GENERAL CONDITIONS
Last updated March 21, 2020
The website:
Cuts & Cult
(hereinafter the "Platform")
is an initiative of:
Cuts & Cult
Diesterstraat 19
3980 Tessenderlo, Belgium
Company number (KBO / BTW): BE0875447467
E-mail: info @ cutsandcult. be
Phone: +32 468 25 21 96
(hereinafter "Cuts & Cult" or the "Seller")
I. GENERAL CONDITIONS OF USE
1. Scope
These
general conditions of use (hereinafter referred to as "AGV") apply to
any visit or use of the Platform and its information 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 AGVs and expressly accepts the rights and obligations stated
therein.
By
way of exception, the provisions of the AGVs can be waived by written
agreement. Such deviations may consist in the amendment, addition or
deletion of the provisions to which they relate and do not affect the
application of the other provisions of the AGVs.
We
reserve the right to change our AGVs at any time and without prior
notice, but we undertake to apply the provisions in effect when you used
our Platform.
2. Platform
a. Accessibility and navigation
We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our Platform. However,
we cannot provide an absolute guarantee of operation and our actions
must therefore be considered to be covered by a commitment 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 interrupt its operation at any time without prior notice.
b. Content
Cuts & Cult largely determines the content of the Platform and takes great care of the information on it. We
take every possible measure 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 delete the Platform and its content at any time, without any liability.
Cuts & Cult cannot offer an absolute guarantee with regard to the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently,
Cuts & Cult 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
certain content of the Platform violates the law or the rights of third
parties or violates morality, please notify us by email as soon as
possible so that we can take appropriate action .
Any download from the Platform is always at the User's own risk. Cuts
& Cult is not liable for 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.
c. Services reserved for registered Users
1) Registration
Access to certain services is determined by the user's registration.
Registration
and access to the services of the Platform are exclusively reserved to
natural persons who are legally competent, after completing and
validating the registration form available online on the Platform and
this AGV.
At
the time of registration, the User undertakes to provide correct,
sincere and current information about himself and his marital status. The User must also regularly check the data relating to him / her to ensure its accuracy.
The
User must therefore provide a valid email address, at which the
Platform will send him / her confirmation of his registration to his
services. An email address cannot be used multiple times to register for the services.
Any communication from the Platform and its partners is therefore deemed to have been received and read by the User. The
latter therefore undertakes to consult the messages he receives on this
e-mail address regularly and, if necessary, to reply within a
reasonable period of time.
Only one registration is allowed per person.
The
User is assigned an identification code with which he / she has access
to a space reserved for him / her (hereinafter "Personal Space"), in
addition to entering his / her password.
The username and password can be changed by the User online in his or her Personal Space.
The password is personal and confidential, the User undertakes not to disclose it to third parties.
In
any case, Cuts & Cult reserves the right to refuse a request for
registration with the services of the Platform in case of non-compliance
by the User with the AGV.
2) Unsubscribe
The User who is regularly registered can at any time request to unsubscribe by going to the special page in his Personal Space. Any deregistration from the Platform will be effective as soon as possible after the user has completed the appropriate form.
d. Content published by the User
The User undertakes to comply with applicable laws through each of his publications on the Platform. He
will pay particular attention to the interests of third parties,
offensive content and content that may be contrary to public policy or
morality. The User remains responsible for any content published on the Platform.
The Platform may exercise moderation in any publication and refuse to publish the content online without stating reasons. Likewise, the content published by a User can be changed or removed without any reason or deadline.
By
publishing on the Platform, the User grants Cuts & Cult, free of
charge and on a non-exclusive basis, the right to represent, reproduce,
edit, adapt, modify, modify, distribute and distribute the published
content. , directly or indirectly, in any medium and around the world.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such
links do not automatically imply a relationship between Cuts & Cult
and the external website or even an implicit agreement with the content
of these external websites.
Cuts & Cult 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 / she leaves the Platform. We can therefore not be held liable for further damage.
4. Online ordering
The customer has the option to fill in a form online using an electronic form. By filling in the electronic form, the customer accepts the price and description of the products or services.
To validate his order, the customer must accept this AVV by clicking on the indicated place.
The customer must provide a valid email address, billing information and, if applicable, a valid delivery address.
In addition, the customer must choose 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 on the customer's
account until the problem is resolved.
5. Protection of personal data
Cuts
& Cult assures users that they attach the utmost importance to the
protection of their privacy and personal data, and that they always
strive to communicate clearly and transparently in this regard.
The
personal data provided by the user during their visit or use of the
platform is collected and processed for internal purposes only by Cuts
& Cult. Cuts & Cult undertakes to comply with applicable laws 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 natural persons with
regard to the processing of personal data and on the free movement of
such data. User's personal data is processed in accordance with the
Privacy Policy available on the Platform.
6. Applicable law and competent jurisdiction
These AGVs are governed by Belgian law.
In
the event of a dispute and in the absence of an amicable settlement,
the dispute will be brought before the courts of the judicial district
where Cuts & Cult has its registered office.
7. Other provisions
Cuts
& Cult reserves the right to change, expand, remove, limit or
interrupt the Platform and the associated services at any time, without
prior notice and without liability.
In
the event of a breach of the AGV by the User, Cuts & Cult reserves
the right to take appropriate sanctions and compensation measures. Cuts & Cult reserves the right to temporarily or permanently refuse the User access to the Platform or our services. These measures can be taken without reason and without prior notice. They cannot entail Cuts & Cult's liability or give rise to any form of compensation.
The
illegality or total or partial invalidity of one provision of our AGV
will not affect the validity and application of the other provisions. In such case, we have the right to replace the provision with another valid and similar provision.
II. GENERAL SALES CONDITIONS
1. Scope
These
general sales conditions (hereinafter referred to as "AVV") define the
reciprocal rights and obligations in the event of the purchase of
products or services on the Platform by a User (hereinafter referred to
as "Customer").
The AVVs express all obligations of the parties. The Customer is deemed to accept it without reservation, failing which his order will not be validated.
Exceptions
to the provisions of the AVV can be made in exceptional cases, provided
that these exceptions have been agreed in writing. Such
deviations may consist in changing, adding or deleting the provisions
to which they relate and do not affect the application of the other
provisions of the AVV.
Cuts & Cult reserves the right to change the AVV from time to time. The changes will apply as soon as they are posted online for any purchase made after that date.
2. Online store
Via
the Platform, the Seller provides the Customer with an online store
that presents the products or services sold, without the photos having a
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 fact.
The products and services are offered within the limits of their availability.
Prices and taxes are listed 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 apply, subject to availability on that date.
Prices
are stated in euros and do not take into account any delivery costs,
which are additionally indicated and invoiced before the validation of
the order by the Customer.
The
total amount of the order (all taxes included) and, if applicable, the
delivery costs are stated before the final validation of the order form.
4. Online ordering
The Customer has the option of completing an order form 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 GTC by clicking on the indicated place.
The Customer must provide a valid email address, billing information and, if applicable, a valid delivery address. Any exchange 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 the event of
non-payment, incorrect address or any other problem on the Customer's
account until the problem is resolved.
5. Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order has been received.
a. Payment
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation is instead of a signature.
The
Customer warrants to the Seller that he has the necessary permissions
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 means of
payment to reasonably guarantee him against any fraudulent use of a
means of payment, including by requesting identification data from the
Customer, in case of refusal of authorization to pay 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 handled a previous order or who has a payment
dispute.
b. Confirmation
After
receipt of the validation of the purchase with payment, the Seller will
send a part of the purchase to the Customer, as well as an invoice,
unless the latter is delivered with the order.
The
Customer can request that the invoice be sent to an address other than
the delivery address by sending a request to Customer Service before
delivery (see contact details below).
In
the event of the unavailability of a service or product, the Seller
will inform the Customer by e-mail as soon as possible to replace or
cancel the order for this product and possibly refund the relevant
price, with the remainder of the the order remains firm and final.
6. Evidence
The
communications, orders and payments between the Customer and the Seller
can be proven by 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, which is in particular regarded as evidence.
7. Delivery
Delivery will only take place 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. Additional costs as a result of incomplete or incorrect information from the Client will be charged to the Client. For availability reasons, an order may depend on multiple consecutive deliveries to the Customer.
Delivery takes place, according to the method chosen by the Customer, within the following periods:
Standard delivery 2-8 days, express delivery 1-3 days, premium delivery within 24 hours.
Delivery times are indicative. In the event of late delivery, no compensation can be claimed from the Seller or the carrier. However,
if the delivery times are more than thirty days after the date of the
order, the sales contract can be terminated and the Customer can be
refunded.
a. Checking the order
On
receipt of the products, the Customer or the recipient checks the good
condition of the delivered product or the conformity of the service
provided.
In
the event that one or more of the ordered products are missing or
damaged, the Customer or the recipient must make the necessary
reservations to the carrier at the time of delivery and notify 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 according to the rules defined above and within
the time limits set cannot be taken into consideration and relieves the
Seller of any liability towards the Customer.
b. Error in the delivery
In case of a delivery error or
non-conformity of the products with the information on the order form,
the Customer will inform the Seller of this within three working days
after the delivery date.
Any
complaint that is not made within the deadline cannot be taken into
consideration and relieves the Seller of any liability towards the
Customer.
c. Returns and exchanges
The
product to be exchanged or refunded must be returned in its entirety
and in the original packaging to the Seller, according to the following
modalities:
Return
of the product by post within 30 days after delivery of the order to:
Cuts & Cult, Diesterstraat 19 3980 Tessenderlo - Belgium.
Any
complaint and return that is not made in accordance with the rules
defined above and within the time limits set cannot be taken into
consideration and relieves the Seller from any liability to the
Customer.
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in the original packaging.
The costs for the return are for the account of the Customer.
8. Warranties
The
Seller guarantees the conformity of the products or services with the
contract in accordance with the legislation in force at the time of the
conclusion of the contract.
a. Warranty of conformity
If the Customer is a consumer, he has two years from delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the purchased product was a second-hand, the warranty period is one year.
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 discovery of the
sale.
9. Right of withdrawal
If
the Customer is a consumer, he can exercise his legal right of
withdrawal within 14 working days after the delivery of the goods or the
conclusion of the service agreement.
After notification of his decision to cancel, the Customer then has 14 days to return or return the goods.
Any
revocation not executed according to the rules and terms of this
article cannot be taken into account and relieves the Seller from any
liability towards the Customer.
The
Customer may request a refund for the returned product at no additional
cost, except for the costs of return, which are at his expense.
The
return or exchange of the product can only be accepted for the products
as a whole, intact and in their original condition, in particular with
complete, intact packaging and in a state of sale.
The
Seller will reimburse the Customer for all amounts paid, including
delivery costs, within 14 days of the return of the goods or the sending
of proof of shipment of the goods.
If
the order wholly or partly pertains to digital content that has not
been supplied on a physical medium, the Customer agrees to lose his
right of withdrawal for such digital content in order to be delivered as
soon as possible.
Template form withdrawal
For the attention of:
Cuts & CultDiesterstraat 19 - 3980 Tessenderlo, Belgium
Company number (KBO / BTW): BE0875447467
E-mail: info@cutsandcult.be
Phone: +32 468 25 21 96
I
/ We (*) couple (s) ) you (*) hereby aware of my / our (*) revocation
of the agreement regarding the good (*) / the provision of the service
listed below:
________________________________________________________________________________________________
Ordered on (*) / received on (*): __________
Name (s) of the consumer (s): __________
Address (es) of the consumer (s): __________
Signature of the consumer (s) (only if this form is completed on paper): ____________________
Date: __________
* Delete what is not Applies
10. Data Protection
The
Seller will keep proof of the transaction, including the purchase order
and invoice, in its computer systems and under reasonable security
conditions.
The
Seller guarantees his 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 deemed to
be force majeure.
In
the event of force majeure, the Seller has the right to suspend the
execution of the order in whole or in part for the duration of the force
majeure. The Seller will immediately inform the Customer thereof.
If
the force majeure continues for more than 90 days without interruption,
each of the parties to the contract has the right to cancel the
contract unilaterally, by registered letter to the other party. The services already provided by the Seller will nevertheless be invoiced proportionally to the Customer.
12. Independence of the provisions
If one or more provisions of these GTC are declared illegal or null and void, the other provisions remain in full force.
The
illegality or total or partial invalidity of a provision of these GTC
does 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 effect.
13. Applicable law and competent jurisdiction
These GTC are governed by Belgian law.
In
the event of a dispute and in the absence of an amicable settlement,
the dispute will be brought before the courts of the judicial district
of the registered office of the Seller.