General conditions of sale
The site www.mahalo.be aims to offer for sale mainly natural and organic beauty and cosmetic care products (hereinafter referred to as “Products” or “articles”) exclusively to consumer and non-professional buyers.
Any purchase of items on the e-commerce site www.mahalo.be is subject to these General Conditions of Sale (“GCS”).
The buyer, prior to placing an order, declares that he has full legal capacity to enter into a commitment under these general terms and conditions of sale.
Art.1 - Purpose
The purpose of these general terms and conditions of sale is to define, exclusively by reason of the relationships they establish on the Internet network, the rights and obligations of the parties arising from the online sale of the products offered on the site.
These terms apply to online sales in Europe, to the exclusion of any other document, whether the buyer is a professional or a consumer.
The sale is concluded in French.
Art. 2 – Products/Prices
- Products : the products offered for sale by the seller are those that appear on the site, on the day of consultation by the user, within the limit of available stocks. Each product is accompanied by a description established by the supplier. The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colors. These products and services are offered within the limit of available stocks. If, despite its efforts, all or part of the items are unavailable, the seller will inform the buyer by email as soon as possible and offer the buyer the option of choosing between waiting or canceling the order for the unavailable items free of charge. The available items will be delivered normally.
- Prices : prices are indicated in Euros, and are valid in all countries in the Euro zone. They take into account any discounts and VAT, applicable on the day of the order. The prices applicable to the order are those in effect at the time of confirmation of the order.
- The buyer is advised to check the condition of the packaging and the goods upon delivery and to report any damage to MAHALO (info@mahalo.be) as soon as possible after the defect is discovered.
Art. 3 – Registration and validation of the order
The buyer, who wishes to purchase a product or service, must:
- complete the identification form on which he will indicate all the requested contact details;
- complete the online order form, providing all the references of the products or services chosen;
- validate your order after having checked it;
- make the payment under the conditions provided;
- confirm your order and payment.
All data provided and the recorded confirmation will constitute proof of the transaction. The confirmation will constitute signature and acceptance of the operations carried out.
The seller will communicate by email confirmation of the registered order.
Art. 4 – Delivery
The products ordered by the buyer will be delivered to the address provided by the buyer when ordering. The goods are transported at the seller's risk until the goods are delivered to the delivery address specified by the buyer. From that moment on, the buyer alone assumes the risks.
Shipping costs are the responsibility of the customer and are not included in the price of the products. They vary depending on the delivery methods, the weight of the order and the destination.
Delivery costs are indicated when finalizing the order.
Shipping
All orders placed on the site Before 12 p.m. Monday to Friday are shipped by us the same day, except on public holidays.
All orders placed on the site after 12 noon from Monday to Thursday are shipped by us the next day, except on public holidays.
All orders placed on Friday after 12pm, Saturday or Sunday are shipped on Monday morning, except public holidays.
Once your package has been handed over to the carrier, you will be given the option to track your package (by email or text message).
You will always receive an order confirmation by email: do not hesitate to check the "junk mail" box.
Rates and estimated delivery times
Country | Delivery Methods | Estimated Delivery Times | Shipping Costs | Free Shipping |
Belgium | Pick up in store | the same day* | free | |
Home delivery via Bpost | 1 working day | 5.50 € | from 55€ purchase | |
France | Delivery to Mondial Relay Collection Point | 5 working days | 6.00 € | from 55€ purchase |
Home delivery via Bpost | 1 to 3 working days | 12.50 € | from 110€ purchase | |
Luxembourg | Delivery to Mondial Relay Collection Point | 3 working days | 5.50 € | from 55€ purchase |
Home delivery via Bpost | 3 working days | 11.00 € | from 85€ purchase | |
The Netherlands | Delivery to Mondial Relay Collection Point | 5 working days | 6.00 € | from 55€ purchase |
Home delivery via Bpost | 1 to 3 working days | 11.00 € | from 85€ purchase | |
Germany | Home delivery via Mondial Relay | 6 working days | 9.50 € | from 85€ purchase |
Spain | Delivery to Mondial Relay Collection Point | 5 to 6 working days | 9.00 € | from 85€ purchase |
Portugal | Delivery to Mondial Relay Collection Point | 5 to 6 working days | 9.00 € | from 85€ purchase |
Italy | Home delivery via Mondial Relay | 5 working days | 12.50 € | from 110€ purchase |
Austria | Home delivery via Mondial Relay | 5 working days | 12.50 € | from 110€ purchase |
Swiss | Home Delivery | 5 to 6 working days | 20.00 € | from 180€ purchase |
*after receipt of the confirmation email
The shipping costs mentioned are valid for all orders not exceeding 10kg. For any order above this, please contact us via info@mahalo.be.
For any delivery outside the areas mentioned above, please contact us via info@mahalo.be for a tailor-made price offer.
Art. 5 – Right of withdrawal
The buyer has the right to withdraw from the contract within 14 calendar days from receipt of the order, without penalty and without giving any reason.
The 14-day period starts from the day the buyer receives the goods.
The buyer may submit his request:
- either by returning the withdrawal form provided by the FPS Economy ( https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf ) duly completed by email or by post to the following address: MAHALO SRL Rue de l'université 35 in 4000 Liège Belgium.
- either by sending a clear, unambiguous request (e.g. by telephone, email, letter, etc.).
He may request to obtain a refund of all payments received from the consumer, including delivery costs if applicable. The company will make the refund using the same means of payment as that used by the buyer for the initial transaction, unless the buyer expressly agrees to another means of payment and provided that the refund does not incur any costs for the buyer.
To reimburse the buyer, the company has a period of 14 days from the day after it is informed of the consumer's decision to withdraw. However, the company may defer reimbursement until the goods have been recovered, or until the consumer has provided proof of shipment of the goods, whichever is the earliest.
The buyer does not have a right of withdrawal, in particular for goods that deteriorate or expire rapidly or "the supply of sealed goods that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the consumer after delivery" (exception as formulated in the law in art . VI.53, 5° CDE ). ( https://www.europarl.europa.eu/news/fr/press-room/20110622BKG22276/droits-des-consommateurs-en-quoi-consistent-les-nouvelles-rules/1/les-exceptions-au-droit-de-retraction#:~:text=Seront%20exempt%C3%A9s%20du%20droit%20de,les%20fleurs%2C%20et%20des%20biens )
During the withdrawal period, the customer will take the greatest care of the products and their packaging. The customer will only unpack and use the products to the extent necessary to be able to judge whether or not he wishes to keep them. The buyer is requested to return the item(s) in their packaging and in their original condition. The buyer will be liable for compensation in the event of depreciation of the goods.
If the customer wishes to exercise his right of withdrawal, he will return the products to the following address: MAHALO SRL Rue de l'université 35 in 4000 Liège Belgium.
The return of the products must be made within a maximum period of 14 days, starting the day after the buyer notifies the company of his decision to withdraw. The buyer will have to bear the costs of returning the goods in the event of withdrawal.
Art. 6 – Payment
To pay for his order, the buyer has the following payment methods available:
- Bancontact
- Visa
- MasterCard
They are also indicated when placing an order.
Online payment allows the buyer to pay for their order via the Mollie platform on Shopify, in a secure environment. The order validated by the buyer will only be considered final when the bank payment center has validated the transaction.
MAHALO reserves the right to cancel or suspend any order and/or delivery in the event of refusal of authorization of payment by bank card by the buyer's banking establishment or in the event of an existing commercial dispute with the buyer.
Any order implies a contribution to the shipping costs referred to in art. 2.
The items ordered remain the exclusive property of MAHALO until full payment of the order by the buyer.
Art. 8 - Clauses applicable to personal data
The buyer's personal data is processed in accordance with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data.
All personal data that the buyer transmits to us are considered confidential and are only kept and processed within the framework of the relationship between him and our company. They will not be sold or made available to third parties without the buyer's prior consent. However, the data may be transmitted to a partner involved in the context of our legal obligations or in the processing of the transaction with the buyer (for example: our accountant, our supplier, a subcontractor, etc.).
We undertake to take the best security measures to prevent unauthorized third parties from having access to personal data that the buyer has communicated to us.
The buyer always has the possibility to know his personal data that is in our possession and to request that it be modified or deleted to the extent of compliance with our legal obligations regarding the retention of data relating to commercial transactions. For any information on this subject, please send your request to our head office.
Art.9 – Intellectual property
All elements of www.mahalo.be are and remain the intellectual and exclusive property of the latter.
No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio.
Any simple or hypertext link is strictly prohibited without the express prior written consent of the seller.
Art.10 - Miscellaneous
- Liability : In the event of non-performance, MAHALO shall not be held liable if the non-performance of the sales contract or its poor performance is attributable either to the buyer, or to the unforeseeable and insurmountable act of a third party not involved in the sale, or to a case of force majeure. Furthermore, MAHALO shall not be held liable for any damage whatsoever, direct or indirect, resulting from the use of the item sold. MAHALO is in no way liable for interruptions in access to its site and the consequences that may result from them.
- Force Majeure : the seller shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure, in particular the presence of computer viruses, in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flood, fire, etc. Events meeting the criteria set out in case law will be considered as cases of force majeure.
- Partial invalidity : If one or more clauses of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, all other clauses shall remain valid.
- Entire contract : these general terms and conditions of sale and the order summary sent to the buyer form a contractual whole and constitute all contractual relations between the parties. In the event of a contradiction between these documents, the general terms and conditions of sale shall prevail.
- Modification of the General Conditions of Sale : Any modification of the General Conditions of Sale is binding on the buyer within 72 hours of their being posted online.
- Applicable law – Competent jurisdictions : these general terms and conditions of sale and the contractual relations between the seller and the buyer are subject to Belgian law. In the event of a dispute, only the courts of the judicial district of the seller's registered office, unless there are binding public policy provisions, shall have jurisdiction. The European Online Dispute Resolution (ODR) platform is made available by the European Commission to make online purchases safer and fairer by providing access to quality dispute resolution tools. This platform can be accessed via http://ec.europa.eu/odr .
- Legal guarantee of conformity of goods : Mahalo SRL is bound by the legal guarantee of conformity of consumer goods and is liable to the buyer for any lack of conformity which appears within two years from delivery of the goods.
The manager of the online sales site www.mahalo.be East:
MAHALO SRL
University Street 35
4000 Liège
Belgium
registered in the commercial register under number 07 50 544 329 and with VAT number BE 07 50 544 329 .
E-Mail: info@mahalo.be
Above called “the seller” or MAHALO.
MAHALO SRL
Version: June 2024