Terms of service

 

GENERAL TERMS AND CONDITIONS

click here to download


Last updated on 15 April 2020

The website:

________

(hereinafter the "Platform")

is an initiative of:

Skylux NV  
Spinnerijstraat 100, 8530 Stasegem  
Company number (CBE/VAT): BE 0416.659.342  
Email: info@skylux.be
Telephone: +32 056 20 00 00

Bank account number: BE68385011181234

(hereinafter "Skylux NV" or the "Seller")



  1. GENERAL TERMS OF USE

  2. Scope of application

These general terms of use (hereinafter referred to as the "GTU") apply to every visit to or use of the Platform and its information by an internet user (hereinafter referred to as the "User").

By visiting or using the Platform, the User acknowledges that he/she has read these GTU and expressly accepts the rights and obligations stated therein.

By way of exception, the provisions of the GTU may be waived by written agreement. Such deviations may consist of the amendment, addition or deletion of the provisions to which they relate and do not affect the application of the other provisions of the GTU.

We reserve the right to amend our GTU at any time and without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.


  1. Platform
  2. Accessibility and navigation

We take all reasonable and necessary measures to ensure the proper operation, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of operation, and our actions must therefore be regarded as being 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 possible 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.


  1. Content

Skylux NV largely determines the content of the Platform and takes great care with the information on it. We take all possible measures to keep our Platform as complete, accurate and up to date as possible, even when information is provided by third parties. We reserve the right to amend, supplement or remove the Platform and its content at any time, without any liability.

Skylux NV cannot provide an absolute guarantee regarding the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or up to date. Consequently, Skylux NV cannot be held liable for any damage, directly or indirectly, that the User may suffer as a result of the information provided on the Platform.

If certain content on the Platform is in breach of the law, the rights of third parties or public decency, please notify us by email as soon as possible so that we can take appropriate measures.

Any download from the Platform is always at the User's own risk. Skylux NV is not liable for any damage, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which remain the sole and exclusive responsibility of the User.


  1. Services reserved for registered Users

1) Registration

Access to certain services is conditional upon the User's registration.

Registration and access to the Platform's services are reserved exclusively for natural persons with legal capacity, after completing and validating the registration form available online on the Platform and these GTU.

At the time of registration, the User undertakes to provide correct, sincere and current information about himself/herself and his/her civil status. The User must also regularly check the data relating to him/her in order to ensure its accuracy.

The User must therefore provide a valid email address to which the Platform will send him/her confirmation of his/her registration for its services. An email address cannot be used more than once to register for the services.

Any communication from 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 at this email address and, if necessary, to reply within a reasonable period.

Only one registration per person is permitted.

The User is assigned an identification code allowing him/her access to an area reserved for him/her (hereinafter the "Personal Space"), in addition to entering his/her password.


The username and password can be changed online by the User in his or her Personal Space.

The password is personal and confidential, and the User undertakes not to disclose it to third parties.

Skylux NV nevertheless reserves the right to refuse a request to register for the Platform's services in the event of non-compliance with the GTU by the User.

2) Unsubscription

A duly registered User may request unsubscription at any time by going to the dedicated page in his Personal Space. Any unsubscription from the Platform will take effect as soon as possible after the user has completed the form provided for this purpose.


  1. Content published by the User


The User undertakes to comply with the laws in force in each of his publications on the Platform. He shall pay particular attention to the interests of third parties, offensive content and content that may be contrary to public order or decency. The User remains responsible for any content published on the Platform.

The Platform may exercise moderation over any publication and refuse to publish content online without stating reasons. Likewise, content published by a User may be amended or removed without any reason or time limit.

By publishing on the Platform, the User grants Skylux NV, free of charge and on a non-exclusive basis, the right to represent, reproduce, edit, adapt, modify, alter, distribute and disseminate the published content, directly or indirectly, on any medium and worldwide.


  1. 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 Skylux NV and the external website or even that there is an implicit agreement with the content of these external websites.

Skylux NV has no control over external websites.

We are therefore not responsible for the safe and proper operation of the hyperlinks and their final destination. As soon as the user clicks on the hyperlink, he/she leaves the Platform. We therefore cannot be held liable for any further damage.


  1. Intellectual property

The structure of the Platform, as well as the texts, graphics, images, photos, sounds, videos, databases, software applications, etc. of which the Platform is composed or which are accessible via the Platform, are the property of the publisher and are as such protected by the applicable laws in the field of intellectual property.

Any representation, reproduction, adaptation or partial or full exploitation of the content, trademarks and services offered by the Platform, in any manner whatsoever, without the publisher's prior, express and written authorisation, is strictly prohibited, with the exception of elements expressly indicated as royalty-free on the Platform.

The User of the Platform is granted a limited right of access to, use of and display of 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 agreed in writing in advance, the User is not permitted to modify, reproduce, translate, distribute, sell or communicate to the public the protected elements, in whole or in part.

The User is prohibited from entering data on the Platform that would alter or could alter the content or appearance of the Platform.


  1. Protection of personal data

Skylux NV assures users that it attaches the utmost importance to the protection of their privacy and personal data, and that it always strives to communicate clearly and transparently on this point.

The personal data provided by the user during their visit to or use of the platform is collected and processed by Skylux NV exclusively for internal purposes.  
 
Skylux NV undertakes to comply with the applicable legislation in this area, namely the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
 
The User's personal data is processed in accordance with the Privacy Policy available on the Platform.


  1. 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 brought before the courts of the judicial district where Skylux NV has its registered office.


  1. Miscellaneous provisions

Skylux NV reserves the right to modify, expand, remove, restrict or suspend the Platform and the associated services at any time, without prior notice and without liability.

In the event of a breach of the GTC by the User, Skylux NV reserves the right to take appropriate sanctions and compensatory measures. Skylux NV reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without stating reasons and without prior notice. They shall not give rise to any liability on the part of Skylux NV, nor to any form of compensation.

The illegality or total or partial invalidity of a provision of our GTC shall not affect the validity and application of the other provisions. In such a case, we shall be entitled to replace the provision with another valid and comparable provision.



  1. GENERAL TERMS AND CONDITIONS OF SALE
  2. Scope

These general terms and conditions of sale (hereinafter referred to as the "GTCS") define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter referred to as the "Customer").

The GTCS set out all obligations of the parties. The Customer is deemed to accept them without reservation, failing which their order will not be validated.

Exceptions to the provisions of the GTCS may be made in exceptional cases, provided that these exceptions have been agreed in writing. Such derogations 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 GTCS.

Skylux NV reserves the right to amend the GTCS from time to time. The amendments will apply as soon as they are published online for any purchase made after that date.


  1. Online shop

Through the Platform, the Seller provides the Customer with an online shop presenting the products or services sold, without the photos 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 Seller cannot be held liable on that basis.

The products and services are offered within the limits of their availability.

The prices and taxes are stated in the online shop.


  1. Price

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.

Prices are stated in euros and do not include any delivery costs, which are also indicated and invoiced before validation of the order by the Customer.

The total amount of the order (all taxes included) and, where applicable, the delivery costs are stated before the final validation of the order form.


  1. Ordering online

The Customer has the option 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 their order, the Customer must accept these GTCS by clicking in the place indicated.

The Customer must provide a valid email address, invoicing details and, where applicable, a valid delivery address. Any communication with the Seller may 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, an incorrect address or any other issue relating to the Customer's account until the problem has been resolved.


  1. Order confirmation and payment

The Seller remains the owner of the items ordered until full payment of the order has been received.

  1. Payment

The Customer makes payment at the time of final validation of the order using the chosen payment method. This validation takes the place of a signature.

The Customer guarantees to the Seller that they have the necessary authorisations to use this payment method and acknowledges that the information provided for this purpose constitutes proof of their consent to the sale and to the payment of the sums due under the order.

The Seller has put in place a procedure for checking orders and payment methods in order to provide reasonable assurance against any fraudulent use of a payment method, including by requesting identification data from the Customer.  
In the event of refusal of authorisation for payment by credit card by accredited organisations 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 settled or has only partially settled a previous order, or with whom a payment dispute is pending.

  1. Confirmation

Upon receipt of the validation of the purchase with payment, the Seller will send the Customer a summary of the purchase, as well as an invoice, unless the latter is provided with the order.

The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to customer service for this purpose before delivery (see contact details below).

In the event of the unavailability of a service or product, the Seller will inform the Customer as soon as possible by email in order to replace or cancel the order for that product and, where applicable, refund the corresponding price, while the remainder of the order remains firm and final.


  1. Proof

Communications, orders and payments between the Customer and the Seller may be proven by means of automated records, which are kept in the Seller's computer systems under reasonable security conditions.

Orders and invoices are archived on a reliable and durable medium that is considered, in particular, as evidence.


  1. Delivery

Delivery takes place only 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. 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 successive deliveries to the Customer.

Delivery shall take place, according to the method chosen by the Customer, within the following timeframes:

1 to 14 working days

Delivery times are indicative. In the event of late delivery, no compensation may be claimed from the Seller or the carrier. However, if the delivery times exceed thirty days after the date of the order, the sales agreement may be terminated and the Customer may be refunded.

  1. Inspection of the order

Upon receipt of the products, the Customer or the recipient shall check the good condition of the delivered product or the conformity of the delivered service.

If one or more of the ordered products 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.

The verification shall be deemed to have been carried out as soon as the Customer or a person authorised by them has accepted the order without reservation.

Any reservation not made in accordance with the rules defined above and within the stated time limits cannot be taken into consideration and releases the Seller from any liability towards the Customer.

  1. Delivery error

In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer shall notify the Seller within three working days of the delivery date.

Any complaint not submitted within the deadline cannot be taken into consideration and releases the Seller from any liability towards the Customer.

  1. Complaints procedure

- If you have a problem, complaint or question requiring immediate assistance, you can click here to get in touch with a customer service representative right away. They will help you as quickly as possible with a suitable solution. Would you prefer to speak to someone directly? Call us on +32 (0) 56 24 81 11.

-Dispute resolution through the Consumer Mediation Service and the European Union's Online Dispute Resolution platform for cross-border dispute resolution.

- If we are still unable to reach a solution together, you as a consumer can contact Safeshops. SafeShops.be will mediate between the consumer and the seller if the complaint appears well-founded at first sight. You can contact them via the complaints form at https://www.safeshops.be/nl/consumers-complaints/ or in writing: Kapelsesteenweg 195/1, 2180 Ekeren, e-mail: Info@SafeShops.be.

  1. Returns and exchanges

Please return the product to be exchanged or refunded in full and in its original packaging to the Seller according to the following conditions:

When purchasing our products, you have the option to cancel the agreement without stating reasons within 14 (fourteen) days. This period starts on the day after receipt of the product. If you make use of the right of withdrawal, the shipping costs in the event of withdrawal shall be borne by the buyer. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 30 days after the return or withdrawal.

Any complaint and any return not made in accordance with the rules defined above and within the stated time limits cannot be taken into consideration and releases the Seller from any liability towards the Customer.

The return costs shall be borne by the Customer.


  1. Guarantees

The Seller guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time the contract is concluded.

  1. Conformity guarantee

If the Customer is a consumer, they have two years from delivery of the product to invoke the legal conformity guarantee. Nevertheless, if the purchased product was a second-hand good, the guarantee 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 discovery of the sale.


  1. Right of withdrawal

If the Customer is a consumer, they may exercise their legal right of withdrawal within 14 working days after delivery of the goods or conclusion of the service agreement.

After notification of the decision to withdraw, the Customer then has 14 days to send back or return the goods.

Any withdrawal not carried out in accordance with the rules and time limits of this article cannot be taken into consideration and releases the Seller from any liability towards the Customer.

The Customer may request a refund for the returned product, without additional costs, with the exception of the return costs, which remain at their expense.

Please, if possible, return the products in full, intact and in their original condition, in particular with complete, intact packaging and in a saleable condition. If the consumer handles the product in a way that goes beyond what is permitted, the consumer is liable for the depreciation in value of the product.

The Seller shall refund the Customer all amounts paid, including delivery costs, within 14 days after taking back the goods or receipt of proof of dispatch of the goods.

If the order relates wholly or partly to digital content not supplied on a tangible medium, the Customer agrees to lose their right of withdrawal for such digital content in order for it to be delivered as quickly as possible.


Withdrawal form template

For the attention of:

Skylux NV  
Spinnerijstraat 100, 8530 Stasegem  
Company number (CBE/VAT): BE 0416.659.342  
E-mail: info@skylux.be
Phone: +32 056 20 00 00

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the agreement concerning the goods (*)/the provision of the service stated below:  
________________________________  
________________________________  
________________________________

Ordered on (*)/received on (*): __________

Name(s) of consumer(s): __________

Address(es) of consumer(s): __________

Signature of consumer(s) (only if this form is completed on paper):  
____________________

Date: __________

* Delete as appropriate


  1. Data protection

The Seller shall keep proof of the transaction, including the purchase order and invoice, in its computer systems and under reasonable security conditions.

The Seller guarantees its Customer the protection of their personal data in accordance with the Privacy Policy available on the Platform.


  1. Force majeure

If the Seller is wholly or partially prevented from carrying out the order by an unforeseen circumstance beyond its control, this shall constitute force majeure.

In the event of force majeure, the Seller has the right to suspend performance of the order in whole or in part for the duration of the force majeure. The Seller shall immediately inform the Customer thereof.

If the force majeure continues uninterrupted for more than 90 days, each of the parties to the contract has the right to terminate the contract unilaterally by registered letter to the other party. Nevertheless, the services already performed by the Seller shall be invoiced to the Customer on a pro rata basis.


  1. Independence of the provisions

If one or more provisions of these GTC are declared unlawful or void, the remaining provisions shall remain fully in force.

The unlawfulness or total or partial invalidity of a provision of these GTC shall not affect the validity and application of the other provisions.

The Seller reserves the right to replace the unlawful or invalid provision with another valid provision of equal scope.


  1. 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 judicial district of the Seller's registered office.