Terms and Conditions of Sale
Terms and Conditions of Sale
Last update on April 04, 2021
Welcome and thank you for your trust. You will find below the General Terms and Conditions of Sale applicable to the GKL Group website. Please note that GKL Group provides its Customers and Users of its website with a customer service that can be contacted as follows:
By phone: +32 478568601
from 10 a.m. to 5 p.m. from Monday to Friday Belgian time.
By email at the following address: info@suami.eu
By mail at the following address Chaussée de Neerstalle 109 in 1190 Brussels.
1. DEFINITIONS
Capitalized terms refer to the following definitions:
The "Company" refers to the GKL Group, whose registered office is located in BRUSSELS, registered with the Registre du Commerce et des Sociétés (Trade and Companies Register), registered with the Carrefour Bank under company number 0721.891.123 and VAT number BE0721.891.123.
The "Site" refers to the Internet site(s) accessible from the URL link https://suami.eu/ and all sites published by the Company to present and sell its Products.
The "User" refers to any person browsing the Site.
The "Product" refers to any type of material product sold online on the Site, including menstrual panties, sculpting lingerie and beauty accessories and others.
The "Order" refers to any purchase of a Product by the Customer from the Company via the Site.
The "Customer" refers to the individual or legal entity, professional or not, purchasing a Product from the Company on the Site.
General Sales Conditions" or "GSC" means these general sales conditions, applicable to the contractual relationship between the Company and its Clients, which include the privacy policy that may be available on the Site and any element of the Site to which they expressly refer.
Identifiers" means the user name and password provided by the Company to the Client so that it can access, via the Site, its personal space. -
Partner" means any professional partner with whom the Company has a business relationship or to whom the Company may call in connection with the sale of a Product and to whom the Client may be referred in connection with his Order.
2.1. Purpose. These T&Cs govern the sale of any Product to a User on the Site, which includes the terms of use of the Site provided by the Company.
2.2 Capacity. Any use of the Site to place an Order implies acceptance of and compliance with all the terms of these GTC. The Customer declares that he/she is of legal age and has the capacity to enter into a contract under the law of his/her country or represents, by virtue of a valid mandate, the person for whom he/she is placing the Order.
2.3. Access to the GTC. The GTC are accessible at any time on the Site and prevail, if necessary, over any other version, previous or future. They take effect from the date of their update indicated at the top of the present document. The GTC apply to the exclusion of all other conditions, and in particular those applicable to sales through other distribution and marketing channels of the Products.
2.4. Acceptance of the GTC. The Customer declares that he/she has read and accepted the General Terms and Conditions of Sale before placing an Order, which implies unreserved acceptance of these General Terms and Conditions of Sale.
By accepting, the Customer acknowledges that, prior to placing any Order, the Customer has received sufficient information and advice from the Company on the Web site, enabling the Customer to ensure that the content of the Order meets the Customer's needs. These GTC constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.
Unless proven otherwise, the data recorded by the Site shall constitute proof of all facts, acceptance and transactions.
2.5. Scope of the GTC. The Customer may request a copy of the version of the GTC applicable to its Order at any time. No specific terms and conditions may be added to and/or substituted for these General Terms and Conditions at the Customer's initiative. The Company reserves the right to provide special conditions for the sale of certain Products, special offers, special warranties, etc., which shall be provided to the Customer prior to the Order. The fact that the Company, at any given time and for any reason whatsoever, does not avail itself of a breach by the Client of any of the obligations contained herein, shall not be construed as a waiver of its right to do so in the future.
3. CHARACTERISTICS OF THE PRODUCTS
The Customer may refer to the presentation of the Product on the Site, which is summarized on the Order page and in the confirmation e-mail. The Customer is expressly informed that all Product offers are subject to change. Only the Product described in the Order is due to the Customer.
The Products governed by the T&Cs are described and presented with the greatest possible accuracy. However, the Company shall not be held liable for any errors or omissions in this presentation, unless such errors or omissions constitute a substantial part of the Product in question. The Product purchased by the Client is supplied in its version up to date at the date of purchase.
4. ORDER
4.1. Majority. The Client guarantees the Company that he/she is of legal age and that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the Order.
4.2 Ordering on the Site. After selecting the Product he/she wishes to purchase on the Site, the User is directed to an order page on which he/she enters his/her personal details (surname, first name, e-mail, postal address, telephone number) and, where applicable, all the information and details necessary and accurate to enable delivery of the Product and invoicing of the Order. The User shall select the payment methods (single or multiple payments, payment method) according to the possibilities offered by the Company.
4.3. Verification of information. The Client is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. The Client shall not hold the Company liable for any failure resulting from the inaccuracy or falsity of the information provided at the time of the order, which will be used to deliver the Product. The Customer must ensure that he/she will be able to receive the parcel at the address provided, according to the delivery times indicated at the time of the Order.
4.5. Payment obligation. Any Order received by the Company shall be deemed firm and final, and shall entail full acceptance of these General Terms and Conditions of Sale and the obligation to pay for any Product ordered.
4.6. Electronic signature The provision of the Customer's bank details online and the final validation of the order shall constitute proof of the Customer's agreement and shall constitute :
- Due and payable amounts for the Order;
- The User is informed that the Site may require access to other sites, designed and managed under the responsibility of third parties. The Company has no control over the content of these sites and declines all responsibility for their content and the use made by any third party of the information contained therein. This clause applies to all content of the Partners.
If a third party site directs its users to the Site, the Company reserves the right to request the deletion of the hyperlink pointing to the Site if it considers that this link is not in accordance with its rights and legitimate interests.
13. FORCE MAJEURE OR FORTUITOUS EVENT
The performance of the Company's obligations hereunder shall be suspended in the event of a fortuitous event or force majeure that would prevent its performance. Such suspension may relate to all or part of the Order. In this case, the Company shall notify the Client of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a permanent impediment shall give rise to a refund. If the permanent impediment is partial, only a partial refund will be granted.
Under the conditions provided for by law, Customers expressly agree that they may not invoke a case of force majeure to postpone payment (of an invoice, for example) of a Product or refuse delivery of an Order placed.
The following are considered to be cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of the courts and tribunals, and without this list being restrictive: strikes or labor disputes internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transportation of any kind, or any other circumstance beyond the reasonable control of the Company.
The Company shall not be liable for any difficulties encountered by the User or the Client in accessing the Site due to technical or software failure or any other cause beyond its control. The Client acknowledges that he/she is aware of the technical hazards inherent to the Internet and the mobile network and the malfunctions that may result. Consequently, the Company shall not be held responsible for any unavailability, slowdowns or failures of the Internet network or any computer solutions, except in the case of proven negligence on its part.
14. INTELLECTUAL PROPERTY
The Company or its Partners own all intellectual property rights relating to the Site and the Products. The intellectual property rights include but are not limited to all content, text, images, videos, graphics, logos, icons, sounds and software on the Site and/or the Products.
Access to the Site and/or the purchase of a Product does not confer any right to the User or the Customer on the intellectual property rights relating to the Site and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site or the Products in violation of the rights of the holders of intellectual property rights over the latter.
Any exploitation not previously authorized by the Company or its Partners, in any capacity whatsoever, of all or part of the Site or the Products may be subject to any appropriate action, including but not limited to, termination of access to the Site or infringement proceedings.
All distinctive signs used by the Company are protected by law and any unauthorized use by the Company may result in legal action.
The non-respect of the intellectual property of the Company or its Partners will be analysed as a serious fault of the User or Client causing prejudice to the Company which reserves the possibility, in this case, to ask for any damages.
15. CUSTOMER REFERENCES AND COMMUNICATION
15.1 Customer reference. The Client may be asked by the Company to be named as a purchaser of a Product. With the Client's consent, the Company may be authorized to mention the Client's name, the opinion it has given to the Company on the Product and an objective description of the nature of the Product sold to it in its reference lists and proposals to its prospects and customers, in particular on the Site, for promotional and advertising purposes, in interviews with third parties, in communications to its personnel, in internal management planning documents, and in the event of legal, regulatory or accounting provisions requiring it.
15.2. Operating Authorization. When the Client sends writings, videos and/or photographs to the Company to give its opinion or testify on the Product supplied by the Company, and if necessary makes comments or publications concerning the Company (for example, on its social networks), to which its identifier and profile photo are attached, then the Client authorizes the Company to exploit this content for the promotion of its commercial activities. The contents may be protected by image rights and/or copyright, and in this case, the Client grants the Company the right to adapt them (in form) and reproduce them on any medium, in particular by presenting them as a commercial reference and/or as a notice. For example, the Company may take screenshots of publications on social networks concerning it or the Product delivered to the Client, and reproduce them on the Site as a notice.
The Client acknowledges that it is fully entitled to its rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Client concerned, plus 70 years, and for the whole world. The Company reserves the right to submit to the Client any other request for authorization to take photographs and transfer rights, for all cases not provided for herein or on an ad hoc basis.
15.3. Event. The provisions of the preceding paragraph apply in the same way to videos and photographs taken during any type of event (public, reserved for clients, etc.) organized or co-organized by the Company. The captures may be recorded and published by the Company, including on social networks. If the Client does not wish to appear on a possible publication of the images, he/she will be asked to stand at the back of the room, not to take part in group photos, not to make a sign to the photographer / cameraman in whose field he/she could be placed.
16. EVOLUTION OF THE GENERAL CONDITIONS
The Company reserves the right to modify the terms, conditions and mentions of the GTC at any time and without notice in order to adapt them to the evolution of the Site or the evolution of its offers. The applicable conditions are those accepted by the Customer and sent to the Customer in case of distance selling by any means of communication on a durable medium.
Any changes to the General Terms and Conditions of Sale made by the Company shall not apply to Orders already placed, except for those clauses related to technical developments on the Web site, and as long as said changes do not entail any price increases or alterations to the quality or characteristics of the Products to which the non-professional or consumer Client has subscribed.
The Customer may also be asked to accept the modified GTCs and, failing that, the last GTCs that were accepted shall continue to apply until the Product is actually delivered. If the Company is unable to continue the performance of the Contract under the previous conditions, the Customer has the right to request termination and refund.
17. RESPONSIBILITY
17.1. Liability of Users and Clients
The User or Customer is solely responsible for the interpretation of the information provided in the contents of the Products, for the advice he/she deduces or is provided with and for the adaptations made for his/her own activities. The use of the information is at the sole responsibility and risk of the Customer, which the Customer expressly accepts.
When the Product is delivered with an instruction manual or any other user guide, including by reference to a URL link, the Customer undertakes to read it and use the Product in accordance with the recommendations provided.
In the exchange spaces, the Customer assumes, as a publisher, the responsibility for the communication of information to the public and the editorial responsibility of all its communication, physical and online, including but not limited to its site(s), blogs, pages and accounts on social networks. The Customer is solely responsible for the quality, legality and relevance of the data and content it transmits to the public.
17.2. Limitation of liability for professional customers
Regardless of the type of Product ordered by the Professional Customer, the Company's liability is expressly limited to compensation for direct damages proven by the Professional Customer. Under no circumstances shall the Company be liable for indirect damages such as loss of data, file(s), operating loss, commercial loss, loss of earnings, damage to the image and reputation of the Professional Client.
In the same way, the Company cannot be held responsible for direct and indirect damage caused to the User's equipment when accessing the Site, and resulting either from the use of equipment that does not meet the conditions provided for, or from the appearance of a bug or an incompatibility.
IN ANY CASE, THE RESPONSIBILITY OF THE COMPANY IS LIMITED WITH REGARD TO THE PROFESSIONALS TO THE AMOUNT OF THE PRICE PAID NET OF TAX BY THE CUSTOMER IN RETURN FOR THE SUPPLY OF THE PRODUCT WITHIN THE FRAMEWORK OF WHICH THE LITIGATION IS REGISTERED. THIS AMOUNT IS UNDERSTOOD TO BE THE MAXIMUM AMOUNT THAT THE COMPANY COULD BE REQUIRED TO PAY AS COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, REGARDLESS OF THE ALLEGED CAUSES OF DAMAGE AND THE LEGAL GROUNDS USED, UNLESS THE LAW OR CASE LAW PRECLUDES IT.
18. GENERAL
The T&Cs and all purchase and sale transactions referred to therein are governed by French law. The GTC and the Site are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
In the event that a clause of the GTC is found to be null and void, inapplicable, unenforceable or of no effect, it shall not entail the nullity of the GTC and the validity of the other provisions shall not be affected.
The temporary or permanent inapplication of one or more clauses by the Company shall not constitute a waiver of the other clauses of these GTC, which shall continue to have effect.
The Client agrees that the Company may assign this agreement to its affiliates or to a purchaser without the Client's prior consent, provided that such assignment is not likely to result in a diminution of the rights of the Client.
19. DISPUTES
19.1. Amicable resolution. In the event of a dispute, the Customer shall first contact the Company to try to find an amicable solution.
19.2 Mediation.
In the event of difficulty in the performance of the Contract, the Customer, a consumer residing in Europe, may, before taking any legal action, request the assistance of a consumer mediator identifiable on the website: https://mediationconsommateur.be/fr
The mediator will try, in all independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse the recourse to mediation as well as, in case of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can refer to the Online Dispute Resolution Platform (ODR) accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
19.3. Dispute between professionals. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY RELATING TO THE ORDER, INTERPRETATION, EXECUTION AND/OR TERMINATION OF THE CONTRACT, THE COURTS IN THE CITY OF BRUSSELS SHALL HAVE EXCLUSIVE JURISDICTION, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE PROCEDURES BY WAY OF SUMMARY PROCEEDINGS OR APPLICATION.
