General terms and conditions
Last updated on May 12, 2022
The website:
www.byoode.eu
(hereinafter referred to as the " Platform ")
is an initiative of:
Byoode
's Gravenstraat 197
9810 Nazareth
Unit 24.1 bus 1
Company number (CBE number): 0834896321
E-mail: info@byoode.eu
Phone: +31651682895
(hereinafter referred to as " we " or " Byoode " or the " Seller ")
I. GENERAL TERMS OF USE
1. Scope of applicationThese General Terms of Use 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 of Use and expressly accepts the rights and obligations stated therein.
By way of exception, the provisions of the General Terms of Use may be waived by written agreement. Such deviations may consist of the amendment, addition or deletion of the provisions to which they relate and shall not affect the application of the other provisions of the General Terms of Use.
We reserve the right to modify our General Terms of Use at any time and without prior notice, but we undertake to apply to a User the provisions that were in force at the time the User used the Platform.
2. Platform
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 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 to interrupt its operation at any time, without prior notice.
Byoode 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 about it is provided by third parties. We reserve the right to change, supplement or remove the Platform and its content at any time, without incurring any liability for this.
Byoode 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 up-to-date. Consequently, Byoode 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 any content on the Platform violates the law or the rights of third parties or is contrary to public decency, we request that each User inform us as soon as possible by email so that we can take appropriate measures.
Any download from the Platform is always at the User's own risk. Byoode is not liable 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 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 Byoode and the external website or even that there is an implicit agreement with the content of these external websites.
Byoode has no control over such external third party 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/she leaves the Platform. We can therefore not be held liable for 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 Byoode or Byoode has obtained the necessary rights, and are protected as such by the applicable and current legislation on intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, brands and services offered by the Platform, in any manner whatsoever, without the prior, express and written consent of Byoode, is strictly prohibited, with the exception of elements expressly indicated 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 to the public the protected elements in whole or in part.
The User is prohibited from entering any data on the Platform that would change or could change the content or 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 on this point.
The personal data provided by the User during his visit or use of the Platform are collected and processed by Byoode exclusively for internal purposes.
Byoode undertakes to comply with the applicable legislation in this area, in particular 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 Law 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.
6. Applicable law and competent jurisdiction
These General Terms 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 brought before the courts of the judicial district where Byoode has its registered office.
7. Other provisions
Byoode reserves the right to change, expand, remove, limit or interrupt the Platform and associated services at any time, without prior notice and without liability.
In the event of a breach of the General Terms of Use by the User, Byoode reserves the right to take appropriate sanctions and compensation measures. Byoode reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures can be taken without giving reasons and without prior notice. They cannot entail the liability of Byoode, nor give rise to any form of compensation.
The illegality or total or partial invalidity of a provision of our General Terms of Use shall not affect the validity and application of the other provisions. In such a case, we shall be entitled to replace the provision with another valid provision that serves the same purpose.
II. GENERAL CONDITIONS OF SALE
These General Terms and Conditions of Sale define the mutual 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 " Customer ").
The General 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 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.
Byoode 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.
2. Online storeThrough the Platform, the Seller provides the Customer with an online webshop presenting the products or services offered. The presentation of the products or services offered (e.g. via photos) has 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 stated in the online store.
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 will apply, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which will also be indicated and invoiced before the order is validated by the Customer.
The total amount of the order (all taxes included) and, if applicable, the delivery costs are indicated before the final validation of the order.
4. Order online
The Customer has the possibility to complete 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 indicated place.
The Customer must provide a valid email address, billing information and, if applicable, a valid shipping address. All communication 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 case 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 for the order has been received.
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation is valid in place of a signature.
The Customer guarantees to the Seller that he has the necessary authorizations to use this payment method and acknowledges that the information provided for this purpose constitutes proof of his agreement to the sale and payment of the amounts due under the order.
The Seller has put in place a procedure to check orders and payment methods in order to reasonably guarantee against any fraudulent use of a payment method, including by requesting identification information from the Customer.
In the event of refusal of authorization for payment by credit card by accredited organizations 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 or only partially processed a previous order or with whom a payment dispute is pending.
After 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 submitting a request to customer service prior to delivery (see contact details below).
In the event of unavailability of a service or product, the Seller will inform the Customer as soon as possible by email in order to replace or cancel the order for this product and possibly refund the price concerned, the remainder of the order remaining firm and final.
6. Evidence
The communications, orders and payments between the Customer and the Seller may 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 evidence.
7. 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 resulting from incomplete or incorrect information from the Customer will be charged to the Customer.
Delivery will take place, according to the method chosen by the Customer, within the following periods:
Within 2/3 working days.
Delivery times are indicative. In case of late delivery, no compensation can be claimed from the Seller or the carrier. However, if delivery times exceed thirty days after the date of the order, the sales agreement can be terminated and the Customer can be reimbursed.
Upon receipt of the products, the Customer or recipient shall check 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 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 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 set will not be taken into account and will release the Seller from any liability towards the Customer.
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 thereof within three working days following the delivery date.
Any complaint not submitted within the deadline cannot be taken into account and releases the Seller from any liability towards the Customer.
The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, according to the following modalities:
Return the product by post within 14 days after the date of delivery of the order to one of the following addresses.
Belgium:
's Gravenstraat 197
9810 Nazareth
Unit 24.1: Number 197 bus 1
The Netherlands:
Marnixstraat 354-G
1016XV Amsterdam
Any complaint or return not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release 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 for the return shipment are at the expense of the Customer.
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 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 guarantee 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 the discovery of the sale.
9. Right of withdrawal
This article only applies to the extent that the Customer is a consumer. If that is the case, the Customer can exercise his statutory right of withdrawal and terminate the agreement within 14 working days after delivery (taking possession) of the goods or within 14 days after concluding the service agreement.
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, without additional costs. 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 will reimburse the Customer for all sums paid, including delivery costs, within 14 days of taking back the goods or sending proof of dispatch of the goods.
Any revocation not carried out in accordance with the rules and time limits of this article and the applicable law cannot be taken into account and releases the Seller from any liability towards the Customer.
If the order relates in whole or in part to the delivery of digital content that is not delivered on a tangible medium, the Customer expressly agrees that the agreement can be executed immediately. The Customer hereby acknowledges that he or she loses the right of withdrawal if the agreement is executed immediately.
For the attention of:
Byoode
's Gravenstraat 197
9810 Nazareth
Unit 24.1 bus 1
Company number (KBO/VAT): 0834896321
E-mail: info@byoode.eu
Phone: +31651682895
I/We (*) hereby inform you (*) of my/our (*) withdrawal from the contract concerning the goods (*)/the provision of the service listed below:
________________________________
________________________________
________________________________
Ordered on (*)/received on (*): __________
Name(s) of consumer(s): __________
Address(es) of consumer(s): __________
Signature of consumer(s) (only if this form is completed on paper):
____________________
Date: __________
* Cross out what does not apply
10. Data protection
The Seller shall maintain 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 his personal data in accordance with the Privacy Policy available on the Platform.
11. Force Majeure
If the Seller is wholly or partially prevented from executing the order due to an unforeseen circumstance beyond his control, this is considered force majeure.
In the event of force majeure, the Seller shall have 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 thereof immediately.
If the force majeure continues for more than 90 days without interruption, either party shall have the right to terminate the contract unilaterally, by registered letter to the other party. The services already provided by the Seller shall nevertheless be invoiced to the Customer on a pro rata basis.
12. Independence of the provisions
If one or more provisions of these General Terms and Conditions of Sale are declared illegal or void, the remaining provisions shall remain in full force.
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 illegal or invalid provision with another valid provision with the same purpose.
13. Applicable law and competent court
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 resolution, the dispute will be submitted to the courts of the judicial district of the registered office of the Seller.