Contact information: firstname.lastname@example.org
Address of registered office: Office 404, Al Saaha Offices B, Souk al Bahar, Burj Khalifa District, P.O. Box 487177, Dubai, UAE
Company number: 2255791022
EU VAT number: DE319332902
UK VAT number: GB302911835
Article 1: General provisions
The e-commerce website of Matcha Moments, a one-man business with registered office at Office 404, Al Saaha Offices B, Souk al Bahar, Burj Khalifa District, P.O. Box 487177, Dubai, UAE, EU VAT number: DE319332902, UK VAT number: GB302911835, offers its customers the opportunity to purchase the products from its web-shop online.
These General Terms and Conditions ("Terms") apply to any order placed by a visitor to this e-commerce website ("Customer"). When placing an order through the Matcha Moments online store, the Customer must explicitly accept these Conditions, thereby agreeing to the applicability of these Conditions, to the exclusion of all other conditions. Additional conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by Matcha Moments.
Article 2: Price
All stated prices are expressed in EURO, always including VAT and all other duties or taxes that are obligatory to be borne by the Customer.
If delivery costs are charged, this will be stated separately. The indication of price only refers to the articles as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Matcha Moments. Matcha Moments is only bound to an obligation of means as far as the correctness and completeness of the information provided. Matcha Moments is under no circumstances liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance.
The offer is valid while stocks last and can be adjusted or withdrawn at any time by Matcha Moments. Matcha Moments cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
Matcha Moments has a web-shop where products can be purchased in a safe web environment, provided by Shopify.
When a Customer places an order with Matcha Moments, he/she will receive a confirmation by e-mail. Once the order is complete and the agreement between Matcha Moments and the Customer is final Matcha Moments will receive approval from the publisher for your payment transaction.
The Customer can choose between the following payment methods:
- via credit card
- via Bancontact / Mister Cash
- via Idealo
- via Paypal
Matcha Moments is entitled to refuse an order due to a serious shortcoming on the part of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
We do our best to serve you well.
If you order something from us Monday to Saturday before 5 pm, we will hand the package over to our courier service the next day. The courier service is chosen according to the country of destination and the selected delivery option by the Customer.
The delivery period depends on the selected delivery option (standard shipping within Belgium can take 1 to 5 working days. The additional shipping costs are shown as a separate amount during check-out.
If we can no longer deliver an ordered product, you will receive your money back, or we will offer you a good alternative.
If a product is damaged or lost before it reaches you or a recipient designated by you, it is our responsibility. Any visible damage and / or qualitative shortcoming of an article or other shortcoming in delivery must be reported by the Customer to Matcha Moments without delay.
The risk of loss or damage is transferred to the Customer as soon as he (or a third party designated by him, who is not the carrier) has received physical possession of the goods.
Items ordered through this web-shop are delivered in Belgium, Bulgaria, Cyprus, Denmark, Germany, Estonia, France, Great Britain, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Romania, Slovakia, Spain, Czech Republic, Sweden.
Article 6: Retention of title
The delivered items remain the exclusive property of Matcha Moments until full payment by the Customer.
The Customer undertakes, if necessary, to inform third parties of the retention of title of Matcha Moments, eg to anyone who would seize the articles not yet fully paid for.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who, in their capacity as consumers, purchase items online from Matcha Moments.
The Customer has the right to withdraw from the agreement within 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day:
The aforementioned reflection period starts on the day after the product has been received by the Customer, or a third party designated by the Customer in advance, who is not the carrier, or:
if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, received the last product. Match Moments may, provided it has clearly informed the Customer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
- in the case of contracts for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
To exercise the right of withdrawal, the Customer must inform Matcha Moments, email@example.com by means of an unambiguous statement (in writing by post or e-mail) of his decision to withdraw from the agreement. The Customer can use the attached model withdrawal form but is not obliged to do so.
To meet the withdrawal period, the Customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return the goods immediately, but in any case no later than 14 calendar days after the day on which he has notified Matcha Moments of his decision to withdraw from the agreement, to the address of the sender stated on the package. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods will be borne by the Customer.
If the returned product has lost value in any way, Matcha Moments reserves the right to hold the Customer liable and claim compensation for any depreciation of the goods resulting from the use of the goods by the Customer. which goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
Only items that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
If the Customer cancels the agreement, Matcha Moments will refund all payments received from the Customer up to that time, including the standard delivery costs, to the Customer within a maximum of 14 calendar days after Matcha Moments has been informed of the decision of the Customer to contract. In the case of sales agreements, Matcha Moments can wait with the refund until it has received all goods back, or until the Customer has demonstrated that he has returned the goods, whichever comes first.
Any additional costs resulting from the Customer's choice of a different method of delivery than the cheapest standard delivery offered by Matcha Moments will not be refunded.
Matcha Moments pays the Customer back with the same payment method that the Customer used for the original transaction, unless the Customer has explicitly agreed otherwise; in any case, the Client will not be charged for such reimbursement.
The Customer cannot exercise the right of withdrawal for:
The delivery of goods that spoil quickly or with a limited shelf life;
the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Article 8: Warranty
Under the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
In order to invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer's home, the Customer must contact firstname.lastname@example.org customer service and return the item at his expense to the sender's address stated on the package.
When a defect is established, the Customer must inform Matcha Moments as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after it has been established. Afterwards, any right to repair or replacement lapses.
The (commercial and / or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, or if applicable, delivery, are deemed not to be hidden defects, unless the Customer proves otherwise.
Article 9: Customer service
Matcha Moments customer service can be reached by email at email@example.com. Any complaints can be directed to this.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights that Matcha Moments has, in the event of non-payment or late payment from the date of the breach of contract, the Client shall, ipso jure and without notice, owe an interest of 10% per year on the unpaid amount. In addition, the Customer is legally obliged to pay a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, Matcha Moments reserves the right to take back items that have not been (fully) paid.
Article 11: Privacy
The controller, Matcha Moments respects the Belgian law of December 8, 1992 regarding the protection of privacy in the processing of personal data.
The personal data communicated by the Customer will only be used for the following purposes: the execution of the concluded agreement, processing the order, sending newsletters, advertising and / or marketing purposes.
The Customer has a legal right to inspect and possibly correct his personal data. Provided proof of identity (copy of identity card), the Customer can obtain written notification of his personal data free of charge via a written, dated and signed request to Matcha Moments, firstname.lastname@example.org. If necessary, the Customer can also ask to correct the data that would be incorrect, incomplete or not relevant.
The Customer can oppose the use of his data for direct marketing free of charge. To this end, the Customer can always contact Matcha Moments, email@example.com.
Matcha Moments treats the data as confidential information and will not pass it on, rent or sell it to third parties.
The Customer is responsible for keeping his login details confidential and for the use of his password. His password is stored encrypted, so Matcha Moments has no access to the password.
Matcha Moments keeps online (anonymous) visitor statistics in order to see which pages of the internet site are visited to what extent.
If the Customer has questions about this privacy statement, he can contact us at Matcha Moments.
During a visit to the site, 'cookies' can be placed on the hard drive of the Customer's computer. A cookie is a text file that is placed by the server of a website in the browser of the computer of the Client or on the mobile device of the Client when a website is consulted. Cookies cannot be used to identify persons, a cookie can only identify a machine.
The following types of cookies are used on the Matcha Moments website:
"First party cookies" are technical cookies that are used by the visited site itself and that aim to make the site function optimally. E.g. settings that the user has made during previous visits to the site, or even: a pre-filled form with data that the user has made during previous visits.
"Third Party cookies" are cookies that do not come from the website itself, but from third parties, e.g. an existing marketing or advertising plug-in. E.g. cookies from Facebook or Google Analytics. For such cookies, the visitor to the site must first give permission - this can be done via a bar at the bottom or at the top of the website, with reference to this policy, which does not prevent further surfing on the website.
The Customer can set his internet browser in such a way that cookies are not accepted, that he receives a warning when a cookie is installed or that the cookies are subsequently removed from his hard drive. He can do this via the settings of his browser (via the help function). However, it must be taken into account that certain graphic elements may not appear correctly, or that certain applications cannot be used.
Article 13: Infringement of validity - non-renunciation
If any provision of these Terms is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Matcha Moments to enforce or exercise any right of any of the rights listed in these Terms will never be construed as a waiver of such provision and will never affect the validity of these rights.
Article 14: Change of conditions
These Conditions are supplemented by other conditions that are explicitly referred to, and the general terms and conditions of sale of Matcha Moments. In the event of a conflict, these Terms and Conditions will prevail.
Article 15: Evidence
The Customer accepts that electronic communications and backups can serve as evidence.
Article 16: Applicable law - Competent court
Belgian law is applicable, with the exception of the provisions of private international law on applicable law and with the exception of the Vienna Convention on contracts for the international sale of movable property. Unless the Customer is a consumer, the courts of the Matcha Moments district are exclusively competent in any disputes.
Appendix 1: Model form for withdrawal
Dear Customer, you must only complete and return this form if you wish to cancel the contract.
To Matcha Moments, firstname.lastname@example.org:
I / We (*) share / share (*) hereby inform you that I / we (*) revoke / revoke our agreement regarding the sale of the following goods / provision of the following service (*) (*):
Ordered on (*) / received on (*):
Name / Names of consumer (s):
Address of consumer (s):
Signature of consumer (s)
(*) Strike out what does not apply.
1-Information about the collection of personal data and contact details of the person responsible
2-Data collection when you visit our website
5-Data processing when opening a customer account and for contract processing
7-Use of your data for direct mail
8-Data processing for order processing
9-Use of social media: social plugins
11-Web analysis services
12-Tools and miscellaneous
13-Facebook remarketing / retargeting
14-Conversion measurement with the visitor action pixel from Facebook
15-Communication via Facebook Messenger
16-Tools and other things
17-Rights of the data subject
18-Duration of storage of personal data
- INFORMATION ABOUT THE COLLECTION OF PERSONAL DATA AND CONTACT DETAILS OF THE CONTROLLER
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following we will inform you about the handling of your personal data when using our website. Personal data are all data with which you can be personally identified.
1.2 The person responsible for data processing on this website in terms of the General Data Protection Regulation (GDPR) is Matcha Moments, ‘t Motje 20, 8800 Roeselare, Belgium, +971568171555, email: email@example.com. The person responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
1.3 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible), this website uses an SSL or. TLS encryption. You can recognize an encrypted connection by the character string "https: //" and the lock symbol in your browser line.
- DATA COLLECTION WHEN VISITING OUR WEBSITE
If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:
Our visited website
Date and time at the time of access
Amount of data sent in bytes
Source / reference from which you came to the page
Operating system used
IP address used (if applicable: in anonymous form)
Processing takes place in accordance with Art. 6 Para. 1 lit. f GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.
To make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted again after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values on an individual basis. Persistent cookies are automatically deleted after a specified period, which can differ depending on the cookie.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). If personal data is also processed by individual cookies implemented by us, processing is carried out in accordance with Art. 6 Para. b GDPR either for the execution of the contract or according to Art. 6 Para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We may work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). If we work with the aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected within the following paragraphs.
Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies in certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of every browser, which explains how you can change your cookie settings. You can find these for the respective browser under the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Please note that if you do not accept cookies, the functionality of our website may be restricted.
- CONTACTING US
When you contact us (e.g. using the contact form or email), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in answering your request in accordance with Art. 6 Para. 1 lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 Para. 1 lit. b GDPR. Your data will be deleted after the final processing of your request; this is the case if it can be inferred from the circumstances that the matter in question has been finally clarified and provided that there are no statutory retention requirements.
- DATA PROCESSING WHEN OPENING A CUSTOMER ACCOUNT AND FOR CONTRACT PROCESSING
According to Art. 6 Para. 1 lit. b GDPR, personal data will continue to be collected and processed if you provide them to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. A deletion of your customer account is possible at any time and can be done by sending a message to the o.g. Address of the person responsible. We save and use the data you have provided to process the contract. After the contract has been fully processed or your customer account has been deleted, your data will be blocked with due regard to tax and commercial retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or we reserve the right to further use your data as permitted by law about which we will inform you accordingly below.
- USE OF YOUR DATA FOR DIRECT ADVERTISING
7.1 Registration for our newsletter
If you register for our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The provision of any further data is voluntary and is used to be able to address you personally. We use the so-called double opt-in procedure to send the newsletter. This means that we will only send you an e-mail newsletter if you have expressly confirmed to us that you consent to the sending of the newsletter. We will then send you a confirmation email asking you to click on a link to confirm that you want to receive the newsletter in the future.
By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a GDPR. When you register for the newsletter, we save your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later point in time. The data collected by us when registering for the newsletter are used exclusively for the purpose of advertising via the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the person responsible mentioned above. After you have unsubscribed, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
7.2 Sending newsletters via MailChimp