Terms of use


GENERAL TERMS AND CONDITIONS OF USE AND SALE
Updated on 25/09/2018
The website "UP WAY YOUR WAY" 
(hereinafter the "Platform")
is the initiative of a private individual in Belgium:
Company No. (ECB/VAT): 0699.808.577
E-mail: info@upwayyourway.com 
 
(hereinafter "UP WAY YOUR WAY")

I. GENERAL TERMS AND CONDITIONS OF USE

1. Scope of application :
These general terms and conditions of use (hereinafter referred to as the "T&Cs") 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 T&Cs and expressly accepts the rights and obligations mentioned therein.
We reserve the right to change our TOS 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 :
a. 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.

b. Content
UP WAY YOUR WAY 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.
UP WAY YOUR WAY cannot offer an absolute guarantee regarding the quality of the information on the platform. As a result, this information may not always be complete, accurate, sufficiently accurate or up to date. Consequently, UP WAY YOUR WAY cannot be held liable for any damage, direct or indirect, that the User may suffer as a result of the information on the platform.

3. Intellectual property:
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 UP WAY YOUR WAY exclusively for the following purposes 

internal. UP WAY YOUR WAY 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.
UP WAY YOUR WAY 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 T&Cs 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). 

7. General provisions :
UP WAY YOUR WAY 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 T&C by the User, UP WAY YOUR WAY reserves the right to take appropriate sanction and compensation measures. UP WAY YOUR WAY 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 UP WAY YOUR WAY or give rise to any form of compensation.


II. GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of application :
These general terms and conditions of sale (hereinafter referred to as the "GTC") 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 GTCs 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 GTC 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 GCU.
 
UP WAY YOUR WAY reserves the right to modify the T&Cs from time to time. The modifications will be applicable as soon as they are put online for any purchase after that date.
 
2. Online shop:
Through the platform, the Seller 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, the Seller cannot be held liable for this fact.
The products and services are offered within the limits of their availability, they are only delivered in certain European countries which will be specified at the time of purchase.
Incorrect delivery addresses are the responsibility of the Customer who will not be able to modify the details provided when confirming the order; UP WAY YOUR WAY is not able to make any changes.
Prices and taxes are specified in the online shop.
3. Price :
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 take into account any delivery costs, which are indicated and invoiced in addition 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 indicated before final validation of the order form.
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 GTC by clicking at the indicated place.
The Customer must provide a valid e-mail address, invoicing details and delivery address. Any exchange with the Seller may take place by means of this e-mail 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 (nb: 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:
a. Payment of payment
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation is in lieu 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.
The Seller 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.
b. Confirmation
Upon receipt of the validation of the purchase with payment, the Seller 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, the Seller 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.
UP WAY YOUR WAY cannot be held responsible for the delivery problem encountered. If the product is no longer available in stock, no payment will be deducted.
 
6. Evidence :
Communications, orders and payments between the Customer and the Seller may be proven by means of computerized records, kept in the Seller's 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. Delivery:
Delivery is only made 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 (see also above, point 2 and 4), any additional costs resulting from incomplete or incorrect information by the Customer may be charged to him. 
Delivery takes place within a "standard" time frame, i.e. between 6 and 8 days.
The delivery time is given as an indication. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If the delivery time exceeds thirty days from the date of the order, however, the sales contract may be terminated and the Customer reimbursed.
a. Checking the order
Upon receipt of the products, the Customer checks the good condition of the delivered product and the conformity of the service provided.
In the event that one or more of the ordered products are missing or damaged, the Customer must formulate the necessary reservations to the carrier at the time of delivery and immediately inform the Seller.
The verification is considered to have been carried out as soon as the Customer or a person authorised by him has accepted the order without any reservations.
Without prejudice to the right of withdrawal (explained below in point 9), any reservation not made in accordance with the rules defined above and at the time of receipt cannot be taken into account and will release the Seller from any liability towards the Customer.
b. non-compliance
In the event of non-compliance of the products with the indications on the order form, the Customer shall be entitled to inform the Seller within three working days of the delivery date.
Any complaint not made within the time limit cannot be taken into account and will release the Seller from any liability towards the Customer.
c. Returns and exchanges
The products sold may not be returned or exchanged. 
 
8. Guarantees :
The Seller 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.
Right of withdrawal:
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 the Seller 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.
The Seller shall, therefore, reimburse the Customer for all sums paid, including delivery charges, within 14 days of the recovery of the products or the transmission of proof of shipment of these goods.
 
withdrawal form
 
10. Data protection:
The Seller shall keep in its computer systems and under reasonable security conditions proof of the transaction including the purchase order and invoice.
The Seller 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 (General Data Protection Regulation) 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.
 
11. Force majeure : 
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond his control, it is a question of force majeure.
In the event of force majeure, the Seller is entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure situation. The Seller 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 the Seller will nevertheless be invoiced proportionally to the Customer.
 
12. Independence of the clauses:
If one or more provisions of these General Terms and Conditions of Business are found to be unlawful or void, the other provisions shall remain in full force and effect.
The illegality or total or partial invalidity of any provision of these GTC shall 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 scope.
 
13. Applicable law and competent jurisdiction:
These GTC 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