Terms of use
GENERAL TERMS AND CONDITIONS OF USE AND SALE
Online store - UP WAY YOUR WAY
I. GENERAL TERMS AND CONDITIONS OF USE
These general terms and conditions of use hereinafter referred to as the "terms and conditions of use" 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 having read these terms and conditions and expressly accepts the rights and obligations mentioned therein.
We reserve the right to change our terms and conditions of use at any time, without prior notice, but we undertake to apply the provisions that were in effect at the time you used our platform.
2. Platform :
Access and navigation:
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our platform. However, we cannot offer a guarantee of absolute operability and our shares 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. Thus, we are not liable for damages that may result from possible malfunctions, interruptions, defects or even harmful elements present on the platform.
We reserve the right to restrict access to the platform or to interrupt its operation at any time, without prior notice.
Content:
UPWYW. 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 on it is provided by third parties. We reserve the right to modify, supplement or delete the platform and its content at any time, without liability.
3. Copyright:
The structuring of the platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that compose it or that are accessible via the platform are the property of the publisher and are protected as such by the laws in force with respect to intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the platform, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights on the platform.
The Platform user 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, Users are not allowed to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.
The user is prohibited from entering data on the platform that would modify or be likely to modify its content or appearance.
4. Protection of personal data:
The personal data provided by the User during his visit or use of the platform are collected and processed by UPWYW. exclusively for the following purposes internal. UPWYW. assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it is always committed to communicating in a clear and transparent manner on this point.
UPWYW. undertakes to comply with the applicable legislation in this field, 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.
5. Applicable law and competent jurisdiction:
These terms and conditions of use are governed by Belgian law.
In the absence of an amicable agreement, any dispute shall fall exclusively within the jurisdiction of the courts of the judicial district of Brussels ( Hal -Vilvoorde).
6. General provisions :
UPWYW. reserves the right to modify, extend, delete, 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 Term and conditions by the user, UPWYW. reserves the right to take appropriate sanction and compensation measures. UPWYW. reserves the right to refuse the User any access to the platform or its services temporarily or permanently. These measures may be taken without giving reasons and without notice. They cannot engage the responsibility of UPWYW. or give rise to any form of compensation.
1. GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale 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 the "customer"
The general terms and 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 derogations may consist of the modification, addition or deletion of the clauses to which they relate and shall not affect the application of the other provisions of the general conditions of use. UPWYW. reserves the right to modify the terms and conditions. The modifications will be applicable as soon as they are put online for any purchase after that date.
Through the platform, UPWYW. provides the customer with an online shop presenting the products or services for sale, without the photographs having a contractual value. Products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, UPWYW. cannot be held liable for this fact. The products and services are offered within the limits of their availability.
3. Price - Customs DutiesTaxes :
Please note that, customs, duties and taxes are not included in the item price or shipping cost. When you place an order, you agree to pay any applicable customs, duties, or taxes imposed by your country. We cannot calculate these charges prior to your order being placed, and are unable to cover them for customers. Any applicable fees will be collected from you by the carrier upon delivery. If duties and taxes are not paid for by the customer and there is a refusal upon delivery, customers will not be refunded for their order.
4. Order online:
The customer has the possibility to 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 his order to be validated, the customer must accept these general conditions of sale by clicking at the indicated place.
The customer must provide a valid e-mail address, invoicing details and delivery address. Any exchange with UPWYW. may take place by means of this e-mail address.
In addition, the customer must choose the delivery method and validate the payment method.
UPWYW. reserves the right to block the customer's order in the event of non-payment ( without payment the order will not be recorded), incorrect address or any other problem on the customer's account until the problem is resolved.
5. Confirmation and payment of the order:
The customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation is in place of signature.
In the event of refusal of authorization of 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.
UPWYW. also reserves the right to refuse an order from a customer who has not fully or partially settled a previous order or with whom a payment dispute is pending.
Upon receipt of the validation of the purchase with payment, UPWYW. sends the purchase to the customer, as well as an invoice, unless the latter is delivered with the order.
In the event of unavailability of a service or product, UPWYW. will keep the customer informed by e-mail as soon as possible. in order to replace or cancel the order of this product and possibly refund the related price, the rest of the order remaining firm and final.
UPWYW. cannot be held responsible for the delivery problem encountered. If the product is no longer available in stock, no payment will be deducted. Payment can be made by Visa, Mastercard and Amex debit and credit cards, as well as Apple Pay & Google Pay.
6. Evidence :
Communications, orders and payments between the customer and UPWYW. may be proven by means of computerized records, kept in UPWYW. computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
7. Guarantees :
UPWYW. guarantees the conformity with the contract of the products or services sold in accordance with the law in force at the time of its conclusion.
The customer may exercise his right of legal withdrawal within 14 working days of delivery of the product or conclusion of the service contract. As a result, after having communicated his decision to withdraw, the customer has 14 days to return or return the ordered products. Any retraction not carried out in accordance with the rules and deadlines defined by this article cannot be taken into account and will release UPWYW. from any liability towards the customer. The customer may, under these conditions, request a refund of the returned product, without penalty, with the exception of the return costs, which will be at his expense.However, the return or exchange of the product can only be accepted for intact products, in their original state, in particular with complete packaging and in a state of sale. UPWYW. will therefore refund the customer for the totality of the sums paid, as soon as possible, but at the latest 14 days after the recovery of the products and the proof of shipment of these goods.
9. Data protection:
UPWYW. shall keep in its computer systems and under reasonable security conditions proof of the transaction including the purchase order and invoice. UPWYW. guarantees to its customer the protection of the customer's personal data in accordance with the Privacy Policy available on the platform. The customer's data collected, in the event of a purchase, are confidential and will not be used for any purpose whatsoever. Note: the GDPR is the new European law on the protection of personal data. This Regulation entered into force in the EU in May 2016 (EU/679). Not taking into account this new regulation can be sanctioned since May 25, 2018. This new standard requires, among other things, a double registration of each e-mail in our database.
If UPWYW. is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond his control, it is a question of major force.
In the event of force majeure, UPWYW. is entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure situation. UPWYW. shall immediately notify the customer thereof.
If the force majeure continues for more than 30 days without interruption, each of the parties to the contract shall have the right to terminate the contract unilaterally, by registered letter sent to the other party. Services already performed by UPWYW. will nevertheless be invoiced proportionally to the customer.
11. Independence of the clauses:
If one or more provisions of these general conditions of sale are deemed illegal or null, the other provisions will remain in force and in full effect.
The illegality or total or partial nullity of any of the provisions of these general terms and conditions will not affect the validity and application of the other provisions. UPWYW. reserves the right to replace the illegal or invalid provision with another valid provision of similar scope
12. Applicable law and competent jurisdiction:
These general terms and condition of sale are governed by Belgian law.
In the absence of an amicable agreement, any dispute shall fall exclusively within the jurisdiction of the courts of the judicial district of Brussels ( Hal -Vilvoorde).
Done at Brussels on 25 September 2018