GENERAL TERMS AND CONDITIONS
Last updated 20 June 2020
(hereinafter the "Platform")
is an initiative of:
GDR Services GCV
Kerkstraat 81 - 2340 Vlimmeren
Company number (KBO/BTW): BE 0707861656
(hereinafter 'GDR Services GCV' or the 'Seller')
I. GENERAL TERMS AND CONDITIONS OF USE
These general terms and conditions of use (hereinafter the "TAC") apply to any visit to or use of the Platform and its information by an internet user (hereinafter the "User").
By accessing or using the Platform, the User acknowledges that he/she has read these TAC and expressly accepts the rights and obligations contained therein.
By way of exception, the provisions of the GTUs may be waived by written agreement. Such waivers may consist of the modification, addition or deletion of the provisions to which they relate, and shall not affect the application of the other provisions of the AGS.
We reserve the right to change our T&Cs at any time and without notice, but we undertake to apply the provisions in force at the time you used our Platform.
a. Accessibility and navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of operation and our actions should therefore be regarded as covered by a commitment of means.
Any use of the Platform is always at the User's own risk. We are therefore not liable for damages that may result from any malfunctions, interruptions, defects or even harmful elements on the Platform.
We reserve the right to restrict access to the Platform or interrupt its operation at any time without prior notice.
GDR Services GCV largely determines the content of the Platform and takes great care of the information contained therein. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without any liability.
GDR Services GCV cannot offer an absolute guarantee regarding the quality of the information on the Platform. As a result, this information may not always be complete, accurate or current. Consequently, GDR Services GCV cannot be held liable for any damage, direct or indirect, that the User may suffer as a result of the information provided on the Platform.
If certain content of the Platform is in breach of the law or the rights of third parties, or is contrary to good morals, please inform us as soon as possible by e-mail, so that we can take appropriate action.
Any download from the Platform is always at the User's own risk. GDR Services GCV is not liable for damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the sole and exclusive responsibility of the User.
c. Services reserved for registered Users
Access to some services is conditional on user registration.
Registration and access to the services of the Platform are reserved exclusively to natural persons who are legally competent, after having completed and validated the registration form available online on the Platform and these TAC.
At the time of registration, the User undertakes to provide accurate, truthful and up-to-date information about him/herself and his/her marital status. The User must also regularly check the data relating to him/her to ensure that it is correct.
The User must therefore provide a valid email address, at which the Platform will send him/her confirmation of his/her registration to its services. An email address cannot be used more than once to subscribe to the services.
Any communication from the Platform and its partners is therefore considered to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received at this email address and, if necessary, to reply within a reasonable deadline.
Only one registration is permitted per person.
The User shall be assigned an identification code with which he/she may access a space reserved for him/her (hereinafter "Personal Space"), in addition to entering his/her password.
The username and password can be changed by the User online in his/her Personal Space.
The password is personal and confidential and the User undertakes not to disclose it to any third party.
GDR Services GCV reserves the right in any case to refuse a request for registration to the services of the Platform in the event of non-compliance with the TAC by the User.
The User who is regularly registered can request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any deregistration from the Platform will be effective as soon as possible after the User completes the form provided for that purpose.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between GDR Services GCV and the external website, or even that there is an implicit agreement with the content of these external websites.
GDR Services GCV has no 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/she leaves the Platform. We cannot therefore be held liable for any further damage.
4. Intellectual property
The structure of the Platform, as well as the texts, graphics, images, photos, sounds, videos, databases, computer applications, etc. from which the Platform is composed or which can be accessed through the Platform, are the property of the publisher and as such are protected by the applicable intellectual property laws.
Any representation, reproduction, adaptation or partial or full exploitation of the content, brands and services offered by the Platform, by any means whatsoever, without the prior, express and written consent of the publisher is strictly prohibited, with the exception of elements expressly indicated as royalty-free 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 and non-commercial purposes. Unless otherwise previously agreed in writing, the User is not allowed to modify, reproduce, translate, distribute, sell, 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 or could alter the content or appearance of the Platform.
5. Protection of personal data
GDR Services GCV assures users that it attaches the greatest importance to the protection of their privacy and personal data, and that it always strives to communicate clearly and transparently in this respect.
The personal data provided by the user during his visit or use of the platform are collected and processed by GDR Services GCV exclusively for internal purposes.
GDR Services GCV undertakes to comply with the applicable legislation in this area, 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 competent jurisdiction
These GTCs are governed by Belgian law.
In the event of a dispute and in the absence of an amicable settlement, the dispute shall be brought before the courts of the judicial district where GDR Services GCV has its registered office.
7. Other provisions
GDR Services GCV reserves the right to modify, extend, delete, limit or interrupt the Platform and the related services at any time, without prior notice and without liability.
In the event of a breach of the TAC by the user, GDR Services GCV reserves the right to take appropriate sanctions and compensatory measures. GDR Services GCV reserves the right to deny the user access to the Platform or our services temporarily or permanently. These measures may be taken without stating reasons and without prior notification. They cannot involve the liability of GDR Services GCV, nor give rise to any form of compensation.
The illegality or full or partial invalidity of any provision of our TAC shall not affect the validity and application of the other provisions. In such a case, we shall be entitled to replace the provision by another valid and comparable provision.
II. GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter referred to as "GTC") define the mutual rights and obligations in the case of the purchase of products or services on the Platform by a User (hereinafter referred to as "Customer").
The GTCs express all obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
Exceptions to the provisions of the GTC may be made in exceptional cases, provided these exceptions have been agreed in writing. Such exceptions may consist of amending, adding or deleting the provisions to which they relate and shall not affect the application of the other provisions of the GTC.
GDR Services GCV reserves the right to amend the GTC from time to time. The changes will be applicable as soon as they are put online for any purchase after that date.
2. Online shop
Through the Platform, the Seller makes available to the Customer an online shop presenting the products or services sold, without the photographs having any contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the Vendor cannot be held liable for this fact.
The products and services are offered within the limits of their availability.
The prices and taxes are listed 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 shall apply, subject to availability on that date.
The prices are indicated in euros and do not take account of any delivery costs, which are moreover indicated and invoiced before the order is validated by the Customer.
The total amount of the order (all taxes included) and, if applicable, the delivery costs shall be indicated before final validation of the order form.
4. Online ordering
The Customer has the possibility of completing an order form online using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
To validate his order, the Customer must accept these GTC by clicking on the indicated place.
The Customer must provide a valid e-mail address, billing details and, if applicable, a valid delivery address. Any exchange with the Seller can take place via this email address.
In addition, the Customer must choose the delivery method and validate the payment method.
The Seller 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 for the order has been received.
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation is in lieu of a signature.
The Customer guarantees the Seller 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 payment of the amounts due in connection with the order.
The Seller has put in place a procedure to verify orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including requesting identification details from the Customer.
In case of refusal of authorisation to pay by credit card by accredited organisations or in case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not fulfilled a previous order or only in part, or with whom a payment dispute is pending.
Upon receipt of the validation of the purchase with payment, the Vendor shall send the Customer a part of the purchase, as well as an invoice, unless the latter is included 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 this effect to customer services prior to delivery (see contact details below).
In the event of the unavailability of a service or product, the Vendor shall inform the Customer by email as soon as possible in order to replace or cancel the order for this product and possibly refund the price involved, the rest of the order remaining firm and final.
Communications, orders and payments between the Customer and the Seller may be evidenced by computerised records, which are kept in the computer systems of the Seller under reasonable security conditions.
Orders and invoices shall be archived on a reliable and durable medium which shall be regarded as evidence in particular.
Delivery shall only take place after confirmation of payment by the Seller's bank.
The products will be delivered to the address indicated by the Customer on the online order form. Additional costs resulting from incomplete or incorrect information provided by the Customer will be charged to the Customer. For reasons of availability, an order may be subject to several consecutive deliveries to the Customer.
The delivery takes place, according to the method chosen by the Customer, within the following deadlines:
Standard delivery: 3 -14 working days
Delivery times are indicative. In the event of late delivery, no compensation may be claimed from the Seller or the carrier.
a. Checking the order
Upon receipt of the products, the Customer or the recipient shall check the good condition of the product delivered or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must formulate the necessary reservations to the carrier at the time of delivery and inform the Seller immediately.
Verification shall be deemed to be carried out as soon as the Customer or a person authorised by him has accepted the order without reservation.
Any reservation that is not made according to the rules defined above and within the time limits laid down cannot be taken into consideration and relieves the Seller of any liability towards the Customer.
b. Error in the delivery
In case of a delivery error or non-conformity of the products with the information on the order form, the Customer shall inform the Seller within three working days after the delivery date.
Any complaint not made within the deadline shall not be taken into consideration and shall relieve the Seller of any liability towards the Customer.
c. Returns and exchanges
The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, in accordance with the following arrangements:
Return shipment up to maximum 15 days after purchase by mail to return address GDR Services GCV - Kerkstraat 81 - 2340 Vlimmeren. The buyer must have notified the seller of the return by phone or e-mail within 3 days after receipt. The purchased item must at all times not have been used or worn and the packaging must not have been opened.
Exchanges based on buyer's remorse will not be accepted.
According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Commission of 25 October 2011 in the field of consumer rights, the following is laid down:
1. Goods that are clearly personalised or made to measure for the customer will not be taken back.
Any complaint 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 relieve the Seller of any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging.
The costs of the return shipment shall be borne by the Customer.
9. Right of withdrawal
The right of withdrawal does not apply in the case of 'buyer's tremors', purchase regrets.
10. Data protection
The Seller shall keep in its computer systems and under reasonable security conditions evidence of the transaction, including the purchase order and the invoice.
11. Force majeure
If the Seller is wholly or partly prevented from fulfilling the order due to an unforeseen circumstance beyond his control, this shall be regarded as 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 Customer of this immediately.
If the force majeure lasts for more than 90 days without interruption, each of the parties to the contract shall be entitled to terminate the contract unilaterally by registered letter to the other party. The services already provided by the Vendor shall nevertheless be invoiced to the Customer on a pro rata basis.
12. Independence of provisions
If one or more provisions of these GTC are declared unlawful or null and void, the remaining provisions shall remain in full force and effect.
The illegality or the total or partial invalidity of any provision of these GTC shall not affect the validity and the application of the other provisions.
The Seller reserves the right to replace the unlawful or invalid provision with another valid provision of similar effect.
13. Applicable law and competent jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and failing an amicable settlement, the dispute shall be submitted to the courts of the legal district of the registered office of the Seller.