Terms and conditions
GENERAL TERMS AND CONDITIONS
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")
I. GENERAL TERMS OF USE
1. Scope
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 having read these GTCs and expressly accepts the rights and obligations set out therein.
By way of exception, the provisions of the GTCs may be waived by written agreement. Such derogations may consist of the amendment, addition or deletion of the provisions to which they relate and shall not affect the application of the other provisions of the GTCs.
We reserve the right to amend our GTCs 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.
2. 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 offer any 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 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.
b. Content
Skylux NV largely determines the content of the Platform and takes great care with the information published on it. 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 remove the Platform and its content at any time, without any liability.
Skylux NV cannot provide any 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 current. Consequently, Skylux NV 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 on the Platform is contrary to the law or to the rights of third parties, or is contrary to public decency, we ask that you 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 are the User's sole and exclusive responsibility.
c. Services reserved for registered Users
1) Registration
Access to certain services is subject to 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 made available online on the Platform and these GTC.
At the time of registration, the User undertakes to provide correct, truthful and up-to-date information about himself/herself and his/her civil status. The User must also regularly check the data concerning 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 registration for its services. An email address may not be used more than once to register for the services.
Any communication from the Platform and its partners shall therefore be deemed to have been received and read by the User. The latter therefore undertakes to consult the messages received at this email address regularly and, where necessary, to reply within a reasonable time.
Only one registration is permitted per person.
The User is assigned an identification code allowing him/her access to a space reserved for him/her (hereinafter the "Personal Space"), in addition to entering his/her password.
The username and password may 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 reserves the right in any event to refuse a request to register for the Platform's services in the event of the User's non-compliance with the GTC.
2) Unsubscribe
A duly registered User may at any time request to unsubscribe by going to the dedicated page in his/her Personal Space. Any unsubscription from the Platform shall take effect as soon as possible after the user has completed the form provided for this purpose.
d. Content published by the User
The User undertakes to comply with the applicable laws through 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 morality. The User remains responsible for any content published on the Platform.
The Platform may exercise moderation over any publication and refuse to publish the content online without stating reasons. Likewise, content published by a User may be modified or removed without any reason or notice period.
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.
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 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 functioning 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.
4. Intellectual property
The structure of the Platform, as well as the texts, graphics, images, photos, sounds, videos, databases, computer 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 intellectual property laws.
Any representation, reproduction, adaptation or partial or full exploitation of the content, brands and services offered by the Platform, in any manner whatsoever, without the publisher's prior, express and written consent, is strictly prohibited, with the exception of elements expressly designated as royalty-free on the Platform.
The User of the Platform 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 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 the protected elements, in whole or in part, to the public.
The User is prohibited from entering data on the Platform that would alter or could alter the content or appearance of the Platform.
5. Protection of personal data
Skylux NV 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 on this point.
The personal data provided by the user during their visit to or use of the platform are 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 are processed in accordance with the Privacy Policy available on the Platform.
6. Applicable law and competent jurisdiction
These GTCs 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.
7. Miscellaneous provisions
Skylux NV reserves the right to modify, extend, remove, restrict or suspend the Platform and the related services at any time, without prior notice and without liability.
In the event of a breach of the GTCs by the User, Skylux NV reserves the right to take appropriate sanctions and compensatory measures. Skylux NV 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 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 any provision of our GTCs 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.
II. GENERAL TERMS AND CONDITIONS OF SALE
1. Scope
These general terms and conditions of sale (hereinafter referred to as 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 referred to as the "Customer").
The GTC express all obligations of the parties. The Customer is deemed to accept them without reservation, failing which the order will not be validated.
Exceptions to the provisions of the GTC may be made in exceptional cases, provided that these exceptions have been agreed in writing. Such deviations may consist of modifying, adding or deleting the provisions to which they relate and shall not affect the application of the other provisions of the GTC.
Skylux NV reserves the right to amend the GTC from time to time. The amendments will apply as soon as they are published online to any purchase made after that date.
2. Online store
Through the Platform, the Seller makes an online store available to the Customer 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 subject to availability.
Prices and taxes are stated in the online store.
3. Price
The Seller reserves the right to change its prices at any time by publishing them online.
Only the stated prices 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 stated and invoiced before the Customer validates the order.
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.
4. Ordering online
The Customer has the option to complete 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 the order, the Customer must accept these GTC by clicking in the place indicated.
The Customer must provide a valid email address, billing 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 issue has been resolved.
5. Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order has been received.
a. Payment
The Customer makes payment at the time of the 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 he has the necessary authorizations to use this payment method and acknowledges that the information provided for this purpose constitutes proof of his consent to the sale and to the payment of the amounts due under the order.
The Seller has put in place a procedure to verify orders and payment methods in order to provide reasonable assurance against any fraudulent use of a payment method, including by requesting identification details from the Customer.
In the event of refusal of authorization for payment by credit card by accredited organizations 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 completed or has only partially completed a previous order or with whom a payment dispute is pending.
b. Confirmation
Upon receipt of the validated purchase with payment, the Seller will send the Customer a summary of the purchase, as well as an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by submitting such a request to customer service before delivery (see contact details below).
In the event that a service or product is unavailable, the Seller will inform the Customer by email as soon as possible in order to replace or cancel the order for that product and, if applicable, reimburse the corresponding price, while the remainder of the order remains firm and final.
6. Evidence
Communication, orders and payments between the Customer and the Seller may be evidenced by automated records stored in the Seller's computer systems under reasonable security conditions.
Orders and invoices are archived on a reliable and durable medium, which is considered, in particular, as evidence.
7. Delivery
Delivery will only take place after payment has been confirmed 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 availability reasons, an order may depend on several consecutive deliveries to the Customer.
Delivery takes place, according to the method chosen by the Customer, within the following timeframes:
1 to 55 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.
a. Checking the order
Upon receipt of the products, the Customer shall check, or have the recipient check, the good condition of the delivered product or the conformity of the service provided.
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 inform the Seller immediately.
Verification is 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 specified time limits cannot be taken into account and releases the Seller from any liability towards the Customer.
b. 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 inform the Seller within five working days of the delivery date.
Any complaint not submitted within the time limit cannot be taken into account and releases the Seller from any liability towards the Customer.
c. Complaints procedure
- If you have a problem, complaint or question that requires 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 tailored solution. Would you prefer to speak to someone? Call us on +32 (0) 56 24 81 11.
-The dispute resolution service of the Consumer Ombudsman Service and the European Union's online Dispute Resolution platform for cross-border dispute resolution.
- If we are still unable to resolve the matter together, you as a consumer can contact SafeShops. SafeShops.be will mediate between the consumer and the seller if the complaint appears to be well-founded at first sight. You can reach them via the complaints form at https://www.safeshops.be/nl/consumers-complaints/ or in writing: Kapelsesteenweg 195/1, 2180 Ekeren, email: Info@SafeShops.be.
d. Returns and exchanges
Please return the product to be exchanged or refunded in full and in its original packaging to the Seller in accordance with the following terms:
When purchasing our products, you have the option to terminate 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 will be borne by the buyer; if the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days after the return shipment or withdrawal.
Any complaint and any return shipment not made in accordance with the rules defined above and within the specified time limits cannot be taken into consideration and releases the Seller from any liability towards the Customer.
The return costs are borne by the Customer.
8. Warranties
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 was concluded.
a. Guarantee of conformity
If the Customer is a consumer, they have two years from delivery of the product to invoke the legal guarantee of conformity. Nevertheless, if the purchased product was a second-hand item, 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 years after discovery of the sale.
9. Right of withdrawal
If the Customer is a consumer, they may exercise their statutory right of withdrawal within 14 working days after delivery of the goods or conclusion of the service agreement.
After notification of their decision to withdraw, the Customer then has 14 days to return the goods.
Any withdrawal that is 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, at no additional cost, with the exception of return shipping costs, which remain at their expense.
If possible, please return the products complete, intact and in their original condition, in particular with full packaging, preferably intact, and in a condition suitable for sale. If the consumer handles the product in a way that goes beyond what is permitted, the consumer is liable for any reduction in the product's value.
The Seller will reimburse the Customer for all amounts paid, including delivery costs, within 14 days after taking back the goods or receiving proof of shipment of the goods.
If the order relates in whole or in part to digital content not supplied on a physical medium, the Customer agrees to waive their right of withdrawal for such digital content in order to be delivered as quickly as possible.
Model withdrawal form
For the attention 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
I/We (*) hereby give notice to you (*) of my/our (*) withdrawal from the contract concerning the good (*)/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
10. Data protection
The Seller shall keep proof of the transaction, including the purchase order and the 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.
11. Force majeure
If the Seller is wholly or partially prevented from fulfilling the order by an unforeseen circumstance beyond its control, this shall constitute force majeure.
In the event of force majeure, the Seller shall have 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 without interruption for more than 90 days, each of the parties to the contract shall have the right to terminate the contract unilaterally by registered letter to the other party. The services already performed by the Seller shall nevertheless be invoiced to the Customer on a pro rata basis.
12. Severability of the provisions
If one or more provisions of these GTC are declared unlawful or void, the remaining provisions shall remain in full force and effect.
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 equivalent 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 judicial district of the Seller's registered office.