Terms of service
Updated on 27/11/2020
(hereinafter referred to as the "Platform")
is an initiative of :
Victor Soensstraat 11
1853 Strombeek Beaver
Company number (BCE/VAT) : BE 0735.952.064
1. Scope of application
These general terms and conditions of use (hereinafter the "GCU") apply to any visit or use of the Platform and its information by an Internet user (hereinafter the "User").
By visiting or using the Platform, the User acknowledges having read these Terms and Conditions and expressly accepts the rights and obligations set out therein.
By way of exception, a written agreement may be made to deviate from the provisions of the TOS. Such deviations may consist of the modification, addition or deletion of the clauses to which they relate and do not affect the application of the other provisions of the TOS.
We reserve the right to change our TOS at any time without prior notice, but we undertake to apply the provisions in force at the time you used our Platform.
a. Access and navigation
We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our Platform. However, we cannot guarantee absolute operability and therefore our actions must be considered as covered by an obligation of means.
Any use of the Platform is always at the User's own risk. We are therefore not liable for any damage that may result from any malfunctions, interruptions, defects or harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or interrupt its operation at any time without prior notice.
independent natural person largely determines the content of the Platform and takes care of the information it contains. We take all possible steps to keep our Platform as complete, accurate and current as possible, even when the information on the Platform is provided by third parties. We reserve the right to change, supplement or remove the Platform and its content at any time, without liability.
independent natural person cannot provide an absolute guarantee for the quality of the information on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently precise or up to date. Consequently, an independent natural person cannot be held liable for any direct or indirect damage that the User may suffer as a result of the information on the Platform.
If certain content of the Platform violates the law or the rights of third parties, or is contrary to morality, we ask you to inform us by e-mail as soon as possible so that we can take appropriate measures.
Downloading the Platform is always at the User's own risk. Independent natural persons cannot be held liable for any damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the full and exclusive responsibility of the User.
c. Services reserved for Registered Users
Access to certain services depends on the registration of the user.
Registration and access to the Platform's services are reserved exclusively to legally competent natural persons who have completed and validated the registration form available online on the Platform, as well as these T&Cs.
When registering, the User undertakes to provide accurate, sincere and up-to-date information about his person and his marital status. In addition, the User must regularly check the data relating to him in order to maintain its accuracy.
The User must therefore provide a valid e-mail address to which the Platform will send him/her confirmation of his/her registration for its services. An email address may not be used more than once to register for services.
Any communication made by the Platform and its partners shall therefore be deemed to have been received and read by the User. Accordingly, the User undertakes to regularly consult the messages received at this e-mail address and, where appropriate, to reply within a reasonable period of time.
Only one entry per natural person is allowed.
The User will be given an identification code which will allow him/her to access a space reserved for him/her (hereinafter "Personal Space"), in addition to entering his/her password.
The login and password can be changed by the user online in his personal space. The password is personal and confidential, the User undertakes not to communicate it to third parties.
independent natural person reserves the right to refuse a request for registration with the Platform's services in the event of non-compliance with the TOS by the User.
Regularly registered Users can request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any unsubscription from the Platform will take effect as soon as possible after the User fills out the appropriate form.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between an independent natural person and the external website or that there is even an implicit agreement with the content of these external websites.
independent natural person does not exercise any control over external websites. We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he or she leaves the Platform. We can therefore not be held liable for any consequential damages.
4. Intellectual Property
Not only the structure of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that form part of it or are accessible via the Platform are the property of the publisher and as such are protected by applicable intellectual property laws.
Any representation, reproduction, adaptation or exploitation, in whole or in part, of the content, brands and services offered by the Platform, by any process whatsoever, without the prior express written consent of the publisher, is strictly prohibited, with the exception of those elements expressly designated as being free of rights on the Platform.
The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial use. Subject to prior written authorisation, the User may not modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering any information on the Platform that would change or is likely to change the content or appearance of the Platform.
5. Protection of personal data
Personal data provided by the User when visiting or using the Platform are collected and processed by an independent natural person solely for internal purposes. An independent natural person assures his users that he attaches the utmost importance to the protection of their privacy and personal data and that he always undertakes to communicate in a clear and transparent manner in this regard.
The independent natural person undertakes to comply with the applicable legislation in this respect, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
6. Applicable law and jurisdiction
These TOU are governed by Belgian law.
In the event of a dispute and in the absence of an amicable settlement, the dispute will be submitted to the courts of the judicial district where the independent natural person has his or her registered office.
7. General provisions
independent natural person reserves the right to modify, extend, delete, limit or interrupt the Platform and its services at any time, without prior notice and without any liability.
In case of violation of the TOS by the user, the independent natural person reserves the right to take appropriate sanctions and remedial measures. In particular, the independent natural person reserves the right to deny the user temporary or permanent access to the Platform or to our services. These measures may be taken without giving reasons and without prior notice. They may not assume the responsibility of an independent natural person or give rise to any form of compensation.
The illegality or nullity of any provision of our TOU, in whole or in part, shall not affect the validity and enforceability of the remaining provisions. In that case, we have the right to replace the provision with another valid provision of similar purport.
II. GENERAL TERMS AND CONDITIONS OF SALE
1. Scope of application
These General Terms and Conditions of Sale (hereinafter the "GTC") define the reciprocal rights and obligations in the event that a User (hereinafter the "Client") purchases products or services on the Platform.
The general terms and conditions reflect the full extent of the parties' obligations. The Customer shall be deemed to accept them without reservation, failing which his order shall not be validated.
By way of exception, the provisions of the GTC may be deviated from if these deviations have been agreed upon in writing. Such deviations may consist of the modification, addition or deletion of the clauses to which they relate and do not affect the application of the other provisions of the GTC.
independent natural person reserves the right to change the T&C from time to time. The changes will apply as soon as they are posted online for any purchase made after this date.
2. Online store
Through the Platform, the Vendor makes available to the Client an online store presenting the products or services sold, without the photographs having any contractual value.
Products or services are described and presented as accurately as possible. However, the Seller cannot be held liable in the event of errors or omissions in the presentation.
The products and services are offered within the limits of their availability.
Prices and taxes are mentioned in the online shop.
The Seller reserves the right to change its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order are applicable, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which are also indicated and invoiced prior to the validation of the order by the customer.
The total amount of the order (all taxes included) and, if applicable, the delivery costs are mentioned before the final validation of the order form.
4. Ordering online
The Customer has the possibility to fill in an order form online, by means of an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
In order to validate his order, the Client will have to accept the current GCS by clicking on the location indicated.
The Customer must provide a valid e-mail address, invoice details and, if applicable, a valid delivery address. Any exchange with the Seller may take place via this email address.
In addition, the Customer will have to choose the delivery method and validate the payment method.
The Vendor reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the Customer's account until the problem is resolved.
5. Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order has been received.
The Customer shall make the payment at the time of final validation of the order using the payment method chosen. This validation takes the place of a signature.
The Customer warrants to the Vendor that he has the necessary authorisations to use this method of payment and acknowledges that the information provided for this purpose is proof of his agreement to the sale and to payment of the amounts due in respect of the order.
The Vendor has put in place a procedure for checking orders and means of payment that is intended to reasonably guarantee him against any fraudulent use of a means of payment, including asking the Client for identification details.
In the event of a refusal to authorize payment by credit card from recognized organizations or in the event of non-payment, Seller reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not paid or has paid only in part for a previous order or with whom a payment dispute is pending.
Upon receipt of the validation of the purchase, accompanied by the payment, the Vendor will send the Customer an invoice, unless it is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by making a request to Customer Service prior to delivery (see contact details below).
In the event of unavailability of a service or product, the Vendor will inform the Customer by email as soon as possible to replace it or to cancel the order for this product and possibly refund the related price, the remainder of the order remaining firm and final.
The communication, orders and payments between the customer and the vendor can be proven thanks to the computerized registers kept under reasonable security conditions in the vendor's computer systems. Purchase orders and invoices are archived on a reliable and durable medium, in particular as evidence.
Delivery will only take place after confirmation of payment by the seller's bank.
The products are delivered to the address indicated by the customer on the online order form. Any additional costs resulting from incomplete or erroneous information provided by the Customer will be invoiced to him/her. For reasons of availability, an order may be delivered to the Customer several times in succession.
Delivery shall take place, in the manner chosen by the Customer, within the following deadlines:
- standard delivery: 1 to 3 days
The delivery times are given as an indication. No compensation can be claimed from the seller or the carrier in case of late delivery. However, if the delivery time is more than thirty days from the order, the sales contract may be terminated and the customer reimbursed.
a. Checking the order
Upon receipt of the products, the Customer checks that the recipient is in good condition or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Client or the recipient must make the necessary reservations at the time of delivery to the carrier and inform the Seller immediately.
The check is deemed to have been carried out as soon as the Customer or a person authorised by him has received the order without reservation.
Any reservation not made in accordance with the rules described above and within the time allowed will not be taken into account and releases the Seller from any liability towards the Client.
b. Error in delivery
In the event of a delivery error or non-conformity of the products with regard to the indications on the order form, the Client shall inform the Vendor within three working days of the delivery date.
Any claim that is not made within the set period of time will not be taken into account and releases the seller from any liability towards the customer.
c. Returns and exchanges
The product to be exchanged or returned must be returned in its entirety and in its original packaging to the seller, in accordance with the following conditions:
1. EU directive
In accordance with Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, you have the right to notify us that you are cancelling your purchase without penalty and without giving reasons within 14 working days from the day after the day of delivery. If all conditions are met, we will proceed with your refund or exchange.
The right of revocation is exercised without penalty, only the return costs are for your account.
2. Sending a return email by the customer to email@example.com.
3. PREPARE THE PACKAGE
Prepare the items to be returned, without having used them, with their original packaging and labeling.
Important: the products must be in perfect condition for resale, including the packaging / containers and the instructions (undamaged, damaged or dirty, accompanied by any accessories, documentation ...).
Use the same package in which you received your order or a package of similar size to ensure a return in perfect condition.
Important: packaging conditions: the product must be in the same condition as when it was received and must retain its original packaging and labeling. Under no circumstances will we accept a product that has been used by the customer or whose packaging has been damaged. It is important to seal the packaging properly.
4. RETURN THE PACKAGE
Hand in your parcel at a post office and send it back to the following address:
Rue Victor Soensstraat 11
1853 Strombeek Beaver
The shipping costs are for your account. Don't forget to keep the receipt from the post office to contact our customer service.
5. MANAGEMENT OF RETURNS AND REFUNDS
As soon as the product is received in our warehouse, we will check if the above conditions are met and refund your purchase.
The refund will take place within 14 days after the exercise of the right of withdrawal. However, if the product is not returned within 14 days, the refund will be postponed until you have sent us proof of return of the package.
We reimburse via the payment method used at the time of purchase. In case of payment by bank transfer, please mention the account number where the amount will be paid.
If you have any questions about the terms of the waiver, please send an e-mail to firstname.lastname@example.org.
Any claim and any return not made in accordance with the rules defined above and within the time limits laid down shall not be taken into consideration and shall release the Seller from any liability to the Customer.
Any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging. The return costs are to be borne by the customer.
The Seller guarantees the conformity of the products or services with the contract in accordance with the law in force at the time of the conclusion of the contract.
a. Warranty of conformity
If the Customer is a consumer, he has a period of two years from the delivery of the product to carry out the legal guarantee of conformity. However, if the product purchased is a second-hand product, the warranty period is one year.
The lack of conformity must be reported to the seller as soon as possible and in any case within two months of its discovery.
9. Right of revocation
If the Customer is a consumer, he can exercise his statutory right of withdrawal within 14 working days after delivery of the goods or conclusion of the service agreement.
After the customer has communicated his decision to withdraw, he has 14 days to return or return the goods.
Any revocation not made in accordance with the rules and deadlines of this article may not be taken into account and releases the Seller from any liability to the Customer.
The Customer may request the refund of the returned product, without penalty, with the exception of the return costs, which shall remain at his expense.
The return or exchange of the product can only be accepted for products in their entirety, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
Seller will refund Client all amounts paid, including delivery charges, within 14 days of the goods being returned or proof of dispatch of the goods being provided.
If the order relates in whole or in part to digital content that is not supplied on a physical medium, the Customer accepts for this digital content his right of withdrawal to be delivered as soon as possible.
Model of the revocation form
Victor Soensstraat 11
1853 Strombeek Beaver
Company number (BCE/VAT) : BE 0735.952.064
I/We (*) hereby give notice (*) of my/our (*) revocation of the contract of sale of goods (*)/provision of service (*) below:
Ordered on (*)/received on (*) : __________
Name of the consumer(s) : __________
Address of the consumer(s) : __________
Signature of the consumer(s) (only if this form is submitted on paper):
* Delete what does not apply
10. Data Protection
Seller shall keep in its computer systems and under reasonable security conditions a record of the transaction including the order form and invoice.
The Seller guarantees its Client the protection of its personal data in accordance with the Privacy Charter available on the Platform.
11. Force majeure
If the Seller, due to an unforeseen circumstance beyond his control, is wholly or partially prevented from carrying out the order, there is force majeure.
In the event of force majeure, the Seller shall be entitled to suspend the execution of the order in whole or in part for the duration of the force majeure. The Seller shall inform the Client immediately.
If the force majeure lasts for more than 90 days without interruption, each party to the contract has the right to terminate the contract unilaterally, by registered letter to the other party. The services already performed by the Seller shall nevertheless be invoiced proportionately to the Client.
12. Independence of clauses
The illegality or nullity of any provision of these T&C shall not affect the validity and enforceability of the remaining provisions. Seller reserves the right to replace the illegal or void provision with another valid provision of similar effect.
13. Applicable law and jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable settlement, the dispute will be submitted to the courts of the judicial district of the vendor's registered office.