Terms & Conditions

Welcome to the Ms. Bay website

Terms of use

We are very happy to welcome you to the website of Ms. Bay (Hereinafter referred to as the “Site”, the official online store for Ms. Bay products.
We ask you to take the time to read these terms and conditions carefully. Unless stated otherwise herein, the relationship between us, Ms. Bay and you, the Users, is exclusively governed by these Terms and Conditions that are deemed read and accepted by the User.
(Voor onze Nederlandstalige verkoopsvoorwaarden; klikt u hier.)

1. Identification

Ms. Bay is a brand of Boa Bay bvba (0637.861.409) and is the seller of the products displayed on the Site.

2. Accuracy of content

We at Ms. Bay use our very best efforts to keep the information on the Site updated. However, it is not possible to guarantee the complete absence of errors on the Site. The information and other material published on this Site may include inaccuracies or typographical errors. The weights, dimensions and volumes of the products are approximate only. We have made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products. However, we cannot guarantee that your screen’s display will accurately reflect the colour of the product on delivery. Changes are periodically made to the information on the Site without notice to you. Boa Bay reserves the right to change the Site at any time, in its discretion. We do not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Boa Bay shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.

3. Offers/ agreements

All offers of Ms. Bay are non-binding and Ms. explicitly reserves the right to change prices, especially when required by (legal) regulations.
3.2 An agreement will only come into effect after acceptance of your order by Ms. Bay. Ms. Bay has the right to refuse orders or to bind certain terms on the delivery unless expressly stated otherwise. Ms. Bay can change the terms of delivery if necessary. In this case, Ms. Bay to inform you. If an order is not accepted, Ms. Bay will inform you of the decline within 10 (10) business days after receipt of the order. Ms. Bay will communicate a reason, but any reason is allowed.
3.3 Ms. Bay has the right to change the contents of these Terms and Conditions. Changes will be published on the website and will take effect immediately after publication, or on another date stated in the notice.

4. Prices and payments

The prices of the products as offered on the site are in euros, including VAT and excl. shipping costs, possible taxes or other charges, unless otherwise stated or agreed in writing.
4.2 Payment can be made as indicated during the ordering process.
4.3 If we find an error in the price of the products you ordered or in the shipping costs, we will inform you as soon as possible and you will be able to either re-confirm your order at the correct price or cancel your order. If you cancel, we will refund or re-credit you for the sum that has been debited from your credit card for the products.

5. Online ordering

You can place an order if you are an adult aged 18 or over. The ordering process consists of following steps:
You add the products you want to purchase to your basket;
You choose your delivery method;
You enter the delivery address;
You enter your billing address together with the payment information;
You will be asked to accept the Terms and Conditions;
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order including the shipping charges.
After submitting your order we will send you an e-mail confirming receipt of your order. At that time we debit the corresponding amount from your (credit)card.
All orders are subject to availability of the products at the time of dispatch. We reserve the right to cancel your order for any reason.

6. Delivery

6.1 The delivery times stated on the site are only indicative. Exceeding any delivery period gives you no right to compensation, no right to cancel your order, no right to terminate the agreement.
6.2 The delivery of the products takes place at the place and time when the products are ready for shipment.
6.3 Delivery to PO boxes and military addresses are not accepted. Via the Site, the products are delivered in Belgium, the Netherlands and Luxembourg. To other destinations, we reserve the right to verify shipping possibilities case by case. Shipping costs to a destination outside of Benelux may vary from those displayed on the Site and possible additional costs will be on behalf of the Buyer.

7. Liability and ownership

You are obliged to check upon delivery whether the products meet the agreement. If this is not the case, please contact Ms. Bay as soon as possible and at least within seven (7) working days after delivery by email. Download and complete the “Return Form” for this purpose. State clearly the nature of the damage or non-conformity. In case of a production or material defect, or in case of incorrect delivery, Ms. Bay will propose a solution to the problem.

8. Use limitations and intellectual property rights

All brand names, product names and titles used on the Site are trademarks or trade names of Ms. Bay, Boa Bay or third-party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks or trade names as they may constitute an infringement of the holders’ rights. All Site design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright of Ms. Bay, Boa Bay or its suppliers. You are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. You are not allowed to make any other use of the information and materials on the Site, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain Ms. Bay’s prior written consent.

9. Distance selling; right of retraction

You have the right to withdraw from the sale contract within 14 days from the day of the delivery.
This without having to pay a fine and without indication of reason or motive.
The Buyer must return the goods in original condition and packaging and at own risk to Boa Bay bvba at Doornelei 8 box 1, 2018 Antwerp, Belgium. There is no right of withdrawal for goods made to the customer’s specifications.
9.2 Only online purchased goods can be returned. For all other returns, you should return to the store where you purchased the goods.
9.3 Every item should be returned using our “Return form“. Returns made without this document may not be processed correctly or timely at the Buyers risk.

10. Orders / Communications

Miscommunication, delays or incorrect delivery of orders and communications resulting from the use of the Internet or any other means of communication between you and Ms. Bay, as far as related to the relationship between you and Ms. Bay, Ms. Bay is not liable unless premeditation or gross negligence is alleged.

11. Force Majeure

11.1 Ms. Bay has the right to dissolve the execution of your order or agreement without judicial intervention. This will be communicated to you by e-mail. Ms. Bay will not be required to pay damages. In this case, the amount already paid by the Buyer will be refunded.
11.2 We shall not be liable for any delay in performance or non-performance of our commitments due to events outside our normal control, including but not limited to production failures, supply difficulties or shortages of raw materials, workforce, energy or transport or delays in transportation, strikes, lockouts, workouts or other collective labor disputes that affect either ourselves or our suppliers, even if these events are foreseeable.

12. Limitation of liability

The terms and conditions of this sale contract do not affect your statutory rights.
Our entire liability in connection with the sale contract will not exceed the purchase price of the products in question.

13.Governing law

Any dispute regarding the validity, the interpretation and/or the execution of the Terms and Conditions is solely governed by the laws of Belgium and the court of Antwerp. This clause does not affect your statutory rights.
If any of the Terms and Conditions may be declared null and void or not applicable, the other terms and conditions will remain valid and the portion declared null and void will remain applicable within the boundaries set by law.

14. Privacy Policy

We consider your privacy as very important and we want to be sure you are aware of and agree with the way in which we may use your personal information. You can find our Privacy Policy here. By placing an order on the Site you consent to the collection, use and transfer of your personal data under the terms of the Privacy Policy.

15. Complaints

Complaints must, in order for it to be admissible, be made within seven (7) days after delivery in case of a non-compliant delivery or within seven (7) days after delivery or after the moment such discovery could reasonably have occurred. The receipt of the goods by the Buyer covers any possible defect or non-conformity that could then be determined.

16. Warranty

Our warranty is limited to the warranty for hidden defects and the guarantee in case of consumer purchases, both provided for in the Civil Code. We are only liable for damage resulting from intentional or gross mistake. We are not liable for general or special indirect damage of any kind suffered by the Buyer. For more information, please find our warranty details here.

17. Service contact

If you have any questions, or if you have technical problems in accessing information on our Site, please contact: support@ms-bay.com

18. Definitions

Within the scope of these terms and conditions, the terms listed hereafter shall be deemed to have the following meaning, unless explicitly mentioned otherwise:

  • Terms and Conditions: these terms and conditions and all its additions or updates.
  • Order: the result of the ordering process as described in article 5 of the Terms and Conditions
  • User/ Buyer: someone who by entering the address of this Site or by following a link visits this Site and uses it for informative purposes or to place an order.
  • Site: a collection of web pages grouped together under the address of www.ms-bay.com