GENERAL TERMS AND CONDITIONS OF USE AND SALE
Updated on 31/05/2023
The website
Fujitsu.SpareStore.shop
(hereinafter the "Platform")
is an initiative of :
Smart Services
Temselaan 5
1853 Strombeek-Bever
Belgium
Company number (BCE/TVA): BE 0459 457 227
E-mail: Yves.voets@smartservices.be
Telephone: +32 (2) 582.92.39
(hereinafter "Smart Services" or the "Seller")
I. GENERAL CONDITIONS OF USE
1. Scope of application
These general conditions of use (hereinafter the "GCU") apply to any visit to or use of the Platform and its information by an Internet user (hereinafter the "User").
By visiting or using the Platform, the User acknowledges having read these GCU and expressly accepts the rights and obligations set out herein.
Exceptionally, the provisions of the GCU may be waived by written agreement. Such derogations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GCU.
We reserve the right to modify our GCU at any time, without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.
2. Platform
a. Access and browsing
We take all reasonable and necessary steps to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer any guarantee of absolute operability 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 any damage that may result from possible malfunctions, interruptions, defects or harmful elements on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without obligation to give prior notice.
b. Content
Smart Services largely determines the content of the Platform and takes great care with the information on the Platform. We take all necessary measures 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, add to or delete the Platform and its content at any time, without being held liable.
Smart Services cannot offer an absolute guarantee concerning the quality of the information present on the Platform. It is therefore possible that this information may not always be complete, accurate, sufficiently precise or up to date. Consequently, Smart Services cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information presented on the Platform.
If certain content on the Platform infringes the law or the rights of third parties, or is contrary to morality, we ask you to inform us as soon as possible by e-mail so that we can take appropriate measures.
Any downloading from the Platform always takes place at the User's own risk. Smart Services cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User's computer system, which are entirely and exclusively the responsibility of the User.
c. Services reserved for registered Users
1) Registration
Access to certain services is subject to registration by the User.
Registration and access to the Platform's services are reserved exclusively for natural persons with legal capacity who have completed and validated the registration form available online on the Platform, as well as these GCU.
When registering, Users undertake to provide accurate, truthful and up-to-date information about themselves and their civil status. The User must also regularly check their details to ensure that they are accurate.
The User must therefore provide a valid e-mail address, to which the Platform will send confirmation of registration for its services. An e-mail address may not be used more than once to register for services.
Any communication sent by the Platform and its partners is therefore deemed to have been received and read by the User. The User therefore undertakes to regularly check messages received at this e-mail address and, if necessary, to reply within a reasonable time.
Only one registration is permitted per individual.
The User will be given an identifier enabling him/her to access an area reserved for him/her (hereinafter referred to as the "Personal Area"), in addition to entering his/her password.
Users can change their login and password online in their Personal Area. The password is personal and confidential, and the User undertakes not to communicate it to third parties.
In any event, Smart Services reserves the right to refuse a request to register for services on the Platform if the User does not comply with the GCU.
2) Deregistration
Regularly registered Users may unsubscribe at any time by visiting the dedicated page in their Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the form provided for this purpose.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that a relationship exists between Smart Services and the external website or even that an implicit agreement exists with the content of these external websites.
Smart Services 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, they leave the Platform. We cannot therefore be held liable for any subsequent damage.
4. Intellectual property rights
The structure of the Platform, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which make it up or which are accessible via the Platform are the property of the publisher and are protected as such by the laws in force in respect of intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights on the Platform.
Users of the Platform are 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 purposes. Except with prior written consent, Users are not authorised to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
Users are prohibited from entering data on the Platform that would modify or be likely to modify its content or appearance.
5. Protection of personal data
Personal data provided by the User when visiting or using the Platform are collected and processed by Smart Services exclusively for internal purposes. Smart Services assures its Users that it attaches the utmost importance to the protection of their privacy and their personal data, and that it always undertakes to communicate clearly and transparently on this point.
Smart Services 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 on the free movement of such data.
The User's personal data is processed in accordance with the Privacy Policy available on the Platform.
6. General provisions
Smart Services reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice, and without incurring any liability.
In the event of a breach of the GCU by the User, Smart Services reserves the right to take appropriate sanctions and remedial measures. In particular, Smart Services reserves the right to deny the User access to the Platform or to our services, either temporarily or permanently. These measures may be taken without giving any reason and without prior notice. They cannot engage the responsibility of Smart Services or give rise to any form of compensation.
The illegality or total or partial invalidity of a provision of our GCU 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 provision of similar scope.
II. GENERAL TERMS AND CONDITIONS OF SALE
1. Scope of application
These General Terms and Conditions of Sale (hereinafter the "GTCS") define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter the "Customer").
The GTS express the entirety of the obligations of the parties. The Customer is deemed to accept them unreservedly, failing which the order will not be validated.
In exceptional circumstances, derogations may be made to the provisions of the GCS, provided that such derogations have been agreed in writing. These derogations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GCS.
Smart Services reserves the right to modify the GCS from time to time. The modifications will be applicable as soon as they are put online for all purchases made after this date.
2. Online Shop
Via the Platform, the Seller provides the Customer with an online shop presenting the products or services sold, without the photographs having any contractual value.
The products and services are described and presented as accurately as possible. However, the Seller may not be held liable for any errors or omissions in the presentation.
Products and services are offered subject to availability.
Prices and taxes are specified in the online shop.
3. Prices
The Seller reserves the right to modify 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.
Prices are indicated in euros and do not include any delivery charges, which are indicated and invoiced in addition before the Customer confirms the order.
The total amount of the order (including all taxes) and, where applicable, delivery costs is indicated before final validation of the order form.
4. On-line ordering
The Customer may complete 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.
For the order to be validated, the Customer must accept these GCS by clicking where indicated.
The Customer must provide a valid e-mail address, billing details and, where applicable, a valid delivery address. Any exchanges with the Seller may take place via this e-mail address.
In addition, the Customer must choose the delivery method and validate the payment method.
The Vendor reserves the right to block the Customer's order in the event of non-payment, an incorrect address or any other problem with the Customer's account, until the problem has been resolved.
5. Order confirmation and payment
The Vendor retains ownership of the items ordered until full payment for 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 method of payment. This validation takes the place of a signature.
The Customer guarantees the Vendor that he/she has the necessary authorisations to use this method of payment and acknowledges that the information given for this purpose is proof of his/her consent to the sale and to the payment of the sums due for the order.
The Vendor has set up a procedure for verifying orders and means of payment in order to provide a reasonable guarantee against any fraudulent use of a means of payment, including by requesting identification data from the Customer.
In the event of refusal to authorise payment by bank card by the accredited organisations or in the event of non-payment, the Vendor reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
b. Confirmation
As soon as confirmation of the purchase and payment have been received, the Vendor will send an invoice to the Customer, unless the invoice is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the customer service department (see contact details below) before delivery.
In the event that a service or product is unavailable, the Vendor will inform the Customer by e-mail as soon as possible in order to replace it or cancel the order for this product and possibly refund the relevant price, the remainder of the order remaining firm and definitive.
6. Proof
Communications, orders and payments between the Customer and the Vendor may be proven by means of computerised registers kept in the Vendor's computer systems under reasonable security conditions. Order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
7. Delivery
Delivery is only made once payment has been confirmed by the Seller's bank.
Products are delivered to the address indicated by the Customer on the online order form. Additional costs arising from incomplete or erroneous information provided by the Customer will be invoiced to the Customer. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
Delivery takes place, depending on the method chosen by the Customer, within the following timescales:
Standard delivery 6-8 days.
Some deliveries may take longer.
Please contact us for delivery times.
Delivery times are given for information only. No compensation may be claimed from the Seller or the carrier in the event of late delivery. However, if delivery times exceed thirty days from the date of the order, the sales contract may be cancelled and the Customer reimbursed.
a. Checking the order
On receipt of the products, the Customer or recipient shall check that the product delivered is in good condition or that the service provided complies with the order.
In the event that one or more of the products ordered are missing or damaged, the Customer or recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Vendor.
Verification is deemed to have been carried out once the Customer or a person authorised by the Customer has received the order without expressing any reservations.
Any reservations not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release the Vendor from any liability to the Customer.
b. Delivery error
In the event of a delivery error or non-conformity of the products in relation to the information on the order form, the Customer shall inform the Vendor within three working days of the date of delivery.
Any complaint not made within this period will not be taken into account and will release the Vendor from any liability to the Customer.
c. Returns and exchanges
The product to be exchanged or reimbursed must be returned to the Seller in its entirety and in its original packaging, in accordance with the following terms and conditions:
The item must be returned in its original box and in good condition. The part must be returned in its original box and in good condition.
Any claim or return not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Vendor from any liability to the Customer.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. The cost of returning the goods shall be borne by the Customer.
8. Guarantees
The Seller guarantees that the products or services comply with the contract in accordance with the law in force at the time the contract is concluded.
a. Guarantee of conformity
If the Customer is a consumer, he or she has a period of two years from delivery of the product in which to make use of the legal guarantee of conformity. However, if the product purchased was a second-hand item, the warranty period is one year.
Any lack of conformity must be reported to the Vendor as soon as possible and, in any event, no later than two months after it is discovered.
9. Right of withdrawal
If the Customer is a consumer, they may exercise their legal right of withdrawal within 14 working days following delivery of the goods or conclusion of the service contract.
Once the Customer has communicated their decision to withdraw, they have 14 days to return or refund the goods.
Any retraction not carried out in accordance with the rules and deadlines defined in this article shall not be taken into account and shall release the Vendor from any liability towards the Customer.
The Customer may request reimbursement of the returned product, without penalty, with the exception of the return costs, which remain at the Customer's expense.
The return or exchange of the product will only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
The Vendor shall reimburse the Customer for all sums paid, with the exception of delivery costs, within 14 days of recovery of the goods or transmission of proof of dispatch of the goods.
If the order relates, in whole or in part, to digital content not supplied on a physical medium, the Customer hereby agrees to forfeit, in respect of such digital content, his/her right of withdrawal in order to receive delivery as soon as possible.
Model withdrawal form
For the attention of :
Smart Services
Temselaan 5
1853 Strombeek-Bever
Belgium
Company number (BCE/TVA): BE 0459 457 227
E-mail: Yves.voets@smartservices.be
Telephone number : +32 (2) 582.92.39
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of the following services (*):
________________________________
________________________________
________________________________
Ordered on (*)/received on (*) : __________
Name of consumer(s): __________
Address of consumer(s) : __________
Signature of the consumer(s) (only in the case of notification of this form on paper) :
____________________
Date : __________
* Delete as appropriate
10. Force majeure
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond its control, this is deemed to be force majeure.
In the event of force majeure, the Seller is authorised to suspend performance of the order, in whole or in part, for the duration of the force majeure. The Seller shall notify the Customer immediately.
If the force majeure continues for more than 90 days without interruption, each of the parties to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. The services already provided by the Vendor will nevertheless be invoiced proportionally to the Customer.
11. Independence of clauses
The illegality or total or partial invalidity of any provision of these GCS shall have no impact on 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 scope.
12. Applicable law and jurisdiction
These GTC 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 of the Seller's registered office.