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GENERAL
Last updated on October 11, 2024
The website:
Close2you.be Close2You _online
(hereinafter the “Platform“)
is an initiative of:
BV Close2you Gasstraat 14 8430 Middelkerke
Company number (CBE number): 0872 161 147 Email: info@close2you Phone: +32 460 95 38 40
Regulated profession: Not applicable Competent supervisory authority: Not applicable Code of conduct: Not applicable
(hereinafter referred to as “we” or “BV Close2you” or the “Seller“)
GENERAL TERMS AND CONDITIONS OF USE- Scope
These General Terms and Conditions of Use apply to any visit or use of the Platform by an Internet user (hereinafter referred to as the “User“).
By accessing 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 stated therein.
By way of exception, the provisions of the General Terms and Conditions of Use may be waived by written agreement. Such derogations may consist of the modification, addition or deletion of the provisions to which they relate and are without prejudice to the application of the other provisions of the General Terms and Conditions of Use.
We reserve the right to modify 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.
Platform- Accessibility and navigation
We take all reasonable and necessary measures to ensure the proper functioning, 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 damages 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.
- Contents
BV Close2you largely determines the content of the Platform and takes great care of the information on it. We take all reasonable measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information about 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.
BV Close2you cannot offer an absolute guarantee with regard to the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, BV Close2you 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 notify us as soon as possible by e-mail so that we can take appropriate measures.
Any download from the Platform is always at the User’s own risk. BV Close2you is not liable for damages, 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.
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 BV Close2you and the external website or even that there is an implicit similarity with the content of these external websites.
BV Close2you has no control over such external third-party 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. Therefore, we cannot be held liable for any further damage.
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 accessible through the Platform, are the property of the BV Close2you or BV Close2you has obtained the necessary rights, and as such are protected by the applicable and applicable legislation on intellectual property.
Any representation, reproduction, adaptation or partial or complete exploitation of the contents, brands and services offered by the Platform, by any means whatsoever, without the prior, express and written consent of BV Close2you, 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 otherwise agreed in advance in writing, the User is not permitted to modify, reproduce, translate, distribute, sell or communicate the protected elements to the public, in whole or in part.
The User is prohibited from entering data on the Platform that would alter or may modify the content or appearance of the Platform.
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.
The personal data provided by the User during his visit or use of the Platform are collected and processed exclusively for internal purposes by BV Close2you. BV Close2you undertakes to comply with the applicable legislation in this area, in particular the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons 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 Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
The User’s personal data will be processed in accordance with the Privacy Policy available on the Platform.
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 will be submitted to the courts of the judicial district where BV Close2you has its registered office.
Miscellaneous
BV Close2you reserves the right to change, extend, remove, limit or interrupt the Platform and the associated services at any time, without prior notice and without liability.
In the event of a breach of the General Terms and Conditions of Use by the User, BV Close2you reserves the right to take appropriate sanctions and compensation measures. BV Close2you reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without giving any reason and without prior notice. They cannot entail the liability of BV Close2you, nor can they give rise to any form of compensation.
The illegality or total or partial invalidity of any provision of our General Terms and Conditions of Use shall 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 that serves the same purpose.
GENERAL TERMS AND CONDITIONS OF SALE- Scope
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 “Customer“).
The General Terms and Conditions of Sale express all the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will 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 derogations 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 General Terms and Conditions of Sale.
BV Close2you reserves the right to change the General Terms and Conditions of Sale from time to time. The changes will apply as soon as they are put online for any purchase after that date.
Online Store
Through the Platform, the Seller provides the Customer with an online webshop that presents 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 utmost 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.
The prices and taxes are listed in the online store.
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 are applicable, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which are also indicated and invoiced before the validation of the order by the Customer.
The total amount of the order (all taxes included) and, if applicable, the delivery costs will be indicated before the final validation of the order.
Order online
The Customer has the option of completing an order online using an electronic form. By filling in the electronic form, the Customer accepts the price and description of the products or services.
In order to validate their order, the Customer must accept these General Terms and Conditions of Sale by clicking on the place indicated.
Customer must provide a valid email address, billing information, and, if applicable, a valid delivery address. Any communication with the Seller may be made via this email address.
In addition, the Client must choose the method of delivery and validate the method of payment.
The Seller 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 has been resolved.
Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order has been received.
- Payment
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation applies instead of a signature.
The Customer guarantees the Seller that he has the necessary authorizations 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 Seller has put in place a procedure to check orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by requesting identification data from the Customer. In the event of refusal of authorisation to pay 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 fulfilled a previous order or has only partially fulfilled it or who is in the process of a payment dispute.
- Confirmation
Upon receipt of the validation of the purchase with payment, the Seller will send the purchase to the Customer, 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 the customer service department prior to delivery (see contact details below).
In the event of unavailability of a service or product, the Seller will notify the Customer as soon as possible by e-mail in order to replace or cancel the order for this product and, if necessary, to refund the price in question, the remainder of the order remaining fixed and final.
Evidence
The communication, orders and payments between the Customer and the Seller can 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 a means of proof.
Delivery
Delivery will only take place after confirmation of payment by the Seller’s bank.
The products will be delivered to the address indicated by the Customer on the online order form. Additional costs as a result of incomplete or incorrect information from the Customer will be charged to the Customer.
Delivery will take place, according to the method chosen by the Client, within the following deadlines:
Agreements for the performance of services are determined separately by contract.
Delivery times are indicative. In the event of late delivery, no compensation can be claimed from the Seller or the carrier. However, if the delivery times are more than thirty days from the date of the order, the sales contract may be terminated and the Customer may be refunded.
- Verification of the order
Upon receipt of the products, the Customer or the recipient checks the good condition of the product delivered 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 formulate the necessary reservations to the carrier at the time of delivery and inform the Seller immediately.
The verification is deemed to have been carried out as soon as the Customer or a person authorised by him has accepted the order without reservation.
Any reservation not made in accordance with the rules defined above and within the stipulated time limits cannot be taken into account and releases the Seller from any liability towards the Customer.
- Error in delivery
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 three working days of the date of delivery.
Any complaint not submitted within the time limit cannot be taken into account and exempts the Seller from any liability towards the Customer.
- Returns and Exchanges
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 modalities:
________
Any complaint and any return that is not made in accordance with the rules defined above and within the time limits set may not be taken into account and exonerates the Seller from any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging.
The costs of the return shipment shall be borne by the Customer.
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.
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 the Seller as soon as possible and in any event no later than two months after the discovery of the sale.
Right of withdrawal
This article only applies to the extent that the Customer is a consumer. If this is the case, the Client can exercise his statutory 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.
- Returns & Refunds
This paragraph applies only to the extent that the purchase relates to goods.
After notification of his decision to withdraw, the Customer has 14 days to return or return the goods.
The Customer may request a refund of the returned product, at no additional cost. However, the costs of return shipping 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 whole, intact and in their original condition, in particular with complete, intact packaging and in a state of resale.
The Seller shall reimburse the Customer for all amounts paid, including delivery costs, within 14 days of the return of the goods or the dispatch of proof of dispatch of the goods.
- Exceptions to the right of withdrawal
Any withdrawal not carried out in accordance with the rules and deadlines set out in this article and the applicable legislation cannot be taken into account and exempts the Seller from any liability towards the Customer.
If the order relates in whole or in part to the delivery of digital content that has not been delivered on a tangible medium, the Customer expressly agrees that the contract can be executed immediately. The Client hereby acknowledges that he or she loses the right of withdrawal if the agreement is immediately executed.
If the order relates in whole or in part to the provision of services, the Customer expressly agrees that the Seller may perform the services immediately. The Customer hereby acknowledges that he waives his right of withdrawal as soon as the Seller has fully executed the agreement.
- Template formulier herroeping
Attention:
BV Close2you Gasstraat 14 8430 Middelkerke Company number (CBE/VAT): 0872 161 147 E-mail: info@close2you Phone: +32 460 95 38 40
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract relating to the good (*)/provision of the service listed below: ________________________________ ________________________________ ________________________________
Ordered on (*)/received on (*): __________
Name(s) of consumer(s): __________
Address(es) of consumer(s): __________
Signature of the consumer(s) (only if this form is completed on paper): ____________________
Date:__________
* Delete as appropriate
Data protection
The Seller shall keep in its computer systems and under reasonable security conditions proof of the transaction, including the purchase order and the invoice.
The Seller guarantees its Customer the protection of its personal data in accordance with the Privacy Policy available on the Platform.
Force Majeure
If the Seller is wholly or partially prevented from fulfilling the order due to an unforeseen circumstance beyond its control, there is force majeure.
In the event 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 Seller shall inform the Customer immediately.
If the force majeure continues uninterrupted for more than 90 days, each of the parties has the right to terminate the contract unilaterally, by registered letter to the other party. The services already provided by the Seller will nevertheless be invoiced to the Client on a pro rata basis.
Independence of the provisions
In the event that one or more provisions of these General Terms and Conditions of Sale are declared illegal or null and void, the remaining provisions shall remain in full force and effect.
The illegality or total or partial invalidity of any provision of these General Terms and Conditions of Sale 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 for the same purpose.
Applicable 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 will be submitted to the courts of the judicial distric