Terms and Condition of Sales

1. General

These general terms and conditions of sale govern the relationship between PIERRE MARCOLINI GROUP SA, whose registered office is located in 1130 Brussels, Spaarbekkenstraat 4, with company number 0461.740.982, acting through the Pierre Marcolini Webshop via the website https://eu.marcolini.com, hereinafter referred to as the "Vendor", on the one hand, and the natural or legal person who places a remote order (by means of an online order, via the website https://eu.marcolini.com), on his own behalf or on behalf of third parties, for both professional and private purposes, on the other hand - hereinafter referred to as the "Customer". Depending on the Customer's specific situation (whether or not he is a consumer), certain clauses of these General Terms and Conditions may not apply to him.

The Customer declares that he/she has full legal capacity.

2. Object

1. Products are described on the https://eu.marcolini.com and Webshop website in good faith and as accurately as possible.
2. The Customer can obtain more information about the products offered by sending a simple request to the e-mail address customercare@pierremarcolini.com or by calling 00 32 (0) 2 247 99 51 from Monday to Friday between 9 a.m. and 5 p.m., excluding holidays.
3. The presentation of the products is therefore not binding on the Seller and does not constitute an offer within the meaning of civil law.
4. Photographs, diagrams, drawings or video films illustrating the products are not contractually binding. In case of errors, the seller cannot be held liable under any circumstances.

3. Ordering

Since the products offered in Pierre Marcolini's Webshop are foodstuffs and can spoil or age quickly, the consumer does not have a right of withdrawal.

The products offered in the Pierre Marcolini Webshop are those shown in the Webshop on the day of consultation by the Customer and subject to availability.

The Customer can find out about the various products offered by the Vendor on the website https://eu.marcolini.com and Webshop. The Client can freely browse the various pages of the Webshop, without being bound by an order.
 
The products are presented through an information sheet (product name, composition, photo and price) prepared with maximum accuracy and precision in order to provide the most accurate and complete description possible. However, given the digital presentation of the products on the Internet, the customer's perception of the photographic representation of the products may not correspond exactly to the product itself. The Pierre Marcolini Group cannot be held responsible for the perception of the product presented online. 
 
The Customer then selects the desired products and quantity. The products are automatically added to the Customer's shopping cart.

 When placing an order for a product on the Webshop, the Customer can register a customer account by clicking on "I would like to create my customer account in one click so that I can track my order". To do so, the Customer must fill out a form. In addition, the Client must provide his email address and a self-selected password, which are personal and confidential and which he needs to identify himself later on the Webshop. The Customer accepts that entering these two identification details proves his/her identity and expresses his/her agreement with these General Terms and Conditions of Sale.
 
At any time, customers can get an overview of the products they have selected by clicking on "View Basket", correct any errors in entering the order information, complete their product selection and order the products by clicking on "Order".

The Customer may choose the payment method he wishes in accordance with the terms and conditions in Article 6.

Once he clicks on "Buy", the Customer definitively confirms his order: the order is registered and the sale is definitively closed. The Customer can no longer correct any errors in entering the order data.
 
The contract is deemed concluded at the time of e-mail confirmation and implies the unconditional acceptance of these general terms and conditions. The order confirmation contains the details of the order:

• Summary of item(s).
• Total order amount.
• Total amount of delivery charges and fees.
• Customer details.
• Place and date of order shipment (for information only),
• Information on payment methods.
• Customer service contact information for Pierre Marcolini E-Boutique.

 
The order form is recorded in the computer records of the Seller, which in turn are kept on a reliable and durable medium, and serves as proof of the contractual relations between the parties. It also serves as proof of the availability and price of the items.
The automatic registration systems are considered as proof of the nature, content and date of the order. The sale is concluded only after the confirmation of the order has been sent to the Customer by e-mail.
The Vendor shall only be bound by the Customer's order from the date of dispatch of this written confirmation of acceptance to process the order. The Vendor reserves the right to attach other conditions to the order, to suspend or refuse the order, in particular if the order proves to be incomplete, if the data communicated are clearly erroneous, in case of non-payment of previous orders, or for any other reason at the discretion of the Vendor.
The information provided by the Customer when placing an order is binding: in the event of an error in the Customer's contact information, the Seller cannot be held liable for the inability to deliver.
Orders are not final until confirmed by payment of the order by the Customer.

4. Prices

The prices of the various products are indicated in euros (€) and pounds sterling (£), including all taxes. Prices are assumed to be net of shipping costs. The Seller reserves the right to change prices at any time. However, Products will be invoiced in euros or pounds sterling based on the rates in effect at the time the order is registered, subject to availability. Placing an order implies acceptance of the price of the chosen product.

Any delivery charges will be listed separately when you place your order and must also be paid at the time of ordering.

In the order confirmation, the total amount is the final price, including all taxes and surcharges.

5. Customs duties

Any order placed on the Webshop and delivered outside Belgium may be subject to any taxes and customs duties imposed when the package arrives at its destination.

All customs duties and taxes related to the delivery of an item are the sole responsibility of the Customer. The Seller is not obliged to verify and communicate to the Customer the applicable customs duties and taxes. To know them, the Seller recommends the Customer to contact the competent authorities of its country.

6. Payment methods

Pierre Marcolini's Webshop is governed by Belgian law and all items offered on the Webshop are shipped from Belgium. Invoices are issued in euro or pounds sterling and are subject to Belgian value added tax (VAT) of 6% and transport costs of 21%.

All orders shipped to a European Union country other than Belgium are subject to VAT in the country of shipment, in accordance with the thresholds allowed by the European Union.
The Seller accepts the following payment methods: VISA, MASTERCARD, AMERICAN EXPRESS, BANCONTACT, PAYPAL, IDEAL, GIROPAY, APPLE PAY. The Customer will receive a confirmation of receipt of payment by email.

Regardless of the payment method chosen, the order will not be taken into account until it has been validated. As long as an order has not been validated, it remains registered but is not taken into account. The order is validated once the debit authorization is sent by the payment verification and validation organization. At that time, the Vendor sends a confirmation email and the amount is debited from the Customer.

The Vendor reserves the right to suspend the processing of all orders in case of refusal of payment by bank card by the approved organizations or in case of non-payment. In this case, the Seller may consider the sale null and void.

The Vendor guarantees the full confidentiality of bank data, secured by the SSL protocol, which automatically checks the validity of access rights during payment by bank card and encrypts all exchanges to ensure confidentiality.

7. Proof of the transaction

Generally, the parties accept electronic means of evidence in the context of their relationships (e-mail, etc.).
The parties agree that the data recorded by the Vendor constitutes proof of all transactions carried out by the Client on the Webshop. The data recorded by the payment system shall constitute proof of the financial transactions.

Order forms and invoices are archived on a reliable and durable medium and produced as evidence.

8. Conditions of performance

Orders are processed from Monday to Friday, excluding holidays. Packages are shipped from Belgium within 1 to 15 business days after payment of the order, except in cases of force majeure.
 The Vendor disclaims any liability for late delivery or non-delivery in case of force majeure or an event beyond its control, which would make the performance of the contract wholly or partially impossible or onerous, or in case of actions of third parties, such as suppliers of the parties, subcontractors, agents and representatives, or in case of non-performance of the commitments by the Customer.
 
War, riots, fire, strikes, accidents, traffic congestion and inability to obtain supplies are considered cases of force majeure that relieve the Seller of its obligation to deliver. The Seller shall notify the Buyer in a timely manner of the aforementioned cases or events.

 In any case, products can only be delivered on time if the customer fulfills its obligations to the seller. Moreover, delivery deadlines are stated in good faith in the order or its summary and are only indicative. The deadlines are therefore not in themselves an essential condition of the contract and the Seller will not be liable to pay any damages or interest in the event of delay in the performance of its obligations.
 
The Customer may also change the set date, in accordance with the terms in the confirmation email, by contacting customer service at customercare@pierremarcolini.com no later than 2 business days before the first indicated delivery date, subject to payment of all fees and changes to the charges associated with this date change. The delivery date cannot be changed if the order has already left our warehouses. If the delivery date is changed through the tracking link of our carriers, the Seller cannot be held responsible in case of incorrect delivery.

The Seller reserves the right to entrust certain services to third parties, appointees or agents acting under its responsibility, within the limits permitted by legal provisions and rules regarding approval and accreditation.

Products purchased via the Webshop https://eu.marcolini.com are delivered to the delivery address provided by the Customer. The Vendor cannot be held liable for the consequences of any errors made by the Customer when placing an order.
 
Once the order is shipped, the Customer will receive a track & trace link from the carrier to track the progress of the order. The Customer, as the buyer, is responsible for tracking his/her order and not the Seller.
 
The Seller is not responsible for failed deliveries if: (i) the Customer has registered an incorrect, incomplete or outdated delivery address; (ii) the Customer is not present to receive the package; (iii) the Customer is not present to receive the package during the carrier's various delivery attempts.
 
If the package is not received by the Customer at the end of the delivery attempts, the package will be automatically returned to the Seller, where the products will be immediately destroyed. No exchange or refund is applicable in the above cases.
 
The Seller cannot be held liable for non-performance of the contract in case of force majeure, breakdowns, partial or total strikes, especially of transport means and transport services.
 
A detailed delivery note corresponding to the order and prepared in the Customer's name shall be attached to the order.

The Customer has 48 hours from the delivery of the order to file a complaint regarding the purchased products. In this case, we ask you to send an e-mail to customer service at customercare@pierremarcolini.com with photos of the product and packaging. Return of products will only be accepted for quality reasons.
 
The Seller may only deliver to countries where Webshop allows delivery. We do not deliver to the overseas territories of France, the Balearic or Canary Islands of Spain and the Isles of Man and Channel Islands of England.

9. No right of withdrawal

The right of withdrawal is excluded for distance contracts concluded via Webshop https://eu.marcolini.com, pursuant to Article VI.53 of the Act of December 21, 2013 and Article 47 § 4 6° of the Act of April 6, 2010 on market practices and consumer protection.

10. Availability

Offers are subject to product availability. In case of unavailability after placing the order, the Vendor undertakes to inform the Customer as soon as possible by telephone or e-mail. The Customer may then ask to cancel the order. If applicable, the Customer will be refunded within thirty days of the cancellation by crediting his bank account.

11. Intellectual property

All texts, comments, illustrations and images displayed on our Webshop are reserved as copyright and intellectual property. Any total or partial reproduction without the seller's consent is strictly prohibited. The order does not imply any transfer or concession of intellectual rights unless expressly stated.

12. Responsibilities

The products offered comply with current Belgian and European legislation. The Vendor cannot be held liable insofar as it has performed its services in accordance with the provisions of these regulations.
The Seller may be held liable to the Customer only for fraud or gross negligence on its part or on the part of its employees or agents.

Seller shall not be liable for indirect damages, loss of business, loss of profits, loss of opportunity, loss of production, loss of sales, loss of customers, loss of reputation, damages or expenses, this enumeration not being exhaustive.

Any complaint must be sent without delay in writing by e-mail to customercare@pierremarcolini.com or by registered mail to the Seller, whose address is given in article 1 of these general conditions. If, within thirty days of receipt of the complaint, it appears that the Seller has not fulfilled its obligations, the Seller will proceed, at its own expense, with a new delivery of the products that are the subject of the complaint. As previously cited, a customer about a delivered product must be sent to customercare@pierremarcolini.com within 48 hours of delivery.

13. Transfer of property

The Webshop Pierre Marcolini retains full ownership of the products sold until full payment of all amounts due by the Customer in connection with his order. No account is taken of the transfer of ownership of goods purchased by the Customer from a third party. Only the original Customer of this good can claim the provisions of these general conditions of sale.

14. Protection of privacy

The personal data collected in the context of distance selling is mandatory, as it is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. If you do not provide this information, the order will be automatically refused.
The Seller undertakes not to transmit the information communicated by its Customers to third parties. This information will only be used for internal management, i.e. for order management, billing, service, solvency, marketing or personalized advertising, without this list being exhaustive.
However, this information may be passed on to organizations contractually associated with the Vendor for their own commercial prospecting.

However, visitors have the right, upon request and free of charge, to object to the processing of their data for personalized marketing purposes.

The Vendor undertakes to comply with privacy protection principles regarding the processing of personal data in accordance with applicable legal provisions on data protection and privacy, including the General Data Protection Regulation (EU) 2016/679 "RGPD". In this regard, customers who have placed an order on the Seller's Webshop may request to access, correct or delete the personal data that the Seller has registered about them at any time by sending an email to customercare@pierremarcolini.com or a letter to the address listed in Article 1 of these general terms and conditions.

Find out more about our confidentiality policy.

 

15. Enforceability of the general terms and conditions

All orders by the Customer and all deliveries by the Seller imply the full and unconditional acceptance by the Customer of these general terms and conditions of sale, to the exclusion of all other documents, such as the Customer's own general terms and conditions, or any prospectus, catalog, etc., which are for information purposes only.

The parties expressly agree that these general terms and conditions apply to their business relations, unless expressly agreed otherwise in writing. The express waiver of one of the general or special conditions does not imply a waiver of the application of the other general or special clauses.

The cancellation or inapplicability of any of the clauses of the general or special conditions shall not affect in any way all other provisions of the general or special conditions, which shall remain valid and applicable.
The fact that the Customer has not received these general terms and conditions in his/her native language in no way exempts him/her from their application.
Any order of a product offered on the Webshop implies the consultation and express acceptance of these general terms and conditions of sale, without this acceptance being dependent on a handwritten signature by the Customer.

The validation of the order form by the Seller shall constitute an electronic signature which shall have the same value between the parties as a handwritten signature and shall be proof of the completeness of the order and of the payability of the amounts due in execution of this order.

The Vendor reserves the right to modify its terms and conditions without personally notifying the Customer and without entitling the Customer to any compensation whatsoever. It is therefore the Customer's responsibility to regularly check whether any changes have been made. It is specified that the Customer may save or print these general terms and conditions of sale, provided they are not modified. 

16. Applicable law and disputes

This contract is governed by Belgian law.

Any complaint must first be registered by our customer service department at customercare@pierremarcolini.com.  The Customer will first contact the Vendor to obtain an amicable solution.

If the dispute persists, it will be settled under Belgian law, by the courts of the Brussels district, which in principle have sole jurisdiction, unless a mandatory legal provision provides otherwise.