Terms and Conditions

1. General
The sale ("engagement") between "My Friend on the Wall" –Sophie Malfatti di Montetretto (hereafter referred to as the "seller") and the customer (referred to hereafter as the "client") of products (referred to hereafter as "products") either produced or commissioned, is exclusively submitted to and regulated by the following conditions (referred hereafter as "Terms and Conditions") and does not take into consideration any prior agreements or arrangements , either verbal or written, between the seller and the client.

The Terms and Conditions are hereby acknowledged by the client.

It is hereby declared that all issues regarding to the sale of products between the seller and the client are submitted to and regulated by the present Terms and Conditions exclusively.

2. The engagement - the conclusion of contract
The engagement and contract between the seller and the client pertaining to the purchase of Products is the results of the concluded order placement by the client (=a binding offer) and the receipt, as well as the confirmation of the seller's acceptance, of the order and offer. This confirmation, that clearly states the items in the order given by the client, is communicated to the client via e-mail by the seller. An engagement can only be concluded with adults as defined by German law (Individuals over the age of 18).

3. Information, data protection
The client guarantees that the information provided by him/her is accurate and complete. The data provided by the client is stored and processed in the seller's database. The client hereby explicitly accepts the saving as well as the processing of all data provided to the seller by the client. No data will be divulged to third parties under any circumstances whatsoever unless required by law. The e-mail address given by the client to the seller gives the client the possibility to read, save and print e-mails sent to them by the seller.

4. Price
All listed prices are final prices and do not include a German VAT, as "My Friend on the Wall" is a small enterprise.

5 Dispatch costs
In addition to the price of the product, the client is expected to pay the dispatch costs that apply to products as indicated. In the context of product dispatch any arrears, delays and/or unavailability on the part of the client must be communicated to the seller forthwith and without delay. Any cost associated with and resulting of the arrears, delays and/or unavailability on the part of the client are to be borne by the client. products are uninsured during the process of dispatch, which means that the client bears the risk of the product's loss during the course of dispatch. If the client wishes to insure the products during the course of dispatch, additional cost according to the size and value of the P
products dispatched will be incurred on the client. The request for insured dispatch must be submitted in written form by the client.

6. Shipping and handling
All product deliveries for products stored by the seller will be delivered within 2-3 working days after an order has been placed. The seller is not bound by the above-stated information pertaining to delivery time.

7. Reservation of proprietary rights
Until the client's payment has been received by the seller in full, the product remains the property of the seller.

8. Payment
All clients must purchase their products by bank transfer.

9. Place of fulfilment
The place of fulfilment is Ravensburg, Germany.

11. Right of withdrawal from a contract
The client has the right to return a product purchased from the seller without giving reasons within 7 working days upon receipt of the product. This right of withdrawal from a contract only applies to consumers on the grounds of consumer protection law and does not apply to businesses. The products returned in this way must be must be returned complete and in their original packaging. Custom products are excluded from the right of return or the right to withdraw from a contract. The costs applicable to the return of products must be borne by the client. The amount to be refunded can thus be accordingly reduced by the seller.

The right of withdrawal from a contract is ensured with the timely posting of the written cancellation (by mail or e-mail) or of the product to the seller.

The cancellation is to be addressed to:

My Friend on the Wall
Sophie Malfatti
Rue Fernand Neuray 16
1050 Bruxelles, Belgium

or email: info@myfriendonthewall.com

11. Guarantee
In the case of the delivery of an incomplete or defective product the cost of delivery shall be borne by the seller. Furthermore the client is entitled to the replacement of the incomplete or defect product or to another product of equivalent value. A cash refund will only be made in the case of misdelivery of the product on the part of the seller and when the product cannot be replaced by another product of equivalent value.

12. Liability
The seller is only liable to businesses for gross negligence with intention as defined by German law, and not for basic or slight negligence as defined by that law. The seller is not liable to consumers for slight negligence other than in the case of injury to persons. Liability, with the exception of intent as defined by German law, is limited to the value of the product.
The seller guarantees the consistency between the products and their description at the time of engagement. There is no guarantee against, and the seller is in no way liable for variations in the colour, size, finish as well as for packaging irregularities of products.

In other respects, the guidelines provided by German law are applicable. The seller nevertheless is not liable for all damages caused by the product alone. In particular, the seller is not liable for loss of profit and other financial losses.

13. Offsetting and Retention
The client can only claim the right to offset when his/her rights have been legally established or recognised by the seller on writing. Furthermore, the client can only exercise his/her right of retention insofar as his/her counterclaim is based on the same contractual relationship.

14. Applicable Law
The contracts are subject to German substantive law to the exclusion of uniform law on the international sale of goods. The seller's jurisdiction is Ravensburg, Germany.

15. Severability Clause
In the case that a clause in the present terms and conditions is invalid or becomes invalid, the contract/service/engagement as well as terms and conditions remain valid. The invalid clause shall be reinterpreted or complemented in such a manner as to most closely reflect the commercial purposes reflected herein.

16. Miscellaneous
The seller sells all his/her products in small amounts. This applies to the quantity of products in the context of a service as well as in the case of several orders of the same products each one of which is in small quantities.