Terms & Conditions

General terms and conditions

These terms and conditions apply to all users of the domain marialayla.com (also “the site”). The terms and conditions will be valid for all your (“the consumer”) future transactions with Marialayla.com by MARIA LAYLA (see “The Company”) , hereafter stated as MARIA LAYLA. Any changes in these terms and conditions will be published on the website, with reference to the date of revising. Users are responsible for keeping themselves updated with such changes.

The Company

Marialayla.com is part of MARIA LAYA EZ, Jakob Smitsstraat 7, 2140 Borgerhout (VAT number: BE 0781.953.127) and can be contacted by email (info@marialayla.com) , facebook (marialayla.handbags) , Instagram (@marialayla.handbags)

Offer

MARIA LAYLA is doing its utmost to display all products on the site as clearly as possible, by using photos, text, prices, delivery rates etc. However, errors may occur and MARIA LAYLA cannot guarantee all info is up to date. Errors may also occur when processing your order, therefore MARIA LAYLA cannot guarantee that all items included in the webshop are in stock at the time of your order. MARIA LAYLA is under no circumstances liable for any errors and/or incompleteness when displaying its products on the web shop or in respect of the order process. In the event that an item is unavailable, MARIA LAYLA will contact you by phone or by e-mail. If we are unable to contact you, your order will be automatically cancelled and in that case no party will be entitled to claim any compensation due to the cancellation.

The Agreement

The agreement will be concluded at the time of the acceptance of the offer by the consumer and by fulfilling all requirements, such as payment of the full order amount and providing all delivery details. All orders placed on the website will be confirmed by email as confirmation of the agreement. This confirmation will include all information on the order, such as article, price, delivery rate etc. MARIA LAYLA reserves the right to limit the quantities of the products that we supply, and/or to refuse any order that is unusual or placed in bad faith. In addition, we reserve the right to refuse any order from a client with whom there is a dispute concerning the payment of a previous order.

Right of Withdrawal

The consumer has the right to withdraw his order and can return the ordered product(s) within 14 days after reception of the goods by the consumer, without stating any reason. However the consumer will return the product(s) at his own risk and costs within 15 days after the order has been withdrawn and make sure that the product(s) is (are) duly packed to that effect. MARIA LAYLA will refund the payment within 10 days, subject to receiving the products in the same condition, as the one in which the product(s) was delivered to the consumer. Return will not be accepted and no repayment will be made if the product(s) is not returned in the said condition. No return will be possible during sales period and exchange will only be possible if an alternate choice is available.

Security

MARIA LAYLA use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders, by using Ogone payment service, which secures communications by encrypting all data to and from the site. For security reasons, we do not store any payment information in our database.

Prices

All prices mentioned on the website are in € (Euro) and VAT included. Shipment prices will be mentioned separately, if applicable. 

Compliance and Warranty

MARIA LAYLA refers to article “Offer” and states that all products, subject of the order, will measure up to the specifications mentioned on the website to the best of MARIA LAYLA’s abilities. In case of any problems and/or quality issues, the consumer will only be entitled to claim a product as substitution of the defective product, under reservation of the provisions regarding MARIA LAYLA’s complaint policy.

Delivery and Implementation

MARIA LAYLA will deliver the ordered product asap, though within 30 days after reception of your payment, on the delivery address as stated by the consumer. In case of delay of the delivery time or if we are not able to deliver the ordered product, we will send you a notification and you will have the right to cancel your order within 10 days after our notification. In case of cancellation of your order in due time, MARIA LAYLA will refund your payment within 10 days without you being entitled to claim any other damages.

Payment

MARIA LAYLA will send your order only after the full amount of the order has been received. The consumer is obliged to report any inaccuracies in his payment details immediately.

Complaint Policy

All complaints regarding visible defects and non-conformities must be sent by email to info@marialayla.com within 10 days after delivery under penalty of lapsing of the claim. In case of hidden defects or hidden non-conformities any complaint must be formulated by email within 14 days after the problem has been detected or should have been detected under penalty of lapsing of the claim. This email must contain a clear and complete description of the complaint. MARIA LAYLA will respond to all complaints within 10 respectively 14 days depending on the nature of the problem. Note regarding colours: MARIA LAYLA cannot guarantee that colours on the website will be true to life. This depends partly on the colour settings of your computer and monitor.

Returns

If you want to return an order or a part of your order, please send an email to info@marialayla.com with your name and order number and the items you would like to return. You will receive instructions by mail to send back the goods. Note that we will only accept and refund your return, if all items are returned in good condition and complete. Complete means containing all parts of the item, such as box, handbag, outer bag, wrapping paper, card etc.

Force majeure

In case of Force Majeure, MARIA LAYLA’s obligations will be suspended. The contract between the consumer and MARIA LAYLA can, in such cases, be partially or fully terminated by yourself or by MARIA LAYLA. A Force Majeure is in the event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Under such circumstances, MARIA LAYLA will attempt to resolve all issues in a timely manner.

Governing law

The agreement between MARIA LAYLA and the consumer, the use of the webshop and the relationship between MARIA LAYLA and any third parties will be governed by Belgian law. The courts of Antwerp, division Antwerp, will have exclusive jurisdiction for any dispute under the agreement between MARIA LAYLA and the consumer, the use of the webshop and the relationship between MARIA LAYLA and any third parties.

Wholesale conditions

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF MARIA LAYLA EZ

1. Application of the present terms and conditions

All offers, order confirmations and deliveries from MARIA LAYLA are subject to the general terms and conditions, as set out below. Placing an order by the client implies the acceptance of our general terms and conditions, notwithstanding any provision to the contrary in the purchase-and delivery terms and conditions of the client. An order is accepted by MARIA LAYLA, if it is confirmed in writing by MARIA LAYLA in an order confirmation. MARIA LAYLA may decide to renounce to such order confirmation without prejudice to the application of its general terms and conditions. In the event of a difference between the order of the client and the offer or order confirmation of MARIA LAYLA, the offer or order confirmation of MARIA LAYLA prevails. The nullity or non-enforceability of one of the provisions of the present general terms and conditions does not endanger the validity or enforceability of the other provisions. In case these general terms and conditions of sale and delivery are also made in another language than Dutch, the Dutch wording prevails in case of differences.

2. Termination of the agreement

In the event any contractual failure by the client, is MARIA LAYLA entitled to dissolve the agreement against the client provided it is done in writing but without any prior formal notice and without any prior intervention by the court. In case of dissolvement of the agreement, MARIA LAYLA is in any cases entitled to a lump sum compensation of 30% of the price, without prejudice to the right of MARIA LAYLA to full compensation of its damage.

3. Delivery – delivery modalities-retention of title – transfer of risk

The delivery terms given by MARIA LAYLA in its offer and/or order confirmation are indicative only and are therefore not binding. Any delay in the delivery can in no event give rise to compensation or termination of the agreement against MARIA LAYLA. In case no delivery can take place within the agreed delivery term, is MARIA LAYLA entitled to proceed to partial deliveries and partial invoices. If the client fails to take delivery of the goods, is MARIA LAYLA entitled to store the goods at the expense and risk of the client. In that event, the client owes storage costs of 1% of the purchase price per commenced month, without prejudice to the right of MARIA LAYLA to dissolve the purchase agreement and to claim a compensation in accordance with article 2. Place of delivery: the goods are delivered in the place indicated in the offer and/or order confirmation of MARIA LAYLA. In the absence of any written agreement with regard to the place of delivery, as confirmed in the offer and/order confirmation of MARIA LAYLA, the goods are deemed to be delivered ex warehouses of MARIA LAYLA. In the event of delivery on location and in the absence of any agreement in the offer and/or order confirmation on the manner of transport, MARIA LAYLA has the choice in respect of the carrier and the goods are in any case shipped for the account of the client. The delivered goods remain the exclusive property of MARIA LAYLA until full payment by the client of the full purchase price, interest and costs. Nevertheless, the risk relating to the goods is transferred at the moment of delivery.

4. Points of sale-sales prices client

The client commits to only sale in the point of sale, as indicated in the agreement. The client commits to hold the sales prices, as mentioned by MARIA LAYLA. Any infringement by the client on article 4 gives rise to the payment of a lump sum compensation of 3.000,00 € per infringement, without prejudice to the right of MARIA LAYLA to dissolve the agreement and to claim a compensation for all its damages.

5. Prices and payment conditions

All prices stated by MARIA LAYLA are exclusive VAT and transport costs. All invoices must be paid cash and without any discount in our warehouses, unless any other written agreement. Any goods, which are delivered to the client via transport, shall be paid cash on delivery, unless any other written agreement. In the event of non-payment or incomplete payment on the due date, the client shall pay, without any prior notice of default being required and by operation of law, a lump sum compensation fixed at 10% of the invoice amount with a minimum of € 100.00 and a default interest from the due date equal to 12% per annum. In the event of non-payment on the due date, all other unpaid invoices shall become due immediately. MARIA LAYLA is entitled to suspend or terminate all other orders of the defaulting client until full performance of the obligations of the client. 

Any complaints with regard to the invoices of MARIA LAYLA shall be formulated in a motivated way and by registered mail within 10 days following the invoice date.

6. Cancellation by the client

Any possible cancellation of the agreement by the client shall take place no later than 7 days following the conclusion of the agreement. In case the cancellation takes place later than these 7 days, the client shall owe a lump sum compensation of 30% of the purchase price, without prejudice to the right of MARIA LAYLA to claim a compensation for all its damages.

7. Defects-liability

Any complaints with regard to visible defects and non-conformities shall be addressed to MARIA LAYLA in writing by registered mail and no later than 5 working days after delivery on penalty of expiration and prior to any handling or use of the delivered goods by the client. Any complaints with regard to hidden defects and hidden non-conformities shall be addressed to MARIA LAYLA in writing by registered mail and no later than 6 months after delivery on penalty of expiration. At all times the liability of MARIA LAYLA for visible and hidden defects and visible and hidden non-conformities of the delivered goods is limited to (1) the substitution of the good or (2) the repair of the same or (3) repayment of the purchase price of the sold and damaged goods, as figuring on the invoice. MARIA LAYLA is never liable for any indirect, special, incidental, punitive damage , consequential damage such as but not limited to transport costs, travel and accommodation costs, loss of profit, business interruption.

8. Applicable law and jurisdiction

Any disputes between MARIA LAYLA and the client are governed by Belgian law. In all disputes, the courts of the district Antwerp (Belgium), department Antwerp, or the courts in the place of residence of the defendant have exclusive jurisdiction, this to the discretion of the claimant .

9. Force majeur

MARIA LAYLA is not liable for the failure to perform any agreement with the client, or to perform it in time or completely, if this is due to force majeure such as, inter alia, social disputes, fire, mobilization, seizure, embargo, war, uprising, shortage of means of transport, scarcity of raw materials, restrictions in energy use.