Terms and Conditions

Article 1 - Applicability

The Terms and Conditions detailed below apply to all orders placed with the company "Traore Zoumana Mama", known under the trade name "Mama Cold", for all products and services offered unless otherwise agreed in writing.
By placing an order, the purchaser acknowledges that he/she fully and unreservedly accepts these Terms and Conditions.
Any condition contrary to the present and stipulated by the purchaser will, in the absence of express acceptance formulated in writing, be unenforceable against the seller, regardless of the time at which it may have been brought to his attention.
The seller reserves the right to change its Terms and Conditions at any time. Nevertheless, current contracts shall remain subject to the conditions applicable at the time the sale was concluded.

Article 2 – Price

The prices of the products are indicated and expressed in euros including all taxe
The prices indicated do not include delivery costs or administration costs. The delivery costs are different depending on the type of product
The price is due immediately upon confirmation of the order.
A fee, at the μ’s expense, is payable for any product that is moved for testing

Article 3 - Terms of payment

All invoices are payable in full, net and without discount, unless otherwise agreed in writing.
In case of non-payment in full, a flat fee of € 15.00 (excl. VAT) for administrative costs will be charged.
Any invoice that is not contested in writing within ten days of receipt shall be deemed to be definitively accepted.
In the event of non-compliance with a due date, as well as in the event of any other delay in payment, the sums still owed by the client to the company shall be increased by an amount equal to 10%, with a minimum of € 50.00 (excluding VAT) by way of compensation, if these sums are still owed 15 days after the sending of a notice of default.
Unless otherwise agreed in writing, any advance payments made shall remain the property of the seller.

Article 4 - Order cancellation

Order cancellation by the seller

An Order may always be cancelled without charge by the Seller in the event of:

unavailability of the product(s) ordered ;
failure by the purchaser to pay the price of the order within the time limit set ;
force majeure (in particular: unforeseeable delays in deliveries).

Order cancellation by the purchaser

Any request order cancellation must be made before the delivery of the products to be taken into consideration and at the latest 2 hours after the registration of the Order. After this time, no cancellation will be possible.

In case of an order cancellation, the payment already made by the purchaser and collected by the seller will not be refunded.

Article 5 – Return and exchanges

Products sold will not be returned or exchanged.
In certain cases, the seller may accept to take back goods that have not been used or installed, provided that they are returned in their original packaging. A minimum discount of 15% will be applied.

Article 6 – Warranty

The warranty is :

one year on new packaged product
six months on second-hand products

This warranty provided by the seller only covers motor and thermostat problems.

The following are therefore excluded :

any direct or indirect damage caused to the device after delivery (e.g. by oxidation, shocks, falls, etc.);
the replacement of components or accessories that need to be replaced regularly;
damage caused by fire, water damage, lightning, accidents, natural disasters;
defects caused expressly or by negligence, by injudicious treatment, poor maintenance or abnormal use or by failure to comply with the instructions for use, by use for purposes for which the product is not intended.

The purchaser may no longer rely on the warranty if he has not fulfilled his contractual or financial obligations.
Interventions related to the warranty are carried out by the seller.
In the event of intervention by a third party not designated by the seller, the benefit of the warranty is cancelled. Any costs not covered by the warranty shall be paid by the purchaser.

Article 7 – Generality

Mama Cold's failure to avail itself of a provision of these Terms and Conditions, at a given time shall not be interpreted as a waiver of its right to subsequently assert its rights under the same.
The nullity, invalidity or unenforceability of all or part of one of the preceding or following provisions shall not entail the nullity of the whole of these Terms and Conditions. The provision that is wholly or partially null, void or unenforceable shall be deemed unwritten. Mama Cold undertakes to replace this provision with another that pursues, as far as possible, the same objective.

Article 8 - Applicable law and jurisdiction

These Terms and Conditions are governed and interpreted according to Belgian law. The French- speaking courts of the judicial district of Brussels shall have exclusive jurisdiction in the event of a dispute.
In case of contradiction between the English and French versions of these Terms and Conditions, the French version shall prevail.

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