Version 04/08/2020
The website
screentoyou.com & comtoyou.com (hereinafter the “Platform”)
is an initiative of:
Comtoyou srl
Chaussée de Bruxelles 463 – 1410 Waterloo
Company N° (BCE/VAT): BE0879.824.741
E-mail: sales@comtoyou.com
Telephone: +32 2 351 20 44
(hereinafter “Comtoyou srl” or the “Vendor”)
I. GENERAL TERMS AND CONDITIONS OF USE
1. Scope of application
These general terms and conditions of use (hereinafter the “GTCU”) 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 that he/she has read
these GTCU and expressly accepts the rights and obligations set out in them.
The provisions of the GTCU may exceptionally be waived by written agreement. Such exemptions 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 GTCU. We reserve the right to change our GTCU 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 covered by an obligation of means. Any use of the Platform is always at the User’s own risk. Therefore, we are not liable for any damages 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
Comtoyou srl largely determines the content of the Platform and takes great care with the information published on the Platform. 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, add to or delete the Platform and its contents at any time, without being held liable.
Comtoyou srl cannot offer any absolute guarantee regarding the quality of the information present on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently precise or up to date. Therefore, Comtoyou srl cannot be held liable for any damage, direct or indirect, that the User may suffer as a result of the information contained on the Platform. If any of the contents of the Platform are in violation of the law or the rights of third parties, or are unethical, we ask you to inform us
as soon as possible by e-mail so that we can take appropriate measures.
Any download from the Platform is always at the
User’s risk. Comtoyou srl shall not be held responsible for any damage, direct or indirect, arising from such 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 legally capable individuals who have completed and validated the registration form available online on the Platform, as well as these GTCU. When registering, the User undertakes to provide accurate, honest and up-to-date information about himself/herself and his/her civil status. The User must also regularly check the data concerning him/her in order to maintain its
accuracy. The User must therefore provide a valid e-mail address, to which the Platform will send him/her a confirmation of his/her registration to its services. The same email address may not be used several times to register for services.
Any communication made 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 the messages received at this email address and, if necessary, to reply within a reasonable time.
One single registration is authorised per individual. The User will be given an identifier allowing him/her to access an
account reserved for him/her (hereinafter “Personal Account”), in addition to entering his/her password. The User ID and password can be changed online by the User in his/her Personal Account. The password is personal and confidential, and the User undertakes not to communicate it to third parties. Comtoyou srl 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 GTCU.
2) Unsubscription
The registered User may at any time request to unsubscribe by going to the dedicated page in his/her Personal Account. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the form provided for this purpose.
d. Content published by the User
The User undertakes to respect the laws in force through each of his/her
publications on the Platform. He/She shall be particularly attentive to the interests of third parties, to content of an offensive nature and to content likely to be contrary to public order or ethics. The User remains liable for any content published on the Platform. The Platform may moderate any publication and refuse to post content online without having to provide any justification. Similarly, content
published by a User may be modified or deleted without reason or delay. By publishing on the Platform, the User grants Comtoyou srl, free of charge and on a non-exclusive basis, the right to represent, reproduce, adapt, modify, distribute and disseminate the published content, directly or indirectly and on any medium and worldwide.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply any relationship between Comtoyou srl and the external website or even an implicit agreement with the content of such external websites.
Comtoyou srl has no control over external websites. We are therefore not liable 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 cannot therefore be held liable for any subsequent damage.
4. Intellectual property
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 exploitation of the content, trademarks and services offered by the Platform, in whole or in part, by any process whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited, with the exception of those 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. Except with prior written consent, Users are not authorised to modify, reproduce, translate, distribute, sell or communicate to the public the protected elements, in whole or in part.
The User is prohibited from introducing data on the Platform that
would modify or be likely to modify its content or appearance.
5. Protection of personal data
The personal data provided by the User when visiting or using the Platform are collected and processed by Comtoyou srl exclusively for internal purposes. Comtoyou srl 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 clearly and transparently on this point.
Comtoyou srl undertakes to comply with the applicable legislation on the matter, 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. Applicable law and jurisdiction
The present GTCU are governed by Belgian law. In the event of a dispute and in the absence of an amicable agreement, the dispute shall be brought before the courts of the judicial district where Comtoyou srl has its registered office.
7. General Provisions
Comtoyou srl reserves the right to modify, extend, delete, limit or interrupt the Platform and the associated services at any time, without prior notice, and without incurring any liability.
In case of violation of the GTCU by the User, Comtoyou srl reserves the right to take appropriate measures of sanction and redress. In particular, Comtoyou srl reserves the right to deny the User any access to the Platform or to our services temporarily or permanently. These measures may be taken without giving any reason and without prior notice. Comtoyou srl cannot be held responsible for them or give rise to any form of compensation.
The illegality or the total or partial invalidity of a provision of our GTCU shall not affect 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 GTCS express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his/her order will not be validated. In exceptional cases, the provisions of the GTCS may be waived insofar as such waivers have been agreed in writing. Such exemptions 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 GTCS.
Comtoyou srl reserves the right to modify the GTCS from time to time. The
modifications will be applicable as soon as they are published online for all purchases made after that date.
2. Online store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having any contractual value. The products or services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Seller shall not be held liable. The products and services are offered within the limits of their availability. Prices and taxes are specified in the online store.
3. Prices
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 shall apply, subject to availability on that date. The prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced as a supplement before the order is validated by the Customer. 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 has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the Customer accepts the price and the description of the products or services. In order for the order to be validated, the Customer must accept these GTCS by clicking in the indicated area. The Customer must provide a valid e-mail address, billing information and, if applicable, a valid 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 confirm 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 with the Customer’s account until the problem is resolved.
5. Confirmation and payment of the order
The Seller retains ownership of the items ordered until full payment of the order is 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 to the Seller that he/she has the necessary authorisations to use this method of payment and acknowledges that the information given to this effect is proof of his/her consent to the sale as well as to the payability of the sums due in respect of the order.
The Seller has put in place a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by requesting the Customer to provide identification data. In the event of refusal to authorise payment by credit card by the accredited organisations 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 paid in full or in part for a previous order
or with whom a payment dispute is in progress.
b. Confirmation
As soon as the Seller receives the confirmation of the purchase and the payment, it will send the Customer an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to another address than the delivery address by sending a request to this effect to the customer service department (see contact details below) before the delivery.
If a service or product is unavailable, the Seller will inform the Customer by e-mail as soon as possible in order to replace it or to cancel the order for this product and possibly to reimburse the related price, the rest of the order remaining firm and definitive.
6. Proof
Communications, orders and payments between the Customer and the Seller may be proven by means of computerised records kept in the Seller’s computer systems under reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium considered, among others, 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. Any additional costs arising from incomplete or erroneous information provided by the Customer shall 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: express delivery:24 hours; standard delivery: 48h
Delivery times are 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 order, the sales contract may be cancelled and the Customer reimbursed.
a. Verification of the order
On receipt of the products, the Customer or the recipient shall check the good condition of the product delivered or the conformity of the service provided. In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller. The verification shall be deemed to have been carried out as soon as the Customer or a
person authorised by him/her has received the order without expressing any reservations. Any reservations 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 Seller from any liability towards the Customer.
b. Delivery error
In the event of a delivery error or non-conformity of the products in relation to the indications on the order form, the Customer shall inform the Seller within three working days following the date of delivery.
Any complaint not made within the time limit set shall not be taken into account and shall release the Seller from any liability towards the Customer.
c. Returns and Exchanges
The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, as follows: Product returned by post within 30 days from the date of delivery of the order, to the following address: Customer Service – Comtoyou, Chaussée de Bruxelles 463, 1410 Waterloo
Any claim or return not made in accordance with the above rules and within the time limit set shall not be taken into account and shall release the Seller from any liability towards 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 product is at the Customer’s expense.
8. Warranties
The Seller warrants the conformity of the products or services to the contract
in accordance with the law in force at the time of the conclusion of the contract.
a. If the Customer is a consumer, he/she has a period of two years from the delivery of the product to avail himself/herself of the statutory warranty of conformity.
However, if the product purchased was a second-hand item, the warranty period is one year. The lack of conformity must be reported to the Seller as soon as possible and, in any case, no later than two months after the discovery of the defect.
9. Right of withdrawal
If the Customer is a consumer, he/she may exercise his/her legal right of withdrawal within 14 working days following the delivery of the goods or the conclusion of the service contract. After having communicated his/her decision to withdraw, the Customer has 14 days to return or restitute the goods.
Any withdrawal not made in accordance with the rules and time limits defined in this article shall not be taken into account and shall release the Seller 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 shall remain at the Customer’s expense.
The return or exchange of the product may only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in saleable condition.
The Seller shall reimburse the Customer for the totality of the sums paid, including the delivery costs, within 14 days of the recovery of the goods or the transmission of proof of dispatch of these 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 be delivered as soon as possible.
Withdrawal form template
To the attention of:
Comtoyou srl
Chaussée de Bruxelles 463 – 1410 Waterloo
Company N° (BCE/VAT): BE0879.824.741
E-mail: sales@comtoyou.com
Telephone: +32 2 351 20 44
I/We () hereby notify you () of my/our () wish to withdraw from the contract relating to the sale of the merchandise ()/to the service (*) below
:
Ordered on ()/received on () : _
Name of the consumer(s) : _
Address of the consumer(s) : __
Signature of the consumer(s) (only in the event of notification of
this form in paper format):
Date: __
- Delete as relevant
10. Data protection
The Seller shall keep in its computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice.
The Seller guarantees its Customer the protection of the latter’s personal data in accordance with the Privacy Policy available on the Platform.
11. Force majeure
If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond its control, this shall be deemed to be force majeure.
In the event of force majeure, the Seller shall be entitled to suspend the execution 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, either party
to the agreement shall be entitled to unilaterally terminate the agreement by registered letter to the other party. The services already performed by the Seller shall nevertheless be invoiced to the Customer proportionally.
12. Independence of clauses
The illegality or invalidity of any provision of these GTCS shall not affect the validity and enforceability of the remaining provisions. The Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.
13. Applicable law and jurisdiction
These GTCS are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute shall be brought before the courts of the judicial district of the Seller’s registered office.