Terms of service

General Sales and Use Conditions

1. Seller

Studio Matongé is a commercial brand owned by the SRL Nuwa. Nuwa SRL has its registered office at Chemin du Vossegat 8, 1180 Uccle, Belgium and is registered with the Crossroads Bank for Enterprises (BCE) under number 0556.688.740 VAT number: 0556.688.740

1. Application

Each order implies the acceptance by the Buyer of our general sales conditions, which are an integral part of the agreement, to the exclusion of any other general or specific conditions emanating from the Seller, unless otherwise stipulated in a written document.

1. Prices

All prices mentioned are expressed in euros and systematically include VAT and all other taxes or charges to be borne by the customer. Any administrative, delivery, or reservation fees may be billed separately. The price indication exclusively refers to the items as they are described word for word. The corresponding photos are included for illustrative purposes only and may include elements that are not included in the price. Discounts and promotions have no retroactive effect, are not exchangeable for cash, are not cumulative with other promotions, and do not apply to custom or half-custom orders.

1. Offers and Order Acceptance

The information related to products and prices, as well as detailed order information, is subject to modification and correction. Despite the fact that the online shop and e-commerce website are made with the utmost care, the information provided may be incomplete, contain material errors, or be out of date. Misunderstandings or obvious errors in the offer do not engage the responsibility of Studio Matongé. With regard to the accuracy and completeness of the information provided, Studio Matongé is only required to use reasonable efforts. Studio Matongé shall not be liable for any material, typographical, or printing errors. If the customer has specific questions regarding, for example, dimensions, color, availability, delivery time, or mode of delivery, we invite them to contact our customer service in advance. The offer is always valid while stocks last and may be adapted or removed by Studio Matongé at any time. Studio Matongé cannot be held responsible for the unavailability of a product. If an offer is subject to a limited validity period or is subject to conditions, this information is explicitly stated in the offer. All our offers are without obligation. We are only bound by an order after confirming it in writing or after its execution has begun.

1. Online Purchases

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 and Shopify Payments. 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.

1. Delivery and Contract Performance

The products ordered through this online store are only delivered in countries authorized by the website for delivery. The delivery of the products will be made within the time indicated in the individual order confirmation to the extent possible.

Any incorrect delivery address is the responsibility of the Buyer and may result in additional fees.

Unless otherwise specified, our prices do not include transport and delivery of the goods to the Buyer. The costs of transport and delivery will be mentioned separately.

The delivery times indicated are not binding but are given purely for information purposes. Subject to availability, we will endeavor to deliver the products via bpost as indicated on the order confirmation within 15 business days from the date of order confirmation, except in exceptional circumstances.

Possible reasons for delay:

• Custom-made items;
• Specific product;
• Unforeseen circumstances;
• Delivery region.

No delay in delivery may result in termination of the purchase or payment of damages to the benefit of the Buyer, except in the case of intentional delay.

We have the right to make partial deliveries.

In case of non-delivery of the goods, any sums paid by the Buyer will be refunded without interest or other form of compensation.

Any visible damage and/or qualitative defect of an article or any other delivery defect must be immediately reported by the customer to Studio Matongé.

1. Property Clause

The goods delivered remain our property until the price is fully and definitively paid, including fees, charges, interest on arrears, and indemnities. In case of non-payment, we reserve the right to take back the goods, by right and at the expense of the Buyer.

1. Claims

To be admissible, claims must reach us: (a) in case of a claim for non-compliant delivery, within eight (8) days after delivery and (b) in case of hidden defects, within eight (8) days after the discovery of the defect or after the moment when such a discovery could have logically occurred. The receipt of the goods by the Buyer covers any possible defect or non-conformity that could have been observed at that time.

1. Warranty

Our warranty is limited to the warranty for hidden defects and the consumer warranty provided for in the Civil Code. We are only responsible for damages that result from intentional or gross misconduct. We are not responsible for general or specific indirect damages of any kind suffered by the Buyer.

1. Droit de rétractation

In accordance with the remote sales to consumers governed by the Law of 6 April 2010, the consumer has the right to notify the seller that they renounce their purchase, without penalty and without giving any reason, within 14 calendar days from the day following the day of delivery. In order to comply with the withdrawal period, the customer must send their communication regarding the exercise of their right of withdrawal before the expiration of the withdrawal period. To exercise their right of withdrawal, the customer must inform Studio Matongé via the contact form provided for this purpose or at contact@studiomatongé.com, by an unequivocal statement (for example, a written statement by post or email) of their decision to cancel the contract. The customer making use of this right must return or hand over the goods to Studio Matongé - NUWA SRL, Chemin du Vossegat 8 - 1180 Uccle (Belgium), without delay, but in any case no later than 14 calendar days after the day on which they informed Studio Matongé of their decision to terminate the contract. The customer is on time if they return the goods before the expiration of the 14 calendar day period. The direct costs of returning the goods will be borne by the customer. The customer is requested to return the items in their original condition and packaging, accompanied by all accessories and instructions provided with them. When your package has been returned to us and we have verified it, the amount of the order for the returned products, excluding shipping costs, will be credited. Goods that have been made to measure and/or to the customer's specifications, or that are likely to perish quickly, will not be taken back and the buyer will therefore not be able to exercise their right of withdrawal. If the value of the returned product is diminished in any way, Studio Matongé reserves the right to hold the customer liable and to claim damages for any diminution in the value of the goods resulting from the use, by the customer, of the goods in a manner exceeding what is necessary to ascertain the nature, characteristics and functioning of the said goods. In the event of cancellation of the contract by the customer, Studio Matongé will refund to the customer all payments received from the customer up to that time, including fixed delivery costs, within a maximum period of fourteen calendar days after Studio Matongé became aware of the customer's decision to cancel the contract. In the case of sales contracts, Studio Matongé may wait, before proceeding with the refund, to have received all the goods back or to have received proof from the customer that they have returned the goods, depending on the first possibility. Any additional costs resulting from the customer's choice of a mode of delivery other than the cheapest standard delivery offered by Studio Matongé will not be refunded. Studio Matongé will refund the customer with the same means of payment that the customer used for the initial transaction, unless the customer has expressly consented to a different means; in any case, no fees will be charged to the customer for this refund.

1. Force majeure

We cannot be held responsible for any delay in the execution or non-performance of our obligations due to events beyond our normal control, including production interruptions, difficulties in supply or shortages of raw materials, labor, energy or transportation, or delays in transportation, strikes, lockouts, work stoppages or other collective labor disputes that affect us or our suppliers, even if these events were foreseeable.

1. Price and Payment

Invoices are payable at our registered office located at Chemin du Vossegat 8, 1180 Uccle, Belgium, on the due date, net and without deduction, unless otherwise stated on the invoice. Any claim relating to invoices must, in order to be admissible, be made in detail by registered letter within three (3) days following receipt of the invoice. In case of late payment, interest on the amount of the unpaid invoice equal to 1% per month from the date of the invoice will be due automatically and without any prior notice being required. In case of default of payment for which a normal letter of formal notice has remained unanswered for 14 days, fixed compensation will be due in addition to the amount of 10% of the unpaid sum. For any non-payment in full or in part of an invoice on its due date or any other breach by the Buyer of its obligations under the contract, we reserve the right to suspend all contracts entered into with the Buyer or to terminate them with immediate effect, without the need for judicial intervention, and to demand immediate payment of all claims, including those not yet due, or to deliver only upon cash payment, notwithstanding any prior agreements and without prejudice to any other rights we may assert. The failure to immediately respond to a breach by the Buyer cannot in any way be considered a waiver on our part to bring an action against such breach thereafter.

 

1. Personal Data

By ordering on the Studio Matongé website, the Buyer expressly accepts the processing and use of their personal data for purposes such as the administration of the customer register, the management of orders, deliveries and invoices, monitoring of their solvency, marketing, and advertising. The processing for marketing and personalized advertising purposes will only occur on the condition that the customer has expressly agreed during the order process. The company SRL NUWA may not transmit the data to third parties. The Buyer has the right to access and modify their data in their entirety. The Buyer has at any time the right to object free of charge to the processing of their data for direct marketing purposes. For more information, the Buyer is invited to contact the public register kept by the Commission for the Protection of Privacy in Brussels.

1. Proof

All Parties agree in the context of their relationship to the principle of electronic proof (e.g., email, backups...).

1. Severability

If any provision of these conditions is declared void, such invalidity shall not affect the validity of the other provisions.

1. Applicable Law

All agreements concluded with the Seller are governed by Belgian law. The Belgian courts have sole jurisdiction.