TERMS AND CONDITIONS
GENERAL CONDITIONS OF USE AND SALE
Updates on 05/10/2020
(hereinafter the "Platform")
is an initiative of:
Village Street, 317
4000 Rocourt (Liège)
Company number (BCE / TVA): BE 0873.142.728
(hereinafter "COVIPROTEC" or the "Seller")
I. GENERAL CONDITIONS OF USE
These general conditions of use (hereinafter the "CGU") apply to any visit or use of the Platform and its information by an Internet user (hereinafter "User").
By visiting or using the Platform, the User acknowledges having read these Terms and expressly accepts the rights and obligations mentioned therein.
Exceptionally, the terms of the T & Cs may be waived by written agreement. These derogations can consist in the modification, the addition or the deletion of the clauses to which they relate and have no incidence on the application of the other provisions of the CGU.
We reserve the right to modify our T & Cs at any time, without prior notification, but we undertake to apply the provisions which were in force when you used our Platform.
at. Access and navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer an absolute guarantee of operability and we must therefore consider our actions as being covered by an obligation of means.
Any use of the Platform is always at the User's own risk. Thus, we are not responsible for damage that may result from possible malfunctions, interruptions, faults or even harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without prior notification obligation.
COVIPROTEC largely determines the content of the Platform and takes great care of the information present on it. We take all possible measures to keep our Platform as complete, precise 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 liability being incurred.
COVIPROTEC cannot offer an absolute guarantee concerning the quality of the information present on the Platform. It is therefore possible that this information is not always complete, exact, sufficiently precise or up to date. Consequently, COVIPROTEC cannot be held responsible for any damage, direct or indirect, that the User would suffer from by the information present on the Platform.
If certain content on the Platform is in violation of the law or the rights of third parties, or is contrary to morality, we ask you to inform us as soon as possible by email so that we can take appropriate measures.
Any download from the Platform always takes place at the risk of the User. COVIPROTEC cannot be held liable for any damage, direct or indirect, arising from these downloads, such as loss of data or damage to the User's computer system, which is entirely and exclusively the responsibility of the latter.
vs. Services reserved for registered Users
Access to certain services is subject to the registration of the User.
Registration and access to the Platform's services are reserved exclusively for legally capable 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 on his person and his marital status. The User must also carry out a regular verification of the data concerning him in order to maintain its accuracy.
The User must imperatively provide a valid e-mail address, on which the Platform will send him a confirmation of his registration for his services. An email address cannot be used more than once to register for services.
Any communication made by the Platform and its partners is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received on this e-mail address and, if necessary, to reply within a reasonable time.
Only one registration is allowed per natural person.
The User is assigned an identifier allowing him to access a space to which access is reserved for him (hereinafter "Personal Space"), in addition to entering his password.
The user name and password can be changed online by the User in his Personal Space. The password is personal and confidential, the User thus undertakes not to communicate it to third parties.
COVIPROTEC reserves in any event the possibility of refusing a request for registration for the services of the Platform in the event of non-compliance by the User with the T & Cs.
The regularly registered User may at any time request their unsubscription by going to the dedicated page in their Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the form provided for this purpose.
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 COVIPROTEC and the external website or even that an implicit agreement exists with the content of these external sites.
COVIPROTEC has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. From the moment the User clicks on the hyperlink, he leaves the Platform. We cannot therefore be held liable in the event of subsequent damage.
4. Intellectual property
The structuring of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which make it up or which are accessible via the Platform are the property of the publisher and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, registered trademarks and services offered by the Platform, by any process whatsoever, without the express prior written authorization of the publisher, is strictly prohibited, at the except the elements expressly designated as free of rights on the Platform.
The Platform User is granted a limited right of access, use and display of the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and can only be used for personal, non-commercial use. Without prior written agreement, Users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering data on the Platform which would modify or which could modify its content or appearance.
5. Protection of personal data
Personal data provided by the User during his visit or use of the Platform is collected and processed by COVIPROTEC exclusively for internal purposes. COVIPROTEC assures its users that it attaches the utmost importance to the protection of their privacy and their personal data, and that it always undertakes to communicate in a clear and transparent manner on this point.
COVIPROTEC undertakes to comply with the legislation applicable in this area, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
6. Applicable law and competent jurisdiction
These Terms are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where COVIPROTEC has its registered office.
7. General provisions
COVIPROTEC reserves the right to modify, extend, delete, limit or interrupt the Platform and the associated services at any time, without prior notification, and without incurring its liability.
In the event of violation of the T & Cs by the User, COVIPROTEC reserves the right to take appropriate sanction and repair measures. COVIPROTEC notably reserves the right to refuse the User any access to the Platform or to our services temporarily or definitively. These measures can be taken without giving any reason and without notice. They cannot engage COVIPROTEC's responsibility or give rise to any form of compensation.
The illegality or total or partial nullity of a provision of our T & Cs will have no impact on the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
II. TERMS OF SALES
These general conditions of sale (hereinafter the "GTCS") define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter "Customer").
The CGV express all the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
Exceptions may exceptionally be made to the provisions of the GTCS insofar as these derogations have been the subject of a written agreement. These derogations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GTC.
COVIPROTEC reserves the right to modify the GTCs from time to time. The modifications will be applicable as soon as they are put online for any purchase after this date.
2. Online store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having a 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 responsibility of the Seller cannot be engaged as a result.
The products and services are offered within the limit of their availability.
Prices and taxes are specified in the online store.
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability on this date.
The prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced in addition before the validation of the order by the Customer.
The total amount of the order (all taxes included) and, if applicable, delivery costs is indicated before final validation of the order form.
4. Order online
The Customer has the possibility of filling out an order form online, using an electronic form. By filling in the electronic form, the Customer accepts the price and description of the products or services.
For his order to be validated, the Customer must accept these GTC by clicking on the place indicated.
The Customer must provide an email address, billing details and, where applicable, a valid delivery address. Any exchange with the Seller may take place using this email address.
In addition, the Customer must choose the delivery method and validate the method of payment.
The Seller reserves the right to block the Customer's order in the event of default of payment, incorrect address or any other problem on the Customer's account, until resolution of the problem.
5. Confirmation and payment of the order
The Seller remains the owner of the items ordered until receipt of full payment for the order.
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation serves as a signature.
The Customer guarantees to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as to the payment of the sums due under the order.
The Seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In the event of refusal to authorize payment by credit card from accredited bodies or in the event 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 fully or partially settled a previous order or with whom a payment dispute is in progress.
Upon receipt of validation of the purchase accompanied by payment, the Seller transmits it to the Customer, as well as an invoice, unless delivery of the latter with the order.
The Customer may request that the invoice be sent to a different address from that of delivery by sending a request to this effect to customer service (see contact details below) before delivery.
In case of unavailability of a service or a product, the Seller will keep the Customer informed by email as soon as possible in order to replace or cancel the order of this product and possibly to reimburse the related price, the rest of the order remaining firm and final.
Communications, orders and payments made between the Customer and the Seller may be proven through computerized registers, stored in the Seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
Delivery is only made after confirmation of payment by the Seller's banking organization.
The products are delivered to the address indicated by the Customer on the online form worth order form. Additional costs arising from incomplete or incorrect information by the Customer will be invoiced to him. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
Delivery takes place, according to the method chosen by the Customer, within the following deadlines:
24H to 10 working days
Delivery times are indicative. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If the delivery times exceed thirty days from the order, the sales contract may however be terminated and the Customer reimbursed.
at. Verification of the order
Upon receipt of the products, the Customer or the recipient checks 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 make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller thereof.
Verification is considered to have been carried out as soon as the Customer or a person authorized by him has received the order without expressing reservations.
Any reservation not made in the rules defined above and within the time limits could not be taken into account and will release the Seller from any responsibility vis-à-vis the Customer.
b. Delivery error
In the event of a delivery error or non-conformity of the products in relation to the indications appearing on the order form, the Customer shall inform the Seller thereof within three working days following the delivery date.
Any complaint not made within the time limit will not be taken into account and will release the Seller from any responsibility vis-à-vis the Customer.
vs. Returns and exchanges
The product to be exchanged or reimbursed must be returned to the Seller as a whole and in its original packaging, in the following ways:
Any complaint and any return not made in the rules defined above and within the time limits could not be taken into account and will release the Seller from any responsibility vis-à-vis the Customer.
Any product to be exchanged or reimbursed must be returned to the Seller as a whole and in its original packaging. Return costs are the responsibility of the Customer.
The Seller is responsible for the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.
at. Guarantee of conformity
If the Customer is a consumer, he has a period of two years from the delivery of the product to implement the legal guarantee of conformity. However, if the product purchased was a second-hand item, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and, in any event, no later than two months after it has been noted.
9. Right of withdrawal
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days of delivery of the goods or the conclusion of the service contract.
After communicating their decision to withdraw, the Customer then has 14 days to return or return the goods.
Any withdrawal not made according to the rules and deadlines defined by this article cannot be taken into account and will release the Seller from all responsibility towards the Customer.
The Customer may request a refund of the returned product, without penalty, except for the return costs which remain at his expense.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in sale condition.
The Seller shall reimburse the Customer for all the sums paid, including the delivery costs, within 14 days of the recovery of the goods or of the transmission of proof of the shipment of these goods.
If the order relates, in whole or in part, to digital content not provided on a material medium, the Customer hereby agrees to lose, for this digital content, its right of withdrawal in order to be delivered as soon as possible.
Model withdrawal form
To the attention of :
Village Street, 317
4000 Rocourt (Liège)
Company number (BCE / TVA): BE 0873.142.728
I / We (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract relating to the sale of the good (*) / for the provision of service (*) below:
Ordered on (*) / received on (*): __________
Name of consumer (s): __________
Address of consumer (s): __________
Signature of the consumer (s) (only if this form is notified on paper):
* Strike out what does not apply
10. Data protection
The Seller will keep in his computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice.
11. Force majeure
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond his control, then force majeure is involved.
In the event of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller immediately notifies the Customer.
If the force majeure continues for more than 90 days without interruption, each of the parties to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. The services already performed by the Seller will nevertheless be invoiced in proportion to the Customer.
12. Independence of clauses
The illegality or the total or partial nullity of a provision of these CGV will have no impact on the validity and the application of the other provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.
13. Applicable law and competent jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller's registered office.