GENERAL TERMS AND CONDITIONS
Last updated 15 April 2020
The website:
________
(hereinafter the "Platform")
is an initiative of:
Skylux NV
Spinnerijstraat 100, 8530 Stasegem
Company number (KBO/VAT): BE 0416.659.342
E-mail: 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 any 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 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 deviations may consist of amending, supplementing or deleting 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 operation, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of operation and our actions must therefore be considered 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 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 determines the content of the Platform to a large extent and takes great care with the information it contains. We take all possible measures to keep our Platform as complete, accurate, and up to date as possible, even when the information 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 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 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, 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 the 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
1) Registration
Access to certain services is conditional upon the User’s registration.
Registration and access to the Platform’s services are exclusively reserved for natural persons who are legally competent, after completing and validating the registration form available online on the Platform and these T&Cs.
At the time of registration, the User undertakes to provide accurate, truthful and up-to-date information about themselves and their civil status. The User must also regularly check the data relating to them to ensure its accuracy.
The User must therefore provide a valid email address, to which the Platform will send a confirmation of their subscription 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 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, where necessary, to reply within a reasonable time.
Only one registration is allowed per person.
The User is assigned an identification code that gives them access to a space reserved for them (hereinafter the "Personal Space"), in addition to entering their password.
The username and password can be changed by the User online in their Personal Space.
The password is personal and confidential; the User undertakes not to disclose it to third parties.
Skylux NV reserves the right in any event to refuse any request for registration to the Platform's services in the event of non-compliance with the GTC by the User.
2) Unsubscribe
A User who is duly registered may request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any unsubscription from the Platform will take effect as soon as possible after the user has completed the designated form.
d. Content published by the User
The User undertakes to comply with the applicable laws through each of his or her publications on the Platform. He or she 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 each publication and refuse to publish the content online without giving reasons. Likewise, content published by a User may be modified or removed for any reason or without any 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 throughout the world.
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 implied 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 correct operation 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, photographs, sounds, videos, databases, computer applications, etc. that make up the Platform or are accessible via the Platform, are the property of the publisher and are as such protected by the applicable laws on intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the Platform, by any means whatsoever, without the prior, express and written consent of the publisher, is strictly prohibited, except for elements expressly identified as royalty-free on the Platform.
The User of the Platform 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 agreed in advance in writing, 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.
5. 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 in this regard.
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 are processed in accordance with the Privacy Policy available on the Platform.
6. Applicable law and competent jurisdiction
These T&Cs 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. Other 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 T&Cs by the User, Skylux NV reserves the right to take appropriate sanctions and compensation 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 cannot 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 T&Cs shall not affect the validity and application of the other provisions. In such a case, we shall have the right to replace the provision with another valid and similar provision.
II. GENERAL TERMS AND CONDITIONS OF SALE
1. Scope
These general terms and conditions of sale (hereinafter referred to as "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 "Customer").
The GTC set out all the 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 GTC may be made in exceptional cases, provided that such exceptions are agreed in writing. Such deviations may consist of amending, adding to, 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 changes will apply as soon as they are published online for any purchase made after that date.
2. Online shop
Through the Platform, the Seller makes an online shop 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 for this fact.
The products and services are offered within the limits of their availability.
Prices and taxes are indicated in the online shop.
3. 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 apply, subject to availability on that date.
Prices are stated in euros and do not take into account any delivery costs, which are also indicated and invoiced before the Customer validates the order.
The total amount of the order (all taxes included) and, where applicable, the delivery costs are shown before the final validation of the order form.
4. Online ordering
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 their order, the Customer must accept these GTC by clicking in the indicated place.
The Customer must provide a valid email address, billing details and, where applicable, a valid delivery address. Any exchange 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 on the Customer's account until the issue is resolved.
5. Order confirmation and payment
The Seller remains the owner of the ordered items until full payment of the order has been received.
a. Payment
The Customer makes the payment at the time of final validation of the order using the chosen payment method. This validation serves in place of a signature.
The Customer guarantees the Seller that they have the necessary authorizations to use this payment method and acknowledges that the information provided for this purpose constitutes proof of their agreement to the sale and to the payment of the amounts due under the order.
The Seller has implemented a procedure for checking orders and payment methods in order to reasonably protect against any fraudulent use of a means of payment, 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 settled a previous order, or has only partially settled it, or against whom a payment dispute is pending.
b. Confirmation
Upon receipt of the validation of the purchase with payment, the Seller will send part of the purchase to the Customer, as well as an invoice, unless the latter is supplied 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 of unavailability of a service or product, the Seller will inform the Customer by e-mail as soon as possible in order to replace or cancel the order for this product and, where applicable, refund the corresponding price, while the rest of the order remains firm and final.
6. Proof
Communication, orders and payments between the Customer and the Seller may be evidenced by automated records, which are stored in the Seller’s computer systems under reasonable security conditions.
Orders and invoices are archived on a reliable and durable medium that is specifically regarded as evidence.
7. Delivery
Delivery only takes place 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 fulfilled through several successive deliveries to the Customer.
Delivery takes place, according to the method chosen by the Customer, within the following time limits:
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 from the date of the order, the sales contract may be cancelled and the Customer may be refunded.
a. Order inspection
Upon receipt of the products, the Customer checks, or the recipient checks, the good condition of the delivered product or the conformity of the delivered service.
In the event that 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.
Inspection is deemed to have been carried out as soon as the Customer or a person authorized by him has accepted the order without reservation.
Any reservation made not in accordance with the rules defined above and within the specified deadlines 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 deadline 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 immediately get in touch with a customer service representative. They will help you as soon as possible with a tailored solution. Do you prefer speaking to someone? Call us on +32 (0) 56 24 81 11.
- The dispute resolution scheme at the Consumer Ombudsman Service and the European Union's Online Dispute Resolution platform in cross-border dispute resolution.
- If we still cannot reach an agreement together, you as a consumer can turn to 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 complaint form at https://www.safeshops.be/nl/consumers-complaints/ or in writing at: Kapelsesteenweg 195/1, 2180 Ekeren, e-mail: Info@SafeShops.be.
d. Returns and exchanges
Please send the product to be exchanged or refunded back to the Seller in its entirety and in the original packaging, according to the following conditions:
When purchasing our products, you have the right to withdraw from the agreement without giving any reason for 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 trader will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Any complaint and any return that is not made in accordance with the rules defined above and within the prescribed time limits cannot be taken into account and releases the Seller from any liability towards the Customer.
The costs of the return shipment 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 of conclusion of the contract.
a. Warranty of conformity
If the Customer is a consumer, he has two years from the delivery of the product to exercise the legal conformity warranty. Notwithstanding this, if the purchased product was a second-hand good, 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 years after discovery of the sale.
9. Right of withdrawal
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days after delivery of the goods or conclusion of the services contract.
After notifying his 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 deadlines of this article cannot be taken into account and releases the Seller from any liability towards the Customer.
The Customer may request a refund of the returned product, at no additional cost, except for the cost of return shipment, which remains at his expense.
Please, if possible, return the products as a whole, intact and in their original condition, in particular complete, preferably in undamaged packaging and in a saleable condition. In the event that the consumer handles the product in a way that goes beyond what is permitted, the consumer is liable for the decrease in value of the product.
The Seller shall reimburse the Customer all amounts paid, including delivery costs, within 14 days of taking back the goods or sending proof of shipment of the goods.
If the order relates wholly or partly to digital content that is not supplied on a tangible medium, the Customer agrees to lose the right of withdrawal for such digital content in order to be delivered as quickly as possible.
Withdrawal form template
To the attention of:
Skylux NV
Spinnerijstraat 100, 8530 Stasegem
Company number (KBO/VAT): BE 0416.659.342
E-mail: info@skylux.be
Telephone: +32 056 20 00 00
I/We (*) hereby inform you (*) that I/we (*) withdraw from the contract concerning the goods (*)/the provision of the service indicated below:
________________________________
________________________________
________________________________
Ordered on (*)/received on (*): __________
Name(s) of the consumer(s): __________
Address(es) of the consumer(s): __________
Signature of the 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 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 be entitled to suspend performance of the order, in whole or in part, for the duration of the force majeure. The Seller shall inform the Customer immediately thereof.
If the force majeure continues uninterrupted for more than 90 days, either party to the contract shall have the right to terminate the contract unilaterally by registered letter sent to the other party. Services already performed by the Seller shall nevertheless be invoiced to the Customer on a pro rata basis.
12. Severability of 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 the 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 AVV are governed by Belgian law.
In the event of a dispute and in the absence of an amicable settlement, the dispute will be submitted to the courts of the judicial district of the Seller’s registered office.