CLAUSE 1 – PURPOSE
The present document (General Sales Conditions) defines the conditions applicable to the sales made between, on the one hand, any person browsing the site www.yakacompany.com, hereinafter the User, and on the other hand, the company SPRL YaKa, registered at the BCE under the number 0670820821, whose head office is located at Rue Achille Fiévez, 16 1474 Ways, Belgium, owner of the present site.
Consequently, by accessing and using the www.yakacompany.com website, the User agrees to respect all the conditions of use described below. The user is informed that these conditions may be updated at any time. Therefore, they should consult this page regularly to be aware of any changes that may be made.
Any handicapped person, in particular in the sense of article 1123 and following of the Civil Code, cannot in any case make purchases on the present site.
IN ARTICLE 2 – ORDERING
The products offered for sale on the www.yakacompany.com website are the YaKa, an innovative and patented product, a universal document holder that adapts to all the files commonly available in the world.
The YaKa can be adapted to all files with a height of 4 cm to 8 cm.
The YaKa brand is a registered trademark. Any theft and unauthorized use of the said mark will be prosecuted before the competent courts.
The characteristics of the YaKa are predefined in the most complete way possible on the www.yakacompany.com website on the product website (characters, illustration photos, descriptions, etc.), which allows the user to see the essential characteristics of the YaKa he/she is ordering before the final order. The User acknowledges that his acceptance is made in consideration of these descriptions. Any dispute concerning the nature of the article must refer to the product description.
The ordering process is as follows:
- Selection of items and their essential characteristics ;
- Add to cart ;
- Confirm the contents of the basket;
- Login to yakacompany.com, if the User has not already logged in;
- Choice of delivery method ;
- Choice of payment method and acceptance of terms and conditions ;
- Confirmation of payment ;
During these different stages, the User can view the details of his order and its total price as well as correct any errors, before confirming the order.
Confirmation of the order implies acceptance of these conditions of sale, recognition that the User has full knowledge of them, and a waiver of any other conditions. All the data provided during the order and the confirmation of the latter are proof of the transaction.
Once the order is confirmed on the site, the User acknowledges that its acceptance is a firm and irrevocable commitment: the sale is considered as complete, and its price is immediately payable by the User. The User then has no right of rectification, exchange or return.
YaKa will then send an e-mail confirming the order. This e-mail only confirms the receipt of the order by YaKa.
Once the order is confirmed, the manufacturing time for some YaKa models is about 4 to 6 weeks. The YaKa company sends an information e-mail to the user when his YaKa is completed. None of these e-mails shall constitute acceptance of the order. No sales contract is formed between the parties until YaKa has sent an e-mail confirmation that the ordered products have been shipped to the user, and only the products listed in the shipping confirmation e-mail are subject to said contract.
YaKa reserves the right to cancel or refuse any order from a user with whom there is a dispute regarding the payment of a previous order, or who presents a risk of any kind.
YaKa commits itself to honouring orders received on its website only within the limits of available stocks. In the event of unavailability of one or more items ordered, the company undertakes to inform the User as soon as possible and, if necessary, to reimburse him/her within 45 days of payment of the sums paid. The User’s order will then be automatically cancelled. If an e-mail informing the User of the production time has been sent to keep him informed of the approximate delivery time, and if no cancellation of the order has been sent to email@example.com , the order and delivery will be carried out as soon as the YaKa is produced.
CLAUSE 3 – PRICES CLAUSE 3 CLAUSE 3 – PRICES
All the prices mentioned on the site www.yakacompany.com are indicated in euros, all taxes included, excluding the contribution to the delivery costs.
The validity period of the prices of the items offered on the site www.yakacompany.com is 24 hours from their publication on the said site. The articles are invoiced on the basis of the prices in force at the time of the recording of the order.
The price is payable only in full, in a single payment.
The articles remain the property of YaKa until the company has collected the full price.
YaKa Company makes every effort to ensure that all details, descriptions and prices that appear on its site are accurate, but errors may occur. If an error is found in the prices of the goods that the User has ordered, one of the YaKa company members will inform him/her as soon as possible by e-mail and will give him/her the possibility to confirm the order at the real price or to cancel it.
Payment is due by the User immediately after placing the order. The User then proceeds to the payment of his order via the Ingenico Payment Services or PayPal system. The order will be processed upon receipt of Ingenico Payment Services’ or PayPal’s approval, in accordance with the procedure described in clause 4.
An electronic invoice can be issued by the site. In this case, the user must specify the e-mail address to which the invoice is to be sent.
Terms of payment of VAT :
Unless otherwise indicated, the prices displayed on the site include VAT at the Belgian rate.
– Delivery in Belgium :
Individuals and companies: the sale includes VAT at the Belgian rate of 21%.
– Shipment to another EC country :
Individuals: the sale includes VAT at the Belgian rate of 21%.
Companies: the sale is carried out without VAT (on condition of providing an intra-community VAT number).
CLAUSE 4 – METHODS OF PAYMENT
The site has chosen to receive payments by credit card via the secure payment system Ingenico Payment Services, which encrypts all information relating to the use of the card during the online payment transaction via the site.
The following cards are accepted: Visa, MasterCard or American Express. The online payment page asks the user to enter the card number, expiration date, and security code (3-digit number on the back of the card).
The site cannot be held responsible for the consequences of the use (fraudulent or otherwise) of the credit card that may be made by third parties, including through intercepted messages.
Once the order is completed, the User is redirected to the secure site of Ingenico Payment Services for the full payment transaction. This mechanism guarantees the confidentiality of payment data (especially credit card numbers), as the site never sees the user’s credit card number, which the financial institution receives in encrypted form. The site receives a certificate issued by Verisign, which confirms the real existence of Ingenico Payment Services and the use of an SSL certificate for the encoding of confidential data.
Once the payment has been accepted and confirmed, Ingenico Payment Services will proceed to verify and execute the payment.
CLAUSE 5 – RISKS OF OWNERSHIP
The transfer of ownership of the product takes place only after full payment of the price of the product, regardless of its delivery date.
The transfer of risks takes place at the time of delivery of the product to the User, if the latter is a private individual (consumer within the meaning of the Belgian law of 6 April 2010 on market practices and consumer protection).
In the case of a sale to a professional, the risk of loss is transferred to that person as soon as the package is handed over to the carrier.
The date indicated on the delivery document is valid proof of the delivery date.
CLAUSE 6 – SHIPPING AND DELIVERY
CLAUSE 7 – RETURNS
In accordance with the Belgian law on market practices and consumer protection of April 6, 2010, concerning the goods sold on the site www.yakacompany.com, the consumer has no right to renounce the purchase (right of withdrawal), right of return or right of exchange of products.
Once the order is validated on the site, the User recognizes that his acceptance is made in full consideration of the description of the YaKa, object of the sale, and that it constitutes a firm and irrevocable commitment. The sale is then considered complete, and the price is due immediately. From that moment on, the User has no right of rectification, exchange or return.
The YaKa is guaranteed for 2 years. If any problem arises with the YaKa during this period, simply send us an e-mail to firstname.lastname@example.org and we will be happy to respond and arrange for an exchange, taking into account that the YaKa has been used for its original and intended purpose. The YaKa must be returned at your expense to the address below and will be returned to you free of charge within 2 to 4 weeks from the date of receipt.
To the attention of Alexandra Lousse
Rue Achille Fiévez ,16
If the YaKa is no longer under warranty, you can of course contact us by e-mail at the following address: email@example.com.
CLAUSE 8 – LIABILITY
YaKa shall not be held responsible for the delay or non-execution of the order if it is due to a technical cause or any other cause beyond its control. In this case, the site has the right to delay the transport and delivery, or to cancel the order.
The company shall in no case be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any other event qualified as force majeure.
The content available on the www.yakacompany.com website is displayed without any guarantee of accuracy. YaKa cannot be held responsible for any damage resulting from this, whether it be direct or indirect damage, or loss of use resulting from the use of the site.
YaKa reserves the right to make changes to its site and its contents at any time, including prices, descriptions and stocks, without informing the users, whether they are registered or not. The photographs and illustrations accompanying the products on the website www.yakacompany.com have no contractual value and cannot in any way engage the responsibility of YaKa.
YaKa reserves the right to withdraw or modify certain services or elements of the site without notice. The company also reserves the right, at any time and for any reason whatsoever, to modify or interrupt, temporarily or permanently, all or part of the access to the site without informing the User. The company can in no way be held responsible for direct or indirect damages related to a modification, suspension or interruption of access to the site. In addition, YaKa may restrict access to parts or all of its website www.yakacompany.com.
The website www.yakacompany.com may contain hypertext links that direct the User to other sites. The company cannot be held responsible for the content of these websites in the event that they contravene the legal and regulatory provisions in force, nor for the consequences of their use by the User.
YaKa Company is not responsible for the fraud or negligence of its employees, subcontractors and fulfillment agencies.
CLAUSE 9 – INTELLECTUAL PROPERTY
All models, texts, comments, works, illustrations and images reproduced on the website www.yakacompany.com are its exclusive property and are protected by intellectual and/or industrial property law throughout the world.
Users may store, print and display the content provided for their personal use only. Users are not permitted to publish, manipulate, distribute or reproduce, in any format, all or part of the content of this site. They may not modify, translate, cut, decompile, disassemble or create derivative works based on the software or accompanying documentation provided by YaKa.
The brand “YaKa” is a registered trademark and belongs exclusively to YaKa Company SPRL.
No permission is granted to the user to use this trademark in any way. The User agrees not to use these marks or marks similar to them without the prior written consent of the Company.
Any hypertext link to this site, or using the framing or in-line linking technique, is strictly forbidden without the prior written consent of YaKa Company.
In accordance with the Belgian law of December 8, 1992 regarding the protection of privacy with respect to the processing of personal data, YaKa is committed to protecting the privacy of its users.
Collection and use of information
The website www.yakacompany.com reserves the right to collect data concerning the User, in particular when the latter places an order on the site. All personal data collected are exclusively intended for the internal use of the YaKa company.
The information and data concerning the User, requested by the website www.yakacompany.com, are necessary for the registration and follow-up of his order, as well as for the proper commercial management of YaKa. They also allow the company to provide personalized services to its users and to improve the relevance of the information offered to them. By using this site, the user gives his/her consent to the processing of the personal data described below and guarantees that all the data he/she has provided are correct. The data collected on the site are the following: name, first name, date of birth, e-mail address, address, country, telephone number, credit card number and expiration date. The user is informed that this information is subject to automated processing.
When the user visits the www.yakacompany.com website or sends e-mails to it, he/she agrees to receive electronic communications from YaKa, such as newsletters, and thus to be regularly informed of the offers proposed by the site.
They can unsubscribe from this newsletter by clicking on the link at the bottom of each newsletter or on the website www.yakacompany.com.
These cookies are used to anonymously collect information about the pages and elements of the site visited. This information cannot be linked to personally identifiable information, but is aggregated to inform the company about how the public uses the site. Information about the items the user adds to their shopping cart is stored to ensure that these selections are not lost from one visit to the next, but the user’s identity remains unknown to YaKa unless they place an order.
When the User browses the site, cookies from partner companies may be placed on the User’s computer. The purpose of these cookies is to identify the items consulted or purchased on the www.yakacompany.com website and to collect navigation data in order to personalise the advertising offer sent to the User outside the site.
Within the framework of this sponsored advertising, YaKa may transmit to its partners data concerning the articles consulted by the User and the nature of his purchases.
Right of access and rectification :
In accordance with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, the User has the right to access, rectify, modify and delete data at any time by sending an e-mail to firstname.lastname@example.org.
ARTICLE 11 – CANCELLATION
If any part of these terms and conditions is held to be invalid, this shall not affect the remaining provisions, which shall remain in force.
If a condition is missing, it will be governed by the procedures applicable to distance selling companies with their registered office in Belgium.
CLAUSE 12 – DURATION
The present conditions apply during the entire duration of the online presence of the services offered by YaKa.
CLAUSE 13 – EVIDENCE
The computerized registers, kept in the computer systems of YaKa and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
CLAUSE 14 – APPLICABLE LAW AND JURISDICTION
The present conditions are subject to Belgian law. In the event of a dispute, Belgian law shall apply and the courts of the district of Nivelles shall have sole jurisdiction.
Rue Achille Fiévez,16