Terms of service

Your access to our website and the use you make of it are governed by the terms and conditions set out below.
We would ask you to read these terms carefully.
For any question, do get in touch at: hello@mardi-editions.com.

1. INFORMATION ABOUT MARDI EDITIONS

1.1. The site www.mardi-editions.com (the « Site ») is run and operated under the responsibility of: MAR & DI SRL (« Mardi éditions »), Rue du Page 15, 1050 Ixelles (Brussels), BELGIUM. Company number: 0715.781.212.

1.2. The Site is a platform for discovering, selling and buying womenswear and accessories online (the « Service »).

1.3. Any question or complaint concerning the Site, these terms of use (the « Terms of Use »), the terms of sale (the « Terms of Sale »), the privacy notice (the « Notice ») and the cookie policy (the « Cookie Policy ») may be addressed to Mardi éditions at the address above or at the following email address: hello@mardi-editions.com.

1.4. The Notice and the Cookie Policy referred to above are brought together in a single document, our privacy policy, available at any time on the Site. Questions about an order, a delivery or a return should go to shop@mardi-editions.com.

2. ACCEPTANCE

2.1. Access to the Site is subject to these Terms of Use, to the Notice, to the Cookie Policy and to applicable laws and regulations. Accessing the Site therefore implies full and unreserved acceptance by the user (the « User ») of these Terms of Use, of the Notice and of the Cookie Policy.
2.2. These Terms of Use, the Terms of Sale, the Cookie Policy and the Notice exclusively govern the relationship between the User and Mardi éditions concerning the use of the Site and of the Service. They can be consulted at any time on the Site.

3. AVAILABILITY AND OPERATION OF THE SITE

3.1. Mardi éditions will, as far as possible, keep the Site up to date and accessible to a normal number of Users. However, Mardi éditions does not guarantee that the functions of the Site will be available without interruption or error, that defects will be corrected immediately, or that the server making it available is free of viruses or other harmful components.
3.2. Mardi éditions cannot be held liable for any loss and/or damage, of any kind whatsoever, arising from the suspension, interruption, (technical) disruption, slowing down, difficult accessibility and/or termination of access to all or part of the Site, or from viruses or other harmful elements present on the Site.
3.3. If the User notices an error, a virus or other harmful elements on the Site, they are asked to report it to Mardi éditions at the following address: hello@mardi-editions.com, so that the necessary measures can be taken. In any event, Mardi éditions advises the User to install the necessary firewalls, anti-virus and other protective software on their computer, in order to prevent any damage to it.
3.4. Mardi éditions reserves the right to suspend or discontinue all or part of the Site at any time, without giving reasons and without prior notice.

4. USE OF THE SITE

4.1. The User undertakes to use the Site solely in accordance with its purpose, to the exclusion of any other end.
4.2. The User must ensure that all the information they provide is accurate and up to date.
4.3. The User undertakes to use the Site in good faith and to comply with applicable law, and in particular to refrain from:

Sending Mardi éditions content or communications that are false or misleading (and from updating such content, where relevant, so that it does not become false or misleading), obscene, racist or xenophobic, abusive, unlawful, deceitful, in breach of another person's privacy, offensive, harmful, violent, threatening or harassing, defamatory, infringing an intellectual property right or any other right, or which encourages or takes part in any of these things;
Providing email addresses or other types of content to Mardi éditions without having obtained the prior consent of the people concerned;
Sending Mardi éditions content that infringes the rights of a third party or harms them in any way whatsoever (intellectual property rights, privacy, trade secrets and so on);
Sending Mardi éditions content that links to unlawful websites or to sites containing inappropriate content;
Using the Site to send unwanted, unsolicited or pyramid mail, or for any similar or fraudulent scheme;
Circumventing the technical protection measures applied to documents and multimedia elements;

Any action liable to disrupt the proper functioning of the Site or of the Service, including the use of computer worms, viruses, logic bombs or mass mailings;

Attempting to gain unauthorised access to any part of the Site or to equipment used to operate the Site;
Using a false name or a pseudonym, or assuming the identity of another person or entity;
Using the Site for purposes other than those provided for in the Terms of Use.

4.4. Mardi éditions may in no way be held liable where the User fails to comply with the Terms of Use, the Terms of Sale, the Cookie Policy, the Notice and/or applicable laws or regulations.
The User indemnifies Mardi éditions against any action, claim or complaint by third parties (including public authorities) relating to their use of the Site.
4.5. The User uses the Site at their own risk. The Site, its components and all related information, software, facilities and services are provided as is, subject to availability, without warranty of any kind (express or implied) and within the limits of applicable law.
4.6. Mardi éditions accepts no liability for loss or damage (direct, indirect, material or immaterial) resulting from the use of the Site and its components, or from the inability to use the Site.
4.7. The User is furthermore required to inform Mardi éditions immediately in writing if they become aware of inappropriate conduct or use in connection with the Site, by sending an email to the following address: hello@mardi-editions.com.
4.8. The limitations in articles 4.5 and 4.6 do not apply to fraud, gross negligence, breach of an essential obligation of the contract, or damage resulting from harm to life or physical integrity. They do not affect the mandatory rights granted to consumers by Book VI of the Belgian Code of Economic Law, in particular the legal guarantee of conformity and the right of withdrawal.

5. LINKS TO AND ON OTHER SITES

5.1. Hyperlinks to other websites may appear on the Site. Conversely, certain websites may include a link to the Site. Those third-party sites are not controlled by Mardi éditions, which therefore accepts no responsibility for their operation, their content or their use. Unless Mardi éditions expressly states otherwise on the Site, the existence of such links implies no approval by Mardi éditions of those third-party sites or of the use that may be made of them, nor any association or partnership with their operators.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. The Site and its components (trade marks, logos, graphics, photographs, animations, videos, music, texts and so on) are the property of Mardi éditions. They are protected by intellectual property rights (in particular copyright, design rights, trade mark rights and so on) and may therefore not be reproduced, used or distributed without the prior written authorisation of Mardi éditions or, where relevant, of the rights holder concerned, on pain of constituting an offence of infringement of copyright and/or designs and/or trade marks, punishable by three months to three years and a fine of 100 to 100,000 euros, or by one of those penalties only.
6.2. Through these Terms of Use, Mardi éditions grants the User a non-exclusive, non-transferable licence, of indefinite duration and revocable at any time without giving reasons, to access the content of the Site, display it and download it solely for the purposes of display. The User may also print one copy of the content displayed on the Site for their personal use, provided they do not alter the content of the Site in any way and keep all statements of authorship and origin of the Site. Reproduction is therefore permitted only for a strictly private purpose within the meaning of article XI.190 5° of the Belgian Code of Economic Law.
6.3. Any use of the Site and its components not covered by this article is strictly prohibited.

7. CHANGES AND LANGUAGE VERSIONS

7.1. Mardi éditions reserves the right to amend and update, at any time and subject to notifying Users through the Site, these Terms of Use, the Terms of Sale, the Notice and the Cookie Policy, as well as access to the Site and its content. All such changes apply to Users each time they access the Site.
7.2. In the event of any discrepancy between the language versions of these Terms of Use, of the Terms of Sale, of the Notice or of the Cookie Policy, the French-language version shall prevail.

8. VALIDITY OF THE CONTRACTUAL CLAUSES

8.1. The fact that Mardi éditions does not rely, at a given moment, on a provision of these Terms of Use may not be construed as a waiver of its right to rely on that provision later.
8.2. The nullity, lapse or unenforceability of all or part of any of the foregoing or following provisions shall not entail the nullity of these Terms of Use as a whole. The wholly or partly void, lapsed or unenforceable provision shall be deemed unwritten. Mardi éditions undertakes to replace that provision with another pursuing, as far as possible, the same objective.

9. APPLICABLE LAW AND COMPETENT JURISDICTION

9.1. The validity, interpretation and/or performance of the Terms of Use are governed by Belgian law, to the fullest extent permitted by the applicable rules of private international law.
9.2. In the event of a dispute relating to the validity, interpretation or performance of the Terms of Use, the courts of the judicial district of Brussels have jurisdiction, to the fullest extent permitted by the applicable rules of private international law. Consumers retain in all cases the right to bring the dispute before the court of their place of residence.
9.3. Before taking any step towards judicial resolution of a dispute, the Buyer and Mardi éditions undertake to attempt to settle it amicably. To that end, they first contact one another, before having recourse, where appropriate, to mediation, arbitration, or any other alternative form of dispute resolution.

10. ONLINE SALES AND CONSUMER RIGHTS

10.1. Orders placed on the Site are governed, in addition to these Terms of Use, by our shipping policy and our return and refund policy, which form an integral part of them and which the Buyer acknowledges having read before confirming their order.

10.2. The contract of sale is concluded at the moment Mardi éditions confirms the order by email. Prices are shown in euros, inclusive of tax, excluding delivery costs and, for destinations outside the European Union, excluding import taxes and duties. As our pieces are produced in small quantities, an order may exceptionally not be able to be fulfilled: in that case it is cancelled and refunded in full.

10.3. Consumer Buyers have a right of withdrawal of 15 days from receipt of their order, without having to give a reason. The arrangements, refund times and return postage are set out in our return and refund policy. Withdrawal may be exercised from the customer account or by means of the form reproduced in article 10.6.

10.4. All our items benefit from the two (2) year legal guarantee of conformity provided by the Belgian Civil Code and Book VI of the Code of Economic Law. This guarantee also applies to reduced, clearance or end-of-line items, and may be neither reduced nor set aside.

10.5. Complaints and mediation: any complaint should be addressed to shop@mardi-editions.com. Failing an amicable solution, consumers may refer the matter free of charge to the Consumer Mediation Service, Boulevard du Roi Albert II 8 box 1, 1000 Brussels, contact@mediationconsommateur.be.

10.6. Withdrawal form. To be completed and returned only if you wish to withdraw:

For the attention of MAR & DI SRL, Rue du Page 15, 1050 Ixelles, Belgium, shop@mardi-editions.com.
I hereby give notice that I withdraw from the contract for the sale of the goods below:
Ordered on … / received on …
Order number: …
Name of consumer: …
Address of consumer: …
Signature (only if this form is notified on paper): …
Date: …