Terms of Sales

 

Update date: 10/10/2022

These conditions of sale are concluded on the one hand by the company MADL-CRÉATIONS,
whose registered office is located at 7321 HARCHIES, 36A Rue Courbée,
Belgium, registered with the Crossroads Bank for Enterprises under number
0665.509.773., hereinafter “MADL-CREATIONS”

AND,

On the other hand, by any natural person or any legal person
wishing to make a purchase via the MADL-CREATIONS website,
hereinafter collectively referred to as “the customers”.

The MADL-CREATIONS website is accessible via the url www.madl-creations.com.

1. Definitions

We will hereinafter designate:

“Site”: the site and all of its pages;
“Products”: all products (materials) and services
(intangible) that it is possible to buy or to which it is possible
to subscribe to the site;
“User”: The Internet user visiting and using the site;
“Basket”: The intangible object grouping together all the goods or
services selected by customers of the site for a purchase having
clicked on these objects;
“Consumer Client”: The Internet user who is a
consumer within the meaning of Article I.1, 2° of the Code of Economic Law and
who makes a purchase of a product or service on the site;
“Professional Client”: The internet user who is a
professional acting within the framework of his professional activities
and who makes a purchase of a product or service on the site;
“Customers”: Internet users, whether they are
consumer or professional, making a purchase of product or service
on the site.

2. Objects

The so-called ‘showcase’ part of the site is open and free to all users.

The parts of the site related to online training require paid access, the price of which may vary depending on the training.

These general conditions are intended to define the contractual relationship between MADL-CRÉATIONS and the user and/or customers, whether professional or consumer. Certain articles of these general conditions are however specifically and only addressed to consumers.

The acquisition of a good or a service, or the creation of a customer space, or in a more general way the navigation on the site supposes the acceptance without reserve, by the user who will become customer-consumer or professional, of the entirety of these general conditions, who recognizes by the same fact to have taken full knowledge of them.

The acceptance of these general conditions assumes on the part of users, future customers, that they have the legal capacity necessary for this. The user, future consumer or professional client, certifies that he is of legal age and if he does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.

These general conditions shall prevail over any other general or specific conditions not expressly approved by MADL-CRÉATIONS.

MADL-CRÉATIONS reserves the right to be able to modify its general conditions at any time. In this case, the conditions applicable to the user and/or customers are those in force on the day of his order or his connection to this site.

3. Characteristics of the products and services offered

The products and services offered are those which appear in the published catalog and in the training catalog on the MADL-CRÉATIONS website. These products and services are offered within the limits of available stocks.

Each product is accompanied by a description established by MADL-CRÉATIONS.

The other products created and developed by MADL-CRÉATIONS whose marketing was carried out by its partner Planète Gateau will be found for sale directly on the site of the said partner, according to the conditions of sale of the latter and without any intervention from MADL- CREATIONS.

The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual.

The customer service of this site is accessible by e-mail at the following address: madlcreation@gmail.ciom or by post at 36A Rue Courbée, 7321 HARCHIES (Belgium), in which case MADL-CRÉATIONS undertakes to provide a response within 7 days.

4. Customer area

4.1. Information:

The creation of a personal space is an essential prerequisite for any order or customer contribution to this site.

To this end, the user who wants to register on the site will be asked to provide a certain amount of personal information, making him then a consumer or professional client of the site.

Customers agree to provide accurate information. The purpose of data collection is to create a “customer account”. This account allows customers to view all their orders placed on the site.

Customers registered on the site have the possibility of accessing it by logging in using their identifiers.

4.2. Password Customers are fully responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If a password is forgotten, customers have the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in their “my account” section and the customers therefore refrain from transmitting or sharing it. communicate to a third party. Failing this, MADL-CRÉATIONS cannot be held responsible for unauthorized access to the customer’s account.

4.3. Disappearance of data If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the site and MADL-CRÉATIONS could not be engaged, this information having no value. conclusive but purely informative. The pages relating to customer accounts are freely printable by the account holder in question but do not constitute proof, they are only informative. intended to ensure efficient management of its orders or contributions by customers.

4.4. Account deletion MADL-CRÉATIONS reserves the exclusive right to delete the account of any consumer or professional client who has contravened these general conditions (in particular, but without this example having any exhaustive character, when the consumer or professional client has knowingly provided erroneous information, when registering and creating their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the excluded consumer or professional client who will not be able to claim any compensation for this. This exclusion does not exclude the possibility for MADL-CRÉATIONS to take legal action against the consumer or professional client, when the facts have justified it.

4.5. Closure of account All customers are free to close their account on the site. For this, customers must send an e-mail to the site or directly to madlcreation@gmail.com indicating that they wish to delete their account.

 5. Order subscription terms and description of the purchase process We will define below as “Basket” the immaterial object grouping all the goods or services selected by the customers of the site for a purchase by having clicked on these objects. Products and services are offered within the limits of available stocks. MADL-CRÉATIONS reserves the right to communicate to its customer the cancellation of an order in the event of a product being out of stock. As soon as the customers believe that they have selected and added to their basket all the items they wish to buy, they will have the possibility, to validate their order, to access their basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which they will read and where They will be informed of the number and characteristics of the products ordered, as well as their unit price. If they wish to validate their order, customers must tick the box relating to the ratification of these general conditions of sale and click on the validation button. This confirmation of the order entails the acceptance of these conditions of sale, the acknowledgment of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase or other conditions. Customers will then be redirected to a page where they will have to fill in the order form fields. In the latter case, they will have to fill in a certain amount of personal data concerning them, necessary for the smooth running of the order. Once customers have completed the form, they will then be invited to make their payment with the payment methods listed in the payment section of these terms and conditions. By validating the order of any product (physical, downloadable or online training), customers authorize MADL-CRÉATIONS to debit their payment card for the total amount of the order. The validated order is only considered effective when the bank payment centers concerned have given their agreement. In case of refusal of the said centers, the order is automatically cancelled. After a few moments, customers will be sent an order confirmation email, reminding them of the content of their order and the price thereof.

6. Rates

Unless otherwise stated, the prices listed in the catalog have prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order. A 21% VAT is applied to alcoholic products. MADL-CRÉATIONS reserves the right to pass on any change in the VAT rate to the price of the products or services. MADL-CRÉATIONS also reserves the right to modify its prices at any time. However, the price appearing in the catalog on the day of the order will be the only one applicable to customers. The prices indicated include order processing costs, excluding delivery costs which may be required (see art. 8). (For physical products: Orders placed outside Belgian territory may be subject to possible taxes and customs duties when they are will arrive at their destination. The payment of these duties and taxes is the responsibility of customers and they are advised to check with the competent authorities in their country.) Any complaint relating to an invoice must be sent in writing 15 calendar days at the latest after its date of dispatch. Failing this, the buyer will no longer be able to contest this invoice.

7. Terms of payment

 7.1. General The amount is payable when ordering. Customers can place an order on this site and can pay by credit card (VISA, Maestro, Bancontact, etc.) or Paypal; Credit card payments are made through secure transactions provided by an online payment platform provider. As with payment by credit card, Paypal guarantees the security of bank data, and avoids customers having to enter their card number each time. For more information, customers can visit the Paypal website. If customers have a Paypal account or wish to pay by credit card, an option of payment by Paypal is proposed.

7.2. Payment method data This site does not have access to any data relating to customer payment methods. Payment is made directly into the hands of the bank or payment provider receiving payment from customers. In the event of payment by bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof of this by any means.

 7.3. Retention of title The items ordered remain the exclusive property of MADL-CRÉATIONS until full payment of the order by the customers.

 8. Delivery or provision

8.1. Delivery terms In the event of deliveries of physical products, these are made to the address indicated in the order form. MADL-CRÉATIONS cannot be held responsible for any errors in customer input and the resulting consequences (for example, errors or delays in delivery). In this context, the costs incurred for the reshipment of the order will be borne by client.

 8.2. Delivery time With regard to the consumer client Unless otherwise stated on the site during the ordering process or in the description of the products ordered, MADL-CRÉATIONS undertakes to deliver the products within a maximum period of 30 days after receipt of the order. Any delay in delivery of more than seven (7) working days may lead to the resolution of the sale at the initiative of the consumer customer, upon written request from him by registered letter with acknowledgment of receipt. The consumer customer has 60 days from the scheduled delivery date to come forward in order to automatically cancel the order. Beyond this period, no complaint will be accepted. The consumer customer will then be reimbursed, within a maximum period of fourteen days, of the sums he has incurred when placing his order. With regard to the professional client The delivery time depends on the conditions previously agreed between the parties

8.3. Shipping cost Shipping costs are invoiced in addition to the selling price of the products and are defined according to the amount of the order, the country of delivery, the mode of transport chosen by the customers and the weights and volumes of the items to be delivered. The delivery costs will be indicated to the customers before any regulations and only concern deliveries made in Belgium: <5kg: €6.70 Between 5 and 10kg: €7.20 Between 10 and 30kg: €10.70 For any other place of delivery, it will be up to customers to inquire with the competent authorities of their country.

8.4. Suspension of deliveries In the event of non-payment of an invoice that has expired, after a formal notice that has had no effect within 48 hours, MADL-CRÉATIONS reserves the right to suspend any delivery in progress and to come until full payment of the price.

In the event of non-payment, MADL-CRÉATIONS reserves the right to claim lump sum compensation of 10% of the unpaid amount and late payment interest of 12% per year from the sending of the formal notice, it being specified that MADL-CRÉATIONS will be liable for the same compensation and late payment interest in the event of culpable breach of its obligations. 8.5. Refusal of delivery due to anomaly Customers can refuse a package at the time of delivery if they notice an anomaly concerning the delivery (missing product compared to the delivery note, damaged package, broken products, etc.). Any anomaly must then imperatively be indicated by the customers on the delivery note, in the form of handwritten reservations, accompanied by their signature. To exercise their right of refusal, customers must either take photos of the defective products and send them as proof to the email address madlcreation@gmail.com, or open the damaged or defective package(s) in the presence of the carrier and have him take over the damaged goods. Failing to comply with these requirements, customers will not be able to exercise their right of refusal, and the company MADL-CRÉATIONS will not be required to accede to the request to exercise the right. customer refusal. If the customer’s package is returned to MADL-CREATIONS by post, MADL-CREATIONS will contact the customers upon receipt of the return package to ask him what to do with his order. If customers have mistakenly refused the package, they can request it to be returned by paying the costs beforehand. for the new shipment. Postal charges must be paid even for orders for which the postage was offered at the time of the command.

9. Right of withdrawal In accordance with the legislation, the consumer customer has a period of fourteen (14) working days from receipt of the physical products ordered, and in the event of multiple deliveries for the same order from receipt of the last product ordered, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the consumer customer. The product must be returned in perfect condition, with no trace of use. If necessary, it must be accompanied by all its accessories. If the returned products are incomplete, damaged, damaged or soiled, the consumer customer will lose his right of withdrawal and the product will be returned to him at his expense. It is recommended to the consumer customer to make the return by a solution allowing a follow-up of the parcel. Otherwise, if the returned package does not reach the company MADL-CRÉATIONS, it will not be possible to launch an investigation with the postal services in order to ask them to locate the latter. After receipt and acceptance of the complaint, any reimbursement to the consumer customer will be made within fourteen days of the exercise of this right. In order to correctly process the request, the consumer customer is asked to attach a copy of the invoice to any complaint. Reimbursement will be made by bank transfer. Return for non-compliance Complaints, requests for exchange or refund for a non-compliant product (under article 13 of these conditions general) must be made by post to the address mentioned or by email to the contact details mentioned at the beginning of the paragraph. The return shipping costs of the goods are the responsibility of the consumer customer. In the event of non-compliance of a delivered product, it may be returned and MADL-CREATIONS will exchange it. In case of impossibility of exchange of the product (obsolete product, out of stock, etc.) the consumer customer will be reimbursed by transfer of the amount of his order. With regard to the professional client No possibility of withdrawal is provided for the professional customer. The possible return of a product will only take place under the conditions provided for in article 14, section “with regard to the professional customer”.

10.Cancellation of an order Without prejudice to the right of withdrawal for the consumer customer, cancellation by any customer is possible only in the event where the delivery has not yet been dispatched. Customers will be able cancel the order by contacting MADL-CREATIONS via the email address: madlcreation@gmail.com Compensation of 10% of the order will be claimed as compensation for the cancellation, it being specified that MADL-CRÉATIONS will be liable for the same compensation and late payment interest in the event of cancellation faulty on its part. With regard to the consumer client The withdrawal period of 14 days has passed, the order is considered irrevocable and cannot be called into question except in the event of incorrect or defective product as stated above. For obvious reasons, it is quite obvious that the cancellationn of an order is not authorized for a downloadable product and/or online training once the purchase of one of these has been validated. With regard to the professional client When the delivery has been dispatched, there is no longer any possibility of cancellation.

11. Archiving The data transmitted to MADL-CRÉATIONS as part of the act of purchase is kept confidential only by the company MADL-CRÉATIONS.

 12. Liability

12.1. Access to the site MADL-CRÉATIONS, particularly in the online sales process, is bound only by an obligation of means. The user expressly admits using the site at his own risk and under his exclusive responsibility. The site provides the user with information for information only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. MADL-CRÉATIONS cannot be held liable for technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, updating, modification of the site, an intervention by the host, an internal or external strike, a network failure, a power cut, or even incorrect configuration or use of the user’s computer. In these cases, the user cannot claim damages and cannot claim any compensation. The hypertext links on this site may refer to other websites and MADL-CRÉATIONS cannot be held liable if the content of these sites contravenes the legislation in force. MADL-CRÉATIONS cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, disruption of the site service, or other involuntary problems.

12.2. Products The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for the customers and cannot in any way give rise to the granting of damages from MADL- CREATIONS. The photographs and visuals of the products presented on the site have no contractual nature, the responsibility of MADL-CRÉATIONS cannot therefore be engaged if the characteristics of the objects differ from the visuals present on the site or if the latter are erroneous or incomplete. The choice and purchase of a product or service are placed under the sole responsibility of the customers. The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of MADL-CRÉATIONS, except in the case of a proven hidden defect. , non-compliance, defect or exercise of the right of withdrawal if applicable, i.e. if the customer is not a professional and that the contract signed to acquire the good or service allows withdrawal (article 9 of these conditions general).

13. Force majeure The performance of MADL-CRÉATIONS’ obligations under these general conditions is suspended in the event of the occurrence of a fortuitous event. or force majeure which would prevent its execution. To the extent of its knowledge of the possible case of force majeure, MADL-CRÉATIONS will notify customers of the occurrence of such an event as soon as possible.

14. Inaccuracies It is possible that there are, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that is in disagreement with the general conditions, the legal notices or the charter of personal data. In addition, it is possible that unauthorized modifications may be made by third parties to the site or to related services (social networks, etc.). In such a situation, users/customers have the option of contacting MADL-CRÉATIONS by post or by email at the addresses indicated above, with, if possible, a description of the error and the location (URL), as well as sufficient information to contact him.

15. Intellectual property rights relating to the elements published on this site Trademarks, domain names, products, training, templates, software, images, videos, texts or more generally any information subject to copyright intellectual property are and remain the exclusive property of MADL-CRÉATIONS No transfer of intellectual property rights is made through these general conditions of sale. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited. Any copy of the logos, textual, pictographic or video content, without this list being exhaustive, is prohibited and is similar to counterfeiting. All customers who are guilty of counterfeiting would be likely to see their account deleted without notice or compensation and without this deletion being able to constitute any damage to them, without reserve of possible subsequent legal proceedings against them, at the initiative of MADL-CRÉATIONS or its agent. Any simple or hypertext link is strictly prohibited without the express prior written consent of MADL-CRÉATIONS.

 16. Personal data

16.1 Information collected MADL-CRÉATIONS collects information from customers when they register on the site, place an order, participate in a contest or a draw, respond to a survey or communication, for example by e-mail or participate in another feature of the site. When purchasing training or registering, MADL-CRÉATIONS asks customers for their name, e-mail address, postal address, number phone number, credit card or other information. However, the user may visit the MADL-CRÉATIONS site anonymously (showcase site section). Like many websites, MADL-CRÉATIONS uses “cookies” to improve the user/customer experience and to collect information about users/customers and visits to the site (see Article 18.3).

16.2. Use of Information MADL-CRÉATIONS may use the information it collects from customers when they register, purchase products, register for a contest or promotion, respond to a survey or marketing communication, browse the site or use certain other features of the site as follows: • To personalize the experience of the MADL-CRÉATIONS site and enable delivery of the type of content and product offerings in which customers are most interested; • To allow MADL-CREATIONS to better serve customers to respond to customer service requests; • To process customer transactions quickly; • To administer a contest, promotion, survey or other site feature; • If users/customers have opted to receive the MADL-CRÉATIONS newsletter/newsletter, the latter will send periodic e-mails to users/customers. If users/customers no longer wish to receive promotional emails, they are encouraged to follow the unsubscribe information at the bottom of each email sent. If users/customers have not opted in to receive newsletters/newsletters, they will not receive these emails.

16.3. Use of cookies A “Cookie” allows the identification of users/customers of the site, the personalization of their consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on their computer. The site is likely to use “Cookies” mainly for: – obtain browsing statistics in order to improve the user/customer experience, and; – allow access to a customer account and to content that is not accessible without a connection. Users/customers acknowledge being informed of this practice and authorize MADL-CRÉATIONS to use it. MADL-CRÉATIONS undertakes never to communicate the content of these “Cookies” to third parties, except in the event of a legal requisition. Users/customers can refuse the registration of “Cookies” or configure their browser to be warned before accepting “Cookies”. Disclosure of Collected Information to Third Parties MADL-CRÉATIONS does not sell, exchange or transfer the personal information of customers to third parties, except in the case of legal requisition. The term “third party” does not include MADL-CRÉATIONS website hosting partners, other parties who help operate the website, conduct business or service customers, provided that those parties agree to keep such information confidential.

16.4. Right of access and rectification of data Customers have the right to access personal data concerning them and to rectify any inaccurate personal data concerning them. To do this, customers can send a written request by post or by email to MADL-CRÉATIONS using the above-mentioned contact details. The information is communicated and/or modified without delay and at the latest within forty-five days of receipt of the request.

17. Framework of conditions If any provision of the Terms and Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.