Terms and Conditions
Objective
This merchant site is accessible on the Internet at www.manexco.com (hereinafter the “Site”) and is open to any user of the said network (hereinafter the “Customer”).
The Site is published and managed by the company Manexco SA, registered in Belgium under the number BE0420.049.986. The registered office is located at
Avenue Thomas Edison 111
1402 Thines, Belgium.
Any order placed on the Site implies prior consultation and full and unreserved acceptance of these General Terms and Conditions of Sale (“GTCS”) which can be consulted on the Site. The GSC govern the relationship between the Site and any Customer making a purchase via the Site.
Manexco may modify the GSC without notice at any time. The GTC may not be modified by the Customer under any circumstances. The GTC in force are those published on the Site at the time the Customer places the order on the Site.
If one or more provisions of these GTC are invalidated by the application of a Belgian legal provision or a court decision, the other provisions will remain in force.
Customer
The Customer declares to have read and accepted these GTC before placing an order on the Site. To be able to place a valid order on the Site, the Customer must be at least 18 years old and have the legal capacity or be in possession of a parental authorization allowing him to place orders on the Site. The Site reserves the right to ask any Customer to prove his age or parental authorization, and not to honor the Customer’s order in case of default.
The Customer must have been registered with Manexco and have access to the secure area in order to place an order. Manexco reserves the right to accept or refuse access at its sole discretion.
The Site reserves the right to cancel any order deemed not to meet the above criteria, without however being held responsible.
Customer Account
The Customer must have access to the platform to place Orders on the Manexco Site. To request access, the Customer must be subject to VAT and be a professional in the footwear sector. Manexco reserves the right to accept or refuse any request for access unilaterally.
In the event of non-payment, exceeding the credit limit or any other dispute, Manexco reserves the right to unilaterally and definitively block the Customer’s access.
Any failure to pay or any circumstance which may indicate insolvency, such as a protest, seizure, suspension of payment or application for composition, will result in the immediate forfeiture of the terms granted to the Customer and the right for Manexco to terminate the orders in the course of execution by means of a simple letter or e-mail.
Manexco also reserves the right to pursue the Customer provided that he has provided sufficient guarantees as requested by us. In no case will the Customer be entitled to compensation. In addition, any advance payments made will be retained as compensation.
Bankruptcy entails the forfeiture of all terms and the cancellation of all orders in progress. Manexco is automatically and by right released from any obligation of delivery.
Products
The products sold by Manexco are those presented on the Site on the day of consultation of the Site by the Customer. The Site may in no case be held responsible if the illustrations are erroneous. Furthermore, the Site shall not be held liable if the descriptions of the products presented on the Site do not correspond to those delivered insofar as any errors do not affect the essential characteristics of the product.
The Site will inform the Customer of the deadline by which it undertakes to deliver the products selected by the Customer. The Site will honour orders placed by the Customer within the limits of available stocks. Manexco endeavours to present an up-to-date list of the availability of products on the Site.
In the event that, despite Manexco’s vigilance, one or more products ordered by a Customer are temporarily or permanently unavailable, or if the delivery time should exceed by more than seven (7) days the date indicated on the order (except in cases of force majeure), Manexco will inform the Customer by e-mail or by telephone. The Customer will then have the possibility to modify or cancel his order.
In the event of cancellation of an order due to a delay in delivery, the Customer will be required to express its desire to cancel or modify its order at the latest within fourteen (14) calendar days from the date indicated for the delivery of the order. In the cases provided for in this paragraph, Manexco undertakes to reimburse the Customer whose payment has already been debited as soon as possible and at the latest within twenty-five (25) days of payment. Manexco will not pay any compensation to the Customer in such cases.
Prices
The prices of the products presented on the Site are in Euros, excluding VAT. The prices displayed are the prices applicable to the Customer only, according to the commercial conditions in force for the Customer and agreed by Manexco.
Manexco reserves the right to modify the prices without prior notice at any time. The prices applicable to the Customer at the time of his order are those appearing on the Site at the time of validation by the Customer of his order on the Site.
Discounts will be applied to the order and displayed in the Customer’s shopping cart, if the Customer meets the applicable conditions to benefit from them and has correctly entered any promotional codes.
CAUTION: If the country of delivery is not part of the European Union, customs duties may be charged to the recipient. Manexco has no control over these charges which are the exclusive responsibility of the Customer and must be borne by the Customer.
Online Payment
No banking information is stored on our server: the input form is hosted directly by our partner bank, Stripe or PayPal. We thus guarantee a high level of security for all your transactions on the Site.
If the Customer pays for his order with a non-Belgian debit/credit card, this debit/credit card must be valid for international transactions. In addition, all commissions or other payment fees that may be charged to Manexco by its bank will be charged to the Customer.
The amount to be paid for the order is indicated to the Customer on the Internet page summarizing the items of his order. Before proceeding to the validation of the order, the Customer has the possibility to check online the details of his order and the total price and to correct any errors.
Payment is payable at the time of order by debit/credit card and Paypal. Only payments in euros (or converted into euros) are accepted.
The Customer guarantees Manexco that he/she has full rights to use the debit/credit card used to pay. In the event of the Customer’s bank refusal, Manexco reserves the right to cancel the dispatch of the order. All new orders placed by this Customer may be suspended or cancelled by Manexco.
Only the debit/credit cards mentioned on the site are accepted. When placing the order, the Customer must provide the Site with the relevant information on his/her debit/credit card which is requested (card number, expiry date, security code on the back of the card). Online payment is secure. The information processed is encrypted.
The Customer’s debit/credit card will be debited as soon as our bank confirms acceptance of the Customer’s payment.
The products remain the full and complete property of Manexco until full payment of the price of the products invoiced, including postage and taxes.
In the case of online payment, the payment is the last step in the validation of the order. The Customer may modify any of the items in his order at any time, as long as he has not confirmed the payment. When the payment is confirmed by the Customer, the order is validated and becomes firm.
The Customer will receive an e-mail from the Site at the e-mail address provided, acknowledging receipt and summarizing the items of the order he has placed.
Payment by Invoice
The Customer may benefit from the payment by invoice solution after delivery if he/she meets the acceptance criteria determined by Manexco. In this case the payment is payable afterwards. Only payments in Euros (or converted into Euros) are accepted.
The amount to be paid for the order is indicated to the Customer on the Internet page summarizing the items in his order. Before proceeding to the validation of the order, the Customer has the possibility to check online the details of his order and the total price and to correct possible errors.
Invoices are payable on their due date and in Brussels. The issuance of bills of exchange does not imply any derogation to this provision. Our representatives are not authorized to receive payments intended for our company. As an exception to Article 1289 of the Civil Code, no compensation can be made between a credit note of which the buyer would be the beneficiary and an invoice for which he would remain indebted to our company.
The products remain the full and complete property of Manexco until full payment of the price of the products invoiced, including postage and taxes.
If the Customer pays by subsequent invoicing, the validation is the last step in the validation of the order. The Customer can modify at any time any of the items in his order, as long as he has not validated his order. When the order is confirmed by the Customer, it becomes firm.
The Customer will receive an e-mail from the Site at the e-mail address provided, acknowledging receipt and summarizing the items of the order he has placed.
Any failure to pay an invoice by the due date will result in a late payment interest of 12% per year, it being understood that any month started will be counted as a full month. Late payment will also give rise to a fixed compensation equal to 10% of the amount paid with a minimum of 250.00 EUR.
Delivery
Upon confirmation of the Customer’s Order, Manexco will process the order within the limits of available stocks. Orders are delivered to the delivery address indicated by the Customer when placing the order on the Site.
Delivery of orders is ensured by DPD, DHL, GLS or by the Belgian Post Office. Delivery times may vary depending on the time of the Customer’s order and the destination of the parcel. As Manexco has no control over these delivery times, the payment of any penalties or indemnities to the Customer by Manexco will not be accepted for this reason. Conversely, the Customer is entitled to cancel his order under the conditions provided for in these GTC.
If, in spite of everything, it proves impossible to carry out the delivery or if the Customer refuses to accept the said delivery, the parcel will be returned to Manexco. The ordered products will be reimbursed (by credit on the bank card used at the time of the order or credit note) within twenty-five (25) days at the latest from the return of the package to Manexco.
If the parcel arrives to the Customer damaged or opened, the Customer must refuse the delivery by the deliveryman by informing him of the damage noted and by claiming the anomaly. All package deliveries accepted by the Customer are deemed to be free of defects attributable to the delivery.
The Customer has a period of eight days from the date of delivery to send us his complaints. After this period, the goods are considered as definitively approved. Complaints must be in writing and must be justified. They do not authorize the buyer to suspend payments or to return the goods to us unless he has previously received our agreement. In this case, he will have to send it back to us within 48 hours following our approval at his own risks and expenses, in new condition and in its original packaging.
Delivery time
The delivery time is based on the processing time of Manexco, the shipping service and the moment Manexco receives the order. By knowing the estimated delivery time, you can determine how long it will take to receive your item.
The delivery times that we indicate are given as an indication only. Exceeding them does not give the Customer any right to cancel the contract unless the Customer has given us a reasonable final deadline in writing and has notified us of his intention to cancel the contract in the event of persistent delay beyond this final date.
Customs
Customs clearance, where applicable (outside the EU), is carried out by DHL/DPD/GLS prior to the physical arrival of the goods.
Payment Confirmation
A payment is considered confirmed once the amount of the purchase has credited the account of Manexco SA. If the Customer uses PayPal or Stripe, the payment will be confirmed immediately. However, if the Customer uses bank transfer as a payment method, it may take several days (2-3 days) to validate the payment.
Guarantees
All the Products sold on the Site published and managed by Manexco benefit from the guarantee of conformity and the guarantee of defects.
Data processing and Freedom
The personal data communicated by the Customer and collected by Manexco at the time of the Customer’s order are obligatory and necessary for the processing and management of the order. Failure to provide this information would not otherwise enable Manexco to process the Customer’s order.
In accordance with the law, the Customer has a right of access, rectification, opposition and deletion of personal data concerning him/her with the Company.
Computer and technical problems on the Site
Manexco declines all responsibility in the event of interruption, malfunction or fraudulent intrusion on the Site.
Manexco may not be held responsible for any loss of data or files resulting from consultation of the Site. It is the Customer’s responsibility to make all necessary backups before placing an order on the Site.
Force Majeure
Manexco shall not be held liable in the event of total or partial non-compliance with the obligations of these General Conditions in the event of a case of force majeure.
Applicable law and jurisdiction
The present General Conditions are governed by Belgian law regardless of the country of delivery. In the absence of an amicable agreement which must be sought before any legal recourse, any dispute relating to the interpretation, execution or breach of the contract concluded between Manexco SA and the Customer, even in the event of multiple defendants, will be under the exclusive jurisdiction of the Belgian courts.