General conditions

Terms and Conditions

Welcome to By Margaux!

These terms and conditions outline the rules and regulations for the use of By Margaux's website, located at Http://ByMargaux.com. By accessing this website we assume you accept these terms and conditions. Do not continue to use By Margaux if you do not agree to take all of the terms and conditions stated on this page.

Identity of the seller

By Margaux - MK Brands VOF
Provincialebaan 61
9255 Buggenhout, Belgium
BE0769973330
info@bymargaux.com

General

These general conditions apply to all offers of By Margaux.
The conditions are accessible to everyone and included on the internet site https://www.bymargaux.com/.

By placing an order you indicate that you agree with the delivery and payment terms and conditions. By Margaux reserves the right to change its delivery and/or payment terms after the expiration of the term.

Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by By Margaux.

By Margaux guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

Delivery

Delivery takes place while stocks last.

Under the rules of the Distance Selling Act, By Margaux will execute orders at least within 30 days. If this is not possible (because the order is out of stock or no longer available), there is a delay for other reasons, or an order cannot, or can only partially, be carried out, the consumer will be notified within 1 month of placing the order and in that case has the right to cancel the order without costs and notice of default.

The place of delivery is the address which the consumer has made known to the company.

By Margaux's obligation to deliver will, subject to proof to the contrary, have been fulfilled once the goods delivered by By Margaux have been offered once to the buyer. In case of home delivery the report of the carrier, containing the refusal of acceptance, shall serve as full proof of the offer to deliver.

All terms mentioned on the internet site are indicative. No rights can therefore be derived from the periods stated.

Prices

Prices will not be increased within the term of the offer, unless legal measures make it necessary or the manufacturer implements interim price increases.

All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.

All prices on the site are in Euros and include 21% VAT.

Trial period/right of withdrawal

If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving reasons. This period begins when the ordered goods have been delivered. If the buyer has not returned the delivered goods to By Margaux after this period has expired, the purchase is a fact. The buyer is obliged, before proceeding to return the goods, to notify By Margaux in writing within 14 working days after delivery. The buyer must prove that the delivered goods have been returned in time, for example by means of proof of postal delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the buyer, encumbered or damaged in any way, the right to rescission within the meaning of this paragraph lapses. Subject to what is provided in the preceding sentence, By Margaux shall ensure that within 14 working days after proper receipt of the return, the full purchase price excluding shipping costs incurred is refunded to the buyer. The return of the delivered goods is entirely at the expense and risk of the buyer.

The right of withdrawal does not apply to:- Services whose performance, with the consent of the consumer, has begun before the period of seven working days. - Goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence. - Goods manufactured according to the consumer's specifications, e.g. customization, or which are clearly of a personal nature. - For goods or services which by their nature cannot be returned, for example because of hygiene or which spoil or age quickly. - Audio and video recordings and computer software of which the consumer has broken the seal. - The delivery of newspapers and magazines; for betting and lottery services.

If the consumer uses his right of withdrawal, the costs of return shipment will be borne by the consumer.

If the consumer purchases a SALES item, the consumer cannot use their right of withdrawal. Sales cannot be returned afterwards.

Guarantee

By Margaux guarantees that the products it delivers meet the requirements of usability, reliability and longevity as they are reasonably intended by the parties to the purchase agreement, and therefore vouches for the factory guarantee of the product delivered to you.

The warranty period of By Margaux corresponds to the factory warranty period. However, By Margaux is never responsible for the ultimate suitability of the goods for each individual application by the buyer, nor for any advice regarding the use or application of the goods.

The buyer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered good is wrong, faulty or incomplete, the buyer (before proceeding to return to By Margaux) must immediately report these defects in writing to By Margaux. Any defects or incorrect goods delivered must and can be reported in writing to By Margaux no later than 14 days after delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after the discovery of defects, damage occurring after the discovery of defects, encumbrance and/or resale after the discovery of defects, shall completely nullify this right to complain and return.

If By Margaux considers complaints from the buyer to be well-founded, By Margaux shall at its discretion either replace the delivered goods free of charge or make a written settlement with the buyer about the compensation, on the understanding that By Margaux's liability and therefore the amount of the compensation shall always be limited to a maximum of the invoice amount of the goods in question. Any liability of By Margaux for any other form of damage shall be excluded, including additional compensation in whatever form, compensation for indirect or consequential damage or damage due to loss of profit.

This guarantee does not apply if: A) and as long as the buyer is in default to By Margaux; B) the buyer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of By Margaux and/or instructions for use on the packaging; D) the defectiveness is wholly or partially the result of regulations which the government has made or will make regarding the nature or quality of the materials used.

Legal notice

The company MK BRANDS (BE0769973330) hereby grants you access to www.bymargaux.com and publishes here texts, images and other materials provided by By Margaux and/or third parties. By Margaux thereby reserves the right at any time to modify the content of its website and/or remove parts without having to give notice.

Copyrights - intellectual property

The integral content of the By Margaux webshop is owned by the company, this includes: the design and layout, software, graphics, moving images, sounds and texts. All related rights are managed by the company.

Customers may only download and/or make a copy of this content for purely personal, non-commercial use.

The information on the website is intended as non-binding and not as a concrete offer to conclude an agreement. Agreements are concluded only upon acceptance of the order by By Margaux.

Cookies

We employ the use of cookies. By accessing By Margaux, you agreed to use cookies in agreement with the By Margaux's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, By Margaux and/or its licensors own the intellectual property rights for all material on By Margaux. All intellectual property rights are reserved. You may access this from By Margaux for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from By Margaux
  • Sell, rent or sub-license material from By Margaux
  • Reproduce, duplicate or copy material from By Margaux
  • Redistribute content from By Margaux

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Deckorat does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of By Margaux ,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Deckorat shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

By Margaux reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant By Margaux a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of By Margaux; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to By Margaux. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of By Margaux's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Ownership 

All photos and texts on the webshop are highly personalized by By Margaux and cannot be reproduced at any time without permission. By Margaux has an exclusive right to use the photos.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Returns

Please read our return policy.