Updated on 10/05/2021
Fins de siècles et plus
(hereafter the "Platform")
is an initiative of :
Fins de siècles et plus srl
367. Avenue Louise 1050 Brussels, Belgium
Company number (BCE/TVA): BE0453.218.543
E-mail: [email protected]
(hereinafter "Fins de siècles et plus srl" or the "Seller")
I. GENERAL CONDITIONS OF USE
1. Scope of application
These general terms and conditions of use (hereinafter the "GCU") apply to any visit or use of the Platform and its information by an Internet user (hereinafter "User").
By visiting or using the Platform, the User acknowledges that he/she has read these TOU and expressly accepts the rights and obligations set out therein.
The provisions of the GCU may exceptionally be waived by written agreement. These deviations may consist of 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 change 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
We take all reasonable and necessary steps to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer any guarantee of absolute operability 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. Therefore, we are not responsible for any damage that may result 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.
Fins de siècles et plus srl largely determines the content of the Platform and takes great care with the information on the Platform. 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, add to or delete the Platform and its contents at any time, without liability.
Fins de siècles et plus srl cannot offer an absolute guarantee regarding the quality of the information on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently precise or up to date. Therefore, Fins de siècles et plus srl cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information contained on the Platform.
If any of the contents of the Platform are in violation of the law or the rights of third parties, or are contrary to morality, we ask you to inform 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 risk. Fins de siècles et plus srl will not be held responsible for any damage, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are entirely and exclusively the responsibility of the User.
c. Services reserved for registered Users
Access to certain services is conditional on the User's registration.
Registration and access to the Platform's services are reserved exclusively for natural persons with legal capacity who have completed and validated the registration form available online on the Platform as well as these GTC.
When registering, the User undertakes to provide accurate, sincere and up-to-date information about himself/herself and his/her civil status. The User must also regularly check the data concerning him/her in order to maintain its accuracy.
The User must therefore provide a valid e-mail address, to which the Platform will send him/her a confirmation of his/her registration to its services. An email address cannot be used several times 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 User therefore undertakes to regularly check the messages received at this e-mail address and, if necessary, to reply within a reasonable time.
Only one registration is allowed per individual.
The User will be given an identifier allowing him/her to access a space reserved for him/her (hereinafter "Personal Space"), in addition to entering his/her password.
The User ID and password can be changed online by the User in his Personal Space. The password is personal and confidential, and the User undertakes not to communicate it to third parties.
Fins de siècles et plus srl reserves the right to refuse a request for registration to the services of the Platform in the event of non-compliance by the User with the GCU.
The User who is regularly registered may at any time request to unsubscribe by going to the dedicated page in his Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the User has filled in the form provided for this purpose.
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 Fins de siècles et plus srl and the external website or even that an implicit agreement exists with the content of these external websites.
Fins de siècles et plus srl has no control over external websites. We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he leaves the Platform. We cannot therefore be held liable for any subsequent 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 it up or that 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 exploitation of the content, trademarks and services offered by the Platform, in whole or in part, by any process whatsoever, without the prior, express and written authorisation 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 and non-commercial purposes. Except with prior written consent, Users are not authorised to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from introducing data on the Platform that would modify or be likely to modify its content or appearance.
5. Protection of personal data
The personal data provided by the User when visiting or using the Platform are collected and processed by Fins de siècles et plus srl exclusively for internal purposes. Fins de siècles et plus srl assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it is always committed to communicating clearly and transparently on this point.
Fins de siècles et plus srl undertakes to comply with the applicable legislation on the subject, namely the Law of 8 December 1992 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 individuals with regard to the processing of personal data and on the free movement of such data.
6. Applicable law and competent jurisdiction
The present GTU are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where Fins de siècles et plus srl has its registered office.
7. General provisions
Fins de siècles et plus srl reserves the right to modify, extend, delete, limit or interrupt the Platform and the associated services at any time, without prior notice, and without incurring any liability.
In case of violation of the TOS by the User, Fins de siècles et plus srl reserves the right to take appropriate measures of sanction and redress. In particular, Fins de siècles et plus srl reserves the right to deny the User any access to the Platform or to our services temporarily or permanently. These measures may be taken without giving any reason and without prior notice. They cannot engage the responsibility of Fins de siècles et plus srl or give rise to any form of compensation.
The illegality or the total or partial invalidity of a provision of our TOS 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 of similar scope.
II. GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope of application
These general terms and conditions of business (hereinafter referred to as the "GTC") 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 the "Customer").
The GTC express the entirety of the parties' obligations. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
In exceptional cases, the provisions of the GTC may be waived insofar as such waivers have been agreed in writing. These derogations may consist of 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 GTC.
Fins de siècles et plus srl reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online for any purchase after this date.
2. Online shop
Through the Platform, the Seller provides the Customer with an online shop presenting the products or services sold, without the photographs having any contractual value.
The products or services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Seller shall not be held liable for this.
The products and services are offered within the limits of their availability.
Prices and taxes are specified in the online shop.
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices and taxes in force at the time of the order shall apply, subject to availability at that time.
The prices are indicated in euros and do not take into account any delivery costs, 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 costs is indicated before final validation of the order form.
4. On-line ordering
The Customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the Customer accepts the price and the description of the products or services.
In order for the order to be validated, the Customer must accept these GTC by clicking in the indicated area.
The Customer must provide a valid e-mail address, billing information and, if applicable, a valid delivery address. Any exchange with the Seller may take place by means of this e-mail address.
In addition, the Customer shall 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 with the Customer's account until the problem is resolved.
5. Confirmation and payment of the order
The Seller 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 is considered as a signature.
The Customer guarantees the Seller that he has the necessary authorisations to use this method of payment and acknowledges that the information given for this purpose is proof of his consent to the sale and to the payment of the sums due for the order.
The Seller has set up a procedure for checking orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In the event of refusal to authorise payment by credit card by the 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 paid in full or in part for a previous order or with whom a payment dispute is in progress.
Upon receipt of the confirmation of the purchase together with the payment, the Seller shall send 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 the customer service department (see contact details below) before delivery.
If a service or product is unavailable, the Seller will inform the Customer by e-mail as soon as possible in order to replace it or to cancel the order for this product and possibly to reimburse the related price, the rest of the order remaining firm and definitive.
Communications, orders and payments between the Customer and the Seller may be proven by means of computerised registers kept in the Seller's computer systems under reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
Delivery is only made 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. Any additional costs arising from incomplete or erroneous information provided by the Customer shall be invoiced to the Customer. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
Delivery takes place, depending on the method chosen by the Customer, within the following timeframes:
standard delivery 10-15 days
Delivery times are given as an indication. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If the delivery time exceeds 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 or the recipient shall check 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 make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller.
The verification shall be deemed to have been carried out as soon as the Customer or a person authorised by him has received the order without expressing any reservations.
Any reservations 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 Seller from any 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 Seller within three working days of the date of delivery.
Any complaint not made within the time limit set shall not be taken into account and shall release the Seller from any liability towards the Customer.
c. Returns and exchanges
The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, in accordance with the following terms and conditions:
Product returned within 15 days from the date of delivery of the order.
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 Seller from any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. The cost of returning the product is borne by the Customer.
The Seller guarantees the conformity of the products or services with the contract in accordance with the law in force at the time of the conclusion of the contract.
a. Guarantee of conformity
If the Customer is a consumer, he has a period of two years from the delivery of the product to implement the legal guarantee of conformity. However, if the product purchased was a second-hand item, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and, in any case, no later than two months after its discovery.
9. Right of withdrawal
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days following the delivery of the goods or the conclusion of the service contract.
After having communicated his decision to withdraw, the Customer has 14 days to return the goods.
Any withdrawal not made in accordance with the rules and deadlines defined in this article shall not be taken into account and shall release the Seller from any liability towards the Customer.
The Customer may request reimbursement 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 can 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 Seller shall reimburse the Customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the 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 agrees to forfeit, in respect of such 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 provision of services, the Customer hereby waives, for these services, his right of withdrawal in order to be supplied as soon as possible after the conclusion of the contract.
Model withdrawal form
For the attention of :
Fins de siècles et plus srl
367. Avenue Louise 1050 Brussels, Belgium
Company number (BCE/TVA): BE0453.218.543
E-mail: [email protected]
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/service (*):
Ordered on (*)/received on (*) : __________
Name of consumer(s) : __________
Address of consumer(s) : __________
Signature of the consumer(s) (only if this form is notified on paper):
* Delete as appropriate
10. Data protection
The Seller shall keep in its computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice.
11. Force majeure
If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond its control, this is considered force majeure.
In the event of force majeure, the Seller shall be entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller shall notify the Customer immediately.
If the force majeure continues for more than 90 days without interruption, either party to the agreement shall be entitled to unilaterally terminate the agreement by registered letter to the other party. The services already performed by the Seller shall nevertheless be invoiced to the Customer proportionally.
12. Independence of clauses
The illegality or total or partial invalidity of any provision of these GTC shall 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 scope.
13. Applicable law and jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute shall be brought before the courts of the judicial district of the Seller's registered office.