order on behalf of the client, to terminate it or to refuse it, if necessary, in advance, for personal or client-related reasons (e.g. lack of commitment, lack of consistency, recurrent indecision, failure to pay a previous invoice, failure to comply with the rules set out in these general conditions, or any other reason of any kind).
Article 26. Applicable law and dispute resolution
- The present general conditions are governed by Belgian law, without regard to inter-territorial conflict of laws rules.
- In the event of a dispute, mediation between Azul Maya and the client is preferred. To this end, the parties undertake to participate in at least one mediation meeting organised by a mediator approved by the Federal Mediation Commission. If, after this meeting, no agreement seems possible, the competent courts are those of the judicial district of Azul Maya's registered office.
Article 27. Partial nullity
- If a specific clause of the general sales conditions is declared null and void, the other clauses remain in force. If a provision is rendered null and void, the parties undertake to conclude a clause with a similar effect and to include it in these general terms and conditions