GENERAL TERMS AND CONDITIONS
Last updated on 1 October 2020
https://bbowed.com/ (hereinafter the "Platform")
is an initiative of:
Company number (CBE number): 0664.711.801 E-mail: firstname.lastname@example.org Telephone: +32 467 02 66 14
I. GENERAL TERMS AND CONDITIONS OF USE
1. Scope of application
These General Terms and Conditions of Use shall apply to any visit or use of the Platform 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 General Terms and Conditions of Use and expressly accepts the rights and obligations set out therein.
By way of exception, the provisions of the General Terms and Conditions of Use may be waived by written agreement. Such deviations may consist of the modification, addition or deletion of the provisions to which they relate and do not affect the application of the other provisions of the General Terms and Conditions of Use.
We reserve the right to amend our General Terms and Conditions of Use at any time and without prior notice, but we undertake to apply to a User the provisions in force at the time the User used the Platform.
a. Accessibility and navigation
We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our Platform. However, we cannot offer an absolute guarantee of operation and our actions must therefore be considered to be 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'owed Belgium largely determines the content of the Platform and takes great care of the information 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 incurring any liability.
B'owed Belgium 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, B'owed Belgium 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 of the Platform violates the law or the rights of third parties or is contrary to morality, we ask each User to inform us by e-mail as soon as possible so that we can take appropriate measures.
Any download from the Platform is always at the User's own risk. B'owed Belgium shall not be liable for any damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the sole and exclusive responsibility of the User.
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 B'owed Belgium and the external website or even that there is an implicit agreement with the content of these external websites.
B'owed Belgium has no control over such external websites of third parties.
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 can therefore not be held liable for any further damage.
4. Intellectual property
The structure of the Platform, as well as the content, texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. of which the Platform is composed or which are accessible via the Platform, are the property of the administrator or B'owed Belgium has acquired the necessary rights, and as such are protected by current and applicable intellectual property legislation.
Any representation, reproduction, adaptation or exploitation, in whole or in part, of the content, brands, and services offered by the Platform, by any means whatsoever, without the prior, express and written consent of B'owed Belgium, 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 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 previously agreed otherwise in writing, the User may not modify, reproduce, translate, distribute, sell or communicate to the public the protected elements in whole or in part.
The User is prohibited from entering on the Platform any information that would alter or be likely to alter the content or the appearance of the Platform.
5. Protection of personal data
We assure Users that we attach the utmost importance to the protection of their privacy and personal data and that we always strive to communicate clearly and transparently in this regard.
Personal data provided by Users during their visit or use of the Platform are collected and processed by B'owed Belgium exclusively for internal purposes. B'owed Belgium undertakes to comply with applicable legislation in this area, in particular, Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "General Data Protection Regulation" or "GDPR") and the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data.
6. Applicable law and competent jurisdiction
These General Terms and Conditions of Use are governed by Belgian law.
In the event of a dispute and in the absence of an amicable solution between the parties, the dispute shall be brought before the courts of the judicial district where B'owed Belgium has its registered office.
7. Other provisions
B'owed Belgium reserves the right to modify, extend, remove, limit or interrupt the Platform and the associated services at any time, without prior notice and without liability.
The illegality or total or partial invalidity of a provision of our General Terms and Conditions of Use will not affect the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision serving the same purpose.
II. GENERAL TERMS AND CONDITIONS OF SALE
1. Scope of application
These General Terms and Conditions of Sale define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (who, for the purposes of the General Terms and Conditions of Sale, is hereinafter referred to as the "Client").
The General Terms and Conditions of Sale express all the obligations of the parties. The Client shall be deemed to accept them unreservedly, failing which his order shall not be validated.
Exceptions to the provisions of the General Terms and Conditions of Sale may be made in exceptional cases, provided that these exceptions have been agreed in writing. Such exceptions 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 General Terms and Conditions of Sale.
B'owed Belgium reserves the right to amend the General Terms and Conditions of Sale from time to time. The amendments will apply as soon as they are put online for any purchase made after that date.
2. Online store
Through the Platform, the Seller makes available to the Client an online web shop presenting the products or services offered. The presentation of the products or services offered (e.g. via photos) have no 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.
The products and services are offered within the limits of their availability.
Prices and taxes are listed in the online store.
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 are applicable, subject to availability on that date.
Prices are indicated in euros and do not take into account any delivery costs, which are also indicated and invoiced prior to the validation of the order by the Customer.
The total amount of the order (including all taxes) and, if applicable, the delivery costs are indicated before the final validation of the order.
4. Ordering online
The Customer has the option of completing an order online using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
To validate his order, the Customer must accept these General Terms and Conditions of Sale by clicking on the place indicated.
The Customer must provide a valid e-mail address, invoice details and, if applicable, a valid delivery address. Any communication with the Vendor may be made 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 on the part of the Customer until the problem is 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.
The Customer shall make payment at the time of final validation of the order using the payment method chosen. This validation is valid instead of a signature.
The Customer warrants to the Vendor that he has the necessary authorisations to use this method of payment and acknowledges that the information provided for this purpose constitutes proof of his agreement to the sale and payment of the amounts due in connection with the order.
The Vendor has put in place a procedure to check orders and means of payment in order to reasonably guarantee him against any fraudulent use of a means of payment, in particular by requesting identification data from the Customer. In the event of refusal of authorisation to pay by credit card by 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 completed a previous order, or has completed only part of it, or with whom a payment dispute is pending.
Upon receipt of the validation of the purchase with payment, the Vendor will send the purchase to the Customer, 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 making a request to Customer Services prior to delivery (see contact details below).
In the event of unavailability of a service or product, the Vendor will inform the Customer by email as soon as possible to replace or cancel the order for this product and, if necessary, refund the price in question, with the remainder of the order remaining firm and final.
Communication, orders and payments between Client and Seller may be evidenced by automated records kept in Seller's computer systems under reasonable security conditions.
Orders and invoices shall be archived on a reliable and durable medium, which shall in particular be considered as a means of proof.
Delivery will only take place after confirmation of payment by the Seller's bank.
Products will be delivered to the address indicated by the Client on the online order form. Additional costs resulting from incomplete or inaccurate information provided by the Client will be charged to the Client.
Delivery will be made, according to the method chosen by the Client, within the following deadlines:
From Europe, International shipping - Express (1-3 working days after payment). From USA, Domestic shipping - Express (1-3 working days after payment) - Overnight delivery (1 working day after payment). International shipping, Standard DDP (3-5 working days after payment) only Canada; Express (1-3 working days after payment).
Delivery terms are indicative. No compensation can be claimed from the Seller or the carrier in case of late delivery. However, if delivery times exceed thirty days from the date of the order, the sales contract may be terminated and the Customer reimbursed.
a. Verification of the order
Upon receipt of the products, the Customer checks that the recipient is in good condition 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 inform the Vendor immediately.
Verification shall be 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 not made in accordance with the rules defined above and within the time limits laid down may not be taken into account and shall release the Vendor from any liability to the Customer.
b. Error in delivery
In the event of a delivery error or non-conformity of the products with the information on the order form, the Client shall inform the Seller within three working days of the delivery date.
Any complaint not made within the deadline cannot be taken into account and discharges the Seller from any liability to the Client.
c. Returns and exchanges
The product to be exchanged or refunded must be returned to Seller in its entirety and in its original packaging, according to the following modalities:
Any claims for printing errors/damages/defective items must be made within 4 weeks of receipt of the product. For packages lost in transit, all claims must be made no later than 4 weeks after the estimated delivery date. Claims that are considered to be an error on our part are covered at our expense. Wrong address - If you provide an address considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for the cost of the return once we have confirmed an updated address with you (if and to the extent applicable). Uncollected Shipments - Uncollected shipments will be returned to our facility and you will be liable for the cost of returning the shipment to yourself (if and to the extent applicable). B'owed Belgium will not accept returns of sealed goods, such as but not limited to face masks, that are not suitable for return due to health or hygiene reasons. You hereby agree that returned orders with facial masks will not be available for return and will be discarded. Notice for EU consumers: According to Article 16 c) and e) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal cannot be provided for: 1. the delivery of goods manufactured to the consumer's specifications or clearly personalised; 2. sealed goods that are not sealed after delivery and are therefore not suitable for return for reasons of health protection or hygiene, B'owed Belgium therefore reserves the right to refuse returns at its discretion.
Any complaint and any return that is not made in accordance with the rules defined above and within the time limits laid down cannot be taken into consideration and discharges the Vendor from any liability towards the Customer.
Any product to be exchanged or returned must be returned to the Seller in its entirety and in its original packaging.
The costs for the return shipment are at the expense of the Customer.
The Seller guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time of the conclusion of the contract.
If the Customer is a consumer, he has two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the product purchased was a second-hand good, the warranty period is one year.
The lack of conformity must be reported to Seller as soon as possible and in any case no later than two months after the discovery of the sale.
9. Right of revocation
This article only applies to the extent that the Customer is a consumer. If this is the case, the Customer can exercise his legal right of withdrawal and dissolve the agreement within 14 working days after the delivery (taking possession) of the goods or within 14 days after the conclusion of the service agreement.
a. Return and refund
After notification of its decision to revoke, the Customer has 14 days to return or return the goods.
The Customer may request a refund of the returned product at no extra cost. However, the cost of returning the goods will remain at the expense of the Customer.
The return or exchange of the product can only be accepted for the products if they are still complete, intact and in their original state, in particular with full, intact packaging and in a state of resale.
Seller will refund Client all amounts paid, including delivery costs, within 14 days of the return of the goods or dispatch of proof of shipment of the goods.
b. Exceptions to the right of withdrawal
Any revocation not carried out in accordance with the rules and deadlines of this Article and the applicable legislation cannot be taken into account and discharges the Seller from any liability towards the Client.
If the order relates in whole or in part to the delivery of digital content that is not supplied on a tangible medium, the Client expressly agrees that the contract can be performed immediately. The Client hereby acknowledges that he or she loses the right of withdrawal if the contract is performed immediately.
c. Template form revocation
=> email us at email@example.com for the filling in form.
10. Data Protection
Seller shall retain the proof of the transaction, including the purchase order and invoice, in its computer systems and under reasonable security conditions.
11. Force Majeure
If the Seller is wholly or partially unable to execute the order due to an unforeseen circumstance beyond his control, there is force majeure.
In the case of force majeure, the Seller has the right to suspend the execution of the order in whole or in part for the duration of the force majeure. The Vendor shall inform the Customer immediately. If the force majeure lasts for more than 90 days without interruption, either party has the right to terminate the contract unilaterally, by registered letter. letter to the other party. The services already provided by the Seller shall nevertheless be invoiced proportionately to the Client.
12. Independence of provisions
If one or more provisions of these General Terms and Conditions of Sale are declared unlawful or null and void, the remaining provisions shall remain in full force and effect.
The illegality or the total or partial invalidity of one or more provisions of these General Terms and Conditions of Sale shall not affect the validity and application of the other provisions.
Seller reserves the right to replace the illegal or invalid provision with another valid provision for the same purpose.
13. Governing Law and Jurisdiction
These General Terms and Conditions of Sale are governed by Belgian law.
In the event of a dispute and in the absence of an amicable solution, the dispute shall be submitted to the courts of the judicial district of the Vendor's registered office.