1. General provisions

These general terms and conditions of sale shall govern the sale of Maison Hayoit featured on its website.

They also define the rights and obligations arising out of online selling.

They shall apply to all orders placed by a customer through the online store accessible on the Maison Hayoit website.

These terms and conditions, of which the customer acknowledges cognizance prior to the order, shall be accepted fully and entirely by the customer when placing an order on the online store.

The fact that the customer orders a product offered for sale on the Maison Hayoit online store shall entail full and complete acceptance of these general terms and conditions which the customer acknowledges to have read prior to his order by means of a "clickwrap agreement".

In any event, Maison Hayoit reserves the right to amend the general terms and conditions of sale at any time, without prior notice, but undertakes that the general terms and conditions applicable to the order shall be those accepted by the customer at the time of registration.

The general terms and conditions of sale shall be supplemented by the general terms and conditions of use and by a Privacy Policy. When creating an account prior to placing an order, the customer shall also be deemed to accept the general terms and conditions of use and the Privacy Policy by means of a clickwrap agreement at the indicated location.


2. Identity of the company

These general terms and conditions shall govern the online sale of products featured on this website by:

Maison Hayoit is a société anonyme [public limited company], having its registered office at 10 Rue de la Graignette, 1420 Braine l'Alleud, and registered with the Crossroads Bank of Enterprises (central business register) under number BCE 0414.501.190.

E-mail : info@hayoit.com




3. Product characteristics and availability
    
Maison Hayoit spares no effort to ensure that the information on products offered for sale on the online store is complete and truthful. Maison Hayoit will proceed to correct any omission or error.

Each product offered for sale on the online store shall be accompanied by the following information:

-    Name of the product,
-    Photo(s) of the product,
-    Description and composition of the product,
-    Size and colour available,
-    Washing instructions, where applicable,
-    Price.

Maison Hayoit also endeavours to present the colours of the products as close to reality as possible. The colours of photographs might however differ slightly, depending on the quality of the computer monitor. Maison Hayoit is consequently unable to guarantee that the colours of the items displayed on the screen are exactly the same as in reality, so they have no contractual value.

Orders placed through the online store shall be valid for as long as stocks last.

Maison Hayoit may change the products offered for sale at any time, depending on the constraints of its suppliers, without prejudice to orders placed by the customer.

The products shall be compliant with the Belgian legislation in force.
 


4. Creation of a customer account

Customers who wishes to place an order via the online store must first create an account.

The customer shall to that end complete the form for this purpose and provide the following information: forename and surname, e-mail address, invoicing information, delivery address, telephone number.

At the time of such registration, the customer is also deemed to accept the general terms and conditions of use and the Privacy Policy that supplement the general terms and conditions of sale by ticking as and where indicated.

    
5. Contract formation and order placement

When placing an order, customers shall select the items of their choice and indicate the size, colour and quantity desired. These items shall be added to the shopping cart.

They can then check the details of their basket to correct any errors.

The shopping cart shall contain the reference of the selected product, its name, size, the chosen colour and its price in euros, inclusive of all taxes (price including VAT). The customers shall be informed of the delivery charges when the order is confirmed.

Once the products have been selected and added to the shopping cart, the customers shall confirm the contents thereof and proceed to place the order by clicking the "order with obligation to pay" button.
The customers shall then be redirected to a page with the details of the selected products, their price with taxes and delivery charges concerned.
The customers shall indicate the place of delivery and invoicing of their choice. They may request that the invoice be sent to an address other than the delivery address. They shall also select the choice of payment at this point.

In order to confirm the order and make the payment, the customers shall have to accept the general terms and conditions of sale by ticking in the indicated place.

To make the payment, the customer shall confirm the order by clicking on the "pay now" button.

Any order placed shall consequently entail acceptance of these terms and conditions of sale, the general terms and conditions of use and the Privacy Policy, without prejudice to any special contractual terms and conditions that may be concluded by and between the parties.

Reception of the payment by Maison Hayoit shall conclude the contract. Once this step is validated, the sale shall be final subject to the exercise of the buyer’s right of cancellation set out in Article 9 of these terms and conditions.
Reception of the order shall then be confirmed without delay by Maison Hayoit by e-mail at the address indicated by the customer, with a summary of the order and the personal data provided. An e-mail will also be sent to the customer when the order is shipped.
In any event, Maison Hayoit shall undertake to process the order as promptly as possible.

Maison Hayoit nonetheless reserves the right to suspend or cancel the order or refuse the delivery thereof in case of non-payment, if the customer is a minor, or in case of erroneous address, fraud or attempted fraud relating to the use of the website, payment dispute with the customer in progress or any other problem with the customer's account, until such an issue is resolved.

In addition, if the customer should inadvertently have provided wrong information, Maison Hayoit may not be held liable for not being able to process and deliver the order.


6. Prices

The prices of the items featured on the online store shall be indicated in € (euros), inclusive of all taxes (VAT), but exclusive of delivery charges. The latter shall be indicated and invoiced in addition before the final confirmation of the order by the customer.

The applicable rates and taxes shall be those in force at the time the order is placed. Any change in the applicable VAT rate shall automatically be reflected in the price of products sold by Maison Hayoit on its online store.

Any order shall entail payment. Orders shall be payable in euros, inclusive of all taxes. Any bank charges shall remain the customer’s responsibility, including in the event of a refund.

Maison Hayoit reserves the right to change its prices at any time by posting them online.


7. Payment and procedures
Any order shall entail payment. Orders shall be payable in euros, inclusive of all taxes. Any bank charges shall remain the customer’s responsibility, including in the event of a refund.
Maison Hayoit shall remain the owner of the items ordered until receipt of full payment for the order.

Customers shall make payments using one of the following cards:
-    Visa ,
-    Mastercard,
-    Bancontact.

Customers shall guarantee to Maison Hayoit that they have the necessary authorizations to use the chosen method of payment and shall acknowledge that the information provided to that end constitutes proof of their consent to the sale as well as to the payment of the sums due for the order.

Maison Hayoit does not accept gift certificates or vouchers online. Customers with such vouchers are kindly requested to go to one of the physical stores.

Maison Hayoit uses a secure payment tool called STRIPE. The security of payment relies in particular on the authentication of the buyer and on the confidentiality of all data.

As part of the fight against Internet fraud, information relating to the order can be transmitted to any third party authorized by law or designated by Maison Hayoit only for the purpose of verifying the orders, the means of payment and the identity of the customer. Maison Hayoit may ask for identification data to that end.  
    

8. Delivery

Upon receipt of confirmation, Maison Hayoit shall spare no effort to deliver the orders to its customers as promptly as possible.

Deliveries are currently limited to the Belgian territory. The delivery time is approximately 3 to 5 working days (excluding Saturday, Sunday and public holidays) subject to availability of the items.

MAISON HAYOIT offers free shipping for any order as of €75. Below this amount, the delivery charges shall amount to €7.50.

The charges are subject to change without notice at any time. The applicable shipping charges shall be those indicated at the time the order is placed.

Products ordered by the customer in accordance with these terms and conditions shall be delivered to the delivery address indicated by the customer on the order concerned. The customers may also pick up their orders in one of the Maison Hayoit stores free of charge.

Maison Hayoit works with an external carrier (BPOST) and shall decline any and all liability in the event of late delivery, loss of parcels or anomaly concerning the package (damaged, open, etc).

If the parcel could not be delivered because the customer or the addressee of the order was absent, a delivery notice shall be left behind so that the parcel can be picked up at the post office indicated therein during a period of 14 calendar days.

If the package is not picked up within this period, it shall be returned to Maison Hayoit and customers shall be reimbursed, by any means, at the discretion of Maison Hayoit for the amount of their order, minus the delivery charges, and the sale shall be cancelled, which shall be expressly accepted by the customer under these terms and conditions.
    


    9. Exchanges and return

The product(s) must be returned within fourteen calendar days as of the date of delivery. Returns of products beyond this period shall not be accepted.

The return costs shall be borne by the customers.

Customers must use the original box to return the products. They shall also be required to return the item(s) unused, unwashed, and in their original packaging so that they can be re-sold. The price tag must be intact.

Maison Hayoit may withhold the reimbursement until it has received the product(s) or until the customer has provided proof of the return shipment thereof.

Maison Hayoit shall check the state of the returned items before proceeding to any reimbursement or exchange of size or colour.

Maison Hayoit shall reimburse the customer for all amounts paid following the purchase, including delivery charges for any order as of €75. Below this amount, said charges shall be borne by the customer.

Maison Hayoit shall proceed to the reimbursement within 14 days as of the date of reception of the return parcels, by the same method of payment as used at the time of purchase.

The expenses for the return of the parcel shall not be reimbursed, however.

The reimbursement shall be made on the account associated to the card used at the time of the initial purchase.

Customers or, where applicable, the recipients of the order shall return the product(s) ordered to the address of Maison Hayoit's registered office.

They may also return the product(s) concerned to one of the Maison Hayoit stores (Etterbeek, Uccle, Genval, Waterloo, Stockel, Wavre, Nivelles, Bascule), subject to producing proof of purchase of the returned product (for example an e-mail of order confirmation, invoice). The product(s) must be accompanied by the order number.

Any risk relating to the return of a product shall be assumed by the customer or the recipient of the order.

The customer shall indicate that the shipment is a return and the corresponding product(s).
Maison Hayoit shall initiate the return procedures once the package is received.

The exchange shall be valid for the same item only. If the customer wishes to exchange the item for another model, the item will have to be returned and a new order placed.

Customers shall indicate on the delivery note the size and/or colour of the items they wish to exchange.

If the size and or the colour is no longer available, Maison Hayoit will proceed with the reimbursement.

The exchange can be made in one of the Maison Hayoit stores in Belgium or by BPOST.

The exchange procedure shall be identical to the return procedure.


10. Proof

Communications, orders and payments by and between the customer and Maison Hayoit can be proven thanks to the databases that are kept in Maison Hayoit's computer systems in reasonable conditions of security. Purchase orders and invoices shall be archived on a reliable and durable medium which shall in particular be considered as a means of proof.


11. Guarantees
Maison Hayoit shall guarantee that the products or services are compliant with the contract in accordance with the law in force at the time it was concluded.
Its liability shall in any event be limited to the amount of the last invoice.
Customers who encounter a problem with one of the products are kindly requested to inform Maison Hayoit by sending an e-mail to info@hayoit.com. The customer will have to produce proof of purchase and dispatch the item to one of the stores or by post. Maison Hayoit shall then proceed to an internal verification and communicate its decision to the customer's email address.

12. Data protection
 
Maison Hayoit shall guarantee the protection of the customer’s personal data in accordance with the Privacy Policy posted on its website.

Maison Hayoit collects certain personal data such as forename and surname, postal address and e-mail address.

Such data are processed exclusively for internal purposes, e.g. so as to process the order optimally, improve customer relationship management and marketing service (user experience, statistics, ...), etc.

Maison Hayoit shall guarantee that this information will not be transmitted or sold to third parties.

Maison Hayoit thus undertakes to comply with the applicable legislation in this matter, namely the Protection of Privacy with Regard to the Processing of Personal Data Act of 8 December 1992 and Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.


13. Force majeure

If Maison Hayoit should be prevented, in whole or in part, from carrying out the order because of unforeseen circumstances beyond its control, it shall be a matter of force majeure.

In such a case, the processing of the order, in whole or in part, shall be suspended for the duration of the force majeure. Maison Hayoit shall inform the customer accordingly as soon as possible.

If the force majeure should last for more than 90 days without interruption, either party to the contract shall have the right to terminate said contract unilaterally, by means of relevant notice sent to the other party by registered letter.


14. Independence of the clauses

The illegality or total or partial nullity of any provision of these general terms and conditions of sale shall have no impact on the validity and application of the remaining provisions. Maison Hayoit reserves the right to replace the illegal or void provision by a valid provision of similar scope.


15. Applicable law and competent court

These general terms and conditions of sale shall be governed by Belgian law.
 
Any complaint by the customer concerning these general terms and conditions of sale shall be sent to Maison Hayoit by email at info@hayoit.com.

In the event of dispute where no prior amicable agreement is reached, the case shall be referred to the courts of the judicial district of the registered office of Maison Hayoit.