General conditions
This webshop (www.umaii.be) (hereinafter referred to as the “Webshop”) is operated by Sigma BV, trading under the name “Umaii,” registered with the Belgian Crossroads Bank for Enterprises under number 0456.580.384, with its registered office at 2070 Burcht, Kerkplein 25/0101.
The contact details for Umaii are:
Phone number: +32 (0)477.310.319
Email address: sales@umaii.be
These general terms and conditions of sale (the “Terms and Conditions”) are agreed upon between Umaii (“the Seller”) and any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artistic, or professional activity and who wishes to make a purchase through the webshop (the “Customer”) (hereinafter collectively referred to as the “Parties”).
The placement of an order through the webshop implies the prior consultation and full acceptance by the Customer of these Terms and Conditions, which are available on the webshop. The Parties agree that their relationship is subject to these Terms and Conditions.
Umaii reserves the right to modify these Terms and Conditions at any time and without notice by publishing a new version on the webshop. The Customer may not modify the Terms and Conditions under any circumstances. The version of the Terms and Conditions in effect is the one available on the webshop at the time the Customer places the order.
If one or more provisions of the Terms and Conditions are declared invalid based on a Belgian legal provision or a court decision, the remaining provisions of the Terms and Conditions shall remain in effect.
Orders can be placed in French, Dutch, or English.
Once an order is completed, a summary will be sent to the email address provided by the Customer for their records. The order will also be archived by Umaii.
Article 1. The Customer
To validly place an order through the webshop, the Customer must be at least 18 years old and legally capable. If the Customer is under 18 years old, they must have parental consent to place an order through the webshop. The Customer declares that they have the necessary capacity to enter into an agreement and are not under guardianship. Umaii reserves the right to request proof of age or parental consent from the Customer and to refuse to fulfill the Customer’s order if they fail to provide the requested proof.
When the Customer provides Umaii, through the webshop, with information necessary for the delivery and invoicing of the products displayed on the webshop, the Customer must ensure that this information is accurate and complete. If there is an error in the recipient’s contact information, Umaii cannot be held liable if it can demonstrate that it was impossible to deliver the ordered Products [as defined below].
Umaii reserves the right to cancel an order (with a refund) if it suspects that the order does not comply with the aforementioned conditions, without being liable for such cancellation.
Article 2. Products
The products offered by UMAII or any other product for sale by Umaii (hereinafter referred to as the “Products”) are those displayed on the webshop at the time of the Customer’s consultation. Umaii takes care to present and describe the Products on the webshop as accurately as possible.
However, images and descriptions of the Products are for reference only and are not contractually binding. Umaii shall not be liable for any errors or mistakes in the presentation of the Products. Umaii will fulfill Customer orders as long as stock is available and will make its best efforts to ensure that the Products offered for sale on the webshop are available in stock.
Article 3. Orders
The Customer expressly acknowledges that placing an order implies a payment obligation.
Once payment has been made (see Article 6), the Customer will receive an email from Umaii confirming the receipt of the order and providing a summary. This message will be sent to the email address provided by the Customer.
Article 4. Availability
If one or more Product(s) ordered by the Customer is temporarily or permanently unavailable, despite Umaii’s efforts, or if the initially indicated delivery time is exceeded by more than eight (8) days (except in case of force majeure), Umaii will inform the Customer by email.
In that case, the Customer will have the option to modify or cancel their order by sending an email to sales@umaii.be within fifteen (15) working days after being informed of the delay by Umaii. If applicable, Umaii undertakes to refund the amount already paid by the Customer as soon as possible, and no later than fifteen (15) days after the modification or cancellation of the order. No additional amounts will be paid by Umaii to the Customer.
Article 5. Prices
The prices of the Products displayed on the webshop are in euros (€) for deliveries in Europe and include all taxes. Delivery costs or possible import duties that cannot reasonably be calculated in advance in accordance with Article VI.45, 5° of the Economic Law Code are not included in the price.
Delivery costs depend on the destination of the Products. These costs are automatically calculated and explicitly displayed in the order summary before the Customer makes the payment.
In case of cancellation, the costs of returning the Products shall be borne by the Customer (see Article 10).
In case of promotions and discounts, they will be applied to the Customer’s order if the Customer meets the eligibility criteria and correctly enters the promotion code(s).
Umaii reserves the right to change the prices displayed on the webshop at any time without prior notice. The prices applicable to the Customer’s order are those displayed on the webshop at the time of the Customer’s order.
Article 6. Payment
The webshop allows secure payments through Bancontact, Visa, Mastercard, and Maestro, Belfius Direct Net, iDEAL, ING Home’Pay, KBC/CBC Payment Button.
No banking information is stored on the server, and Umaii does not have access to the Customer’s banking information. Payments are made through an external platform, Woo commerce, which ensures a high level of transaction security for the webshop.
If the Customer wishes to make payments with a foreign credit or debit card, the card must be authorized for international transactions. Any commission or cost related to the payment for which the Customer is invoiced will be borne by the Customer. The Customer guarantees to Umaii that they are authorized to use the bank card for the payment.
The total amount to be paid for the order is displayed for the Customer on the web page summarizing their “shopping cart,” i.e., all products included in the order. Before proceeding with the payment, the Customer has the opportunity to verify online the details of their order and the total price thereof and correct any errors they may have made when placing the order.
Once the order is placed by the Customer, the order is validated and becomes final, without prejudice to the right of withdrawal as provided in Article 10.
The Customer expressly agrees that the communication of their banking information (full name, card number, expiration date, and CVC number) is equivalent to authorization to debit their account for the total amount due for the order.
In principle, the Customer’s account will only be debited when the order is shipped to avoid charging the Customer for a Product that is not immediately available.
Article 7. Ownership
Umaii retains ownership of the Products until it receives full payment for all invoices, including costs andtaxes.
Article 8. Delivery
The order will be delivered to the delivery address provided by the Customer when placing the order through the webshop.
If delivery cannot be made or if the Customer cancels the delivery, the order will be returned to Umaii, and the Customer will be refunded within fifteen (15) days after Umaii receives the returned order.
Umaii shall not be liable for the performance of external carriers, without prejudice to any rights the Customer may have against them (in accordance with Article VI.44 of the Economic Law Code).
If direct liability of Umaii is invoked, Umaii shall be fully or partially released from liability if it provides evidence that the breach of the agreement with the Customer is attributable to the Customer or is the result of an unforeseeable and unavoidable act of a third party or force majeure.
Article 9. Delivery Time
Upon receipt of payment for the order, Umaii will process it and dispatch the ordered products as soon as possible.
Delivery times may vary depending on the country of destination selected by the Customer and the time the order is placed. In general, delivery times – except in exceptional cases – will not exceed eight (8) days from the day after the Customer’s order is paid and received by Umaii, from Monday to Friday before 12 p.m.
Delivery times depend on (1) the processing time by Umaii, (2) the delivery times of the carrier, and (3) customs clearance.
Processing time:
In most cases and for indicative purposes only, it should be noted that the Products are dispatched by Umaii within two working days after the order is placed.
Carrier delivery times:
Umaii ships orders via Sendcloud, primarily working with BPost and DPD, or via an external transport company.
Customs clearance:
For deliveries outside the EU, customs clearance, if applicable, is carried out by external courier services before the products physically arrive.
Article 10. Right of Withdrawal
The Customer has a legal period of fourteen (14) days from the date of receipt of the order to exercise their right of withdrawal, without having to provide any justification.
To be eligible for a refund of the returned Product, the Customer must notify Umaii of their decision to withdraw their order before the expiration of the fourteen-day withdrawal period and before returning the Products. This can be done by submitting a clear request for withdrawal or cancellation via your account page > orders > click on the relevant order under the “actions” heading, then select “cancel.”
Umaii will confirm receipt of the return request by email.
The Products must be returned at the Customer’s expense, in their original condition and packaging, to: Transport Dehertogh, Puursesteenweg 343, 2880 Bornem.
Umaii will refund the payments received from the Customer, including, if applicable, delivery costs, if the Customer returns the complete order. However, the costs of returning the order to Umaii will be borne by the Customer. If applicable, these costs will be deducted from the total amount refunded by Umaii to the Customer.
The returned Products will be refunded by bank transfer to the account debited to place the order within fourteen (14) days from the date Umaii is notified of the Customer’s decision to withdraw the order, in accordance with the aforementioned provisions. However, Umaii may delay the refund until the Products are effectively returned to the address indicated on the return slip or until the Customer provides clear evidence of shipment of the Products, whichever occurs first.
If the return package is not received by Umaii and no evidence of shipment is provided, the Products will not be refunded or exchanged, and Umaii cannot be held liable.
Packages received by Umaii that were not returned in accordance with the aforementioned procedures will not be refunded by Umaii.
The Customer bears the risk associated with the return of Products.
Article 11. Delivery Errors
If, exceptionally, the Customer receives a Product from Umaii that does not correspond to their order, the Customer must contact Umaii as soon as possible via sales@umaii.be and, in any case, within fourteen (14) days from receipt of the order. In such case, Umaii will verify the non-conformity of the delivery and inform the Customer of the return procedure, which will be carried out, if necessary, at Umaii’s expense.
IMPORTANT: For returns/changes originating from countries outside the EU, the Customer must clearly indicate on the shipping document whether the shipment relates to non-commercial goods without resale value, to avoid customs duties being charged to Umaii. In the case of a return, Umaii will proceed in the same manner so that the Customer does not have to pay double customs duties.
The Customer does not have a right of withdrawal for Products that are made to the Customer’s specifications or that are clearly personalized, in accordance with Article VI.53 of the Economic Law Code.
Article 12. Warranty
All Products sold through the webshop www.umaii.be are subject to the legal warranty and warranty against hidden defects as provided in the Belgian Civil Code.
To invoke these warranties, the Customer must have the invoice issued by Umaii. In case of a defect, the Customer must notify Umaii as soon as possible, and in any case within fifteen (15) days after discovering the defect.
The legal warranty does not apply to defects resulting from accidents, negligence, inappropriate use, failure to follow the instructions for use, or in case of modifications or alterations to the Products or any other incorrect use by the Customer.
Article 13. Privacy and Cookies
The Customer must provide Umaii with personal data, which Umaii collects when an order is placed. Without this information, Umaii will not be able to process the Customer’s order.
In accordance with the Law of December 8, 1992, on the Protection of Privacy, the Customer has the right to access, rectify, object to, or delete their personal data held by Umaii.
For more information, please refer to our separate Privacy Policy.
Article 14. Evidence
The Customer acknowledges that electronic communications and backups of the webshop made by Umaii from time to time may be used as evidence of a transaction between the Customer and Umaii.
Article 15. Force Majeure
Umaii shall not be liable for total or partial non-compliance with the Terms and Conditions in the event of force majeure, such as, but not limited to, customsissues, strikes, bankruptcy of third parties used by Umaii, non-delivery or late delivery of goods by Umaii’s external suppliers, or trade restrictions and new regulations.
Article 16. Applicable Law and Jurisdiction
These Terms and Conditions are subject to Belgian law, regardless of the country of delivery, without prejudice to any mandatory consumer law provisions in the Customer’s country of residence.
Before initiating legal proceedings, the Parties must attempt to settle their dispute amicably. If this is not possible, any dispute concerning the interpretation and/or execution of the Terms and Conditions shall be submitted to the competent courts in accordance with Regulation (EU) No. 44/2001 of December 22, 2000, on jurisdiction, recognition, and enforcement of judgments in civil and commercial matters.
Burcht, June 2020