General conditions of sale
Mises à jour le 23/11/2020
Information about the website Propixel.be
Address: Pavement Antwerp 403, 1000 Brussels
Company number (BCE/TVA): BE 0793 226 903
Phone number: +32485 721 592
I. GENERAL TERMS AND CONDITIONS OF USE
1. Scope of application
These general terms and conditions of use (hereinafter the “CGU”) apply to any visit to 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 GTU and expressly accepts the rights and obligations set forth herein.
In exceptional cases, the provisions of the GCU may be waived by written agreement. Such derogations may consist in 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 GCU.
We reserve the right to modify our TOU at any time, without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.
a. Access and navigation
Access to and use of the Platform is restricted to persons aged 18 or over. Each User declares on their honour that they are of the required age. We reserve the right to request proof of the User’s age by any means.
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 our actions must therefore be considered as covered by an obligation of means.
Any use of the Platform is always at the User’s own risk. Therefore, we are not liable for any damages resulting from possible malfunctions, interruptions, defects or harmful elements on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without obligation to give prior notice.
propixel.be largely determines the content of the Platform and takes great care over the information it contains. We take all possible steps 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 liability.
propixel.be cannot offer an absolute guarantee as to the quality of the information on the Platform. It is therefore possible that this information may not always be complete, accurate, sufficiently precise or up to date. Therefore, propixel.be shall not be held liable for any direct or indirect damage suffered by the User as a result of information provided on the Platform.
If any content on the Platform infringes the law or the rights of third parties, or is otherwise unethical, we ask you to 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. propixel.be cannot be held responsible for any direct or indirect damage resulting from these downloads, such as loss of data or damage to the User’s computer system, which is entirely and exclusively the User’s responsibility.
c. Services reserved for registered users
Access to certain services is subject to User registration.
Registration and access to the Platform’s services are reserved exclusively for natural persons of legal age and capacity who have completed and validated the registration form available online on the Platform, as well as these GCU.
When registering, the User undertakes to provide accurate, sincere and up-to-date information about himself/herself and his/her marital status. In addition, the User must regularly check his or her personal data to ensure that it is accurate.
The User must therefore provide a valid e-mail address, to which the Platform will send confirmation of registration for its services. An e-mail 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 check messages received at this e-mail address and, if necessary, to reply within a reasonable time.
Only one entry per person is permitted.
The User is assigned a login enabling him/her to access an area reserved for him/her (hereinafter “Personal area“), in addition to entering your password.
Users can change their login and password online in their Personal Area. The password is personal and confidential, and the User undertakes not to communicate it to third parties.
propixel.be reserves the right to refuse any request for registration on the Platform if the User fails to comply with the GCU.
Regularly registered Users may unsubscribe at any time by visiting the dedicated page in their Personal Area. Any unsubscription from the Platform will be effective as soon as possible after the User has filled in the form provided for this purpose.
d. Content published by the User
The user undertakes to comply with the laws in force through each of his or her publications on the Platform. He will be particularly attentive to the interests of third parties, to offensive content and to content likely to be contrary to public order or morality. The User remains responsible for all content published on the Platform.
The Platform may exercise moderation over any publication and refuse to post content online without having to provide any justification. Similarly, content published by a User may be modified or deleted without reason or delay.
By publishing on the Platform, the User transfers free of charge and on a non-exclusive basis to propixel.be the right to represent, reproduce, adapt, modify, distribute and disseminate, directly or indirectly and in any medium and worldwide the content published.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply any relationship between propixel.be and the external website or even that an implicit agreement exists with the content of these external sites.
propixel.be has no control over external websites; We are therefore not responsible for the safe and correct operation of hyperlinks and their final destination. Once the User clicks on the hyperlink, he/she leaves the Platform. We cannot therefore be held liable for any subsequent damage.
4. Intellectual property
The structuring of the Platform, as well as 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 with respect to intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights 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, non-commercial purposes. Except with prior written consent, Users are not authorized to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering data on the Platform that would modify or be likely to modify its content or appearance.
5. Personal data protection
Personal data provided by the User when visiting or using the Platform is collected and processed by propixel.be exclusively for internal purposes. propixel.be assures its users that it attaches the utmost importance to protecting their privacy and personal data, and that it is always committed to communicating clearly and transparently on this point.
propixel.be undertakes to comply with the relevant legislation, namely the Law of December 8, 1992 on the protection of privacy with regard to the processing of personal data and the European Regulation of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
6. General provisions
propixel.be reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice, and without incurring any liability.
In the event of a breach of the GTU by the User, propixel.be reserves the right to take appropriate sanctions and remedial measures. propixel.be reserves the right to deny the User access to the Platform or our services, either temporarily or permanently. Such measures may be taken without giving any reason and without prior notice. They cannot engage the responsibility of propixel.be or give rise to any form of compensation.
The illegality or invalidity, in whole or in part, of any provision of our TOU shall not affect the validity and enforceability of any other provision. In such a case, we have the right to replace the provision with another valid provision of similar scope.
II. TERMS AND CONDITIONS OF SALE
1. Scope of application
These General Terms and Conditions of Sale (hereinafter the “CGV”) define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter “Client”).
The GCS express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which the order will not be validated.
In exceptional cases, deviations from the provisions of the GCS may be made, provided that such deviations have been agreed in writing. Such derogations may consist in 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 GCS.
propixel.be reserves the right to modify the GTC from time to time; The modifications will be applicable as soon as they are put online for all purchases made after this date.
2. Online shop
Through the Platform, the Vendor provides the Customer with an online store presenting the products or services sold, without the photographs having any contractual value.
Products and services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Vendor cannot be held responsible.
Products and services are offered subject to 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 at that date.
Prices are indicated in euros and do not include any delivery charges, which are indicated and invoiced in addition before the order is validated by the Customer.
The total amount of the order (including all taxes) and, where applicable, delivery charges is indicated before final validation of the order form.
4. Online ordering
The customer can fill in an order form online. By completing the electronic form, the Customer accepts the price and description of the products or services.
For the order to be validated, the Customer must accept the present General Terms and Conditions by clicking where indicated.
The Customer must provide a valid e-mail address, billing address and, if applicable, delivery address. Any exchange with the Vendor may take place via this e-mail address.
In addition, the Customer must choose the delivery method and validate the payment method.
The Vendor reserves the right to block the Customer’s order in the event of non-payment, incorrect address or any other problem with the Customer’s account, until the problem is resolved.
5. Order confirmation and payment
The Vendor retains ownership of the items ordered 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 method of payment. This validation takes the place of a signature.
The Customer guarantees the Vendor that he/she has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his/her consent to the sale as well as the payability of the sums due for the order.
The Vendor has set up a procedure for verifying orders and means of payment in order to provide a reasonable guarantee against any fraudulent use of a means of payment, including by requesting identification data from the Customer.
In the event of refusal to authorize payment by credit card by the accredited organizations or in the event of non-payment, the Vendor reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
On receipt of the purchase confirmation and payment, the Vendor sends the Customer 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 sending a request to this effect to customer service (see contact details below) prior to delivery.
In the event of unavailability of a service or product, the Vendor will inform the Customer by e-mail as soon as possible in order to replace it or cancel the order of this product and possibly to refund the related price, the remainder of the order remaining firm and definitive.
Delivery is made only after confirmation of payment by the Seller’s bank.
Products are delivered to the address indicated by the Customer on the online order form. Additional costs arising from incomplete or erroneous information provided by the customer will be invoiced to the customer. For reasons of availability, an order may be subject to several successive deliveries to the Customer.
Delivery takes place, depending on the method chosen by the Customer, within the following timescales;:
Standard delivery: 6-8 days;
Express delivery: 2-3 days;
In-store collection within: 5 days;
Delivery times are given for information only. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If delivery times exceed thirty days from the order date, the sales contract may be cancelled and the Customer reimbursed.
a. Order verification
On receipt of the products, the Customer or recipient shall check that the products delivered are in good condition or that the service provided is in conformity.
In the event that one or more of the products ordered are missing or damaged, the Customer or recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Vendor.
Verification is considered to have been carried out when the Customer or a person authorized by him has received the order without expressing any reservations.
Any reservation not made in accordance with the rules defined above and within the allotted time will not be taken into account and will release the Vendor from all liability towards the Customer.
b. Delivery error
In the event of a delivery error or non-conformity of the products in relation to the information on the order form, the Customer shall inform the Vendor within three working days of the delivery date.
Any claim not made within the allotted time will not be taken into account and will release the Vendor from all liability towards the Customer.
c. Feedback and discussion
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 terms and conditions:
Product returned by post within 30 days of order delivery date, to the following address: Strijderstraat 11a Herne, Belgium
Any claim or return not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Vendor from any liability to the Customer.
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging. Return shipping costs are at the Customer’s expense.
The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time the contract is concluded.
a. Warranty of conformity
If the Customer is a consumer, he has a period of two years from delivery of the product to invoke the legal warranty of conformity. However, if the product purchased was a second-hand item, the warranty period is one year.
Any lack of conformity must be reported to the Vendor as soon as possible, and in any event no later than two months after its discovery.
9. Right of withdrawal
If the Customer is a consumer, he may exercise his statutory right of withdrawal within 14 working days of delivery of the goods or conclusion of the service contract.
After having communicated his decision to withdraw, the Customer then has 14 days to return or restitute the goods.
Any retraction not carried out in accordance with the rules and deadlines defined in the present article shall not be taken into account and shall release the Vendor from all liability towards the Customer.
The Customer may request a refund of the returned product, without penalty, with the exception of the return costs, which remain at the Customer’s expense.
The return or exchange of the product will only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
The Vendor shall reimburse the Customer for all sums paid, including delivery costs, within 14 days of recovery of the goods or transmission of proof of shipment of the goods.
If the order concerns, in whole or in part, digital content not supplied on a physical medium, the Customer hereby accepts to lose, for this digital content, his right of withdrawal in order to be delivered as soon as possible.
If the order concerns, in whole or in part, the supply of services, the Customer hereby waives his right of withdrawal for these services in order to be supplied as soon as possible following the conclusion of the contract.
Sample withdrawal form
Pavement Antwerp403, 1000 Brussels
Company no. (BCE/TVA): BE 0793 226 903
Telephone: +32485 721 592
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:
Ordered on (*)/received on (*): __________
Name of consumer(s): __________
Address of customer(s): __________
Signature of consumer(s) (only in the case of notification of this form on paper):
* Delete as appropriate
10. Force major
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond its control, this is deemed to be force majeure.
In the event of force majeure, the Seller is entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller will immediately notify the Customer.
If the force majeure continues for more than 90 days without interruption, either party to the contract shall be entitled to terminate the contract unilaterally by registered letter sent to the other party. Services already performed by the Vendor will nevertheless be invoiced proportionally to the Customer.
11. Independence of clauses
The illegality or total or partial invalidity of any provision of these GTC shall have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.
12. Applicable law and competent jurisdiction
These GTC are governed by Belgian law. In the event of a dispute, and failing amicable settlement, the dispute will be brought before the courts of the judicial district of the Vendor’s registered office.