Algemene voorwaarden

  1. Each customer (Customer) of Medida BV, with registered office in Corn. Vissenaekensplein 23, 3130 Begijnendijk, Belgium, known under company number 0771.961.929 (Company) has knowledge of and has accepted these general terms and conditions of sale and payment (Terms and Conditions). Only these Terms and Conditions apply to all our contracts and commitments to the exclusion of different or additional conditions previously agreed in writing between the parties. In case the Customer is not a consumer, separate terms and conditions may apply in a B2B context. If the Customer wants information about guarantees and after-sales service, the Customer can always contact the following contact point:
  2. Before any remote agreement is concluded between the Company and the Customer, the text of these Terms and Conditions will be made available to the Customer. If this is not reasonably possible, the Company will indicate, before the remote agreement is concluded, how the Terms and Conditions can be viewed at the Company and that they will be sent free of charge as soon as possible at the request of the Customer.
  3. All prices stated in the price offers or on the Company's website are in EUR and exclusive of VAT, and are valid for one month where applicable, unless otherwise specified. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates. The Company's price offers are purely informative and not binding. Only an order form signed by the parties or an order accepted by the Company creates an agreement between the parties. The Company acknowledges that electronic communications may serve as evidence. By placing an order and thus accepting the Terms and Conditions, the Customer also acknowledges this. The price offers can always be revised until the final order, if a change occurs in material costs, wages, social security contributions or other price-determining factors. Indicated prices are based on cash payment unless otherwise stated.
  4. If the agreement is concluded electronically, the Company will take appropriate technical and organizational measures to secure the electronic transfer of data and the Company will ensure a reasonably safe web environment. If the Customer is able to pay electronically, the Company will take appropriate and reasonable security measures to that end. The Company is not liable for any additional costs charged by third parties to the Customer because of his or her electronic payment. Bank charges are borne by the Customer.
  5. Only payments made to the bank account specified by the Company are accepted by us. Any late payment on the due date automatically, without prior notice of default, gives rise to the payment of compensation of ten percent (10%) of the total amount and/or invoice amount, with a minimum of seventy-five euros (EUR 75.00). In addition, any outstanding amount will automatically and without prior notice of default, accrue interest calculated on the basis of the interest rate of eight (8) percent from the due date. Part payments are first charged against outstanding costs, then against accrued interest and then against the oldest outstanding debt in principal. Any late payment entails that all other outstanding debts become immediately due and payable by operation of law. Acceptance of bills of exchange or other means of payment does not create debt renewal. If a shortcoming in the delivered materials is found or if a part has to be delivered, the Customer is not entitled to invoke this to withhold any payment, since the Company provides a service guarantee for this.
  6. In general, all complaints are sent to the Company by registered letter or by e-mail and within eight (8) calendar days of the invoice date or receipt of the goods. If the Customer is a consumer, the Customer will in any case report this fully and clearly to the Company within a reasonable time after the Customer has discovered the defects. The Customer must in any case give the Company four (4) weeks to resolve the complaint by mutual agreement. In case of complaints, the Customer can address the following contact point: Corneel Vissenaeckensplein 23, B-3130 Betekom.
  7. Right of withdrawal ('herroepingsrecht'): The Customer, acting as a consumer, can dissolve an agreement with regard to the purchase of a product from the Company during a reflection period of 30 days without stating reasons. During the reflection period, the Customer will handle the product and packaging with care. He or she will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The Customer is liable for depreciation in value if he or she does not handle the product reasonably correctly during this cooling-off period. The basic principle here is that the Customer may only handle and inspect the product as he would be allowed to do in a physical store. If the Customer wishes to make use of his or her right of withdrawal, he/she will notify the Company unambiguously within the cooling-off period. The notification of withdrawal can be made electronically via the aforementioned contact point, whereupon the Company will provide the Customer with an acknowledgment of receipt, or can be made by letter using the withdrawal form below. As soon as possible, but within fourteen (14) days from the day following the notification referred to above, the Customer returns the product or hands it over to (an authorized representative of) the Company. The Customer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Company. If the Customer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law. After a short verification of the returned items, the Company will refund the order (excluding shipping costs) or exchange it for another item, if applicable, without undue delay but within 14 days following the day on which the consumer correctly reports the withdrawal to the Company, and provided that the Company has already received the returned product from the Customer. The direct costs and the risk of the shipment for the return or exchange are for the account of the Customer. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rests with the Customer. The Company will use the same payment method that the Customer has used for reimbursement, unless the Customer agrees to another method. The refund is free of charge for the Customer.
  8. Draft document right of withdrawal:
    To: Medida B.V. (For the correct return address, see the return information as included in your account on our website.)
    I/We* hereby give notice that I/we* revoke our agreement regarding the purchase of the following products: [product designation]* revoke/revoke*.
    Ordered on*/received on* [date of order or receipt of products]
    [Name consumer(s)] + [Address consumer(s)]
    [Signature consumer(s)] (only when this form is submitted on paper)
    * Strike out what is not applicable or fill in what is applicable.
  9. Only new, unworn products, with label and any accessories, can be returned. However, the Company can always exclude the following products and services from the right of withdrawal: Products manufactured according to the Customer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Customer, or which are clearly for a specific person to be destined. Products expressly excluded from the right of withdrawal by the Company: specific and customized hairpieces ordered by the Customer from the Company, which are not standard hairpieces. Hairpieces that have been fitted by the Customer before purchasing are also excluded from the right of withdrawal. In previous cases, the Company must inform the consumer before the conclusion of the contract either that he does not have a right of withdrawal or, if necessary, the circumstances in which he loses his right of withdrawal. This notification can be communicated to the Customer via these General Terms and Conditions, as indicated above.
  10. The Company can always refuse or not refund returned products if the goods have been worn by the Customer or if the products have been damaged by the Customer.
  11. The Company remains the owner of the delivered goods until the day of full payment in principal and/or interest and/or fixed compensation, even if the goods have already been put into use by the Customer.
  12. The Company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions existing on the date of the conclusion of the agreement. The Company will exercise the greatest possible care when receiving and executing orders for products. Given the specific nature of the Company's products, the Company will communicate the estimated delivery time to the Customer upon acceptance of the order. The Company will make the delivery expeditiously. The ordered goods will be delivered to the delivery address as soon as possible after the online ordering procedure has been completed. If the delivery is delayed, or if an order cannot or only partially be executed, the Customer will be notified. The Customer acknowledges that the Company cannot be held liable for delays. The Company is not responsible for any loss or damage caused by delay or failure to perform its obligations under these terms and conditions if caused by strike, occupation, riot, war, fire, force majeure, accident, defects or shortages of suppliers, restrictions imposed by the government, non-grant of import or export licenses, subject to law, regulation or order, or due to any other circumstances or cause that would affect the improper performance of these Terms and Conditions, or any circumstance beyond the Company's control.
  13. The legal guarantee can be invoked by the Customer if the non-conformity of the delivered good is established within 2 years from the delivery of the good. The legal guarantee starts from the delivery of the good to the consumer. Any commercial warranty does not affect these rights. To invoke the warranty, the Customer must be able to present proof of purchase. The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
  14. The Company's products are only suitable for normal use, in view of their nature and any accompanying instructions. The Company shall not be liable for any damage or expense caused by the goods sold, except in the event of gross negligence or gross negligence on the part of the Company. The Company's maximum liability is in any case limited to the purchase price of the product, unless applicable legal provisions apply.
  15. Any change in the Customer's situation, such as death, insolvency, collective debt mediation, dissolution, liquidation, judicial composition, bankruptcy or non-payment, allows the Company to demand guarantees or to terminate the contract by operation of law and without prior notice of default or partially terminate with payment of damage suffered by the Company insofar as this makes it clear that the Customer will definitively and reasonably not be able to fulfill its obligations.
  16. The Company is entitled to suspend delivery in the event that an advance or other amounts owed are not paid on time and this until all arrears have been settled. New orders must then be paid in cash prior to delivery.
  17. If any provision or wording in these Terms and Conditions should be or should be declared invalid or unenforceable for any reason, then such provision or wording shall continue to be enforceable to the fullest extent possible by law, and the validity, legality and enforceability of the other provisions are not affected or influenced in any way. The invalid or unenforceable part of the provision shall be replaced with a valid or enforceable provisions taking into account the intentions of parties under these Terms and Conditions.
  18. Only the courts of the judicial district of Leuven (Belgium) are authorized to hear disputes between the parties. Belgian law applies. The parties thus exclude the applicability of the Vienna Sales Convention with regard to the provisions of territorial jurisdiction and applicable law.