GENERAL TERMS AND CONDITIONS
CLAUSE 1 – PURPOSE
The present document (General Terms and Conditions of Sale) defines the conditions applying to sales completed between, on the one hand, any person browsing on the site www.yakacompany.com, hereinafter the User, and on the other hand, the SPRL YaKa Company, registered in the BCE under number 0670820821, its head office located at Rue Achille Fiévez, 16 1474 Ways, Belgium, owner of the present site.
Consequently, by accessing and using the site www.yakacompany.com, the User accepts compliance with the entirety of the conditions of use described below. The User is notified that these conditions may be updated at any time. For that reason they must check this page regularly in order to gain knowledge of any change that may be made to them.
All disabled persons, particularly in the sense of article 1123 and following of the Civil Code, may not in any manner make purchases on the present site.
CLAUSE 2 – ORDER
The products offered for sale on the site www.yakacompany.com are the YaKa, an innovative and patented product, a universal folder holder that adapts to all folders commonly available around the world.
The YaKa adapts to all folders of a height of 4 cm to 8 cm.
The YaKa brand is a registered trademark. All theft and unauthorized use of the said brand will be subject to criminal prosecutions before the competent courts.
The characteristics of the YaKa are predefined as fully as possible on the site www.yakacompany.com on the product website (typefaces, illustrative photographs, descriptions, etc.), which enables the User to see the essential characteristics of the YaKa that they are ordering before the final order is placed. The User acknowledges that their acceptance is performed in consideration of these descriptions. All disputes bearing on the nature of the article must refer to the product description sheet.
The order process is as follows:
- Choice of articles and their essential characteristics;
- Add to basket;
- Confirm contents of the basket;
- Login to the site yakacompany.com, if the User has not already logged in;
- Choice of delivery method;
- Choice of payment method and acceptances of the T’s and C’s ;
- Confirmation of payment;
During these different stages, the User can view the detail of their order and its total price as well as correct any errors, before confirming the order.
Order confirmation entails acceptance of the present terms and conditions of sale, acknowledgement that the User is perfectly aware of them, and a waiver concerning the non-prevalence of any other terms. All details supplied during the order and confirmation of the latter amount to proof of the transaction.
Once the order is confirmed on the site, the User acknowledges that their acceptance amounts to firm and irrevocable commitment: the sale is considered complete, and its price is immediately payable by the User. The User then no longer has any right to rectify, exchange or return.
YaKa Company then sends an order confirmation e-mail. This e-mail solely confirms receipt of the order by YaKa Company.
Once the order is confirmed, the period for making certain models of YaKa is approximately 4 to 6 weeks. YaKa Company sends an information e-mail to the User when their YaKa is made. None of these e-mails amounts to acceptance of the order. No sales contract is formed between the parties until YaKa Company has sent the confirmation via e-mail that the ordered products have been sent to the User, and only the products listed in the shipping confirmation e-mail form of the object of the said contract.
YaKa Company reserves the right to cancel or refuse any order from a user with whom there is a dispute relating to payment of a prior order, or who would present a risk of any form in their view.
YaKa Company undertakes to honour the orders received on its site only within the limit of the available stocks. If any or several of the articles ordered are not available, the company undertakes to inform the User of this as soon as possible and, if need be, to reimburse them within 45 days at the latest following payment of the remitted sums. The User’s order will then be automatically cancelled. If an e-mail informing the User of the production timeframes has been sent to them in order to keep them informed of the approximate delivery periods, and if no order cancellation has been addressed to firstname.lastname@example.org , the order and delivery will be performed as soon as the YaKa is produced.
CLAUSE 3 – PRICE
All prices mentioned on the site www.yakacompany.com are indicated in Euro, all taxes included, excluding share of shipping fees.
The duration of validity of the prices of the articles offered on the site www.yakacompany.com is 24 hours counting from their publication on the said site. The articles are invoiced on the basis of the tariffs in force at the time of order registration.
The price is payable only in full, in one sole payment.
The articles remain the property of YaKa Company until the company has collected the full price.
YaKa Company does its utmost to ensure that all details, descriptions and prices that appear on its site are accurate, but errors may arise. If an error is noticed in the prices of the goods that the User has ordered, one of the members of YaKa Company will inform them of this as soon as possible via an e-mail and give them the option of confirming the order at the real price or cancelling it.
The payment is due by the User immediately after placement of the order. The User then proceeds to payment of their order via the Ingenico Payment Services system or PayPal. The order will be processed after receipt of the approval of Ingenico Payment Services or PayPal, in compliance with the procedure described in clause 4.
An electronic invoice may be delivered by the site. In this case, the User is obligated to specify the e-mail address to which the invoice must be sent.
VAT payment conditions:
Unless indicated to the contrary, the prices displayed on the site include VAT at the Belgian rate.
– Shipping within Belgium:
Private individuals and companies: the sale comprises VAT at the Belgian rate of 21%.
– Shipping to another country in the European Community:
Private individuals: the sale includes VAT at the Belgian rate of 21%.
Companies: the sale excludes VAT (provided that an intra-community VAT number is supplied).
CLAUSE 4 – PAYMENT METHODS
The site has chosen to receive payments by credit card via the secure payment system Ingenico Payment Services, which encrypts all information relating to use of the card during the online payment operation via the site.
The following cards are accepted: Visa, MasterCard or American Express. The online payment page asks the user to enter card number, date of expiry, along with the security code (3-figure number on the back of the card).
The site cannot be held liable for the consequences of (fraudulent or other) use of the credit card that could be made by third parties, including via the intermediary of intercepted messages.
Once their order is finished, the User is redirected to the Ingenico Payment Services secured site for the full payment transaction. This mechanism guarantees the confidentiality of the payment data (in particular, credit card numbers), as the site never finds out 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 is accepted and confirmed, Ingenico Payment Services proceeds to the verification and performance of the payment.
CLAUSE 5 – OWNERSHIP-RISKS
Transfer of ownership of the product only takes place after full payment of the price of the product, regardless of its date of delivery.
Transfer of risks takes place at the moment the product is delivered to the User, if the latter is a private individual (consumer in the sense of the Belgian law of 6 April 2010 relating to market practices and consumer protection).
If this is a sale to a businessperson, the risk of loss is transferred to the person as soon as the parcel is handed to the carrier.
The date indicated on the delivery document is valid proof of the date of delivery.
CLAUSE 6 – SHIPPING AND DELIVERY
CLAUSE 7 – RETURNS
In compliance with the Belgian law relating to market practices and consumer protection of 6 April 2010, concerning the goods sold on the site www.yakacompany.com, the consumer has no right to desist from the purchase (right of withdrawal), right of return or right to exchange products.
Once the order is confirmed on the site, the User acknowledges that their acceptance is performed in full consideration of the description of the YaKa, object of the sale, and that it amounts to firm and irrevocable commitment. The sale is then considered complete, and its price is due immediately. From this moment, the User has no right to rectify, exchange or return.
The YaKa is guaranteed for 2 years. If anything at all occurs with the YaKa during this period, you just need to send us an e-mail at the following address: email@example.com and we will be pleased to respond and do the necessary to make an exchange while taking account of the fact that the YaKa has been used within the scope of its initial and intended function. The YaKa must be sent back at your expense to the address below and will be sent back to you free of charge within a period of 2 to 4 weeks counting from date of receipt.
For the attention of Alexandra Lousse
Rue Achille Fiévez ,16
If the YaKa is no longer under guarantee, you can of course contact us by e-mail at the following address: firstname.lastname@example.org
CLAUSE 8 – LIABILITY
YaKa Company can under no circumstances be held liable for the delay or non-execution of the order if these are due to a technical cause or any other cause beyond its control. In this event, the site is entitled to delay the transport and delivery, or cancel the order.
The company’s liability cannot under any circumstances be engaged for all the inconveniences or damage inherent to the use of the Internet, in particular an interruption to service, external instrusion or the presence of computer viruses, or any other fact qualified as an act of god.
The content available on the Internet site www.yakacompany.com is displayed without any guarantee of accuracy. YaKa Company cannot be held liable for damage resulting therefrom; this includes direct and indirect damage, or the loss of enjoyment resulting from the use of the site.
YaKa Company reserves the right to perform modifications to its site and its content at any time, including to the tariffs, descriptions and stocks, without notification to the users, whether or not they are registered. Photographs and illustrations accompanying the products on the Internet site www.yakacompany.com have no contractual value and cannot in any circumstances engage the liability of YaKa Company.
YaKa Company reserves the right to withdraw or modify certain services or elements of the site without prior notice. The company also reserves the right, at any time and on any grounds, to modify or interrupt, temporarily or definitively, all or part of the access to the site without informing the User of this. The company cannot in any way be held liable for direct or indirect damage associated with a modification, suspension or interruption of access to the site. Moreover, YaKa Company can limit access to certain parts or the whole of its Internet site www.yakacompany.com
The Internet site www.yakacompany.com may contain hypertext links that send the User to other sites. The company’s liability can under no circumstances be engaged for the content of these websites should they contravene the legal and regulatory provisions in force, or for the consequences of their use by the User.
YaKa Company is not liable for the fraud or negligence of its employees, subcontractors and executing agencies.
CLAUSE 9 – INTELLECTUAL PROPERTY
All models, texts, commentaries, works, illustrations and images reproduced on the Internet site 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 supplied content for their personal use only. Users are not authorized to publish, handle, distribute or reproduce, in any format, any part or all of the content of this site. They cannot in any circumstances modify, translate, carve up, de-compile, disassemble or create derived works based on the software or accompanying documentation supplied by YaKa Company.
The brand “YaKa” is a registered trademark and belongs exclusively to YaKa Company SPRL.
No authorization is granted to the User to use this brand in any way. The User accepts that they will not use these brands or brands that are similar to it without the company’s prior written agreement.
All hypertext links to this website, or using the technique of framing or in-line linking, are formally prohibited without the prior written consent of YaKa Company.
CLAUSE 10 – CONFIDENTIALITY POLICY
In compliance with the Belgian law of 8 December 1992 relating to the safeguarding of private life with regard to the handling of personal data, YaKa Company undertakes to protect the privacy of its users.
Gathering and use of information
The Internet site 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 intended exclusively for the internal use of YaKa Company.
The information and data concerning the User, requested by the Internet site www.yakacompany.com, are necessary for the registering and monitoring of their order, and for the correct commercial management of YaKa Company. They also enable the company to provide customized services to its users and improve the relevance of the information that is offered to them. By using this site, the User gives their consent to the handling of personal details described in the following, and guarantees that all the details supplied by them are correct. The details collected on the site are the following: last name, first name, date of birth, e-mail address, address, country, telephone number, credit card number and expiry date. The User is informed that this information is handled automatically.
When the User visits the Internet site www.yakacompany.com or sends it e-mails, they consent to receiving electronic communications from YaKa Company, such as newsletters, and to thus being regularly informed of the offers made by the site.
They can unsubscribe from this newsletter by clicking on the link on the bottom of each newsletter or on the Internet site www.yakacompany.com.
These cookies are used to anonymously gather information concerning the consulted pages and elements of the site. This information cannot be coupled to information that allows the User to be identified personally, but it is grouped in order to inform the company about the way the public uses the site. Information concerning the articles that the User adds to their basket is stored in order to make sure that these selections are not lost from one visit to the next, but the User’s identity remains unknown to YaKa Company, unless they place an order.
When the User browses on the website, the cookies of partner companies may be placed on the User’s computer. The purpose of these cookies is to identify the elements consulted or purchased on the Internet site www.yakacompany.com and to gather browsing data in order to customize the advertising offering addressed to the User outside the site.
Within the scope of this sponsored advertising, YaKa Company may transmit data to its partners concerning the articles consulted by the User and the nature of his purchases.
Right of access and rectification:
In compliance with the law of 8 December 1992 relating to the safeguarding of private life with regard to the handling of data of a personal nature, the User has the right to access, rectify, modify and delete data at any time by sending an e-mail to email@example.com
YaKa Company reserves the right to perform modifications to its confidentiality policy at any time, on any grounds.
CLAUSE 11 – INVALIDITY
If any part of the present General Terms and Conditions of Sale is considered invalid, this will not affect any of the other clauses in any way; they will remain in force.
If any condition is missing, it will be governed by the procedures for distance selling enterprises that have their headquarters in Belgium.
CLAUSE 12 – DURATION
The present terms and conditions apply for the entire duration of the online presence of the services offered by YaKa Company.
CLAUSE 13 – EVIDENCE
The computer registers kept in the computer systems of YaKa Company and its partners under reasonable conditions of security will be considered as evidence of the communications, orders and payments occurring between the parties.
CLAUSE 14 – APPLICABLE LAW AND COMPETENCE
The present terms and conditions are subject to Belgian law. In the event of dispute, Belgian law applies and the district courts of Nivelles are solely competent.
Rue Achille Fiévez,16
Email : firstname.lastname@example.org