Terms & Conditions
Artikel 1 - Definitions
The definitions included in this Article and used in these Terms and Conditions have the following meanings:
1.1 "Terms and Conditions": refers to these Terms and Conditions.
1.2 “Cooling-off Period" refers to the period within which Customer - Consumers can exercise their right of cancellation;
1.3 "Durable Medium" is any device - including e-mail - that enables Customers to store information addressed personally to them in a way that permits future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
1.4 "Right to Cancel" is the right that the Customer - Consumer has to cancel the Distance Contract within the cooling-off period;
1.5 "Customer" means any person, firm, company or other organisation using the Webshop on its own behalf or on behalf of a third party. Each Customer is either a "Customer-Consumer", or a "Professional Customer";
1.6 "Customer-Consumer" means natural persons who are not acting for purposes related to their trade, business, craft or profession and who is deemed to be at least 18 years old;
1.7 “MODEL CANCELLATION FORM” refers to Annex 2 of these Terms & Conditions European model cancellation form. Annex 2 need not be provided if the Customer-Consumer does not have a right of cancellation for the order;
1.8 "Agreement" means a distance agreement entered into between SUR+ and the Customer within the framework of an organised system for the distance sale of products, digital content and/or services, where exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the agreement;
1.9 "Personal Data" within the meaning of Article 4(1) of the General Data Protection Regulation (Regulation (EU) 2016/679): any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.10 "Personal Data of the Customer" means all personal data of the Customer processed by SUR+ in the context of the Agreement.
1.11 "Professional Customer" is the natural or legal person acting for purposes related to its trade, business, craft or profession;
1.12 “Object"/”Objects" means the items offered by SUR+ on the Webshop;
1.13 "SUR+" is the company managing the Webshop, namely SUR+ Comm.V., a limited partnership under Belgian law, with its registered office at Klapstraat 133, 9831 Deurle (Sint-Martens-Latem), VAT BE 0705.979.361, RPR Ghent;
Contact details:
SUR+ Comm.V.
Klapstraat 133
9831 Deurle (Sint-Martens-Latem)
E-mail: info@maisondelhistoire.com
Phone number: +32 (0)485 833 101
1.14 "Website" refers to the publicly available website https://www.maisondelhistoire.com/
1.15 "Webshop" refers to the webshop application available to the public at https://www.maisondelhistoire.com/shop.
Artikel 2 - Scope of application of the General Terms and Conditions
2.1 These General Terms and Conditions govern the Customer’s access to and use of the Webshop.
2.2 Given that the Agreement is entered into electronically, before that happens, the text of these General Terms of Sale is provided to the Customer electronically in such a way that it can be easily stored by the Customer on a Durable Medium. If this is not reasonably possible, before the Agreement is entered into, it will be indicated where the General Terms of Sale can be inspected electronically, and that, at the Customer's request, they will be sent electronically or otherwise free of charge.
2.3 Certain provisions in these Terms and Conditions may only apply to certain categories of Customers. Such limitations are always expressly stated within each clause concerned. In the absence of such entry, the provisions apply to all Customers.
Artikel 3 - Description of the Webshop and Offer
3.1 The Webshop specialises in offering Customers second-hand interior items with character, such as furniture, decoration and similar, subject to these General Terms and Conditions.
3.2 The Objects offered in the Webshop are used goods, which may contain various degrees of traces of use. Even though the description of the item in question tries to be as detailed as possible, SUR+ is not liable for possible material errors and/or publishing errors in the information mentioned in connection with the Object. An image of the Object published in the Webshop is for illustrative purposes only and may contain elements not included in the price and/or differ from the actual Object.
3.3 The offer is always valid while stocks last and may be amended or withdrawn by SUR+ at any time. SUR+ cannot be held liable for the unavailability of an Object. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
Artikel 4 - Orders
4.1 To be able to place an order, the Customer must register their personal, invoicing and delivery information upon payment on the page of the Website destined for that purpose.
4.2 Customers can also use their social media accounts held with third-party service providers to log in and access the Webshop. In the latter case, Customers acknowledge that their relationship with these third parties is governed by the agreement they have with that party.
4.3 If the Customer wishes to use log-in details for the Website, these are personal and may not be disclosed by the Customer to third parties. All Customers are solely responsible for the protection and security of their data regarding the Customer account and logins, including, but not limited to, the Customer name and password. By registering, Customers agree to be fully responsible for all activities taking place under their Customer name and password.
4.4 Customers are obliged to inform SUR+ immediately via the contact details provided in these Terms and Conditions if they believe that their personal information, including but not limited to customer accounts, access data or Personal Data, has been breached, unlawfully disclosed or stolen.
4.5 The Agreement comes into effect as soon as the electronic order via the Webshop is received by SUR+. Before the order is finalised, the Customer will be given the opportunity to identify and correct any errors in the order before committing contractually.
4.6 Given that the Agreement is entered into electronically, SUR+ will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. Given that the Customer can pay electronically, SUR+ will observe appropriate security measures to that end.
4.7 Once an order is completed, the Customer will receive one or more order receipt confirmations by e-mail.
4.8 The delivery costs (if applicable) and any additional costs are determined according to the data and choices entered by the Customer.
Artikel 5 - Prices and payment
5.1 All prices stated are expressed in euros, always including VAT and any other taxes or duties that the Customer is obliged to pay, and excluding any delivery costs. The indication of the price refers exclusively to the Objects as described verbatim. The accompanying photos are for decorative purposes and may contain elements not included in the price.
5.2 The Customer may choose one of the following means of payment to pay for the order: Credit/debit card, Bancontact, Paypal, Credit cards with Stripe.
5.3 The Customer may also choose to pay for all or part of the order with the gift voucher purchased or received from SUR+. The gift voucher is valid for the duration and amount stated on it. If the amount of the gift voucher exceeds the amount payable for the order, the Customer must always contact SUR+ before paying for the order.
Artikel 6 - Delivery costs
6.1 Small Objects (of which the longest side does not exceed 1.5 metres, the sum of all sides (length + 2x width + 2x height) does not exceed 3 metres, and the maximum weight is 20 kg) sold via the Webshop can either (1) be delivered to your home in Belgium, the Netherlands, Luxembourg, Germany, Denmark, France, Italy, Austria and the United Kingdom under the conditions and at the rates indicated on the Website, or (2) be picked up free of charge from the warehouse.
a) delivered within a radius of up to 50 km (from the warehouse) subject to the conditions and rates specified on the Website, or
b) be collected free of charge from the warehouse.
6.2 Large Objects weighing more than 20 kg and with dimensions that do not fall under “Small Objects" can either (1) be delivered within a radius of up to 50 km (from the warehouse) subject to conditions and rates stated on the Website, or (2) be collected free of charge from the warehouse.
6.3 The delivery charge for the Object(s) is calculated automatically when the Customer provides a delivery address on the Website.
Artikel 7 - Right to Cancel (for Consumer Customers only)
7.1 Customer-Consumers have the right to revoke the Agreement within a period of 14 calendar days without giving reasons (the “Right to Cancel"). SUR+ may ask the Customer-Consumer about the reason for cancellation, but may not oblige the Customer-Consumer to state reason(s).
7.2 The Cooling-off Period expires 14 calendar days after the day the Customer takes possession of the Object. This Cooling-off Period starts the day after the Customer-Consumer, or a third party designated in advance by the Customer-Consumer, who is not the carrier, has received the Object, or:
i) if the Customer-Consumer ordered several Objects in the same order: the day on which the Customer-Consumer, or a designated third party, received the final Object. SUR+ may, provided it has clearly informed the Customer - Consumer of this prior to the ordering process, refuse an order of several Objects with different delivery times.
ii) if the delivery of an Object consists of several shipments or parts: the day on which the Customer-Consumer, or a designated third party, received the final shipment or part.
7.3 If SUR+ has not provided the Customer with the legally required information on the Right to Cancel or the Model Cancellation Form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
7.4 If SUR+ has provided the information referred to in the previous paragraph to the Customer-Consumer within 12 months of the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the Customer-Consumer received that information.
Artikel 8 - Exercise of the Right to Cancel by the Customer-Consumer, and associated costs
8.1 To exercise the Right to Cancel in relation to small Object(s), the Customer-Consumer must use the confirmation e-mail or copy of the invoice to return the small Object(s). The costs of returning the small Object(s) and the risks associated with this are the responsibility of the Customer-Consumer.
8.2 Upon proper receipt, SUR+ will thoroughly inspect the Object(s) and if it/they is/are in its/their original condition, provide a refund to the Customer-Consumer within 14 days of receipt.
8.3 Where an item has suffered depreciation due to the Customer-Consumer's use, this will be charged to the Customer-Consumer.
8.4 To exercise the Right to Cancel in connection with large Object(s), the Customer-Consumer must always contact SUR+.
Artikel 9 - Obligations of SUR+ upon cancellation
9.1 If SUR+ enables the notification of cancellation by the Customer-Consumer by electronic means, it will send a receipt confirmation as soon as possible after receiving this notification.
9.2 SUR+ will refund all payments made by the Customer, including any delivery costs charged by SUR+ for the returned Object, within 14 days following the day on which the Customer-Consumer notifies it of the cancellation. Unless SUR+ offers to collect the Object(s) itself, it may wait to refund until it has received the Object or until the Customer-Consumer demonstrates that the Object has been returned, whichever is earlier.
9.3 SUR+ will use the same means of payment used by the Customer-Consumer for reimbursement, unless the Customer agrees to another method. The refund is free of charge for the Customer-Consumer.
Artikel 10 - Delivery and execution
10.1 SUR+ will take the greatest possible care when receiving and executing orders for Objects and when assessing any requests for the provision of services.
10.2 SUR+ will execute accepted orders as soon as possible but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the Customer will be notified no later than 30 days after the order was placed. In this case, the Customer has the right to terminate the Agreement free of charge, without being entitled to any compensation.
After dissolution in accordance with the previous paragraph, SUR+ will refund the amount paid by the Customer without delay.
The place of delivery is the address that the Customer-Consumer has made known to SUR+ when placing the order. The risk of damage and/or loss of Objects rests with SUR+ until the moment of delivery to the Customer-Consumer or a representative designated in advance and made known to SUR+, unless expressly agreed otherwise. When the Customer is a Professional Customer, delivery is made by transferring the Object(s) to be delivered directly to the Professional Customer or to the forwarding agent designated by the Customer or SUR+. Risk passes to the Professional Customer once the delivery as aforementioned has been made.
If the Customer is a Professional Customer, delivery will be made by transferring the Item(s) to be delivered directly to the Professional Customer or to the carrier designated by the Customer or SUR+. Risk transfers to the Professional Customer once delivery has been completed as stated above.
Artikel 11 - Warranty and indemnification
11.1 SUR+ guarantees that the Objects comply with the Agreement, with the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and with the statutory provisions and/or government regulations existing on the date of entry into the Agreement. Nevertheless, the Objects on offer remain used, second-hand items. The statutory warranty applicable exclusively to the Customer-Consumer is thereby limited to one (1) year and does not apply to defects that the Customer-Consumer had knowledge of at the time of purchase.
11.2 The Professional Customer has a period of 48 hours to evaluate whether the delivered Objects comply with delivery and accept them or communicate its comments in writing. The visible defects are deemed to be covered upon acceptance of the delivered Objects.
11.3 Any hidden defect must be reported in writing to SUR+ by the Professional Customer under penalty of nullity within 7 days of its discovery (or date when the defect should have been discovered).
11.4 The statutory warranty for the benefit of the Customer-Consumer and the warranty and/or indemnity for visible and/or hidden defects for the benefit of the Professional Customer shall in no case apply if the defect and/or damage is caused by incorrect use or incorrect preservation of the Object or storage/storage contrary to the applicable instructions. Customers must always prove that their claims have not lapsed for reasons listed in this article.
11.5 Any claim to warranty and/or indemnity lapses in case of processing, modification by the Customer or by third parties or in case of abnormal or extraordinary use of the Objects or damage caused by force majeure.
Artikel 12 - Changes and disruptions
12.1 SUR+ reserves the right to modify or discontinue all or part of the Webshop at any time or for any reason at its sole discretion and without prior notice. SUR+ shall not be liable to Customers or third parties for any modification, suspension or discontinuation of the Webshop.
12.2 SUR+ cannot guarantee that the Webshop is available at all times. Customers agree that SUR+ shall not be liable in any way for any loss, damage or inconvenience caused by their inability to access or use the Webshop during any downtime or shutdown of the Webshop. Nothing in these Terms and Conditions shall be construed as obligating SUR+ to maintain and support the Webshop or provide corrections, updates or releases in connection therewith.
12.3 Nothing in these Terms and Conditions shall be deemed to obligate SUR+ to maintain or support the Webshop or to provide any corrections, updates, or releases in connection therewith.
Artikel 13 - Limitation of liability
13.1 The content of the Webshop is provided on an "as is" and "as available" basis. To the extent permitted by applicable law, SUR+ disclaims all conditions, representations and guarantees - whether express, implied, statutory or otherwise - including, but not limited to, any implied guarantee of fitness for a particular purpose, or respect for the rights of third parties.
13.2 Under no circumstances will SUR+ be liable for
- damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Webshop, Website or Customer Account or the information contained therein;
- any errors, mistakes or inaccuracies in the content;
- eventual "bugs", viruses, "Trojan horses" and the like transmitted to or via the Webshop;
- any errors or omissions in the content, any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Website and/or Webshop; and/or
- defamatory, offensive or illegal behaviour of a Customer.
13.3 Under no circumstances shall SUR+ be obliged to pay compensation for indirect, special or consequential damage, business interruption, loss of revenue, damage to reputation or goodwill, loss of or damage to information or data, or any other damage resulting from the use of the Webshop. This limitation of liability also applies after SUR+ has been specifically informed of the Customer's potential loss.
Artikel 14 - Customer service
14.1 SUR+'s customer service can be reached every working day from 9am to 5pm on the telephone number +32 (0)485 833 101, by e-mail at info@maisondelhistoire.com info@maisondelhistoire.com or by post at the following address:
SUR+ Comm.V.
Klapstraat 133
9831 Deurle (Sint-Martens-Latem)
Artikel 15 - Privacy and Personal Data of the Customer
15.1 The privacy policy and processing by SUR+ of the Personal Data of the Customer is described in detail in the Privacy Policy which forms an integral part of these Terms and Conditions.
Artikel 16 - Complaints
16.1 Complaints about the performance of the Agreement must be submitted to SUR+ within a term of 5 days after the Customer has identified the issue, fully and clearly explained in writing (by e-mail to info@maisondelhistoire.com) are submitted to SUR+.
16.2 Complaints submitted to SUR+ will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, SUR+ will respond within the 14-day period with a notice of receipt and an indication of when the Customer can expect a more detailed response.
16.3 The Customer must give SUR+ at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.
Artikel 17 - Severability
17.1 If any provision of these Terms and Conditions is or becomes illegal, unenforceable or invalid, the relevant provision shall be deemed amended to the extent necessary to remedy the illegality, unenforceability or invalidity thereof.
17.2 If amendment as stipulated in Article 17.1 is not possible, that provision shall be deemed separable from these General Terms and Conditions for all purposes and shall not affect the legality, enforceability and/or validity of the remaining provisions.
Artikel 18 - Applicable law and competent court
18.1 Belgian law (excluding the provisions of private international law) applies to these General Terms and Conditions and the Agreement.
18.2 Any dispute, disagreement or claim arising from - or related to - these General Terms and Conditions, the Agreement and any subsequent amendments thereto, as well as non-contractual claims, shall be submitted to the courts of the judicial district of Ghent, Ghent Division. If the Customer is a Customer-Consumer, all disputes arising from this Agreement shall be settled by the court of the Customer-Consumer's home. The Customer-Consumer can also use the consumer redress platform (https://consumer-redress.ec.europa.eu/index_nl).
18.3 These terms and conditions are drawn up in Dutch. The translation into other languages is for information purposes only. In the event of any discrepancy between the versions, the Dutch version shall prevail.http://ec.europa.eu/consumers/odr/).