Article 1. – Scope
The present terms and conditions (the ‘GTU’) govern the relationship between you and MOSAERT in relation to the access, the use, the consultation and any other operation on or with the websites https://mosaert.com and https://store.mosaert.com (hereunder ‘the Website’), as well as to all documents, information, services and models accessible on the Website, without prejudice of the applicable legislation.
By connecting to the Website, including any sub-sites using its interface and its functions, you expressly acknowledge that you have read and perfectly understood the presents GTU. By accessing and surfing on this Website, you accept in full the terms of these GTU and commit to respect them. If you do not want to comply without limitation with these GTU, you are requested to disconnect from the Website.
MOSAERT LABEL (hereunder ‘MOSAERT’) is free to carry out any modification, alteration or addition to the GTU, at any given moment, and such changes shall apply with immediate effect. You must ensure that you are familiar with the most recent version of the GTU.
The GTU constitute and express the complete agreement between you and MOSAERT regarding your use of the Website. Any other agreement, verbal or written, existing previously between the various parties is superseded by the GTU.
Article 2. – General conditions
This Website, its contents and its addresses are published and made available online by: MOSAERT LABEL SRL, with offices located avenue Louise 137 bte3 at 1050 Brussels, Belgium, registered under Belgian company number 0700.612.291.
The Website is hosted on Infomaniak (https://www.infomaniak.com) whose servers are located in Switzerland.
The Website is accessible without any form of guarantee. You use the Website and any related sites at your own and sole risk.
Every care is taken in the building of the Website. However, MOSAERT cannot guarantee, amongst others:
- the absence of errors in the functionalities offered on the Website;
- the absence of any interruptions in the operation of the Website;
- the immediate correction of any faults;
- the absence of viruses or any other harmful elements;
- the absence of errors in information provided on the Website.
MOSAERT assumes no liability in the case of damages caused by events including, among others, an interruption, a fault or a delay in operations or transmission, a computer virus, or any similar technical problem, a network fault or for any other reason whilst using the Website or its contents.
MOSAERT manages the contents of the Website freely and independently. In particular, MOSAERT may henceforth, without prior notice:
- suspend or cancel access to all or part of the Website;
- modify information and products available on the Website;
- modify the presentation of the Website, as well as its structure and section headings.
Article 3. – Intellectual property
The Website, its contents and all other material and components of the Website such as texts, songs, graphics, interfaces, photographs, logotypes, patterns, fonts, drawings, interviews, databases, brand names, domain names, music, source code, sound and visual excerpts, including the design, structure, expression and general impression of the Website (hereafter referred to as ‘the Content’), are and remain the exclusive property of MOSAERT and are controlled by MOSAERT or by the relevant eligible parties. This Content is protected by the Book XI of the Belgian Economy Code (in particular Titles 4, 5, 6 and 7) and by the European directives and international treaties in force.
The Content may not be used in any other ways than those specifically authorised or required by navigation on the Website.
In particular, it is strictly forbidden, without advance written authorisation from MOSAERT, to reproduce, to download (even if this is technically possible), to modify, to adapt, to use, to translate, to broadcast, to communicate to the general public, to decompile, to disassemble, to market or to make available all or part of the Content of the Website, for whatever purpose and by whatever means, permanently or temporarily, including for non-profit-making purposes.
Unless expressly authorized by MOSAERT on the Website (by links or icons), you may not download, copy, reproduce, communicate or circulate, in any way whatsoever, information accessible on this Website onto a social network (such as Facebook, Twitter, etc.), onto a blog, forum or platform, onto any other Internet website or medium accessible to the general public, regardless of whether or not it be for commercial purposes.
All unauthorised use of the Content constitutes amongst others a copyright infringement and may give rise to civil or criminal legal proceedings and to the payment of damages.
Article 4. – Respect of the Website and of the Internet network
You agree to refrain from committing or neglecting to carry out acts which aim to, or which would, either directly or indirectly:
- disrupt or interrupt networks connected to the Website or third party servers;
- not conform to all Internet network regulations and procedures;
- hamper use of the Website;
- copy, alter, modify or interfere with the Website, its use or its content;
- use the Website for illegal purposes, forbidden under the GTU or which infringe the rights of MOSAERT, neither shall you encourage such acts.
You undertake not to use ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or any other means, program, method or algorithm which could interfere with the proper functioning of the Website, nor to copy, access or obtain in any way any information, document or material which has not intentionally been made accessible via the Website.
You shall not interfere with the use of the Website by third parties, for example by trying to obtain access to personal details or passwords or to trace information concerning third parties who have accessed the Website.
You shall not test the capacity or the vulnerability of the Website and shall refrain from any act which may or is likely to damage its security or integrity. You also undertake not to act in any way, which may overload the Website’s bandwidth usage.
Article 5. – Ordering items online
a. General points
You may order items via the Website’s Shop.
MOSAERT reserves all intellectual rights over the items available for order. You may not claim any transfer of rights whatsoever over the items in question, without the prior and express written consent of MOSAERT. Furthermore, you may not claim the right to modify items (or have them modified), distribute them to the general public, put them on sale, reproduce them, transfer rights over them to third parties, or infringe the moral rights of eligible parties. This list is not exhaustive.
Items ordered are reserved exclusively for the private use of the buyer and within his family.
You declare to be over the age of majority and to have the legal capacity (or to hold the authorisation of a legal representative) to place an order on the Website and to accept the present GTU.
MOSAERT may not under any circumstances be held responsible for a lack of available stock.
Certain products may be available exclusively online through the Website, at MOSAERT’s sole discretion. These products may have been produced in limited quantities and are subject to return or exchange only according to the return policy below. MOSAERT undertakes to honour orders only within the limit of available product stocks.
MOSAERT made every effort to display as accurately as possible the images and the items on the Website. MOSAERT cannot guarantee the quality of the display of any colour and images in general on your computer.
MOSAERT reserves the right to limit the sales of the products to any person or geographic region. MOSAERT may exercise this right on a case-by-case basis. MOSAERT reserves the right to limit the quantities of any products offered or to limit the quantity of products that can be ordered by one person, per household or per order. These restrictions may include orders placed under the same customer account, the same credit card, or the same billing or shipping address. MOSAERT may also refuse orders that appears, in MOSAERT’s sole judgment, to be placed by dealers, resellers or distributors and may carry out, if needed all useful verifications.
All descriptions of products or product pricing are subject to change at anytime without prior notice, at MOSAERT’s sole discretion. MOSAERT reserves the right to discontinue any product at any time. MOSAERT does not warrant that you will be satisfied of the quality of any products, information, or other material purchased or obtained on the Website.
Prices are shown in euros and include VAT at the rate applicable, if any, but not the shipping costs. The valid price is the one shown on the Website on the date of registration of the order. MOSAERT reserves the right to raise or lower its advertised prices according to its own criteria and to modify prices in other countries in accordance with fluctuations in delivery charges. In any case, the price tax excluded shall not vary between the date of order and delivery of the product.
The price does not include custom and/or import taxes that could be due if you place an order from outside the European Union. You will bear these taxes that shall be paid directly to the relevant authorities. You have to make enquiries about taxes that could be applicable, if any. MOSAERT cannot give you any information on this subject.
You will also have to take care of the currency exchange fees and bank fees, if any.
d. Placing an order
The order is made online on the Website.
If you want to place an order, you need to give your first-name, last-name, email address and physical delivery address and, if it is different, your billing address, as well a your phone number. If you place an order as a company, you will have to provide the VAT number and the identification information of the company. You can place an order either directly or through a member account that you can create during your order on the Website (hereafter “Member Account”) and which will allow you to save your data for your next purchases.
By placing an order via the Website, you confirm your acceptance of the price shown for the item ordered and of the shipping costs, which are calculated on the basis of the delivery address and of the weight of the parcel ordered. The contract is concluded once you have confirmed on the Website the summary of your order.
You acknowledge that every order implies an obligation to pay.
You are informed of the confirmation of this order by an email sent by MOSAERT to the email address that you have given. This email sums up the terms of the order and specifies:
- MOSAERT contact details;
- the main characteristics of the item ordered: model, quantity, size;
- the total price of the product (including VAT and other similar taxes), and the shipping costs (customs duty not included);
- the shipping and billing address(es);
- the terms and conditions as well as the cooling-off period of the right of withdrawal, and the sample withdrawal form (through a link to the GTU).
This email confirmation complies with the terms of Article VI.45 of Belgian Economic Law Code.
MOSAERT will proceed to deliver the item(s) ordered as soon as payment has been received in full.
MOSAERT reserves the right to cancel or to refuse your order in the event of insolvency or in the case of non-payment in respect of a previous order or if it appears that you are not acting in accordance with the present GTU or legislation in force.
e. Billing and account information
You agree to provide correct, current, complete and accurate billing and payment information for all purchases made on the Website. You shall promptly update your information, if need be, including email address and credit card numbers and expiration dates, so that MOSAERT can complete the transactions and contact you, as needed.
You are sole responsible of the consequences in case of incorrect billing and payment information.
f. Payment methods
Payment in respect of orders is made online via the Website using one of the following payment methods:
- PayPal, either through your account or by credit card if you do not have a PayPal account;
- Credit card (Visa, Mastercard) stating the holder of the card, the type of card, the card number, its expiry date and security code, if any. MOSAERT uses the transaction server Stripe so that your bank details are encrypted and then transmitted securely to the financial organisations concerned.
- Bancontact, either with the Bancontact app (with the use of a QR code), or with the card number, its expiry date and security code, if any. MOSAERT uses the transaction server Stripe so that your bank details are encrypted and then transmitted securely to the financial organisations concerned.
You acknowledge that communicating information regarding your bank card entails the authorisation to debit your account in favour of MOSAERT with the amount owed, inclusive of all taxes.
The security of the electronic transfer of funds and, in general, the correct execution of payment instructions falls entirely within the responsibility of the financial organisations which manage these transfers.
Transactions carried out with Stripe are governed by the general conditions of Stripe which can be consulted on their website www.stripe.com.
Transactions carried out with Paypal are governed by the general conditions of Paypal which can be consulted on their website www.paypal.com.
Products will not be delivered until payment has been received in full by MOSAERT. Orders are delivered to the delivery postal address you provided as shipping address upon validation of the order. Your liability shall be engaged in the case the information communicated would be wrong or incomplete and would not allow the delivery of the ordered products.
Delivery charges are shown in the summary of the order and vary according to the country, the weight of the item and any logistics costs.
In theory, items are delivered within thirty days of receipt of payment by MOSAERT, but the delivery time can be longer in case of shipping outside the European Union. This timeframe is provided for information only and cannot be considered binding. MOSAERT cannot be held responsible for delays in the delivery that are due to external reasons beyond its control.
Delivery is made at your own risk and by regular postal services, unless you have expressly chosen another shipping service, with the approval of MOSAERT.
You can be informed of the delivery process by a tracking link received by email as soon as the items are shipped, if applicable.
Items are delivered with a receipt invoice.
h. Return Policy and right of withdrawal
The withdrawal right is strictly reserved to “consumers” pursuant to article I.1.2° of the Belgian Economic Law Code.
In accordance with the Belgian Economic Law Code, the purchaser (consumer) has the right to notify MOSAERT that he or she wishes to cancel his/her purchase, without penalty and without giving any reason, within fourteen (14) days following the date of delivery of the item to the purchaser or to a third-party other than the carrier and designated by the consumer; if the consumer has placed an order with several items that has been delivered separately, the cooling-off period of fourteen (14) days starts from the date where the consumer or any third-party other than the carrier and designated by the consumer takes physically possession of the last item of this order.
To cancel an order, you must send an email to email@example.com. You must include in this email either the withdrawal form properly filled in (available below at the end of the GTU or here), or a non-ambiguous message stating your decision to withdraw from the sale contract.
You shall, at your own expenses, return the item ordered to MOSAERT, within 14 (fourteen) days of the communication to MOSAERT of your decision to withdraw from the contract. If you do not return the item within this timeframe, you will be deprived from your withdrawal right/right of return. MOSAERT asks you to put the return form with the article that you return.
The return of the items is made by registered mail with proof of receipt (or by postal service with tracking number) at the tariffs applicable at the time of return, and at the expenses of the person cancelling the order. Returned items must be protected to at least the same extent as for the initial delivery.
If you wish to withdraw the order before shipping of the items, MOSAERT will not send the items and shall reimburse you without the sending of an invoice.
In the event of delivery of a defective item or which is not in accordance with the order, the item will be exchanged or reimbursed. You must return the defective product to MOSAERT within fourteen days of receipt, specifying the reason for return and your wish to be refunded or to exchange the item. In this situation only, return is made at the expenses of MOSAERT.
In all situations mentioned above, MOSAERT will not accept, for hygienic reasons, the return of an item which has been worn, used or is incomplete, damaged, washed or dirty.
Any refunds are made through Paypal or Stripe, according to the payment method of the order, within 14 (fourteen) days from either the receipt of the returned items, either the sending (by you) of proof of shipping in line with the above, the earliest date being taken into account.
If you return part of your order, you will be reimbursed of the price of the returned items as well as part of the delivering costs, proportionally to the number of returned items.
This refund shall not include the extra charge incurred for the special shipping of the items chosen by you instead of regular postal services that are less expensive proposed by MOSAERT, nor the potential custom and/or import taxes or duties applied to your shipment.
Return of the goods is made at your own risk at the following address: Mosaert Label I/O Distrimedia, Schoenstraat 14, 9140 Temse, Belgium.
Please download and complete the form belowWithdrawal .pdf
MOSAERT gives special attention to the compliance with privacy law.
Article 7. – Hyperlinks
MOSAERT reserves the right to refuse hyperlinks referring to the Website, at its sole discretion. MOSAERT’s decisions in this regard are made at its own discretion and may not be appealed. They do not allow the right to any indemnity or other form of compensation in favour of the users concerned.
The absence of reaction of MOSAERT in case of hyperlinks referring to the Website shall neither be construed as a validation of this use, nor be understood as a license on the Website content, nor make MOSAERT liable in any way whatsoever regarding the website operating the hyperlink.
Any website linking to the Website shall, at least, commit to:
- respect the intellectual property of MOSAERT on the Website and its content;
- not harm the reputation of the Website, or the products or information on the Website;
- not create the impression that the two websites are linked in any way whatsoever;
- take the entire responsibility in the case of damage or loss caused to the Website, whether these are directly or indirectly linked to it;
- guarantee that the use of a hyperlink to the Website is not illegal under applicable law;
- not create hyperlink from a website containing information which could be the subject of action for slander, libel or pirating, or for any other infringement of the rights and interests of third parties;
- indemnify MOSAERT in the event of action by a third party following non-compliance with the GTU or access to the Website via the hyperlink;
- all other conditions laid down by MOSAERT shall be respected, if any;
Article 8. – Links to other sites. By clicking on them, you leave MOSAERT’s Website
By clicking on the links, you leave the Website. MOSAERT does not accept any responsibility in this regard.
MOSAERT draw your attention on the importance of the configuration of an account created on the social networks regarding, inter alia, the confidentiality and the processing of personal data.
- Facebook: https://www.facebook.com/policies/cookies/ and https://www.facebook.com/about/privacy;
- Instagram : https://help.instagram.com/1896641480634370?ref=ig and https://help.instagram.com/519522125107875/?helpref=hc_fnav&bc=Aide%20sur%20Instagram&bc=Confidentialité%20et%20sécurité .
You are invited to check that these documents or links have not been changed. If need be, you are invited to search for the potential new links by yourself.
Article 9. – User’s comments, feedback or other submissions
You may send comments, creative ideas, suggestions, proposals, plans, or other materials, to MOSAERT whether by email or by postal mail. You agree that MOSAERT may, at any time, without restriction, exploit, reproduce, adapt, edit, copy, publish, distribute, translate and otherwise use in any medium any comments, ideas, material and suggestions that you have communicated, alone or with other ideas. MOSAERT is and shall be in no situation obliged to maintain any comments in confidence, nor to pay compensation for any of the foregoing, nor to respond to any comments.
Article 10. – Limitation of liability
If, despite the provisions of the present GTU, MOSAERT should be held responsible for any damage or loss resulting from or connected to the use of the Website or of its Content, MOSAERT’s liability may under no circumstances exceed €1,000.
You agree to cover MOSAERT, its employees, eligible parties, agents, affiliates, subcontractors and partners against any action, loss, claim, compensation or indemnification (including legal fees) brought against MOSAERT in particular by any third party, relating to or as a consequence of your use of the Website.
Article 11. – Proofs
The computer files saved by MOSAERT shall be considered as valid evidences of the communications, orders and payment occurred. Said files shall have evidential force until proven otherwise. Informatic or electronic data are construed as valid evidences as such and are admissible in the same conditions and with the same evidential force as any paper document.
MOSAERT has no obligation to keep the data. You commit to print and save the details of your orders until receipt of the ordered items and expiration of the cooling-off period, if any.
Article 12. – Violation of the GTU
This shall also be the case in the event of a need to identify, contact or bring legal action against a person harming or interfering with the Website or MOSAERT’s rights or the rights of other users of the Website.
MOSAERT thus reserves the right to reveal at any time any information deemed necessary under applicable law for a judgement or a legal petition by the public authorities, including the exchange of information between companies with the aim of preventing fraud, as long as it compliant with the law.
Any violation of the GTU shall be considered, amongst others, an act of unfair trading and a breach of contract which calls for financial or other compensation, depending on which is deemed by MOSAERT to be most appropriate.
In the event that MOSAERT is forced to bring legal action against you due to violation of the GTU, you shall be obliged to reimburse to MOSAERT all costs which incurs to the latter in this regard, including legal fees and all other costs and expenses, in addition to the compensation due to MOSAERT.
Article 13. – Nullity of a provision
In the event that one or more of the clauses contained in this GTU should be considered null and void by a court of law, only the minimum shall be considered invalid and shall be replaced by valid clauses which better respect the objective of the present GTU.
Article 14. – Miscellaneous
The original version of these GTU is written in French. Should there be a difference of interpretation or of meaning between the English version of the GTU and the French version, the latter shall prevail.
Article 15 – Online dispute resolution platform for consumer disputes
If you are a consumer (withing the meaning of the Directive 2013/11/EU of the European parliament and of the Council of 21 May 2013) based in the EU, Norway, Iceland or Liechtenstein, you may file a complaint on the following website http://ec.europa.eu/consumers/odr. This procedure aims to ease the online amicable dispute resolution, in accordance with Regulation (EU) n°524/2013 of the European parliament and of the Council of 21 May 2013.
Article 16. – Applicable legislation and litigation
The GTU are governed entirely by Belgian law, as are all relations between MOSAERT and you, in particular in the context of your use of this Website.
In the event of litigation concerning, in particular, the validity, the interpretation or the execution of those GTU or the use of the Website, only French-speaking courts and tribunals in the judicial district of Brussels shall be competent, and shall use French language.
Article 17. – Contact information
You may contact MOSAERT at the following email address : firstname.lastname@example.org.
For any return of products: Mosaert Label I/O Distrimedia, Schoenstraat 14, 9140 Temse, Belgium.
Mosaert Label sprl
Registered offices : Avenue Louise 137/bte3 1050 Brussels Belgium
BCE : 0700.612.291
VAT : BE0700.612.291
Version 1.33 – 11/15/2021