TERMS AND CONDITIONS FOR ONLINE PURCHASES

Article 1 – SCOPE

The e-commerce website of Mega Home Market (trade name), currently Piritex a private limited company, with registered office at 2060 Antwerp, Polostraat 35. It is registered in the CBE register with VAT number  BE 0448626978 , Email:  info@megahomemarket. com , phone  +32 (0) 3677 26 68  heee. The operating address is Polostraat 35, 2060 Antwerp. The warehouse is located at Dijkstraat 1A, 2630 Aartselaar. Offers its Customers the opportunity to purchase the products from its web shop online.

These General Terms and Conditions apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order via the Mega Home Market web store, the Customer must expressly accept these Conditions, thereby agreeing to the applicability of these Conditions, to the exclusion of all other conditions. Additional terms and conditions of the Customer are excluded, unless they have been expressly accepted by Mega Home Market in advance, in writing.

These general terms and conditions do not apply to purchases in the physical store at Polostraat 35, 2060 Antwerp. For purchases in the store, the general terms and conditions as included in the order form received in the store apply.

The use of the website  www.megahomemarket.com  and any purchase on the site implies that the Customer unconditionally and irrevocably accepts the underlying General Terms and Conditions. An order is only confirmed after the Customer has read and accepted the General Terms and Conditions.

Article 2 – PAYMENT AND PRICES

The prices stated during the purchase process are in euros (€) and include VAT and administrative costs, unless explicitly stated otherwise. The prices of the products and services do not include the transport costs, not the extra service assembly and not the extra service ladder lift. These will be charged separately if necessary. The applicable VAT rate is the VAT rate that is valid in the country where the delivery address is located.

The price statement refers exclusively to the articles as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price. If the VAT changes before the delivery or collection date, the total price will be adjusted to the same extent.

Mega Home Market reserves the right to change the selling prices at any time. The price shown on the website or medium on the day of purchase is the valid price. Mega Home Market is not liable for any errors in the price or description. In case of any errors, the customer will be informed immediately after the purchase.

The products remain the property of Mega Home Market until they have been paid in full by the Customer, regardless of whether the delivery has already taken place. Mega Home Market defers its delivery obligations until receipt of full payment of all amounts owed by the Customer. The products remain the property of Mega Home Market until they have been paid in full by the Customer.

The crossed-out prices are either prices recommended by the supplier or the price for promotion. The prices in the physical store may differ from the online prices. Mega Home Market reserves the right to refuse any order from a Customer with whom a dispute is ongoing, or a dispute has arisen in the past. Mega Home Market is not liable for material errors, typesetting or printing errors.

Purchases can only be paid online with Bancontact, PayPal, Credit Card, KBC/CBC Payment Button and Belfius Direct Net. Mega Home Market may expand or limit payment options in the future. Expansion of payment options will be announced via the website.

In the event that the Customer’s bank refuses the payment, the order will be automatically refused. The Customers guarantee that they are authorized to make online payments with one of the payment methods mentioned above and that there is sufficient cover in the bank account linked to cover all costs arising from the transaction. Mega Home Market works together with Mollie for processing the online payment. 

Invoices are only issued to legal entities (B2B) per application. Consumers are expressly excluded from this and can therefore not request an invoice.

Mega Home Market is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.

In the event of non-payment on the due date, the invoices will be increased by operation of law and without notice of default being required by a fixed compensation of 10% with a minimum of € 50.00 and a legal interest (consumer) and interests cf. the law of 02.08.2002 on late payment in commercial transactions (company), whereby each month started is considered to have expired.

In the event that the Customer fails to meet one or more outstanding obligations with regard to Mega Home Market, Mega Home Market may suspend all further deliveries of products until all outstanding accounts have been settled, including the added compensation and late interest.

Filing a complaint does not in any way result in a suspension of payment. All (extra-)judicial costs of whatever nature that Mega Home Market has had to incur as a result of the Customer’s non-compliance with its (payment) obligations will also be borne by the Customer.

Article 3 – PRODUCTS

Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer are not binding on Mega Home Market. The photos, texts, dimensions and details describing the product are in no circumstances binding with regard to Mega Home Market. Mega Home Market is in no way liable in the event of material errors, typesetting or printing errors.

If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request that the Customer contact our Customer Service in advance.

The offer is valid while stocks last and can be adjusted or withdrawn at any time by Mega Home Market. Mega Home Market cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

Mega Home Market is entitled – without stating reasons – to refuse orders, to adjust the delivery times, to split the deliveries, or to attach other conditions to the delivery.

Article 4 – ORDER 

The products and services are offered for sale through the website  www.megahomemarket.com . The Customer will receive an order confirmation by email after the purchase in which all contractual information related to the order will be communicated to the Customer. As stated at the top of this page, all these terms and conditions apply to purchases made on the website  www.megahomemarket.com .

Mega Home Market cannot be held responsible for the unavailability of a product or service at the Supplier, nor for the damage that may result. In the event that one or more products or services of an order are not available, the Customer will be informed by e-mail or by telephone that his/her order will be canceled in whole or in part. In the event that the non-availability is established and communicated at the moment that the Customer has already paid for his products or services, Mega Home Market will take the necessary steps to refund the paid amounts.

Article 6 – DELIVERY

Unless expressly agreed, delivery times are informative and do not constitute an obligation of result. The delivery times are provided by way of information. Mega Home Market will take all reasonable measures to deliver the ordered products on time. Delay in the execution of the order can never give rise to any (damage) compensation and/or dissolution of the agreement.

For stock products there is usually a delivery period of 4 weeks. Products that are not in stock or that are custom made can take up to 12 weeks. If a product or service is not delivered to the delivery address within the delivery period, it is up to the Customer to contact Mega Home Market to have the delivery carried out within an additional period that is appropriate in the circumstances. Contact must be made by telephone or by mail to  info@megahomemarket.com .

If Mega Home Market does not deliver within the aforementioned additional term, the Customer has the right to terminate the agreement. The refund will be made within 14 days, provided that all conditions as described in these terms and conditions are strictly met. The amount that is refunded will in any case never be greater than the amount actually paid by the Customer.

If the goods are not in stock, the delivery period of our supplier applies.

Any visible damage and/or qualitative shortcoming of an article or other shortcoming in the delivery must be reported immediately and immediately by the Customer to Mega Home Market. 

Orders can only be delivered to addresses located in Belgium, the Netherlands and Luxembourg. Mega Home Market can split the order into one or more deliveries depending on the availability of the products. Each delivery is announced by email or by phone. Transport costs and VAT are also stated on the invoice. The delivery is accompanied by a delivery note, which also states the details of the delivered goods. The delivery is offered to the Customer or to any other person present at the delivery address. If no one can receive the package when it is presented, the carrier will return.

Depending on the size of your purchase, purchases are split into parcel service. Small packages are sent via the parcel service and it costs € 9.90 per package. Large packages are sent via the parcel service and it costs € 59.99 per package. are delivered by our furniture transport service.

It is the Customer’s responsibility to facilitate the delivery at the agreed place in the presence of the Customer or a third party designated by the Customer. There is a delivery as soon as the ordered Products have been offered to the Customer once. If an offered delivery is unsuccessful as a result of a shortcoming by the Customer or the third party designated by the Customer, the costs of new delivery attempts will be fully borne by the Customer.

Mega Home Market bears the risk of damage and/or loss of the Products up to the moment of delivery. The risk of the Products transfers to the Customer as soon as the Customer or a third party designated by him takes receipt of the ordered Products. In principle, every delivery requires the signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.

Article 7 – RIGHT OF VOID/RETURNS

The provisions of this article only apply to Customers who purchase items online from Mega Home Market in their capacity as consumers. 

Returns are accepted if packaging has not been opened. When you return a number of items or the entire order, the return costs are for your own account. 

The Customer has the right to withdraw from the agreement within a period of 14 calendar days without stating reasons. The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the good.

In order to exercise the right of withdrawal, the Customer must inform Mega Home Market of his/her decision to withdraw from the contract. The Customer must use the model withdrawal form for this. The Customer can find this form at the very bottom of the general terms and conditions.

The Customer can also electronically complete and send the model withdrawal form via our website. If the Customer makes use of this option, we will immediately send the Customer a confirmation of receipt of his withdrawal on a durable data carrier (e.g. by e-mail).

In order to comply with the withdrawal period, the Customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return or hand over the goods to Mega Home Market or an authorized carrier without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to Mega Home Market. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.

Only items that are in the original packaging, in its new original condition together with all accessories, instructions for use and invoice or proof of purchase can be returned.

This also applies to the cancellation of an order before it has been delivered. Any return whose sender cannot be identified will be refused. If on day 15 the product has still not arrived, the right of withdrawal expires immediately. The return must be sent to the warehouse address stated in the current conditions. The direct costs of returning the goods and/or the collection costs shall be borne by the Customer.

The refund will be made within 14 days of receipt of the return by Mega Home Market, provided that all conditions as described above are strictly met. The amount that is refunded will in any case never be greater than the amount actually paid by the Customer.

The right of withdrawal can also be exercised after the purchase has been made, but before the order has been shipped. For this, the Customer must send a registered letter to Mega Home Market, in which they state that they wish to cancel the purchase. In that case, the refund will be made within 14 days of receipt of the cancellation of the order. Mega Home Market will send an email as soon as it has received the return.

The Customer cannot exercise the right of withdrawal for:

• products that are tailor-made or adapted to the wishes of the Customer, for example, a personal character includes seats and chairs that have a different color and arrangement than the photos available on the site. In the cases mentioned above, the Customer can neither return the product nor demand a refund.
• the delivery or provision of goods or services whose price is subject to fluctuations in the financial market over which Mega Home Market has no influence and which may occur within the withdrawal period;
• the delivery of goods manufactured according to the Customer’s specifications, or that are clearly intended for a specific person; (for example, custom work)
• the supply of goods that spoil quickly or with a limited shelf life;
• the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
• the delivery of goods that are irrevocably mixed with other products after delivery by their nature;
• agreements whereby the Customer has specifically requested Mega Home Market to visit him to carry out urgent repairs or maintenance;
• the delivery of sealed audio and sealed video recordings and sealed computer software, the seal of which has been broken after delivery;
• agreements concluded during a public auction;
• the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering and services relating to leisure activities, if a specific date or period of implementation is provided for in the agreements.

If the returned product is in any way diminished in value, Mega Home Market reserves the right to hold the Customer liable and claim compensation for any loss in value of the goods resulting from the use of the goods by the Customer that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

*Just as it is our responsibility that the product arrives undamaged and clean to you, the customer, it is your responsibility that the returned product also comes back to us undamaged and clean. If the item is returned to us dirty and/or damaged, we will charge you 20% of the purchase price, with a minimum of € 50.

Do I have to pay for the return costs?

Yes, the return costs are with you as a customer, unless the products have already been damaged upon receipt.
The product must be complete, unused and undamaged.

Damaged or used products will not be reimbursed.

Article 8 – WARRANTY

Under the law of September 21, 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This Customer enjoys a statutory warranty period of two (2) years. The Customer may invoke this legal guarantee if the delivered product does not correspond to the requested or ordered product (non-conformity), insofar as the Customer could not establish this non-conformity upon receipt of the product.

• if the Product is defective within the first six (6) months after delivery, the defect is presumed to have existed since delivery. Mega Home Market can prove otherwise.
• if the Product is found to be defective more than six (6) months after delivery, the Customer must prove that the Product was non-compliant at the time of delivery.

To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.

In the event of a defect, the Customer must inform Mega Home Market as soon as possible. In any case, any defect must be reported by the Customer within a period of 15 working days after its discovery. Afterwards, any right to repair or replacement lapses.

Mega Home Market guarantees, in accordance with Articles 1641 to 1649 of the Dutch Civil Code, with regard to its Customers for hidden defects in the Products delivered by it. The system of hidden defects does not apply if the Customer was aware of these defects at the time of purchase. Consequently, every Customer is entitled to repair if, after delivery, he discovers a hidden defect in the delivered Product, in accordance with the legal regulations.

Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless proven otherwise by the Customer.

The legal guarantee as well as the guarantee for hidden defects does not apply to:

• damage caused by normal wear and tear, accidental or intentional changes made by the Customer to the Products, including improper and misuse and exposure to moisture, fire, earthquake and other external causes;
• damage caused by use in a manner not in accordance with the instructions and information provided;
• in the same way, the guarantee does not apply when the damage comes from wear and tear, transport;
• products that are intentionally damaged or damaged by negligence (breakage, moisture, unadjusted temperature, rust, infiltration of a liquid, overvoltage, fire, or any other form of force majeure) and for products that have obviously been opened (repair and /or modification performed by a repairer not authorized by Mega Home Market).

The return of a non-compliant or defective product (both visible and hidden defects) is always at the risk of the Customer. The Customer who incorrectly returns a product will be responsible for the costs.

Discoloration of wood, textiles, fiber materials and leather, wrinkling in leather and fabric, changes in the hardness of seat cushions and mattresses, as well as natural characteristics   of wood, such as (wind) cracks, knots, deformations, knots and the working of wood insofar as these discolouration or this work cannot be prevented from a technical point of view, or are generally accepted according to the practices in the furniture sector or are specific to the materials used, are normal characteristics of the goods sold and do not affect the conformity with the sales contract. This list is not exhaustive.

Defects in goods that the Customer knew or should reasonably have known at the time of concluding the sales agreement, for example when selling sales and showroom models with a price reduction, also do not affect the agreement with the sales agreement and conditions.

Mega Home Market is not liable for errors that occur during the assembly of the products by the Customer. In the event of an assembly error by Mega Home Market’s own service, Mega Home Market does guarantee. Mega Home Market can in no way be held responsible for any technical defects of the delivered products, unless they are immediately discovered when unpacking the product. In that case, the Customer must immediately contact Mega Home Market.

Article 9 – CONTACT DETAILS

Piritex BVBA with the trade name Mega Home Market is a private company with limited liability, incorporated under Belgian law and established in Belgium, with registered office at Polostraat 35, 2060 Antwerp. It is registered in the KBO register with VAT number BE 0448626978 , Email:  info@megahomemarket.com , telephone  +32 (0)3 825 46 65.  The operating address is Polostraat 35, 2060 Antwerp. The warehouse is located at Dijkstraat 1A, 2630 Aartselaar.

Article 10 – FORCE MAJEURE

If Mega Home Market is prevented in whole or in part from fulfilling its obligations towards the other party due to a circumstance beyond its control, there will be a case of force majeure. In that case Mega Home Market is not obliged to fulfill its obligations towards the other party. Mega Home Market is entitled to suspend its obligations for the duration of the force majeure.

Article 11 – INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights and derivative rights concerning the products and trade names are retained by Mega Home Market. These intellectual property rights are understood to mean copyright, brand, drawing and model rights and/or other (intellectual property rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts, etc. The Customer is strictly prohibited from using of and/or make changes to the intellectual property rights as described in this article, subject to the prior written consent of Mega Home Market.Any infringement against this will be prosecuted.

Article 12 – LIABILITY

Mega Home Market can in no way be held responsible for direct or indirect damage of any kind. Mega Home Market further assumes no responsibility for the content of third party websites to which a link is included in the website.

Mega Home Market cannot be held responsible for any errors in the photos or texts used for the product descriptions on the website  www.megahomemarket.com , on all social media or in our folder.

Mega Home Market declines any responsibility for damage caused by a defect, malfunction or misuse of any product sold on the www.megahomemarket.com website  .

Mega Home Market cannot be held responsible for the inability to deliver the orders, including cases of force majeure, disruption or strike of transport, postal or communication services, in case of flood or fire. In all cases where the responsibility of Mega Home Market is addressed, the responsibility of Mega Home Market is limited to the amount actually paid by the Customer for an order.

Article 13 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

Mega Home Market may change the underlying General Terms and Conditions at any time, including to comply with legal obligations. Customers will be adequately notified of any changes to the General Terms and Conditions, via the “Help & Contact” section on the www.megahomemarket.com website  , or by any other means. The Customers undertake to take note of the changes as soon as they are informed. Any use of the Services, as described in Article 2, after Mega Home Market has communicated about the amended General Terms and Conditions, presupposes that you have read and subscribed to the amended General Terms and Conditions.

Mega Home Market reserves the right to change the design and content of its website at any time. To the extent possible, Mega Home Market will communicate any significant changes to its Customers. Customers have complete freedom  to deactivate their account in the event of a change to the General Terms and Conditions, or to the layout or content of the www.megahomemarket.com website  .

Article 14 – NULLITY

 

The possible invalidity of one of the provisions of the agreement will in no way affect the validity of the other clauses, despite the invalidity of the disputed clause. The parties shall make every effort, by mutual agreement, to replace the void clause with a valid clause having the same or substantially the same economic impact as the void clause. The failure to claim a right or the failure to apply a sanction by Mega Home Market in no way implies a waiver of rights.

Article 15 – COMPLAINTS

Customer satisfaction is a top priority for Mega Home Market and we strive to improve it every day. We therefore ask every Mega Home Market Customer with a question or complaint to always contact the store via the contact form on our website. We do not answer complaints by phone or email.

Article 16 – APPLICABLE LAW AND COMPETENT COURT

These terms and conditions are exclusively governed and interpreted in accordance with Belgian law. Belgian law applies exclusively to all offers and sales agreements. The applicability of the Vienna Sales Convention is expressly excluded.

All disputes related to or arising from offers from Mega Home Market, or Sales Agreements concluded with it, will be submitted to the courts of the judicial district of Antwerp.

Article 17 – PRIVACY POLICY

The controller respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.

The personal data communicated by the Customer will only be used for the following purposes: the correct execution of the sales agreement, the processing of the order. If this information is missing, the order will inevitably be cancelled. Providing incorrect or false personal data is considered a violation of the current Terms of Sale. The Customer’s personal data will only be processed in accordance with the privacy statement that can be consulted via the Website.

The Customer has a legal right to inspect and possibly correct your personal data. Subject to proof of identity (copy of identity card), the Customer can obtain the written notification of his/her personal data free of charge by means of a written, dated and signed request to Mega Home Market. If necessary, the Customer can also ask to correct the data that would be incorrect, incomplete or irrelevant.

Mega Home Market considers privacy extremely important. In no way will we sell or pass on your personal information to third parties: data is stored securely in a non-publicly accessible database. Newsletters are only sent after explicit permission and can be unsubscribed at any time. Your private information will only be used by us to process your order correctly.

We use many secure systems to ensure the security of your personal information when you place an order or enter, transmit or access your personal information. Our server is extremely secured with the latest technology.

During a visit to the site ‘cookies’ may be placed on the hard drive of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine. We use technical cookies to optimize our site and to offer you more comfort, such as the automatic filling of forms.

You can set your internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements may not appear correctly, or that you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

The Customer is responsible for keeping his login details and the use of his password confidential. Mega Home Market keeps online (anonymous) visitor statistics in order to see which pages of the internet site are visited to what extent.

Your information will certainly never be sold or shared with third parties. This can only happen when we are legally obliged to do so.

Reviews left by you may continue to be used without stating your name or email addresses for commercial purposes such as using the reviews in print advertisements and other social media.

Article 15 – EVIDENCE

The Customer accepts that electronic communications and backups can serve as evidence.

MODEL FORM

Model withdrawal form = only complete this form and return it by registered mail if you want to withdraw from the agreement

At Mega Home Market, 2140 Antwerp, Polostraat 35

I/We* hereby give notice that I/we* revoke/revoke* our agreement regarding the sale of the following goods:

Ordered on*/Received on*:

Name(s) consumer(s) :

Address consumer(s):

Signature of consumer(s) (only when this form is submitted on paper)

Date

* Strike out what does not apply