Privacy Declaration and General Sales Terms

Article 1: Scope and Enforceability of General Sales Terms

1.1. The present general sales terms govern the online sales made by Mary S.A./N.V., headquartered at 1083 Ganshoren, Avenue de Rusatira 12, hereafter the “Seller,” to the natural person or legal entity on the person or entity’s own behalf or on behalf of a third party, for either business or private purposes, hereafter the “Customer”. The present general sales terms are made known to all Customers to allow them to place orders and are accepted by him by the sole fact of placing the order.

1.2. The parties explicitly agree that the present general terms shall apply to their business relationship, subject to any waivers that they explicitly agree to in writing. Thus, in the absence of explicit acknowledgement, any counterprovision suggested by the Customer shall not be enforceable with respect to the Seller, regardless of when the latter may have been made aware thereof.

1.3. The Seller reserves the right to change its general terms without personally informing the Customer and without the latter having recourse to any compensation. Any change is immediately applicable and applies to every  order after the change has been made public. It is therefore the Customer’s responsibility to periodically verify whether any changes have been made.

Article 2: Order Intake and Confirmation

2.1. Anyone age 18 and up may place an order. The Customer shall fill out the order form accurately and fill in the various fields (address, delivery address, payment method).

2.2. After each order the Customer receives a confirmation of his or her order. This confirmation is not an acceptance by the Seller. The acceptance of the Seller of an order only derives from  an explicit acceptance of the order (which differs from the order confirmation sent by mail) or by delivery of the order. Orders may be partially accepted. Acceptance of a part of the order (for instance, by partial delivery) doesn’t mean that the rest of the order has been accepted. All the information in other documents like flyers, catalogues, etc. is only indicative and doesn’t constitute a binding sales offer.  If the order could not be accepted, the Seller commits itself to inform the Customer within two (2) business days following the order request.

2.3. Since the products offered by the Seller on the site www.mary.be are food items that may be perishable or expire quickly, the Customer shall not enjoy the usual right to cancel the order within 15 days.

Article 3: Price

3.1. The prices for various products are shown in Euros (€), VAT included. The prices shown do not include shipping costs. The Seller reserves the right to change prices at any time and price changes will apply for each order acceptance after the change has been published. In case of price change between the order request and the order acceptance, the order may still be cancelled by the Customer without additional costs.

3.2. The delivery costs are specified separately during the ordering process, and must also be paid for at the time of the order. In the order confirmation, the total amount constitutes the definitive price, reflecting all included taxes and fees. The shipping rates depend on the destination, as well as the package weight and volume. They include the cost of preparing the shipment and the shipping expenses themselves. For additional information on these rates, you can contact us at export@mary.be.

3.3. Customs duties: all orders placed on the www.mary.be website and delivered outside of Belgium may be subject to additional taxes and customs duties collected when the package arrives at its destination. These customs duties and additional taxes associated with the delivery of an item shall be covered exclusively by the Customer and are the latter’s responsibility. The Seller is not obligated to verify or inform the Customer of applicable customs duties and taxes. The Seller recommends that Customers contact the competent authorities in their respective countries to find out about such charges.

Article 4: Methods and Proof of Payment

4.1. Payment shall be made online using the following payment methods: BANCONTACT, MASTERCARD, VISA. Once the payment of an accepted order is verified, the Customer will receive an email confirmation that payment was received, sent to the email given in the order form.

4.2. Invoicing shall be done in Euros, subject to the 6% Belgian value-added tax (VAT). The total charged to the credit card used will depend on the Euro exchange rate as of the charge date and any exchange fees charged by the bank that issued the card.

4.3. To be accepted and delivered, the order must be paid for in full. Unpaid orders will be recorded, but cannot be delivered. Once the debit authorization is sent by the payment verification and validation organization, the order will be executed The Seller reserves the right to suspend fulfillment of any order in the event of non-payment or if authorization for the credit card payment is refused by accredited bodies. If necessary, the Seller may annul the salebecause of non-payment.

4.4. When handling your payment transactions on www.mary.be, INGENICO employs the highest market standards for security, such as the SSL encryption protocol, which automatically verifies access rights during credit card payments and encrypts all interactions to ensure privacy.

Article 5: Order Processing and Delivery

5.1. Orders are processed Monday through Friday, except holidays. Packages are shipped from Belgium within 1-15 days of when the order is paid, except under force-majeure circumstances.

5.2. The Seller is not responsible for circumstances outside of its reasonable control, including, but not limited to, natural disasters, explosions, floods, war or civil disorder, inability to obtain supplies, strikes, union actions or stoppages, or other force-majeure events.

5.3. The delivery date is provided for reference purposes only. Failure to deliver by that date shall in no event authorize the Customer to claim any compensation or interest payments, or to cancel the order.

5.4. Products purchased on www.mary.be will be delivered to the delivery address indicated by the Customer. The Seller shall not be responsible for the consequences of errors made by the Customer once it has accepted the order (see Article 2, clause 2.1).

Article 6: Claims

6.1. Upon receipt of the products, the Customer must ensure that the delivery matches the corresponding order. Any possible apparent defect or shortcoming  must immediately be recorded in dated and signed notes on the delivery slip.

6.2. Any apparent or hidden defect must be made in writing within forty-eight (48) hours  after receiving the order or if not apparent at the moment of the delivery, within forty-eight (48) hours after detecting it but 15 days after the delivery at the latest:
- By registered mail: Mary S.A./N.V. - 12, avenue de Rusatira - 1083 Bruxelles - BELGIQUE
- By email, via the form on the “Contact” page or directly to export@mary.be

6.3. Such claim must be justified and accompanied by proof of the damage (transport letter, photo of package received, etc.). The Seller will only make up for correct claims by reimbursing the sales price or by delivering a new of similar product.

Article 7: Intellectual Property Rights

The modification, copying, dissemination, transfer, reproduction, or publication of any data or material found at www.mary.be is prohibited, as is its use in derivative works. All drawings, trademarks, illustrations, images, or emblems that appear at www.mary.be or on the Seller’s products, accessories, or packaging are covered by intellectual property rights and remain the Seller’s exclusive property. Their reproduction, in whole or in part, for whatever reason or purpose, is strictly prohibited.

Article 8: Limitation of Liability

8.1. The products offered adhere to current Belgian and European law. 

8.2 The Seller shall not be in any way liable for consequential damage as a result of its agreement with the Costumer, such as, but not limited to, operating loss; lost profit, opportunity, output, business, or clients; reputational damage; damages; or expenses. The Seller’s liability is in any case limited to the price of the products concerned and maximum to the amount for which Mary is ensured, that is 10.000 EUR by claim.

8.3 The Seller is not responsible for interruptions to the availability or access to the www.mary.be website, for disruptions arising from the computer system, or for viruses or other nuisances that may arise from using the www.mary.bewebsite.

8.4. The Seller cannot be held responsible for failing to meet deadlines, no matter what they may be, as it is a given that deadlines are given for reference purposes only and do not constitute a definite obligation on the part of the Seller.  

Article 9: Ownership and Risk

The Seller retains complete ownership over products sold until the Customer pays the purchase price in full.The Seller reserves the right to demand that unpaid goods be returned. The Customer assumes all risk once the delivery is complete.

In case of non-payment of any order the Seller reserves the right to suspend or cancel further orders.

Article 10: Privacy Protection

10.1. The Seller respects your privacy and commits itself to protect your personal data as provided by the European Regulation 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 (GDPR) and the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.

You communicate the following data:

Without any registration or order on the website: your IP-address and cookies by means of Google Analytics;

By ordering or by filling in the contact form: your gender, family name, first name, email address, phone number, delivery address, firm and VAT number (if necessary) when you place an order online. 

Furthermore the Seller can possibly collect other data i) by using cookies (see hereunder); ii) when you provide personal data to use the website; iii) when you provide personal data that are needed for the execution of an order for a third party involved or on the third party’s request.

10.2. The Seller commits itself not to disclose to third parties the personal data provided by the Customer under any circumstances. The provided information shall only be used for internal purposes, such as:

• Order management
• Invoicing
• Customer service
• Solvency 
• Marketing or personalized advertising for Mary’s products
• Statistics and market survey

Above mentioned information can be passed on anonymously to organizations that are contractually bound to the Seller for market survey. Above mentioned information can be handed on to partners which marketing or personalized campaigns lead for Mary’s products on the Seller’s request.

Above mentioned information can be handed on to financial institutions which are responsible for the chosen payment method.

The Seller must sometimes meet a judicial order or another compelling law or regulation and then disclose personal information. The Seller shall reasonably try to inform you in advance, unless this is subject to legal limitations.

The Seller holds the information for no longer than necessary for the purposes and in any case no longer than 7 years.

10.3. The Customer who has placed an order at www.mary.be can at any moment view his/her personal data saved by the Seller, have them corrected or deleted.  This can be done by sending an email to export@mary.be or by sending a letter to the Seller at the address specified in Article 1.1 of the present General Terms. The Customer recognizes that by refusing to communicate personal information or by requesting the removal of personal information, some services may not be delivered.

10.4. Finally you have the right to send a claim to the Belgian Data Protection Authority headquartered rue de la Presse 35 in 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35; www.dataprotectionauthority.be which is competent for privacy and data protection regarding the handling of your personal data.

This doesn’t impede a provision before a judicial court.

Article 11: Cookies

What is a cookie?

A cookie is a small file holding data that is placed by a website on your computer or mobile when you visit this website. There are different types of cookies that fill different functions as specified hereunder.

Why does the Seller use cookies?

Webpages have no memory.  If you navigate on the same website, you will not be recognized as a single and unique person on those pages. The cookies  will allow your browser to be recognized by the website. They are thus mainly used to keep your choices and preferences in memory or to recognize you if you visit the same website again.

Cookies keep no personal information. They have a session number and capture other basic information about your visit.

What kind of cookies are used by the Seller on this website?

The cookies differ from one another by function, validity duration and third parties that they put on internet. There are different types of cookies:

• The technical cookies or the session cookies: these are used to view the website and to make the website work efficiently.  The cookies also allow you to create your order and an account, if necessary.  The technical cookies are totally essential to the good functioning of our website. They are used for different purposes like choosing your language. The session cookies expire after the browser session and are not kept for a longer time. The session cookies are used for security purposes and in order to save your specifications while you are navigating on the website so that your specifications are no longer needed to be read every time you visit a new page.
• Functional or permanent cookies: thanks to functional cookies, the website knows your preferences so that you can more efficiently use the website.  They know your language preference, your researches and the products you have viewed. These functional cookies are not necessary to the good functioning of the website but they offer additional functions and see to a user-friendly website. Permanent cookies are saved between browser sessions on the user’s machine in order to keep the user’s preferences or his/her search actions on all our sites.
• Analytic cookies: these cookies give perception of how visitors use the website to find out what really works and what doesn’t work, in order to optimize the website and to correct and to be sure that it is still interesting and relevant. The information that is collected consists in : the webpages you have visited, the webpages that drove you to our website and the webpages through which you have left our website, the kind of platform you have used, your date and time, and details like the number of clicks that you make on a specific page, your mouse and scroll moves and the text that you type when you use our website. The Seller uses also analytical cookies to analyse the visitors’ behaviour on the website after they have seen an online advertisement, including advertisements on third parties’ websites. The collected information are kept anonymous.
• Advertisement cookies : (third parties cookies) : the Seller uses sometimes third parties’ cookies to show advertisements from other websites or from the Seller on other websites. This is what one calls retargeting (or remarketing) based on the value provisions that you have made on our site. The advertisement cookies can also be used by third parties to offer products and services by means of their website.

What is the validation duration of the cookies?

We use cookies with a different validation duration.  Some cookies are 5 years valid from the date of you last visit on our website. However, you can delete these cookies from your browser at any time. If you choose to refuse some cookies, a certain number of functionalities will not be most efficiently working and/or it will not be possible to access them. After disconnecting and/or deleting cookies, you will continue to see advertisements  anyway but they will not be tuned to your previous use of the website.

More information on cookies on : http://www.allaboutcookies.org/

More information about online behavioural advertising and online privacy on : http:// www.youronlinechoices.eu/

Article 12: Applicable Law

Disputes relating to the conclusion, validity, interpretation, or execution of the contract, the use of the website or the present General Terms shall be governed exclusively by Belgian law and fall within the exclusive competence of the Dutch-speaking courts in Brussels, subject to the consumer’s right to bring the suit to a judge who has competence over the case on the basis of a mandatory legal provision. All the parties shall accept electronic evidence regarding their relationship (such as email messages, backups, etc.).

These General Terms were published in December 2018.