General Terms and Conditions
- GENERAL PROVISIONS
Throughout these general terms and conditions, the term :
" Customers ": respond to the qualification " Customers " :
The "Consumers", namely the natural persons who purchase a good / goods and a service / services for purposes that are outside their trade, business, craft or profession;
the "Professionals", namely the natural or legal persons who procure a good/ goods and a service/ services as part of the sustainable pursuit of their economic objective.
" Agreement" : meet the qualification " Agreements " :
- Service Agreement " means any agreement other than a Sales Agreement, whereby the Seller provides or undertakes to provide the Customer with a Service and the Customer pays or undertakes to pay the price thereof (e.g. the provision of maintenance or repair services by the Seller);
- The " Sales Contract " :any contract whereby the Seller transfers or undertakes to transfer ownership of Goods to the Customer and the Customer pays or undertakes to pay the price thereof, including any contract involving both Goods and Services; (e.g. the sale of drones, accessories, audio-visual materials or the sale of training courses involving the supply of theoretical documents, coupled with the provision of practical training courses).
" Place of Delivery": to the address indicated by the Customer or to the address of the Seller at 2627 Schelle, Interescautlaan 100;
" Party" means the Seller or the Customer, jointly referred to as " the Parties" .
" Payment Service Provider": Company in charge of ensuring the correct execution of payments within the Contracts concluded at a distance ;
" Products": Goods and/or Services offered by the Seller at the address of the Show-room and on the Site and the sale of which is subject to the General Terms and Conditions ;
Services ": any performance by the Seller in the context of its professional activity or in execution of its statutory purpose;
the " Goods ": the tangible movable items offered by the Seller, such as drones, all accessories and audiovisual materials.
" Show-room ": Seller's premises where the Goods and Services are offered, accessible to Customers by appointment only and located at 2627 Schelle, Interescautlaan 100.
" Site ": The website operated by the Seller, accessible at the address https://www.aerialsolutions.be/, where the Goods and Services are offered.
" Seller": TWORX BVBA, with registered office at 2610 Wilrijk, Bloemenveld 21, and registered in the Kruispuntbank der Ondernemingen under number 0847.821.867.
Phone : +32 (0) 485 462 599
E-mail : email@example.com
VAT N°: BE 0847.821.867.
Account number with a Belgian credit institution : BE34 7340 3483 1190 BIC : KREDBEBB.
Civil liability insurance (aeronautical activities) (policy no. 14.020.382
) concluded for the Member States of the European Union with the Belgian Aviation Insurance Corporation
(AVIABEL) registered in the KBO under number 0403.248.004.
Member of the V.Z.W. Belgian Unmanned Aircraft Systems.
1.2 Object of the General Terms and Conditions
The General Terms and Conditions govern the Agreements concluded between the Seller and the Customers,
- in the Show-room (Agreements in the presence of the Parties) ;
- via the Site and/or by telephone (Distance Contracts).
1.3 Deviations, amendments and non-applicability
The General Terms and Conditions may only be deviated from by means of a written document originating from the Seller and duly signed by the Parties.
In case of conflict between these general terms and conditions and the special terms and conditions of the Seller specifically included in a Product offer, the special terms and conditions shall prevail.
The General Terms and Conditions exclude the application of any other terms and conditions stated in documents originating from Customers or third parties, even if these documents are of a later date.
The Seller reserves the right to amend and/or supplement the general terms and conditions at any time for the conclusion of future Agreements.
The general terms and conditions applicable to the Contract are those in force at the time of confirmation of the order.
The non-application, by the Seller, of one or more provision(s) of the General Terms and Conditions may under no circumstances be interpreted as a waiver of the right to rely on such provision(s).
- DESCRIPTION OF THE PRODUCTS
The Goods are presented with their essential characteristics (models, brands, specifications, functionalities, descriptions, prices, etc.) in commercial communications (including on the Site).
The Services are presented with their essential characteristics (type of Services offered, options available, etc.) in commercial communications (including on the Site).
The information provided through these commercial communications (including on the Site) does not bind the Seller in relation to Professionals. The Seller reserves the right to make any modifications to the information that it deems useful and/or necessary.
The Products are illustrated by photographic material. The photographic material is entirely outside the scope of the contract and is provided purely for illustrative purposes.
The Seller reserves the right to modify the Product Range presented through commercial communications (including on the Site) at any time and without notice.
- PRICE OF THE PRODUCTS
All prices are expressed in euro (EUR) and include VAT.
The costs, taxes and other charges related to the purchase of Products (in particular any transport, shipping and delivery costs for the Goods) shall be notified later when the order is confirmed and shall be borne by the Customer, unless expressly agreed otherwise.
Except for Consumers, the Seller reserves the right to modify the price or unilaterally cancel an order if the price and/or description of the Product(s) indicated in the commercial communications (at the Site and elsewhere) is obviously erroneous, despite the Seller's best efforts to ensure the accuracy of the information contained in the commercial communications (at the Site and elsewhere).
The Seller shall be entitled to change its prices at any time, it being understood that the price of confirmed orders shall never be changed.
Prices quoted in quotations are strictly personal and may not be shared with other parties.
- DELIVERY OF GOODS
The Seller undertakes to deliver the ordered Goods to the extent that the available stocks allow it and to provide the Services to the extent that the available manpower allows it.
Unless the Parties have expressly stipulated a different delivery period for the Goods / Services in the order form signed by the Customer (Agreements in the presence of the Parties) or when concluding a distance contract (e.g. Agreements via the Site), the Goods / Services shall be delivered within a period of ten (10) working days commencing on the day of delivery:
- on signing the order form (Agreements in the presence of the Parties):
- when sending the e-mail confirming the order (Distance contracts).
For Professionals, the delivery times for Goods/Services are given as an indication only, and no compensation may be claimed from the Seller in the event that the aforementioned times are not met.
If, after the conclusion of the Agreement, a Good or Service cannot be delivered on the agreed delivery date, the Customer shall be informed thereof and may choose:
- or, to cancel the Agreement, in which case it shall be refunded by bank transfer within 14 calendar days;
- or, to wait until the Good becomes available again or the Service can be provided; in this case, the Customer shall be regularly informed of the availability date of the Good or the delivery date of the Service.
The Customer shall notify the Seller of his choice by e-mail.
If the delivery concerns a Good and this is likely to be delayed due to causes attributable to the Customer, the Good shall be kept in storage, if necessary, at the expense and risk of the Customer. The Seller is relieved of any liability in this respect.
- ACCEPTANCE OF THE PRODUCTS
Without prejudice to the right of the Consumer to exercise any right of withdrawal and/or to invoke the mandatory provisions of the applicable law, the delivery of the Goods or Services to the Customer shall definitively terminate all claims of the Customer, unless reservations are formulated by registered letter to be received by the Seller within a period of 10 (ten) calendar days starting from the actual delivery date (confirmed by the issue of a delivery note) of the Goods and/or Services
In case of cancellation of an order that has not yet been delivered, the customer will be charged a cancellation fee of 25€ ex VAT.
- PROVISIONS SPECIFICALLY APPLICABLE IN THE CASE OF THE CONCLUSION OF A DISTANCE CONTRACT
6.1 Order processing in the case of a Contract concluded on the Site
The Customer can choose whether to conclude an Agreement via the Site in Dutch, French or English.
The conclusion of an Agreement via the Site is only possible if a customer account has been created beforehand.
The placing of an order is technically possible only if the Customer has expressly acknowledged that he has taken note of and accepted the contents of the General Terms and Conditions.
To conclude an Agreement via the Site, the Customer must follow the following steps:
- The Customer connects to the Site, selects the Products he wishes to purchase and places them in his "Shopping Cart" ("Cart"), expressing his will to place the order by confirming his Shopping Cart.
- Until the time of payment, the Customer can change his order by clicking on the "shopping basket" icon at the top right of the screen.
- The Seller shall communicate to the Customer the total amount to be paid including VAT for the selected Products, as well as the amount of the ancillary costs, such as the delivery costs (if any).
- After having received a complete summary of the order and after having verified the content and the total price of his order including VAT, the Customer confirms his will to proceed to the payment phase.
- To place the order, the Customer must identify himself and indicate the delivery address and the desired delivery method.
- He must then select the desired payment method.
- To pay, the Customer must click on the "Pay" button or a similar message.
- The Customer is then automatically redirected to the Payment Service Provider's site, where he must provide his payment parameters (payment method, credit card number, etc.).
- The payment is requested from the relevant financial institution.
- The Customer will receive the payment confirmation.
- The price of the Products, any costs of delivery and all other costs, shall be paid in full prior to delivery of the Products.
- When the payment is confirmed to the Seller, the Customer is informed of the acceptance of the order by e-mail (" Confirmation E-mail "). The Confirmation email contains a summary of the order. The Seller recommends keeping this email on paper or electronically as proof of the contents of the order. The sending of this Confirmation E-mail after the acceptance of the payment is considered to be the moment when the Agreement is effectively concluded between the Parties.
The Seller will then proceed with the delivery of the Products to the Delivery Location indicated at the time the order was placed.
6.2 Settlement of an order in the case of a Contract concluded as a result of a telephone call
When a Consumer informs the Seller by telephone of his wish to conclude a Contract, the Seller shall confirm the interim agreement by sending an e-mail containing a complete summary of his order, the general terms and conditions applicable to this order and the invitation to make payment.
When the payment is confirmed to the Seller, the Agreement is effectively concluded between the Parties.
The Seller shall then proceed to deliver the Goods/Services at the Delivery Location indicated prior to placing the order.
6.3 Consumer right of termination
For distance contracts for which there is a right of withdrawal, the Consumer shall be entitled to inform the Seller, by means of an unequivocal statement, of his decision to withdraw from the Contract within a period of 14 calendar days from the day on which the Consumer - or a third party designated by the Consumer and not being the carrier - has taken physical possession of the Good.
For remotely concluded Service Agreements for which a right of withdrawal exists, the Consumer shall be entitled to inform the Seller, by means of an unequivocal statement, of his decision to withdraw from the Agreement within 14 calendar days from the day on which the Agreement was concluded.
- a) Cases in which the Consumer has no right of withdrawal
In the cases stipulated by Article VI.53 of the Economic Code the Consumer shall not be entitled to invoke his right of withdrawal, and in particular in cases of :
- delivery of Goods manufactured according to Consumer specifications, or Goods which are clearly intended for a specific person;
- delivery of Goods which spoil quickly or have a limited shelf life;
- delivery of Goods which, after delivery, are by their nature irrevocably mixed with other products;
- delivery of digital content which is not supplied on a tangible medium, if the performance has commenced with the express prior consent of the Consumer and provided the Consumer has acknowledged that he thereby loses his right of withdrawal;
- complete performance of the Service if performance has commenced with the Consumer's express prior consent, and provided the Consumer has acknowledged that he will lose his right of withdrawal once the Seller has completed performance of the Contract.
The Consumer acknowledges that he has been informed that he will lose his right of withdrawal in the cases provided for in this provision, in particular:
- if the drone was made according to its specifications ;
- if the drone has flown ;
- if the batteries were used; etc.
- b) Exercise of the right of withdrawal by the Consumer
If the Consumer wishes to exercise his right of withdrawal (apart from the exceptions provided for in Article VI.53 of the Economic Code), he has the right to withdraw from the Contract without giving any reason within a period of fourteen (14) days.
The Consumer shall inform the Seller of its decision to withdraw from the Contract by means of an unequivocal statement, (e.g. using the wording of the withdrawal form proposed in these General Terms and Conditions), within fourteen (14) calendar days:
- after the day of concluding the Agreement if it concerns a Services Agreement;
- after the day on which the Consumer - or a third party designated by the Consumer and not being the carrier - has taken physical possession of the Good, if it concerns a Sales contract;
- after the day on which the Consumer - or a third party designated by the Consumer and not being the carrier - has taken possession of the last Good if it concerns a Contract relating to multiple Goods ordered by the Consumer in one order and insofar as these Goods are delivered separately.
- After the day on which the Consumer - or a third party designated by the Consumer and not being the carrier - takes physical possession of the last consignment or part, if it concerns a Contract for the delivery of a Good consisting of several consignments or parts.
To effectively exercise his right of withdrawal, the Consumer may:
- notify his/her intention to revoke by ordinary mail to the Seller's Showroom (2610 Wilrijk, Boomsesteenweg 643) or by e-mail to firstname.lastname@example.org.
|Example of a withdrawal formFor the attention of TWORX BVBA, with registered office at Bloemenveld 21, 2610 Wilrijk, and registered with the Crossroads Bank for Enterprises under number 0847821867- Tel.Tel.: +32 (0) 485 462 599-E-mail : email@example.com.- I/We (*) hereby give notice of my/our (*)withdrawal from the Contract concerning the goods (*)/for the provision of the service (*) defined below:- Ordered on (*)/received on (*)- Name of consumer(s)- Address of consumer(s)-Signature of consumer(s) (only in case of communication of this form on paper)- Date(*) Please delete the superfluous details.|
When the right of withdrawal concerns a Contract pursuant to which the Consumer has received Goods, the Seller shall recover these from the Consumer in their original packaging and with all accessories. The direct costs related to the recovery of the Goods shall be borne by the Consumer.
- c) Repayment following exercise of the right of withdrawal by the Consumer
If the right of withdrawal applies and the Consumer exercises this right, the total purchase price paid by the Consumer (including the transport costs for a standard delivery, but possibly reduced by an amount corresponding to the reduction in value of the Goods due to the use of the Goods, insofar as this use went beyond what is necessary to establish the nature the characteristics and functioning of the Goods) will be reimbursed by the Seller, using the same means of payment used at the time of entering into the Agreement, within a period of fourteen (14) calendar days following the day on which the Seller is informed of the Consumer's decision to withdraw from the Agreement.
The Consumer shall be liable for the reduction in value of the Goods due to the use of the Goods, insofar as such use went beyond what was necessary to establish the nature, characteristics and functioning of the Goods.
If the Good is taken back without its original packaging, the depreciation shall be fixed at 15% of the purchase price to cover the costs of checking and possibly restoring the Good to its original condition.
Only the Goods in their original packaging that are not damaged can be the subject of a full refund.
If the Consumer has expressly opted for a mode of delivery other than the cheapest standard delivery offered by Seller, the additional delivery costs of the Goods will not be refunded.
- PENALTIES IN THE EVENT OF NON-PERFORMANCE AND DISSOLUTION OF THE AGREEMENT
Without prejudice to the possibility of invoking common law sanctions against both Consumers and Professionals, the Seller expressly reserves the right:
- to immediately suspend, without prior intervention by a court of law and without having given the Client notice of default, the performance of all or part of its own obligations under the Agreement (e.g. delivery of Goods, performance of Services) for as long as the Client fails to meet its own obligations and without the Professional being able to claim any compensation for this;
- to give notice of termination of the Contract with immediate effect, without prior intervention by a court of law and without the payment of any damages, in the event that the Customer fails to remedy a contractual default within eight (8) days after the Vendor has sent a notice of default inviting the Customer to put an end to the contractual default in question;
- to give notice of the termination of the Agreement with immediate effect, without prior intervention by a court of law and without the need to pay any compensation:
- in the event of serious suspicions of bad faith or (attempted) fraud on the part of the Customer;
- in case of repeated abuse of the right of withdrawal by the Consumer;
- in the event of the repeated supply of fictitious, erroneous or suspect data by the Customer;
- in the case of orders placed by a minor or a person lacking full legal capacity.
7.1 Collecting overdue invoices
When collecting invoices not paid or paid late by a client, the service provider may call on a debt-collection agency/court bailiff to collect the overdue invoices. The costs arising from this shall be charged in full to the customer. In the event of a written reminder, €12.5 in reminder costs shall be charged. The penalty clause amounts to 10%.
All delivered goods that have not yet been paid for remain the property of TWORX BV.
8.1 Seller's general warranty
Upon delivery of the Goods and Services, the Customer shall verify the conformity of the Goods and Services delivered, in order to formulate, if applicable, a reservation as to their conformity.
The Customer is obliged to immediately inform the Seller if he notices a visible defect in the delivered Goods and/or Services.
If any defects are not reported within ten (10) days after delivery of the Goods / Services, the Customer shall be deemed to have accepted / approved the delivered Goods / Services.
Unless expressly agreed otherwise, and notwithstanding any mandatory provisions to the contrary (in particular, the Consumer's right of withdrawal where it exists), the Goods sold shall not be taken back by the Seller. Any return outside the context of the exercise of the Consumer's right of withdrawal shall therefore require the prior written approval of the Seller. The Customer shall send its request for approval to return the Goods by email to: firstname.lastname@example.org. In the event of an approved return and subject to the application of the consumer goods guarantee (see article 8.2. below), the Customer shall bear all costs related to the transport of the returned Goods.
If the Customer makes a complaint and this reservation is found to be justified by the Seller after examination of the goods or service concerned, the Seller shall have the choice between:
- the payment of a fee, not exceeding the amount paid by the Customer for the order or
- the repair of the Good and/or the provision of the Service free of charge.
8.2 Warranties reserved for Consumers
- (a) Warranty for consumer goods - obligation to supply corresponding goods
The articles 1649bis et seq. of the Civil Code confer rights on Consumers in connection with the sale of Goods to Consumers.
These rights shall not be affected by any other warranties granted by this provision.
The Seller shall be liable to the Consumer for any lack of conformity which exists at the time of delivery of the Goods and which becomes apparent within a period of two (2) years from the said delivery.
On penalty of forfeiture of the guarantee, the Consumer must inform the Seller of the existence of a lack of conformity within a period of two (2) months from the day the Consumer discovered the defect, by registered letter.
The Consumer's legal action shall be time-barred after a period of one (1) year from the day he established the lack of conformity, without that period being allowed to expire before the end of the two (2) year period from delivery of the Goods.
Notwithstanding the foregoing, Seller shall be liable to the Consumer for any lack of conformity that exists upon delivery of a second-hand good and that manifests itself within a period of one (1) year from said delivery.
When making a lawful and proper claim under the warranty, the Consumer shall be entitled, in the first instance, to request from Seller the repair or the replacement of the Good free of charge, except where this would be impossible or disproportionate. Any repair or replacement shall be carried out within a reasonable time and without serious inconvenience for the Consumer, taking into account the nature of the Good and the use intended by the Consumer. The costs referred to in this provision are the costs that must be incurred to bring the Goods into conformity, such as, among other things, shipping costs and costs related to wages and materials.
The Consumer shall be entitled to obtain from the Seller an appropriate price reduction or the rescission of the contract.
- if he is not entitled to repair or replacement, or
- If the Seller does not provide the Consumer with the necessary information within a reasonable time or without serious inconvenience for the Consumer, the
has carried out the repair or replacement. Nevertheless, the Consumer shall not be entitled to demand the rescission of the Contract if the lack of conformity is minor.
In the event of a price reduction, any reimbursement to the Consumer shall be reduced to take account of the use the Consumer has had of the Good since its delivery.
- b) Guarantee for hidden defects
The Seller furthermore guarantees towards the Consumers the legal warranty for hidden defects, as set out in the Articles 1641 to 1649 of the Civil CodeThe Seller also guarantees the Consumers the legal warranty for hidden defects, as set out in the Belgian Civil Code, if the hidden defect existed at the time of delivery and if the defect renders the Product unfit for the use for which it is intended or significantly impairs its use.
Any hidden defect must be brought to the Seller's attention as soon as possible by registered letter from the moment the Consumer discovers, or, as the case may be, should normally have discovered, the defect.
In the case of a hidden defect, the Consumer shall have the choice either to return the Good and be reimbursed the price or to keep the Good and be reimbursed part of the price.
For the avoidance of doubt, the Seller excludes any warranty obligation for hidden defects towards Professionals.
8.3 Manufacturer's specific Warranty
The Goods offered by the Seller may also be subject to an additional warranty offered by the manufacturer (" Specific Warranty "), the scope and duration of which vary according to the Goods offered.
In order to know whether the Goods offered for sale are subject to such a Specific Warranty and to know the scope thereof, the Customer is invited to consult the commercial documentation relating to the Goods concerned.
If such Specific Warranty is offered, it shall commence on the date of purchase of the Good and shall cover defects in manufacture.
If the Seller is not itself the manufacturer of the Goods, it shall only accept a claim under the Specific Warranty for the Goods it has sold itself.
If the Customer wishes to invoke the Specific Warranty, he must enclose proof of purchase (copy of the ticket or invoice) and comply with the requirements imposed by the manufacturer.
The Customer will lose the rights granted to him by the Specific Warranty if he has not complied with the manufacturer's instructions in order to make a valid claim.
This Specific Warranty does not affect the Consumer's rights under the Consumer Goods Warranty (Article 8.2.a) above).
- LIABILITY OF THE SELLER
9.1 General liability limitation
The Seller's obligation is an obligation of means. He shall only be liable in the event of gross negligence or fraud on his part or on the part of one of his employees.
Without prejudice to mandatory legal provisions, the Seller's liability :
- shall be limited to compensation for the damage of the Customer directly and exclusively resulting from the shortcomings of the Seller or the detected defects in the Products;
- in any case be limited to the amount of the price of the Products on which this liability is based (maximum ceiling) ;
- in any case not extend to compensation for immaterial and/or indirect damage, including in particular operating losses, loss of income, loss of turnover, interruption of activities, loss or deterioration of data and/or commercial damage.
The Customer must warn the Seller by registered letter within eight (8) calendar days following the occurrence of the alleged damage and enable the Seller to make all useful findings.
9.2 Exclusion of liability
- a) In case of force majeure
The non-performance or late performance of one or more contractual obligations by the Seller shall not be regarded as a breach of contract on its part, provided that such non-performance or late performance is directly attributable to a case of force majeure (" Force Majeure ").
Including cases of force majeure, without this list being exhaustive:
- disruptions/breaks of the Site, telecommunications and/or payment services that are external and independent of the Seller's reasonable will and whose occurrence and consequences could not have been reasonably foreseen by the Seller;
- strikes, lock-outs or other social conflicts, including conflicts with the carrier and/or the telecommunications / postal services;
- any fire, flood or natural disaster that is beyond the reasonable control of the Seller and the event and its consequences could not have been reasonably foreseen by the Seller;
- a shortage or reduction of labour, material, means of transport or public services or disruptions related to the supply of energy, telecommunications networks/Internet;
- a significant change in the law applicable to the Products offered for sale;
- the cessation of production of Goods by their manufacturer (if the manufacturer is not the Seller);
- or any other similar circumstance, which is beyond the reasonable control of the Seller and the event and its consequences could not be reasonably foreseen by the Seller.
The Seller, Victim of Force Majeure :
- shall immediately inform the Customer in writing of the situation and its consequences;
- will consult with the Customer on appropriate interim measures and will attempt, with due diligence, to eliminate, dissolve or remedy the cause of the non-performance or delay; and
- shall, after the cause of the non-performance or the late performance has disappeared, fulfil its obligations as soon as reasonably possible.
In the event that the force majeure situation lasts longer than two (2) months, either Party may terminate the Agreement by e-mail, without this entitling the other Party to claim any compensation.
- b) In the event of a prohibition to use the Products in the Customer's country of residence and/or in any other territory and in the event of non-compliance by the Customer with the applicable regulations
The Seller undertakes to respect the regulations in force when manufacturing and marketing the Products.
Under no circumstances does the Seller guarantee that the Products marketed can be exploited and/or used in the Customer's country of residence and/or in any other territory where the Customer wishes to use them.
That is why it is the job of the Customer:
- to inform himself of the regulations applicable to the use and exploitation of the Products purchased from the Seller, in his country of residence and/or in any other territory where the Seller wishes to use them and this prior to the purchase of these Products (such as, for example, the Royal Decree of 10 April 2016 regarding the use of remotely controlled aircraft in Belgian airspace) and
- to obtain all registrations, licences or other authorisations necessary so that the Products may be used in his country of residence and/or in any other territory where he wishes to use them (such as, for example, registration with the DGLV (http://mobilit.belgium.be/nl/luchtvaart/drones)).
The Seller shall be relieved of any liability in the following circumstances :
- if the Products purchased from the Seller cannot be used/exploited in the Customer's country of residence and/or in any other territory where the Customer wishes to use them;
- if the Customer does not meet the legal and regulatory requirements for using the Products in his country of residence and/or in any other territory where he wishes to use them;
- if the documentation relating to the legal and regulatory requirements applicable to the use of Products in the Customer's country of residence and/or in any other territory where the Customer wishes to use them, communicated free of charge by the Seller to the Customer at the latter's request, proves to be incomplete and/or incorrect.
- c) In the event of non-compliance with the manufacturer's instructions for use and/or in the event of use not in accordance with the manufacturer's instructions for use
The Customer acknowledges having been informed that certain Products sold by the Seller involve risks.
By way of illustration, the Customer acknowledges having been informed of the increased fire and explosion risk posed by Lithium Polymer (Li-Po) batteries.
The Customer undertakes to consult the manufacturers' instructions for use and to comply strictly with the instructions for use for each Product purchased, in order to avoid, as far as possible, any risk of accident.
The Customer is aware that the Seller is not in a position to verify the Customer's compliance with the instructions for use of the Products.
The Seller shall in any case be relieved of its liability for inadequate use of the Products.
- PROCESSING OF PERSONAL DATA OF CUSTOMERS
10.1 Processing of Customers' personal data by the Seller
Legal grounds for processing
The processing of personal data is based on Article 5 a) and b) of the Law of 8 December 1992 on the protection of privacy in relation to the processing of personal data and 6.1. a) and b) of the General Data Protection Regulation (2016/679).
Purposes of processing
The Seller collects and processes the Customers' personal data for customer management purposes (such as, for example, for customer administration, order management, delivery tracking, Services billing, solvency tracking, and sending marketing and personalised advertising).
Subject to the Customers' express consent, the Seller may send them newsletters by electronic mail.
Customers may withdraw their consent at any time, by changing the settings of their customer account and/or by sending an e-mail free of charge to: email@example.com.
Right of access, correction, deletion and portability of personal data
Customers have access to their personal data and can have them corrected if they are incorrect or incomplete, have them deleted and have their processing restricted.
In addition, they have the right to obtain a copy (in a structured, commonly used and machine-readable form) of their personal data and to have it transferred to another company (right to portability of personal data).
In order to exercise the aforementioned rights, Customers are requested to:
- change the settings of their customer account themselves; and/or
- to send an e-mail free of charge to the following e-mail address: firstname.lastname@example.org.
The personal data of the Customers processed by the Seller will be stored:
- if no Agreement is concluded: for as long as the customer account is active ;
- if a Contract is concluded: for the period necessary to meet the legal requirements (e.g. in the field of accounting).
Customers have the right to lodge a complaint with the Commission for the Protection of Privacy (Rue de la Presse, 35, 1000 Brussels - email@example.com).
10.2 Processing of Customers' personal data by the Payment Service Provider
The Seller is not responsible for the processing of personal data of the Customers carried out as part of a payment transaction.
This processing is the responsibility of the Payment Service Provider.
These data are processed by the Payment Service Provider, who is obliged to respect the legal obligations with regard to the processing of personal data within the scope of its duties.
- INTELLECTUAL PROPERTY RIGHTS
The commercial documentation, the design of the Site and the texts, names, logos, layout and illustrations as well as other elements contained therein may be protected by copyright, trademark law and image law, as well as by all other applicable intellectual property rights.
All such elements are the property of the Seller and/or third parties from whom the Seller has obtained the necessary permissions. They cannot be communicated or used in any way by the Customers without the prior written approval of the Seller.
Any reproduction of a commercial or advertising nature of information (images, texts, figures, etc.) contained in commercial documentation or on the Site, as well as any form of use and reproduction of other constitutive elements of the Site, such as the graphic representation, images, sounds or computer applications, are strictly prohibited without the prior written consent of the Vendor.
Any such request should be addressed to the Seller by sending an e-mail to: firstname.lastname@example.org.
- CONTACT AND INFORMATION / COMPLAINTS AND OUT-OF-COURT SETTLEMENT OF DISPUTES
For any question or remark concerning the conclusion, the performance or the cancellation of a Contract and/or concerning the after-sales service, as well as for any complaint, the Customer can contact the Vendor's customer service department from Tuesday to Friday between 10 a.m. and 12 noon and between 2 p.m. and 6 p.m.:
- or by phone : +32 (0) 485 462 599 ;
- or by e-mail: email@example.com ;
- or by ordinary mail : 2610 Wilrijk, Bloemenveld 21.
In the event of a complaint, the Customer may also contact the Online Dispute Resolution Platform set up at European level to try to resolve the dispute with the Vendor out of court: https: //webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
- FINAL PROVISIONS
If any provision of the General Terms and Conditions should be declared null and void, the Parties agree that it shall not be enforceable, but that the other provisions of the General Terms and Conditions shall continue to have effect, except where the provision at issue is essential and the General Terms and Conditions can no longer be amended in good faith in order to restore or maintain the balance of rights and obligations of the Parties.
Between the Parties, the transactions, operations on the network, electronic communications, connections and other electronic manipulations may be proved by means of .log files, e-mails and transaction files, which may be stored by the Seller on electronic media.
The Customer accepts the evidential value of these data.
This possibility of proof does not prevent the Parties from using any other means of proof permitted by law.
13.3 Applicable law
The general terms and conditions are governed by Belgian law, without prejudice to the right of Consumers resident outside Belgium to invoke mandatory provisions of their national law.
13.4 Competent courts
Any dispute between the Parties which has not been resolved amicably shall fall within the exclusive competence of the Courts of Antwerp, without prejudice to the right of the Consumers to invoke provisions of mandatory law.