Article 1: Preamble
The present general conditions of sale are applicable to all the contracts concluded between, on the one hand, the company Mexican Global Distribution whose head office is Nijverheidsstraat 142, 9420, Erpe-Mere, registered with the Carrefour Bank of the Enterprises in Belgium with the number BE0686.766.037, hereinafter referred to as "the seller" and, on the other hand, any consumer wishing to make a purchase via the website "MexGlo Store" ( https://www.mexglo.store ), named hereinafter "the buyer".
Article 2: Purpose
These conditions of sale are intended to define the contractual relationship between the seller and the buyer as well as the conditions applicable to any purchase made through the website "MexGlo Store" ( https://www.mexglo.store ).
The acquisition of a good through the present site implies an acceptance without reserve by the buyer of the present general conditions of sale. These will prevail over any other particular conditions not expressly approved by the seller.
The seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
Article 3: Characteristics of the proposed products
The products offered are those listed in the catalog published on the website "MexGlo Store" ( https://www.mexglo.store ). Each product is accompanied by a description prepared by the seller. The photographs in the catalog are provided for information purposes only and are not contractual in nature.
The indication of an available quantity reflects the inventory status during the last update of the seller's website. The inventory status as it appears at the time of consultation of the seller's website by the buyer does not present any contractual value.
Article 4: Price
The total amount of the buyer's order as displayed on the website "MexGlo Store" ( https://www.mexglo.store ) before final validation of it is indicated in euros all taxes (VAT and other taxes and applicable fees) and other charges, including transportation.
The seller reserves the right to change prices at any time. However, the prices applicable to the order are those in effect at the time of confirmation thereof. The seller also reserves the right to reflect on its prices the rate changes of the VAT which would occur before or on the delivery date.
Article 5: Orders
The buyer who wants to buy a product or a service must:
- Being older than 18;
- complete the identification form or give his client number if he has one;
- complete the online order form giving all the references of the chosen products;
- validate your order after having checked it;
- acknowledge having read the present general conditions and have accepted them;
- make the payment in the prescribed conditions;
- confirm your order and payment.
The sale is deemed perfect when the seller confirms acceptance of the buyer's order. The confirmation is sent by email to the address provided by the buyer at the time of order online. In all cases, the confirmation of acceptance of the buyer's order by the seller will contain the total price of the order and the details of the elements comprising it (unit price excluding VAT, discounts, rebates, tax base VAT, VAT rate applied to each tax base, miscellaneous charges, ...); a detailed description of the order placed by the buyer; the legal name, the full address of the registered office and the VAT number of the seller; the name and full address of the legal domicile of the buyer; the approximate date or delivery time.
The online sale of the products presented on the website "MexGlo Store" ( https://www.mexglo.store ) is reserved for buyers residing on the territory of the Member States of the European Union such as Belgium, Luxembourg, Holland, Germany and France.
Changes made by the customer to the order form will only be valid if we have accepted and confirmed them in writing.
In case off unilateral cancellation of an order by the other party before the preparing the order, we reserve the right to demand compensation equal to 30% of the total amount of the order.
No shipment of goods will be made without confirmation of the order by the seller and payment of the total price of the order.
Article 6: The Right of Withdrawal
In accordance with the law, the consumer has the right to notify the seller that he/she renounces his purchase, without penalty and without giving any reason, within 14 calendar days from the day after the day of delivery of the product (Article VI.47 of the Code of Economic Law).
Within this period, the consumer must notify his intention to cancel by using the model withdrawal form available online on the website "MexGlo Store" ( https://www.mexglo.store ) or by email to the seller's contact address (info@mexglo.com) a statement without any ambiguity stating its decision to withdraw from the contract, and return, within 14 calendar days from the communication to the seller of his decision of retraction, at its expense and risk, the product delivered to the administrative headquarters of the seller (See Article 1).
Products must be returned in their original packaging, undamaged, accompanied by all their accessories and the original delivery note. Products returned must not have been unpacked, unsealed or used in any way. Goods that are incomplete, damaged or soiled by the customer will not be taken back.
Within 14 calendar days, after acceptance of the resumption of the goods, the seller agrees to refund the buyer, with the exception of shipping costs.
Article 7: Payment and payment methods
The payment is made by credit card (Mastercard, Visa and American Express), Bancontact (Belgium's payment method), GiroPay (enables customers in Germany to pay directly via online payouts from their bank account) and iDEAL (enables customers in Germany to pay directly from their bank account) through the platform of secure payments Stripe.
Any dispute relating to an invoice must be received in writing, within fifteen clear days of sending.
Article 8: Deliveries
Delivery, which is our responsibility, is made by the means of our choice, unless otherwise agreed in writing. Deliveries are made to the address indicated on the order form.
In case of absence during delivery to the address given by the buyer, the goods may not be delivered and a notice of passage left by the postal services.
Failing or if the buyer fails or refuses to take delivery of the goods ordered, the seller reserves the right to require performance of the contract or to consider, after formal notice, that it is terminated by operation of law to the wrongs of the buyer. In the latter case, the seller will retain an amount equivalent to 30% of the selling price as compensation.
The goods are transported at the risk of the seller until the delivery of the goods to the delivery address specified by the buyer or deposit at the place of withdrawal communicated to the buyer by the postal services. From this moment, the buyer assumes the risks alone.
In the event that the delivered goods are damaged, the buyer is obliged to refuse the goods or to accept them only by issuing a written reservation on the carrier's delivery note, to be completed by the buyer and the carrier.
Any claim relating to the delivered goods must be received by the seller within 5 clear days following the date of receipt. The complaint must be sent exclusively by registered letter to the registered office: [See Article 1] and be accompanied by a copy of the purchase document and the delivery note completed with the written reservation as above mentioned. After this period, no later claim for apparent defects will be taken into consideration.
Delivery times given by the seller are strictly indicative unless otherwise agreed in writing.
In all cases, the following circumstances release the seller from his obligation as regards time:
1 - Cases of force majeure (including, in particular, strikes, technical incidents, supplier delay, out of stock known to the consumer at the time of placing an order, shortage of manpower independent of the will of the seller);
2 - If the payment terms are not respected;
3 - If changes are decided by the customer after the order;
4 - If the customer does not provide us with the desired information within the specified time period.
Deliveries are made by ordinary postal mail (see Delivery Policy).
Article 9: Guarantee
The buyer who finds the non-conformity of a product sold within five days of the delivery of the goods must notify the seller as soon as possible by sending an email to the address: info@mexglo.com. This warranty covers only the defects of conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as water damage, falling, negligence and not apply the correct handling of the product, are not covered by the warranty.
The delivery note acts as a guarantee and must be kept by the buyer and produced in original.
Article 10: Responsibilities
The seller, being the owner or host of the online sales site, can be held liable for damage resulting from the use of the Internet such as data loss, intrusion, viruses, service breakdown, other problems involuntary.
In any case, the seller is not responsible for the non-performance or improper performance of the contract attributable to the buyer, arising from an insurmountable and unpredictable event of a third party to the contract or in case of force majeure.
The buyer is responsible for the choice and use of the product delivered by the seller. He certifies to be 18 years old when ordering. The seller declines any responsibility in case of inaccurate information communicated to him by the buyer.
Article 11: Periodic newsletter
By filling in the fields for the receipt of the periodic newsletter, the "newsletter", the buyer undertakes to receive information from the seller at the e-mail address provided at regular intervals. At any time, an unsubscription of the periodic newsletter is possible by clicking on the "unsubscribe" button appearing at the bottom of each letter.
Article 12: Personal Data
All personal data necessary for the processing of an order are kept by the seller or his collaborators and can be transmitted to the companies with which the seller - or his suppliers - collaborate, when such communication is necessary for the processing of the order.
The user also authorizes the seller to use this data to establish statistics to improve the goods and services it offers.
This information may also be used to allow the dissemination, by any means of communication, of information relating to the commercial activities of the seller to his customers.
The seller finally keeps personal data to facilitate subsequent orders.
Without prejudice to the foregoing, the seller agrees not to disclose personal information to another company or business.
The data kept by the seller can be requested at any time and corrected on request. MexGlo's customers have the right to request to erasure their personal data. Such request must be sent by e-mail to the following address privacy@mexglo.com
Article 13: Proof
The parties accept, within the framework of their relations, the electronic means of proof (for example: the electronic mail, the automated computerized recording of the correspondence, etc.).
Article 14: Dispute Resolution
Except in the case of payment claims, the parties undertake to attempt to resolve by mediation or judicial conciliation any dispute relating to the validity, interpretation or performance of the contract.
It will begin at the latest 15 clear days after the request for mediation or judicial conciliation notified by a party to the other party. The duration of the mediation can not exceed 30 calendar days, except with the express agreement of the parties.
In the perspective of amicable settlement of any dispute arising from a contract for the sale of goods or services online, the consumer who wishes can also contact our services directly to the email address: info@mexglo.com or call the online dispute resolution platform set up by the European Commission and available at the following navigation address: ( https://webgate.ec.europa.eu/odr ).
The seller also certifies that he is not affiliated with an out-of-court settlement of disputes.
In case of lawsuit in payment or failure of the procedure of extra-judicial settlement, of judicial mediation or judicial conciliation, are only competent the courts on which depends the head office of the salesman, except imperative legal prescription in opposite sense.
The present conditions of sale on line and the contract of sale are subjected to the Belgian law.
Article 15: Severability Clause
If one or more articles of these general conditions of sale must be invalidated for any cause, this circumstance would have the effect of making this contract null and void as a whole, or to prevent execution of the other provisions.
In the event that the impugned provision affects the very nature of these terms and conditions, each of the parties will endeavor to negotiate immediately and in good faith a valid provision of equivalent economic effect or, at the very least, as close as possible to the effect of the provision canceled.