General use and sales conditions
The website: www.chatpatch.be – www.chatpatch.eu (hereinafter jointly the “Platform”) are an initiative of:
Isabelle Janssens, Chat’Patch
Clos Sainte-Rita 3, 1420 Braine l’Alleud
VAT. BE 0551.964.543
Phone +32 (0) 494 65 27 61
Email info@chatpatch.be
After this: “Chat’Patch” or the “seller”
1. GENERAL TERMS OF USE
1. Scope
These general terms and conditions of use (hereinafter referred to as "AGV") apply to any visit or use of the Platform and its information by an internet user (hereinafter referred to as "user").
By visiting or using the Platform, the user acknowledges that he / she has read these AGVs and expressly accepts the rights and obligations stated therein.
As an exception, the provisions of the AGVs can be waived by written agreement. Such deviations may consist in amendment, addition or deletion of the provisions to which they relate and do not affect the application of the other provisions of the AGVs. We reserve the right to change our AGVs at any time and without prior notice, but we undertake to apply the provisions in effect when you used our platform.
2. Platform
a. Accessibility and navigation
We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of the Platform. However, we cannot provide an absolute guarantee of operation and our actions should therefore be considered to be covered by a means commitment.
Any use of the Platform is always at the User's own risk. We are therefore not liable for 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. Contents
Chat’Patch largely determines the content of the Platform and takes great care for the information on it. We take every possible measure 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 change, supplement or delete the Platform and its content at any time, without any liability.
Chat’Patch 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, Chat’Patch cannot be held liable for any damage, direct or indirect, which 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 the good maritime standards, we request 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. Chat’Patch is not liable for any damages, direct or indirect, resulting from such downloads, such as data loss or damage to the computer system, which are the sole and exclusive responsibility of the User.
c. Services reserved for registered Users
a) Registration
Registration and access to the services of the Platform are reserved exclusively to individuals who are legally competent, after completing and validating the registration form available online on the Platform and this AGV.
At the time of registration, the User undertakes to provide correct, sincere, and current information about himself and his marital status. The User must also regularly check the data relating to him to ensure its correctness.
The User must therefore provide a valid email address at which the Platform will send him confirmation of his registration to his services. An email address cannot be used multiple times to register for 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 consult the messages he receives at this e-mail address regularly and, if necessary, to reply within a reasonable period of time.
Only one registration is allowed per person.
The User is assigned an identification code with which he has access to a space reserved for him in addition to entering his password. The username and password can be changed by the User online in his personal space.
The password is personal and confidential, the User undertakes not to disclose it to third parties.
In any case, the Seller reserves the right to refuse a request for registration with the services of the Platform in case of non-compliance with the AGV by the User.
b) Unsubscribe
The User who is regularly registered can request to unsubscribe at any time by going to the special page in his personal space. Any deregistration from the Platform will be effective as soon as possible after the user has completed the appropriate form.
4. Intellectual property
The structuring of the platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications etc ... which compose it or which are accessible via the platform are the property of the publisher and are protected as such by the laws in force with regard to 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 authorization of the publisher, is strictly prohibited, to the 'except for elements expressly designated as free of rights 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, non-commercial use. Unless prior written consent, users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.
The user is prohibited from entering data on the platform which would modify or which would be likely to modify its content or appearance.
5. Protection of personal data
Chat’Patch assures users that they attach the utmost importance to the protection of their privacy and personal data and that they 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 is collected and processed by Chat’Patch for internal purposes only.
Chat’Patch undertakes to comply with the applicable legislation in this field, namely the Law of 8 December AZ992 on the protection of privacy with regard to the processing of personal data and the European Regulation of 27 April 2016 on the protection of natural persons in relating to the processing of personal data and regarding the free movement of such data.
The User's personal data is processed in accordance with the privacy policy available on the Platform.
6. Other provisions
Chat’Patch reserves the right to extend, discuss, or interrupt the Platform and associated services at any time without prior notice and without modification.
In the event of a breach of the AGV by the User, Chat’Patch reserves the right to take appropriate sanctions and compensation measures. Chat’Patch reserves the right to temporarily grant the User access to the Platform or our services or to refuse permanently. These measures can be taken without reason and without prior notice. They cannot entail liability for the sales or give rise to any form of compensation.
The illegality or total or partial invalidity of one provision of our AGV 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 and comparable provision.
2. General sales conditions
1. Scope
These general terms and conditions of sale (hereinafter referred to as AVV) 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 AVV expresses all obligations of the parties. The Customer is deemed to accept this without reservation, failing which his order will not be validated.
Exceptions to the provisions of the AVV can be made in exceptional cases, provided that these exceptions have been agreed in writing. Such deviations may consist in changing, adding or deleting the provisions to which they relate and do not affect the application of the other provisions of the AVV.
The Seller reserves the right to change the GTC from time to time. The changes will apply as soon as they are posted online for any purchase made after that date.
2. Online store
Via the Platform, the Seller makes available to the Customer an online store that offers and proposes products or services for sale, without the photos having any contractual value.
The products or services are described and presented with the greatest possible accuracy. However, the Seller cannot be held liable for any errors or mistakes in the presentation.
The products and services are offered within the limits of their availability.
Prices and taxes are listed in the online store.
The stated prices include VAT.
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 additionally indicated and invoiced for the validation of the order by the Customer.
The total amount of the order (all taxes included) and if applicable the delivery costs are stated for 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 in the description of the products or services.
To validate his order, the Customer must accept these GTC by clicking on the indicated place.
The Customer must provide a valid email address, billing information and, if applicable, a valid delivery address. Any exchange with the Seller can 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, incorrect address or any other problem on the Customer's account 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.
a. Payment
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation is instead of a signature.
The Customer guarantees the Seller that he has the necessary permissions to use this payment method and acknowledges that the information provided for this purpose is proof of
his agreement to the sale and payment of the amounts due under the order.
The Seller reunites a procedure instituted to check orders and means of payment to reasonably guarantee him against any fraudulent use of a means of payment, including by requesting identification data from the Customer. In case of refusal of authorization to pay by credit card by accredited organizations or in case 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 or only partially completed an initial order or who is subject to a payment dispute.
b. Confirmation
After 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 can request that the invoice be sent to an address other than the delivery address by sending a request to the customer service before delivery.
In the event of the unavailability of a service or product, the Seller will inform the Customer as soon as possible by e-mail to replace or cancel the order for this product, and possibly refund the relevant price, whereby the rest of the order is fixed and remains final.
6. Evidence
The communications, 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 as evidence in particular.
7. Delivery periods and 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 as a result of incomplete or incorrect information from the Client will be charged to the Client. For availability reasons, an order may depend on multiple consecutive deliveries to the Customer.
Delivery takes place according to the method chosen by the Customer within the proposed terms.
Standard delivery 5 working days if the items are in stock or are already prepared.
Delivery times are indicative. In the event of late delivery, no compensation can be claimed from the Seller or the carrier.
a. Order verification
On 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 immediately notify the Seller.
The verification is considered to have been carried out once 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 time limits set cannot be taken into account and will release the Seller from any liability vis-à-vis the Customer.
b. Delivery error
In the event of a delivery error or non-conformity of the products with the information on the adjustment slip, the Customer will inform the Seller thereof within three working days after the delivery date.
Any complaint that is not made within the time limit cannot be taken into consideration and relieves the Seller from any liability towards the Customer.
c. Returns and exchanges
The product to be exchanged or refunded must be returned in its entirety and in the original packaging to the Seller according to the following modalities.
Product returned by post within 15 days of the order delivery date, to the following address:
Chat’Patch, Clos Sainte-Rita 3, 1420 Braine’Alleud.
Any complaint and return that is not made in accordance with the rules defined above and within the stipulated time limits cannot be taken into consideration and relieves the Seller of any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in the original packaging.
The costs for the return are for the account of the Customer.
The seller is never liable for the loss, loss and damage of packages. It is the responsibility of the Customer when transferring to the shipping company.
8. Guarantees
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. The warranty mentioned in this article applies to items that are intended for use within Belgium. When using outside Belgium, the Customer must verify whether the use thereof is suitable for use there and whether it meets the conditions set for it. In that case, the Seller may impose other warranty and other conditions with regard to the goods to be delivered or the work to be performed.
9. Right of withdrawal
If the Customer is a consumer, he can exercise his statutory right of withdrawal within 14 working days after the delivery of the goods or the conclusion of the services agreement.
After notification of his decision to cancel, the Customer then has 14 days to return or return the goods.
Any revocation not executed according to the rules and terms of this article cannot be taken into consideration and relieves the Seller of any liability towards the Customer.
The Customer may request a refund of the returned product at no additional cost, except for the costs of return that are at his expense.
The return or exchange of the product can only be accepted for the products as a whole, intact and in their original condition, in particular must be more completely intact packaging and in a state of sale.
The Seller will reimburse the Customer for all amounts paid, including delivery costs, within 14 days of the return of the goods or the sending of proof of shipment of the goods.
If the order wholly or partly relates to digital content that has not been delivered on the physical medium, the Customer agrees to lose his right of withdrawal for such digital content in order to be delivered as soon as possible.
If the order wholly or partly relates to the provision of services, the customer hereby waives the right of withdrawal for these services in order to be served as soon as possible after the conclusion of the contract.
10. Force majeure
If the Seller is wholly or partially prevented from executing the order due to an unforeseen circumstance beyond his control, then 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 will immediately inform the Customer thereof.
If the force majeure continues for more than 90 days without interruption, each of the parties to the contract has the right to cancel the contract unilaterally, by registered letter to the other party. The services already provided by the Seller will nevertheless be invoiced in parallel to the Customer.
11. Independence of the provisions.
If one or more provisions of these GTC are declared illegal or null and void, the threatened provisions remain in full force
The illegality or total or partial invalidity of a provision of these GTC does not affect 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 effect.
These GTC 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 registered office of the Seller.