General Sales and Use Conditions
-
Seller
Studio Matongé operates under the ownership of SRL Nuwa, a company duly registered and established in Belgium. Our official registered office is located at:
Chemin du Vossegat 8,
1180 Uccle,
Belgium
We are officially registered with the Crossroads Bank for Enterprises (BCE) under the number 0556.688.740, and our VAT identification number is BE0556.688.740.
-
Application
By placing an order, the Buyer explicitly agrees to adhere to our General Sales Conditions, which form an integral part of the contractual agreement between the Buyer and Studio Matongé (SRL Nuwa). These conditions are to be accepted to the exclusion of any other general or specific conditions issued by the Buyer, except in cases where an alternative arrangement has been explicitly agreed upon and documented in writing by both parties.
-
Prices
-
Pricing Structure: All listed prices are denominated in Euros and are inclusive of Value Added Tax (VAT) and any other applicable taxes or charges the customer is responsible for. This comprehensive approach ensures transparency and ease of understanding for our customers.
-
Additional Fees: Any administrative, delivery, or reservation fees are not included in the listed price and may be charged separately. This distinction is made to provide a clear breakdown of costs associated with the purchase of our products.
-
Product Descriptions and Imagery: The prices specified are for the items as exactly described in their textual descriptions. Photographs and other illustrative materials are provided for visualization purposes only and may depict elements not included in the price. Customers are encouraged to rely on the written descriptions for an accurate understanding of what is included in their purchase.
-
Discounts and Promotions:
-
Non-Retroactivity: Discounts and promotions offered by our company are not retroactive. They apply from the time of announcement or as specified in the promotional materials and cannot be applied to past purchases.
-
Non-Exchangeability: Promotional offers cannot be exchanged for cash or any other form of credit.
-
Exclusivity and Non-Cumulativity: Discounts and promotions cannot be combined with any other offers or applied to custom or semi-custom orders. This ensures fairness and allows us to offer the best possible prices to all our customers.
-
Offers and Order Acceptance
-
Accuracy and Modification of Information: Studio Matongé endeavors to provide the most accurate, complete, and up-to-date information on our online shop and e-commerce website. However, despite our best efforts, the information presented may be subject to modifications, contain inaccuracies, or become outdated. Customers are advised that product details and prices are not immutable and may be revised or corrected at any time.
-
Limitation of Liability:
-
Errors: Studio Matongé cannot guarantee that all information is free of material, typographical, or printing errors. Such inaccuracies or misunderstandings arising from obvious errors in the offer do not hold Studio Matongé accountable.
-
Effort Obligation: Our commitment is to apply reasonable diligence in ensuring the accuracy and completeness of the information provided. However, Studio Matongé shall not be liable for inadvertent errors or omissions.
-
Customer Inquiries: Customers with specific inquiries about product characteristics (e.g., dimensions, color), availability, delivery times, or methods are encouraged to contact our customer service before making a purchase. This proactive approach aims to prevent misunderstandings and ensure customer satisfaction.
-
Validity and Availability of Offers:
-
Stock Limitation: Offers are subject to availability and may be withdrawn or modified at Studio Matongé’s discretion without prior notice.
-
No Obligation: Studio Matongé cannot be held responsible for the unavailability of any product. Offers with limited validity or specific conditions will have such restrictions clearly stated.
-
Confirmation of Orders: Studio Matongé is not bound by an order until it has been explicitly confirmed in writing or the execution of the order has commenced.
- This disclaimer is intended to inform our customers about the potential for changes and errors in the information provided by Studio Matongé. By engaging with our services, customers acknowledge and accept these conditions.
-
Online Purchases
1. Payment process & methods
Once the customer has completed their purchases and added all desired items to their cart, the next step is to proceed to the checkout and payment process. To do so, the customer follows the procedure below:
- Accesses the "Cart" page;
- Clicks on the "Checkout" button;
- Verifies or completes their contact information, order details, delivery address, and billing address;
- Chooses the shipping method;
- Clicks on the "Proceed to Payment" button;
- Selects the payment method and ticks the box next to "I have read and accept Studio Matongé's general conditions";
- Verifies the order;
- Clicks on "Place Order";
- Completes the information according to the chosen payment method and proceeds with payment.
We accept various payment methods, depending on the country. Payment is secured by PayPal, Shopify Payments and Alma. Internationally, we accept iDEAL (Netherlands), Mastercard, Visa, and Maestro. If you choose to pay by credit card, the amount will be charged to your card as soon as you confirm the payment. For our Belgian customers, we also accept Bancontact, KBC/CBC online, Belfius Direct Banking and ING Home Pay.
To limit the risk of unauthorized access, credit card data will be encrypted. Payment authorization must be given at the time of shipment of the order.
Credit cards are subject to validity checks. If the credit card issuer does not send us authorization for payment, we will not be responsible for any delay or non-delivery, and we may not be able to conclude a contract with the customer.
Studio Matongé reserves the right to refuse an order due to a serious breach by the customer regarding orders concerning that particular customer.
2. Payment in Installments with Alma
Payment in installments or deferred payment is available through our partner, Alma. Payment security is ensured by Alma and its service providers, with all payments protected by 3D Secure.
Purchase Amounts
- P2X: Only purchases ranging from €50 to €2,000 are eligible for payment with Alma.
- P3X: Only purchases ranging from €50 to €2,000 are eligible for payment with Alma.
Fees
Customers incur no fees when opting for installment payments with Alma.
Alma acts as a tele-payment manager and issues an electronic certificate that serves as proof of the transaction amount and date, in accordance with the provisions of articles 1316 and following of the civil code.
Termination
Any termination of the General Conditions of Sale (GCS) that bind the Seller and the customer will result in the termination of the General Conditions of Use (GCU) between Alma and the customer.
-
Delivery and Contract Performance
The products available for order through this online shop are delivered only to countries that the website specifies as eligible for delivery. Delivery times for the products will be communicated in the confirmation of each individual order, and we will aim to adhere to these times as closely as possible.
The responsibility for any inaccuracies in the delivery address lies with the Buyer, and such mistakes may incur additional charges.
Unless stated otherwise, our listed prices do not cover the cost of transporting and delivering goods to the Buyer. These delivery and transport costs will be itemized separately.
The delivery timelines provided are not guaranteed but are offered merely as guidance. Assuming product availability, we aim to dispatch the products via bpost, as detailed in the order confirmation, within 15 business days from the confirmation date, barring extraordinary circumstances.
Potential causes for delivery delays include:
- Custom-made items
- Specific product requirements
- Unforeseen circumstances
- Delivery region constraints
Delays in delivery do not entitle the Buyer to cancel the purchase or claim damages, except in instances of deliberate delay.
We reserve the right to execute partial deliveries.
In the event that the goods are not delivered, any amounts paid by the Buyer will be refunded without interest or any additional compensation.
The customer must immediately report any apparent damage, qualitative deficiencies in an item, or other issues with the delivery to Studio Matongé.
-
Property Clause
The items delivered will remain the property of the seller until the payment is fully and definitively settled. This includes all costs, taxes, late payment interest, and compensation fees. Should there be a failure to make payment, the seller retains the right to reclaim the goods, by law and at the buyer's cost.
-
Claims
To be considered valid, complaints must be submitted to us within specific time frames: (a) for claims related to non-compliant deliveries, within eight (8) days following the delivery; and (b) for claims regarding hidden defects, within eight (8) days of discovering the defect, or within a timeframe in which such discovery should have reasonably been made. The acceptance of the goods by the Buyer constitutes acknowledgment that any defects or non-conformities detectable at that time are waived.
-
Warranty
Our warranty coverage is restricted to addressing hidden defects and adhering to the consumer warranty obligations outlined in the Civil Code. We are accountable only for damages that stem from deliberate or gross negligence on our part. We disclaim any liability for both general and specific types of indirect damages that the Buyer may incur.
-
Right of Withdrawal
Under the provisions of the Law of 6 April 2010 concerning remote sales to consumers, the consumer is granted the right to inform the seller that they wish to cancel their purchase without incurring any penalties or needing to provide any reasons, within 14 calendar days following the day after the delivery date. To adhere to the withdrawal period, the customer must communicate their intention to exercise their right of withdrawal before this period expires.
To initiate the withdrawal process, customers are required to notify Studio Matongé through the designated contact form or by direct communication to contact@studiomatongé.com, conveying a clear decision to withdraw from the contract. This communication could take the form of a letter sent by post or an email. Upon deciding to withdraw, the customer must return or deliver the goods to Studio Matongé - NUWA SRL, at Chemin du Vossegat 8 - 1180 Uccle (Belgium), promptly, and no later than 14 calendar days from the day they communicated their decision to withdraw from the contract. The return is considered timely if the goods are sent back before the 14-day period concludes. The customer will bear the direct cost of returning the goods.
Customers are advised to return the items in their original state, along with all accessories and documentation that accompanied the purchase. Upon receipt and inspection of the returned package, Studio Matongé will issue a refund for the order amount of the returned products, excluding delivery costs. Items that are custom-made, tailored to the customer's specifications, or that perish quickly are non-returnable, and thus, the right of withdrawal does not apply. If the returned product has diminished in value for any reason, Studio Matongé reserves the right to hold the customer accountable and demand compensation for the depreciation of the goods, particularly if the goods were used beyond what is necessary to establish their nature, characteristics, and functioning.
In the event of contract cancellation by the customer, Studio Matongé commits to refunding all payments received from the customer, including standard delivery costs, within a maximum of fourteen calendar days after being notified of the customer's decision to withdraw. In the case of sales contracts, Studio Matongé may withhold the refund until having received the goods back or until the customer provides evidence of having sent back the goods, whichever is earliest. Additional costs incurred due to the customer opting for a more expensive delivery method than the standard one offered by Studio Matongé will not be refunded. The refund will be processed using the same payment method the customer employed for the original transaction unless the customer explicitly agrees to a different method; under no circumstances will the customer be charged any fees for this refund.
-
Force majeure
We are not liable for any delays in fulfilling or failure to fulfill our obligations resulting from circumstances beyond our regular control. This includes, but is not limited to, disruptions in production, challenges in obtaining supplies or shortages of raw materials, labor, energy, or transportation, transportation delays, strikes, lockouts, work stoppages, or any collective labor disputes affecting either our operations or those of our suppliers, regardless of whether such events could have been anticipated.
-
Price and Payment
Immediate payment
Invoices are due for payment at our headquarters located at Chemin du Vossegat 8, 1180 Uccle, Belgium, on their specified due date, in full and without any deductions, unless the invoice itself stipulates otherwise. Any disputes concerning invoices must be formally submitted in detailed writing via registered mail within three (3) days of the invoice receipt to be considered valid. Late payments will incur interest charges at a rate of 1% per month on the outstanding invoice amount from the invoice date, automatically applied without the need for a prior warning. If a formal demand for payment remains unaddressed for 14 days, a fixed compensation amounting to 10% of the overdue sum will also be charged, in addition to the original amount.
Furthermore, in the event of a late payment or partial payment of an invoice on its due date, or any other failure by the Buyer to fulfill their contractual obligations, we reserve the right to either suspend all ongoing contracts with the Buyer or terminate them immediately without the need for court intervention. We may also demand the immediate settlement of all outstanding claims, including those not yet due, or insist on cash payment for any further deliveries, irrespective of any previous agreements. This action does not affect our right to pursue any other legal remedies. Our failure to immediately act upon a breach of contract by the Buyer does not constitute a waiver of our right to address such a breach at a later date.
Installment Payments with Alma
Installment/deferred payment is available through our partner Alma. The security of payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase Amount :
P2X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P3X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P4X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
Fees
When paying in installments with Alma, the client does not incur any fees.
Alma is a remote payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
Termination
Any termination of the General Terms and Conditions of Sale (CGV) that bind the Seller and the client results in the termination of the General Terms of Use (CGU) between Alma and the client.
-
Personal Data
When placing an order on the Studio Matongé website, the Buyer explicitly consents to the collection and use of their personal information for various purposes, including managing the customer database, processing orders, overseeing deliveries and invoicing, evaluating solvency, and conducting marketing and personalized advertising activities. The utilization of personal data for marketing and customized advertising will only be undertaken with the Buyer's explicit consent obtained during the ordering process. SRL NUWA is prohibited from sharing this information with third parties. The Buyer is entitled to access, correct, or amend their personal data at any time. Moreover, the Buyer has the right to oppose, free of charge, the use of their data for direct marketing purposes whenever they choose. For additional details, Buyers are encouraged to consult the public registry maintained by the Commission for the Protection of Privacy in Brussels.
-
Proof
All parties involved consent to acknowledge electronic forms of evidence (such as emails, backups, etc.) as valid within the scope of their relationship and interactions.
-
Severability
Should any part of these terms be deemed invalid, the invalidity of such a provision will not impact the validity of the remaining provisions.
-
Applicable Law
All agreements made with the Seller are subject to Belgian law, and only Belgian courts hold jurisdiction over any disputes arising from these agreements.