Terms of use

GENERAL CONDITIONS OF USE

 

By visiting our Site and/or purchasing something from it, you agree to be bound by the following Terms of Use ("Terms of Use", "Terms").  These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before accessing or using our website.  By accessing or using any part of the site, you agree to be bound by these terms of use.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. 

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Minors or persons under the age of 18 are not permitted to use this website.

 

Online Sales Manager

 

These conditions of use govern the online sale of Products  presented and offered for sale from the Site.

 

The Site is operated by:

 

MINI CUPID

Rue Louis Blanqui, 131

7390 Quaregnon

 

BCE Company Registration Number  : 0785.735.929

 

VAT number in Belgium: BE0785.735.929.

 

In the event that you have any complaints about any Product purchased on the Site or if you wish to assert a legal warranty claim, you can contact us at the following address:  :…………….

 

  1. Definitions

 

  • General conditions  : means these general conditions of use governing the manner of using the Site and the conditions of sale of Products purchased directly from the Site  ;
  • Customer  : any natural or legal person who places an order for products on the Site  ;
  • Product : any product or merchandise offered for sale by MINI CUPID on or from the Site  ;
  • Site  : means the website  https://myminicupid.com/

 

  1. Orders
    1. Product Availability

 

All Products offered on the Websites are an invitation to purchase and do not constitute an offer to sell.

 

MINI CUPID may refuse your order in particular in the following cases:  :

 

  • non-availability of the Products presented on the Websites;
  • MINI CUPID is unable to obtain authorization for the payment you are making.  ;
  • You are in dispute with MINI CUPID regarding a previous order  ;
  • You violate these Terms of Use;
  • If we have reason to believe that you are not a consumer customer, but a professional buyer.

The Products are only sold within the limits of stock available from MINI CUPID.

 

The available stock level indicated is updated regularly, but it does not guarantee that the Product ordered will be available when you place your order. We reserve the right to modify without notice and at any time the Products offered for sale on the Website. We also reserve the right to limit the number of Products that can be sold to you.

We are not responsible if certain Products are not in stock or are unavailable.

 

    1. How to order  ?

 

  1. To place an order, simply click on the Product of your choice. It will be added to your basket.
  2. Before submitting your offer, you will have the opportunity to review your selection, check the total price of your order, correct any input errors and choose payment and delivery methods.

When you are ready to order the Product, simply click on the “  PLACE ORDER  ". You will then be redirected to a payment organization to proceed  upon purchase of your Product.

 

Once the order is accepted by MINI CUPID, you will receive an order confirmation email

 

If MINI CUPID cannot accept your order, you will be notified by mail and we will not charge you for the Product.

 

  1. Price

 

    1. Price  :

 

All prices of the Products on the Site are only the prices of the Products offered for sale without including delivery costs. MINI CUPID prices are denominated in euros and are net, excluding VAT, taxes or any charges which always remain the responsibility of the User Customer.

 

All orders are invoiced at the rate in effect on the day the order is received.

 

    1. Price change:

 

MINI CUPID reserves the right to modify the prices mentioned on its Site in order to take into account a significant, unforeseeable and independent change of one of the elements of its cost prices (such as, for example, the price of raw materials). Any change in price will be communicated in writing to its Customers at least 1 month before its application.

 

 

    1. Billing and Payment  :

 

Unless otherwise agreed in writing, all invoices are payable within 30 days of their issue if you choose to opt for payment by bank transfer.

 

The Site nevertheless allows you to pay immediately online, which avoids payment delays.

 

MINI CUPID will not deliver the Product until payment for the Product has been received.

 

By validating your order, you agree to receive the corresponding invoice electronically. We will send you this invoice in the email that will be sent to you regarding the shipment of the order. If you wish to receive your invoice in paper format, we invite you to send us a letter or email.

 

Any invoice not contested by registered mail within 7 (seven) calendar days of its sending date is deemed to be accepted in its entirety.

 

The Products are the property of MINI CUPID until full payment of all amounts due in principal, interest and accessories.  Notwithstanding this retention of title, all risks of loss and damage to the Products concerned are transferred to the Customer upon delivery.

 

 

    1. Late payment

 

Any full or partial payment after the due date shown on the invoice will result in the application of late payment interest at an interest rate of 8.5% per year.

 

If within 5 working days no response is given to a payment reminder sent by email by MINI CUPID, the amount of each invoice due will be automatically increased by a 12% compensation clause, with a minimum of €50 per invoice.

 

  1. Cancellation of an order and right of withdrawal
    1. Right of withdrawal

As a consumer, you have the right to cancel the sales contract you have entered into with MINI CUPID within fourteen (14) working days following delivery of your Products, for any reason whatsoever.

 

The delivery date is calculated based on the data provided by the carrier.

 

You must return the Product(s) before the cancellation deadline, which is 14 days maximum after the delivery date of the Product.

 

Please note that it is not possible to return personalized Products.

 

 

    1. Cancellation Steps:

 

  1. Please notify us of your intention to cancel the sale at the following address:

 

MINI CUPID

Rue Louis Blanqui, 131

7390 Quaregnon

 

Mail can be sent by post or email ( e-mail  :…………………) canceling an order before the cancellation deadline expires. You can use the withdrawal form available on the FPS Economy website  :https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf .

 

  1. Place the Product(s) in the original shipping box. You must make every effort to return the Products in their original condition with their original packaging. Please attach the return label provided with your order to the outside of the package.

 

  1. Take the package to the nearest post office and send it.Please keep a copy of the postal receipt carefully for future use and to obtain reimbursement of delivery charges (if applicable).

 

 

    1. Effects of cancellation

 

MINI CUPID will reimburse you for all payments received from the Customer, including the costs of the least expensive standard delivery offered by MINI CUPID.

 

Reimbursement will be made within fourteen (14) business days from the date on which MINI CUPID received the Product(s) in return.

 

We disclaim any liability for any claim for reimbursement of duties or taxes that you had to pay to public authorities (customs, etc.) for the importation of the Products that you wish to return.

 

For your information, MINI CUPID may reduce the refund (except for delivery costs as mentioned above) if, due to improper handling, you have reduced the value of the returned Product.

 

We inform you that if you decide to return only part of an order that was paid for with a discount offer or promotion, the discount offer or promotion will be recalculated.

 

  1. GUARANTEE

 

We warrant that the Products are of merchantable quality and free from defects under normal use. We provide no additional warranties.

 

The lack of conformity aims  a defect which means that the Product delivered does not correspond to the one ordered.

 

A good is compliant when  :

  • It matches the description given by MINI CUPID
  • He is  suitable for the use sought and declared by the consumer customer.  ;
  • It comes with all accessories and instructions specified in the order.  ;
  • It operates safely and is suitable for the uses normally used for goods of the same type.

 

The warranty period is two years from receipt of the Product(s).

 

This warranty does not cover damage to the Products caused by accident, misuse or abuse, alteration, attempted repair, neglect after purchase, ordinary wear and tear and/or failure to follow Product care instructions.

 

The warranty therefore does not apply in the event that the Product has been suspected of having been dropped, dislocated or has been damaged. It will also not apply if, during disassembly, the mechanism has been in contact with a liquid (oxidized part). 

 

The customer must contact MINI CUPID within two months maximum from the date of receipt of the package if it is opened, if an accessory is missing, or if there is any other anomaly such as the stainless steel surface being detached from its base, a blow or other...

 

Failing this, the Customer is deemed to have accepted the defect noted.

 

If the defect only concerns part of the Product, MINI CUPID undertakes to replace or repair only the part of the Product in question.For example, if the bottle warmer has a charging problem but it comes from the USB cable, only the USB cable will be replaced and not the entire Product with all its components.

 

MINI CUPID will fully cover the shipping costs of the replaced product.

 

If you notice any defects in conformity before the expiry of this guarantee, please contact the following email address: ………………….  . Please be prepared to provide us with proof of purchase and take photographs of the Product showing the alleged defect.

 

  1. Delivery
    1. Time limit  :

 

The order is usually shipped within 2 to 3 working days after receipt of the order.

 

Delivery time is 1 to 2 working days for Belgium and 2 to 10 days for the rest of Europe.

 

Shipping costs will be calculated at the time of purchase depending on the country you choose.

 

Delivery times are nevertheless indicative and vary depending on available stock.

 

    1. Transportation :

 

All special instructions must be communicated to MINI CUPID in good time and in writing in a clear, complete and precise manner. The goods travel at the risk of the Customer, even if they are shipped carriage paid.

 

    1. Guarantee  :

As indicated above (point 5 - Guarantee) it is recommended that Customers check the packages upon delivery in order to be able to make any reservations regarding the apparent condition of the packages and their contents upon receipt.

 

    1. Transport risk  :

 

Delivery is always at the Customer's own risk.

 

  1. Intellectual Property Rights

MINI CUPID sells its Products under a brand of which it is the owner or for which it has at least obtained the required authorizations.

 

All intellectual rights relating to the Products manufactured and sold by MINI CUPID remain its property and are in no case transferred to the Customer in return for the price paid by the latter.

 

Users may, however, freely browse the content of the Site and may be authorized to download, view or use the content of the Site within the strict limits of personal and non-commercial use.

 

These general conditions do not entail any license, assignment or transfer of intellectual property rights for the benefit of the Client.

 

The Customer and, in general, any user is prohibited from reproducing and/or exploiting, in the broadest sense of the term, by any process whatsoever and on any medium whatsoever, the Products manufactured and/or sold by MINI CUPID.

  1. Restrictions

The user who browses the Site is prohibited from  :

  • publish any material from the Site in any other media  ; 
  • sell, sublicense and/or otherwise commercialize any content of the Site  ;
  • use the Site in any way that is or may be harmful to MINI CUPID  ;
  • use the Site in a manner that affects users' access to the Site  ; 
  • use the Site in any manner contrary to applicable laws and regulations, or in any manner that may cause harm to MINI CUPID,

 

Certain parts of the Site are not accessible to users and  MINI CUPID  may therefore restrict access by you to any areas of this Website, at any time, in its absolute discretion.  Any username and password you may have for the Site are confidential and you must maintain confidentiality as well.

  1. Your content

In these Website Standard Terms and Conditions, “Your Content” means any audio, video text, images or other material you choose to display on this Website.  By posting Your Content, You grant  MINI CUPID  a non-exclusive, worldwide, irrevocable, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

 

Your content must be your own and must not infringe the rights of any third party.  MINI CUPID  reserves the right to remove any Content from this website at any time without notice.

  1. Your privacy and protection of your personal data

MINI CUPID makes every effort to respect your privacy and process your personal data in compliance with current regulations.

 

For further information on how MINI CUPID processes your personal data, you are invited to consult the document entitled 'Privacy Policy' available on the link …………………….

 

For more information about our cookie policy, please see our Cookies Policy.

 

  1. Limitation of Liability

MINI CUPID is only liable to the Customer for damage caused intentionally or through gross negligence.

 

The Site is provided “as is” without warranty as to its content.  of any nature whatsoever, relating to this website or the materials contained on this website.  Further, nothing contained on this website should be construed as providing you with advice or guidance in selecting your purchases.

 

In no case, MINI CUPID  , nor any of its officers, directors and employees shall be liable for any direct or indirect damages arising out of or in any way connected with your use of this Website whether such liability is under contract or not. 

 

MINI CUPID shall not be liable, whether in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise, for any damages arising out of or in connection with these Terms and Conditions for the following:

 

  • any damage to customers or reputation  of the Client;
  • any special, indirect or consequential loss or damage suffered or incurred by you arising out of or in connection with this.
  • any economic damages (including, without limitation, loss of revenue, data, current or anticipated profits, contracts, business, opportunity or anticipated savings);

 

The liability of MINI CUPID, whether contractual, tortious (including negligence) or quasi-tortious, may in no case exceed the price of the Products that the Customer has ordered.

 

 

 

  1. Force majeure

 

Non-performance of a contract or delay affecting the performance of a contract, due to a case of force majeure within the meaning of Article 1148 of the Civil Code, does not constitute a fault on the part of a party, which may suspend the performance of its obligations for the entire duration of the case of force majeure, or terminate the contract without damages if the impediment resulting from the occurrence of the case of force majeure appears to be definitive or persistently preventing the performance of the Contract.

 

The following events are considered to be cases of force majeure on the part of MINI CUPID (non-exhaustive list): disruptions/interruptions of the website, telecommunications or payment services, external and independent of its will and the occurrence and consequences of which it could not reasonably foresee; lockouts, strikes, or other social conflicts, particularly among subcontractors, suppliers, manufacturers; a significant change in the legislation applicable to the Products offered for sale; the cessation of production of the Products by the manufacturer for reasons beyond its control (bankruptcy for example), etc.

 

  1. Divisibility

If any provision of this clause is found to be invalid under any applicable law, such provision shall be deleted without affecting the remaining provisions hereof.

  1. Modification of terms

MINI CUPID  is authorized to modify these Terms of Use at any time.

 

New contracts will be subject to the General Conditions in force at the time of their conclusion between MINI CUPID and the Customer. The Customer is invited to regularly consult the General Conditions in order to keep informed of the most recent developments.

 

MINI CUPID  is also authorized to assign, transfer and subcontract its rights and/or obligations under these Conditions without any notification to the Client.  However, you are not permitted to assign, transfer or subcontract any of your rights and/or obligations under these Terms unless MINI CUPID has expressly agreed in advance.

  1. Full agreement

These Terms constitute the entire agreement between  MINI CUPID  and you in relation to your use of this website, and supersede all prior agreements and understandings.

  1. Applicable law and jurisdiction

Any dispute that cannot be resolved by amicable agreement falls under the exclusive jurisdiction of the courts of the judicial district of Hainaut, division of Mons, without prejudice to the right of consumers to invoke the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.