ARTICLE 1 - GENERAL PROVISIONS

1. 1. MO MADE, a limited liability company with its registered office at Reyndersstraat 37 2000 Antwerp  and with company number BE0542408261 is a specialty retailer of patisserie and related products.
   2. MO MADE offers customers the opportunity to purchase products online through its website www.momadecupcakes.be (hereinafter: webshop). MO MADE's terms and conditions shall apply to any order made through MO MADE's webshop on the website www.momadecupcakes.be. The terms and conditions form an integral part of the purchase agreement and govern the legal relationship between the parties. Unless expressly agreed otherwise in writing in the special conditions listed on the website, they cannot be deviated from. In case of special conditions, the latter shall prevail over the general conditions, which shall continue to apply for that which is not covered by the special conditions.
   3. By placing an order through the webshop, the customer declares to have read MO MADE's terms and conditions, including  its privacy policy and accept them in their entirety. By acceptance, the customer agrees to the applicability of these Terms, to the exclusion of all other terms and conditions, except where previously, in writing and expressly accepted by MO MADE.
   4. MO MADE's terms and conditions and privacy policy can always be viewed online at www.momadecupcakes.be.
   5. Should any situation arise which is not covered by the MO MADE General Terms and Conditions, it shall be interpreted in accordance with common law taking into account the spirit of these General Terms and Conditions. The possible nullity or invalidity of one or more of the provisions of these general terms and conditions shall in no way affect the validity of the other provisions, which shall remain in full force and effect.
   6. MO MADE reserves the right to change the terms and conditions at any time. Any changes will apply to any new order placed through the online store. For orders in progress at the time of modification, the terms and conditions in effect at the time this order was placed will continue to apply.

 

ARTICLE 2 - OFFER

1. 1. The offer in the webshop is valid while supplies last and may be changed by MO MADE. If the desired product is no longer available under the range in the webshop, the customer can always contact MO MADE. In case of (temporary) exhaustion of stock, MO MADE retains  reserves the right not to accept an order.
   2. Price quotations are always subject to change. In case of temporary offers with limited validity or special conditions, MO MADE will explicitly mention this in the webshop.
   3. MO MADE sees to it that the description and image of each product on the webshop are displayed as truthfully as possible. The product description always includes an indication of any substances present which may cause allergies and/or intolerances. In the event of any serious discrepancy between the goods and the description and/or representation, MO MADE shall notify the customer immediately and MO MADE reserves the right to abandon delivery subject to a refund of any amount already paid. MO MADE is hereby only bound by an obligation of means as to the accuracy and/or completeness of the information provided on the website and in the webshop and bears no liability for material errors such as typographical errors.

 

ARTICLE 3 - ORDERS

1. 1. Orders placed by the customer are final only upon receipt of an order confirmation by MO MADE. Changes to a placed order shall only be possible upon contact and written confirmation by MO MADE and, given the nature of the products offered, shall depend (but not be limited to) the nature of the changes required and the stage of production at which the order is currently in.
   2. MO MADE delivers its products only in following countries: Belgium and the Netherlands. If a different delivery address is provided during the ordering process, MO MADE reserves the right to abandon or refuse delivery of the order.
   3. Payment shall be made in advance in accordance with Article 6. Orders shall only be prepared once MO MADE has received approval of the payment transaction. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
   4. Cancellation of the order is possible only to the extent that the order has not yet been processed by MO MADE.

 

ARTICLE 4 - PERSONALIZATION

1. 1. Personalization is possible for the following products: cupcakes, cakes, macarons, cookies, chocolate pralines or pastries and only for orders of a certain size. For more information about the possibilities of personalization you can always contact MO MADE.
   2. An additional cost is charged for personalizing the aforementioned products. The rates for this are always communicated to the customer prior to completing the order.
   3. The customer, to the exclusion of MO MADE, is responsible for the accuracy and completeness of information provided to personalization. In the event of discrepancies in the information provided, the customer shall bear all expenses that may result.
   4. In the case of a personalized order, MO MADE reserves the right not to accept the order at any time. This can be done if MO MADE deems the request not technically feasible or if it is inconsistent with MO MADE's values and standards. MO MADE will notify the customer within 24 hours of receipt of the order.

 

ARTICLE 5 - REPRESENTATION

1. 1. By placing an order in the webshop, the customer commits himself definitively. Any person or company that places an order on behalf of third parties or with the request to invoice them to third parties makes a commitment to these third parties in accordance with article 1120 (old) B.W. and will be personally liable for payment.

 

ARTICLE 6 - PRICES AND PAYMENTS

1. 1. The prices listed in the webshop are displayed in euros (€) and are always inclusive of VAT (21%) and exclusive of other costs (including handling and shipping costs), unless explicitly agreed otherwise.
   2. From the moment an order is placed by the customer and confirmed by MO MADE, there is an obligation of payment on the part of the customer.
   3. The prices and purchase terms used by MO MADE are those as posted in the web shop at the time of order. Associated photographs are for illustrative purposes only and may include elements not included in the price.
   4. Orders are payable in cash, with all payments to be made at the address of MO MADE's registered office.
   5. Orders in the web shop must be paid in full when completing the ordering process. This payment may be made by any of the methods shown during the ordering process. MO MADE accepts the following methods of payment: Bancontact Mister Cash, Maestro, Mastercard, Visa , iDEAL.

 

ARTICLE 7 - DELIVERIES

1. 1. Shipping of products is possible in cases where it is explicitly indicated during the ordering process.
   2. Shipping costs may vary depending on the size of the order and place of delivery and are always posted in the web shop.
   3. Shipments and deliveries are made only within Belgium and/or the Netherlands.
   4. Orders are always delivered on the date indicated. The delivery period is always indicative and depends on the concrete circumstances (e.g., size of the order and availability of drivers). Exceeding the indicated delivery date shall in no case give rise to compensation or the right to abandon the order.
   5. Orders can also always be picked up at the address of MO MADE's registered office (Reyndersstraat 37 2000 Antwerp). This is only possible during opening hours, which are always available on the website www.momadecupcakes.be.
   6. Orders not picked up within the three days will be
      destroyed, without any right for the customer to a refund of payment.
   7. Products eligible for shipment or delivery are always transported refrigerated under isothermal packaging so that the quality of the products is maintained as best as possible. MO MADE is not responsible for changes in quality resulting from late pickup or acceptance by the customer.

 

ARTICLE 8 - CONSUMER RIGHT OF WITHDRAWAL

1. 1. The customer has a legal cooling off period of 14 calendar days from the day after receipt or delivery to cancel the order without giving any reason. At the customer's request, MO MADE shall provide the necessary forms for this purpose.
   2. However, the above right of withdrawal does not apply to personalized orders, orders containing perishable goods (food) with limited expiration dates, sealed goods or to orders placed by the customer in a professional capacity and/or for professional purposes.
   3. In case of revocation, the return expenses shall be borne by the customer. The customer is solely responsible for transportation and any loss or damage.
   4. Returned goods must be in impeccable condition and will only be accepted if returned unused in their original packaging accompanied by proof of purchase. In case of use,  damages or absence of proof of purchase and packaging, the right of revocation shall lapse.
   5. MO MADE will refund the purchase price of the returned goods within 14 calendar days of receiving the return.

 

ARTICLE 9 - LIABILITY

1. 1. The customer agrees to check his/her order thoroughly upon receipt. Visible defects, quality or other shortcomings in the products or service must be reported in writing (info@momadecupcakes.be) to MO MADE without delay and at the latest within 24 hours of receipt, under penalty of forfeiting any right to a refund.
   2. MO MADE always provides appropriate warning when its products contain ingredients which may cause an allergic reaction or intolerance. The customer should contact MO MADE prior to ordering in case of any known allergy, in case of doubt as to whether the desired products contain certain ingredients. MO MADE bears no liability for any allergic reactions to ingredients or food intolerances that may occur.
   3. MO MADE provides its web shop and endeavors to provide periodic maintenance so that connections are as error-free as possible. Therefore, access to the online store may occasionally be limited or suspended for improvements and/or maintenance. The commitment regarding the management of the web shop is an obligation of means.
   4. Subject to any express provision to the contrary in these Terms and Conditions, both MO MADE's contractual and extra-contractual liability to the customer shall be limited to the liability mandatorily imposed by law and shall in any event be limited to the lesser of (1) the respective invoice amount (excluding VAT); (2) the amount MO MADE receives from its insurer under the Civil Liability policy entered into by MO MADE under the respective liability case.
   5. In the event of an attributable failure, MO MADE's liability shall always be limited to the amount effectively paid on the last order placed.
   6. The customer acknowledges and accepts that MO MADE may also assert against the customer the exceptions and exonerations that a manufacturer or supplier with whom it cooperates, if any.

 

ARTICLE 10 - FORCE MAJEURE AND RIGHT OF TERMINATION

1. 1. MO MADE reserves the right in the event of any unforeseeable and non-attributable event, including supplier supply problems, legal obligations, epidemic, pandemic, wildcat strikes, embargoes, technical failures, network failures, etc., to suspend the execution of the order or terminate the contract without judicial intervention upon simple written notice and subject to refund of any amount paid, but without any obligation to pay damages. MO MADE reserves the right to make partial deliveries in such case, which will be deducted from the amount to be refunded.
   2. MO MADE  reserves the right to cancel the order by operation of law and without prior notice if there are objective reasons indicating a risk of insolvency or non-liquidity on the part of the customer, including bankruptcy, apparent insolvency and so on.

 

ARTICLE 11 - EQUIPMENT RENTAL

1. 1. The rental of equipment is entered into under the conditions set forth below, unless otherwise agreed to in writing by the parties.
   2. The rental is always entered into for a period of up to four consecutive calendar days.
   3. In case of late return of the rented equipment, compensation will be charged in the amount of 10% of the invoice amount per day that the rented goods are returned late.
   4. When renting equipment, a rental deposit of 100 euros is always charged.
   5. The rental starts from the day on which the equipment is made available to the renter, or to the transporter appointed by the renter.
   6. The rental ends on the day of return of this material to MO MADE's depot, regardless of whether the renter returns the rented material himself, or the rented material is signed out by the renter and then picked up by MO MADE.
   7. Failure to pick up rented materials on the agreed date at the start of the rental period shall in no way imply that the renter is not obliged to pay compensation corresponding to the agreed duration of the rental agreement, or in the absence of an end date, compensation corresponding to the damage actually suffered by MO MADE.
   8. Pending collection of the rented material by MO MADE, the material must be secured by the renter against theft and vandalism. I.e., the hirer shall ensure that the material is stored in a locked place at all times. In the absence of a locked place in the vicinity, the lessee should provide all possible safety measures so that the rented equipment cannot be stolen or damaged by vandalism. The risk of disappearance due to theft or damage rests with the lessee until the moment of collection.
   9. The lease shall be deemed terminated in the event of:

• Failure or disappearance of the tenant's legal entity;
• Serious fault or default on the part of the tenant;
• Violation of general rental conditions;
• Failure to meet payment obligations.

1. 1. Except if the renter voluntarily returns the good, MO MADE shall have the right to recover the rented materials from the place where the materials are stored without demand or judicial authorization. The renter shall also be liable to pay the remaining rental price (up to the scheduled end of the contract), as well as any material damage to the rented material and loss of income during the period of repair or replacement, plus liquidated damages equivalent to the rental price of the material in question for 14 days. If in reality MO MADE's damages are even higher, the liquidated damages may be increased to the actual damages suffered by MO MADE.
   2. MO MADE remains the owner of the rented materials. Ownership is never transferred to the renter, except by express written agreement. Any failure to return a rented item will be considered an abuse of trust.
   3. The lessee is obliged to immediately notify MO MADE of any change in its corporate form, seat, activities, as well as any failure of the lessee's legal entity. The hirer shall also immediately notify if third party creditors have seized the rented materials or if the materials are the subject of a judicial seizure. In this case, the renter shall also notify the creditors/curator of the rental contract and MO MADE's retention of title.
   4. Damages caused to the rented goods during the rental period are the sole responsibility of the hirer (including theft and vandalism). The hirer shall be liable to compensate MO MADE for the loss caused by damage, destruction, loss or disappearance of the material. The loss shall consist of the repair of the material damage (including depreciation), the replacement of the lost or destroyed material, as well as all damaging consequences resulting from the damage, destruction or disappearance of the rented material. In this case, the lessee must also be responsible for the loss of rental income from the moment when the damage occurred until the moment when the material (or the replacement material) can be used for renting again.
   5. The Hirer shall not be able to invoke third party fault or force majeure against MO MADE. The renter shall be required to properly insure the rented property for all possible risks and shall specifically name MO MADE as co-insured.
   6. The renter will also be liable for all damages caused to third parties. The renter will indemnify and hold MO MADE harmless if he is sued by third parties due to damages caused by the rented equipment during the rental period of the renter.
   7. The renter is responsible for any risk and liability arising from the transport of the rented equipment if this transport is carried out by the renter himself. The renter declares to be aware of the specifications (weight, size, ...) of the rented material and is responsible for the correct compliance with the applicable highway code and regulations concerning the transport of the rented materials.
   8. At all times, the renter is obliged to notify MO MADE of any damage, destruction or disappearance of the delivered items within the shortest possible period of time.

 

ARTICLE 12 - PRIVACY AND DATA PROTECTION

1. 1. MO MADE recognizes the importance of secure processing of personal data in accordance with prevailing national regulations, as well as Regulation (EU) 2016/679 and endeavors to comply with them.
   2. During the ordering process in the webshop, the following information is requested: name, first name, country, address, phone number, mail address, payment card details and/or VAT number. This information is necessary for MO MADE to fulfill the order. The personal data collected by MO MADE will only be used to keep the customer informed of the order, delivery, as well as any targeted purpose for which the customer has explicitly consented. MO MADE acknowledges that it will process the personal data confidentially for the benefit or on behalf of the customer. No further personal information will be processed without MO MADE obtaining the necessary consent.
   3. Except as provided by law or in cases of extreme necessity, under no circumstances will personal data be transmitted to third parties except with the express prior written consent of the customer or when MO MADE engages third parties to produce or deliver the order. In such case, MO MADE shall ensure compliance with the relevant laws by such third parties.
   4. MO MADE undertakes to take the necessary technical and organizational measures to prevent the loss or any other form of unlawful processing of personal data, taking into account the state of the art, the sector involved and the nature of the processing.
   5. In order to ensure the security of your personal data, the webshop is provided with an SSL certificate, which encrypts the personal and transaction data transmitted to MO MADE. Payments are made using the online payment service Mollie.
   6. The information MO MADE collects for the purpose of handling the order may be accessed at any time upon written request to MO MADE (info@momadecupcakes.be).
   7. Personal data requested when completing an order will not be kept longer than necessary to complete the delivery of the order.

 

ARTICLE 13 - INTELLECTUAL PROPERTY

1. 1. All texts, illustrations, images and graphic designs remain the artistic and intellectual property of MO MADE and are protected by copyright. Any reproduction, in whole or in part, is strictly prohibited. MO MADE reserves the right to use custom or made-to-order products for reference and promotion.

 

ARTICLE 14 - DISPUTE RESOLUTION

1. 1. Only the Courts of the judicial district in which MO MADE's registered office is located shall have jurisdiction to hear any disputes arising from the order placed or the General Terms and Conditions, without prejudice to MO MADE's right to file a dispute in the court of the customer's domicile.
   2. These general terms and conditions and all actions resulting from them are governed by Belgian law and should be interpreted accordingly.