Terms & Conditions - Mansour Badjoko

TERMS AND CONDITIONS

MANSOUR BADJOKO (“we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on galeriepierremahaux.com. We recommend you should keep a copy of the TOS for future reference.

MANSOUR BADJOKO is a trading name of MANSOUR BADJOKO sprl, a company registered in Belgium. Our registered address is XXXXX . Our VAT number is XXXXXX. If you have any comments about MANSOUR BADJOKO, you can email us [email protected]

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about MANSOUR BADJOKO’s Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the MANSOUR BADJOKO terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to MANSOUR BADJOKO, whose applications are acceptable to MANSOUR BADJOKO and who have authorised MANSOUR BADJOKO to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where MANSOUR BADJOKO feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
MANSOUR BADJOKO offers products for sale that are in stock and available for dispatch from our stock.

MANSOUR BADJOKO will store a record of your transactions for a minimum of one year.

PRICING POLICY

Prices shown on the Site are in Euros and are inclusive of VAT at the price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are not included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and MANSOUR BADJOKO will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Brussels, Belgium and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of MANSOUR BADJOKO.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

PAYMENT

Payment can be made by Visa, MasterCard, American Express, Maestro and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by MR PORTER. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to MANSOUR BADJOKO, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple, and secure, MANSOUR BADJOKO uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

INSURANCE AND DELIVERY

MANSOUR BADJOKO insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by MANSOUR BADJOKO, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. MANSOUR BADJOKO is not responsible for any delays caused by destination customs clearance processes.

RETURNS AND EXCHANGES

CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013

If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
Right to Cancel under the ICACRs
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you acquire (, or a third party other than a carrier and indicated by you acquires) physical possession of the last of the goods.
To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, Customer Care Department, MANSOUR BADJOKO xxxxxxxxxxxxxxxxxxxxx, or by email to: [email protected]

For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than:
(i) 14 days after the day we receive back from you any of the goods supplied; or
(ii) (if earlier) 14 days after the day you provide us with evidence that the good have been returned; or
(iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. [If we do not receive the cancelled order back, we may arrange to have it collected from you at your cost.]
You shall return cancelled orders to: MANSOUR BADJOKO 16 Rue d’Edimbourg 1050, Brussels Belgium, without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.
You will have to bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note you may only use your right to cancel the order under the ICASRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.

OUR POLICY

Items should be returned unused. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Unidentified returns may be returned to the sender.

COLORS

LIMITS ON OUR LIABILITY

If MANSOUR BADJOKO breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and MANSOUR BADJOKO at the time of you placing your order, and MANSOUR BADJOKO dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and MANSOUR BADJOKO as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of MANSOUR BADJOKO, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant Belgium law and the relevant courts of Belgium will have exclusive jurisdiction.

RETURNS AND EXCHANGE

INSURANCE

MANSOUR BADJOKO insures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you are not the receiver of your purchase (for example a gift order) then the person who signs for the package confirms receipt and is accountable for the package.

FAULTY GOODS

Goods are classified as faulty if they are received damaged. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.

RECIEVING A REFUND

Your refund will either be credited to the original payment method or MANSOUR BADJOKO account and will include shipping costs for faulty items or for orders cancelled under the ICACRs only. Shipping costs will not be refunded for items returned using our free collection service.
If your order has been sent to a destination within the EU, all sales taxes will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through MANSOUR BADJOKO. However, you may be able to recover these by contacting your local customs bureau directly. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned merchandise.
Please note that refunds can take up to 10 working days to show on your account due to varying processing times between payment providers.

IMPORTANT INFORMATION

We have made every effort to display as accurately as possible the colors of our products that appear on MANSOUR BADJOKO. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.
All items are quality controlled and checked for any faults before they are dispatched to customers.
Should you receive an item that is not in the same depicted condition as on MANSOUR BADJOKO please contact us immediately.
Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
Items should be returned in their original packaging to ensure they are adequately protected in transit.
We prefer that items are returned to us via a certified shipping company to ensure that they are protected and insured during transit. Our address for all returns is: MANSOUR BADJOKO, XXXXXXXXX. We request that you contact us at [email protected] in relation to such returns. Please note that we may not accept liability for goods that are not returned via a certified shipping company (see certified company link here)
OUR POLICY
Items should be returned in the same condition as it has been delivered. Returns that are damaged, soiled or altered may not be accepted and may be sent back to the customer.
Please email [email protected] if any you have any further question regarding our return process.

These terms and conditions form part of the Agreement between Client and ourselves. You accessing this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.