TERMS AND CONDITIONS

The website

gevcen.be

and the mobile application

Gevcen

(hereinafter jointly referred to as the “Platform“)

 

are a joint initiative of :

Cordonnerie Serrurerie Linthout
Passage Linthout 20
1200 Brussels, Belgium
Enterprise ID (VAT) : BE 0551 508 841
Email : [email protected]
Phone : +32 732 62 82

and

A.A. Serrurerie Security
Stationsstraat 40
1930 Zaventem, Belgium
Enterprise ID (VAT) : BE 0806 574 004
Email : [email protected]
Phone : +32 725 95 25

(hereinafter jointly referred to as “GEVCEN” or the “Seller“).

 

1. Terms of Service

1.1. Scope

These terms of service (hereinafter the “ToSe“) apply to any visit or use of the Platform and its information by a user (hereinafter “User“).

By visiting or using the Platform, the User acknowledges having read these ToSe and expressly accepts the rights and obligations mentioned therein.

It may exceptionally be derogated from the provisions of the ToSe by a written agreement. These derogations may consist of the modification, addition or deletion of clauses to which they relate and have no impact on the application of the other provisions of the ToSe.

We reserve the right to change our ToSe at any time without prior notice, but we are committed to applying the provisions that were in effect at the time you used our Platform.

 

1.2. Plateform

1.2.1. Acces and Navigation

Access to the Platform and its use are reserved for persons aged at least 18 years old. Each User declares on their honor the required age. We reserve the right to request a justification of the age of the User, by any means.

We take all reasonable and necessary steps to ensure the proper functioning, security and accessibility of our Platform. However, we can not offer guarantees of absolute operability and we must therefore consider our shares as being covered by an obligation of means.

Any use of the Platform is always at the User’s own risk. Thus, we are not responsible for damages that may result from possible malfunctions, interruptions, defects or harmful elements present on the Platform.

We reserve the right to restrict access to or discontinue the Platform at any time without prior notice.

 

1.2.2. Content

GEVCEN largely determines the content of the Platform and takes great care of the information on it. 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 contents at any time without liability being incurred.

GEVCEN can not offer absolute guarantees regarding the quality of the information on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently accurate or up to date. Therefore, GEVCEN can not be held liable for damages, direct or indirect, that the user would suffer from the information on the platform.

If certain contents of the Platform are in violation of the law or the rights of third parties, or are contrary to morals, we ask you to inform us as soon as possible by email so that we can take appropriate measures.

Any download from the Platform always takes place at the risk of the User. GEVCEN can not be held liable for any damage, direct or indirect, arising from such downloads, such as data loss or damage to the user’s computer system, which fall entirely and exclusively under the responsibility of the latter.

 

1.2.3. Services Reserved for Registered Users

1.2.3.1. Registration

Access to certain services is conditioned by the registration of the User.

Registration and access to the services of the Platform are reserved exclusively for natural persons who are legally competent and have completed and validated the registration form as well as these ToSe.

When registering, the User agrees to provide accurate, truthful and up-to-date information on his person and his marital status. The User must also carry out a regular verification of the data concerning him in order to preserve their accuracy.

The User must provide a valid e-mail address, on which the Platform will send a confirmation of his registration to his services. An e-mail address can not be used multiple 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 latter therefore undertakes to regularly consult the messages received on this e-mail address and, if necessary, to respond within a reasonable time.

Only one registration is allowed per natural person.

The User is assigned an identifier allowing him to access a space for which he has access (hereinafter “Members Area“), in addition to entering his password.

The User has the option to choose a custom name that can be modified online by the User in his Member Area. The password can also be changed in this same Member Area. It is personal and confidential, the User thus agrees not to communicate it to third parties.

In any case, GEVCEN reserves the right to refuse an application to register for the services of the Platform in case of non-compliance by the User with the ToSe.

 

1.2.3.2. Unsubscribe

The regularly registered User may at any time request unsubscription by visiting the dedicated page in his Personal Area. Any unsubscription of the Platform will be effective as soon as possible after the User has made the written request by email via the unsubscription form.

 

1.3. Links to Other Websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between GEVCEN and the external website or that an implicit agreement exists with the content of these external sites.

GEVCEN has no control over external websites. We are therefore not responsible for the safe and correct operation of hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he leaves the Platform. We can not therefore be held responsible for any subsequent damage.

 

1.4. Intellectual Property

The structuring of the Platform, but also texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. who compose it or who are accessible through the Platform are the property of the publisher and are protected as such by the laws in force for intellectual property.

Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the Platform, by any means whatsoever, without the prior express written permission of the publisher, is strictly prohibited, except for items expressly designated as royalty-free 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 use. Unless previously agreed in writing, 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 forbidden to enter data on the Platform that modifies or is likely to modify its content or appearance.

 

1.5. Protection of Personal Data

The personal data provided by the User during his visit or the use of the Platform is collected and processed by GEVCEN exclusively for internal purposes. GEVCEN assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it always undertakes to communicate clearly and transparently on this point.

GEVCEN undertakes to comply with the applicable legislation in this area, 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 the free movement of such data.

The personal data of the User are processed in accordance with the privacy policy available on the Platform.

 

1.6. Applicable Law and Competent Jurisdiction

These ToSe 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 GEVCEN has its registered office.

 

1.7. General Provisions

GEVCEN reserves the right to modify, extend, delete, limit or discontinue the Platform and associated services at any time without prior notice and without incurring liability.

In case of violation of the ToSe by the User, GEVCEN reserves the right to take appropriate sanctions and reparation measures. GEVCEN specifically reserves the right to deny the User any access to the Platform or our services temporarily or permanently. These measures can be taken without giving reasons and without notice. They can not engage the responsibility of GEVCEN or give rise to any form of compensation.

The illegality or total or partial invalidity of a provision of our TOS will have no impact on the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid and similar provision.

 

2. Terms of Sale

2.1. Scope

These terms of sale (hereinafter the “ToSa“) define the reciprocal rights and obligations in case of purchase of products or services on the Platform by a User (hereinafter “Customer“).

The ToSa express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, otherwise his order will not be validated.

Exceptionally, the provisions of the ToSa may be waived to the extent that these derogations have been the subject of a written agreement. These derogations may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the ToSa.

GEVCEN reserves the right to modify the ToSa from time to time. The modifications will be applicable as soon as they are posted online for any purchase after this date.

 

2.2. Online Store

Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having a contractual value.

Products or services are described and presented as accurately as possible. However, in case of errors or omissions in the presentation, the responsibility of the Seller can not be engaged thereby.

Products and services are offered within the limits of their availability.

Prices and taxes are specified in the online store.

 

2.3. Price

The Seller reserves the right to change prices at any time by posting them online.

Only the rates and taxes in effect at the time of the order will apply, subject to availability on that date.

By default, the prices are indicated VAT included and are denominated in euros (except after selection by the User of a different currency) and do not take into account possible delivery costs, which are indicated and invoiced in addition before 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.

In the event that a technical error occurs on our site, mentioning a price for a product or an option that does not correspond to a price generally recognized on the market for the said product or option, the Customer will be immediately notified of the error once identified and refunded the full amount (if it has already been paid). When the error has been rectified on the site, the Customer will be notified again and asked to reorder if he wishes.

 

2.4. Quote

All of our quotations are free.

 

2.5. Online Order

The Customer has the opportunity to fill out an order form online, using an electronic form available on the order confirmation screen. By completing the form, the Customer accepts the price and the description of the products or services.

In this form, the Customer must disclose his identity, provide an email address, a billing address and a delivery address (if different from the billing address). The Customer will also be able to create an account to associate his order with his private account (optional option). Any exchange with the Seller may occur through the email address provided by the Customer.

In addition, the Customer must choose the delivery method he wishes to apply to his order. In the case of a withdrawal of the order in one of our shops, it is not necessary to check the box “Ship to another address?”.

The Customer must also choose the method of payment. In order for the order to be validated in good and due form, the Customer must accept these ToSa by checking the box provided for this purpose during the validation of the order.

If the Customer wishes to provide additional details (for example, receipt of proof …), he may indicate these comments in the order validation screen.

When the Customer clicks on “Validate the order”, it accepts all conditions of the sale and can not change them, unless written warning by email within 24 hours via this form. After this period, the order will be honored according to the ToSa.

The Seller reserves the right to block the Customer’s order in case of payment default, incorrect address or any other problem on the Customer’s account until the problem is solved.

 

2.6. Confirmation and payment of the order

The Seller remains the owner of the items ordered until receipt of full payment of the order.

 

2.6.1. Payment

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 signature.

The Customer warrants to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose is proof of his consent to the sale as to the exigibility of the sums due under the order.

The Seller has put in place a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including asking the Customer for identification data.

In case of refusal of authorization of credit card payment 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 fully paid or a previous order or with whom a payment dispute is pending.

 

2.6.2. Confirmation

Upon receipt of the validation of the purchase with payment, the Seller transmits to the Customer and an invoice, except delivery of the latter with the order.

The Customer may request the invoice to be sent to another address than the delivery address by sending a request to this effect to the customer service (see contact details below) before delivery.

In case of unavailability of a service or a product, the Seller will keep the Customer informed by email as soon as possible in order to replace or cancel the order of this product and possibly refund the price, the rest of the order remaining firm and final. More details under 8. Delivery.

 

2.7. Subscription to the newsletter

This article applies in addition to the other provisions of the contract for any subscription to which the Customer subscribes via the Platform.

The Customer has the possibility to subscribe to the newsletter in 3 situations :

  • when the Customer does not have an account and wishes to create one via the login screen of the Site,
  • when the Customer places an order on the Site,
  • or when the Customer leaves an opinion on a product available on the Site.

The subscription gives right to possible automated, regular or irregular shipments, by an action of the Customer or the Seller, articles or emails containing promotional offers such as discount coupons, limited offers, sales information , or any other type of marketing communication that allows the Customer to return to the Platform.

Any subscribed subscription is for an indefinite period. The Customer may terminate his subscription after notification from the Seller.

 

2.8. Proofs

The communications, orders and payments made between the Customer and the Seller can be proven through computerized records, stored in the Seller’s computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable support considered, in particular, as a means of proof.

 

2.9. Deliveries

The delivery is made only after confirmation of the payment by the bank of the Seller.

The products are delivered to the delivery address indicated by the Customer during the validation of the order. Additional costs resulting from incomplete or incorrect information by the Customer will be charged. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.

Delivery occurs, according to the mode chosen by the Customer, within the following deadlines :

  • Delivery via bPost: preparation, shipment and reception of the package within 3 to 5 working days ;
  • Delivery via Mondial Relay : preparation, dispatch and reception of the package within 5 to 7 working days ;
  • Withdrawal in Store : immediate withdrawal in the shop selected during the order and confirmed by email to the Customer.

All these periods are subject to the following conditions :

  • If the item is available in stock, the shipment will proceed as described in the previous paragraph ;
  • If the item is available by order only, the Customer will be notified of the supply time (usually between 5 days to 2 weeks with exceptions) and the item will be shipped as soon as it is available again in stock and according to terms described in the previous paragraph ;
  • If the item was available for order while the item is, in fact, out of stock but our inventory has not been updated in time, the Customer will be notified and will be offered either a full refund of the order, a waiting period for the supply of the item before shipping it as described in the previous paragraph ;
  • If the item is out of stock, no order is possible.

Delivery times are indicative. No compensation can be claimed from the Seller or the carrier in case of late delivery. If delivery times exceed 30 calendar days from the order, the sales contract may be terminated upon written request by email to the following address: [email protected]. As a result, the customer will be refunded the full amount of the order.

 

2.9.1. Verification of the order

Upon receipt of the products, the Customer or the recipient verifies the good condition of the delivered product 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 notify the Seller.

Verification is considered as performed when the Customer or a person authorized by him has received the order without making any reservations.

Any reservation not made in the rules defined above and within the given deadlines can not be taken into account and will release the Seller from any liability vis-à-vis the Customer.

 

2.9.2. Delivery error

In the event of error of delivery or non-conformity of the products with respect to the indications appearing on the purchase order, the Customer informs the Seller within three working days following the date of delivery.

Any claim not made within the time limit can not be taken into account and release the Seller from any liability vis-à-vis the Customer.

 

2.9.3. Returns and exchanges

Any request for exchange or return must be communicated in advance via this form.

The return or exchange of the product can only be accepted if all the following conditions are met :

  • the product is intact and new,
  • the product is not used,
  • the product is in sales condition,
  • the product is in its original sealed packaging.

Once the exchange or return accepted, the product must be sent by post to the following address :

Cordonnerie Serrurerie Linthout
Passage Linthout 20,
1200 Brussels
Belgium

All costs of returning the Customer to the Seller are exclusively the responsibility of the Customer.

All the costs of exchange from the Customer to the Seller and the Seller to the Customer are exclusively the responsibility of the Customer.

Any claim for exchange and return not made in the rules defined above and within the time limits (in point 2.10 Right to Retract) can not be taken into account and will release the Seller from any liability vis-à-vis client.

 

2.10. Right to Retract

2.10.1. General Provisions

If the Customer is a consumer, he may assert his legal right of withdrawal within 14 calendar days following the delivery of the goods or the conclusion of the service contract.

After communicating his decision to retract via this form, the Customer has 14 calendar days to return or return the goods.

The Customer may request the refund of the returned product, without penalty, with the exception of the return costs which remain his responsibility.

Seller shall reimburse the Customer for all amounts paid, including delivery charges, within 14 business days of the recovery of the goods or the transmission of proof of the shipment of such goods.

If the order concerns, in whole or in part, digital content not provided on a physical medium, the Customer hereby agrees to lose, for this digital content, its right of withdrawal in order to be delivered as soon as possible.

 

2.10.2. Exceptions to the right of withdrawal

The right of withdrawal can not be invoked in the case of :

  • custom-made products, the resale of which becomes impossible as a result of its customization to suit the needs of the Customer ;
  • products that have been used, and whose resale becomes impossible following the use of the product ;
  • products whose sealed packaging has been opened and whose resale becomes impossible following the opening of the packaging ;
  • products that can not be returned for hygienic reasons, and whose resale also becomes impossible.

The Seller will keep in his computer systems and under reasonable conditions of security a proof of the transaction including the purchase order and the invoice.

 

2.11. Guarantees

The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.

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 latter’s declaration.

 

2.12. Data Protection

The Seller guarantees his Client the protection of his personal data in accordance with the privacy policy available on the Platform.

 

2.13. Force Majeure

If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance and beyond his control, then it is a matter of force majeure.

In case of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, during the whole duration of the force majeure. The Seller immediately notifies the Customer.

If the force majeure lasts more than 90 days without interruption, each party to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. Services already performed by the Seller will nevertheless be billed in proportion to the Customer.

 

2.14. Independence of Clauses

The illegality or total or partial invalidity of a provision of these ToSa will have no impact on the validity and application of other provisions. The Seller reserves the right to replace the illegal or void provision with another valid and similar provision.

 

2.15. Applicable Law and Competent Jurisdiction

These ToSa are governed by Belgian law.

In case of dispute and failing amicable agreement, the dispute will be brought before the courts of the judicial district of the registered office of the Seller.

Last updated on 26th August, 2019.