Terms of service
GENERAL TERMS AND CONDITIONS
Last updated on 22 January 2022
Website:
squote.be, squote.shop, squote.myshopify.com
(hereinafter the "Platform")
is an initiative of:
Squote
Roemestraat 9
B3620
Lanaken
Company number (KBO number): BE0774920924
E-mail: info@squote.be
By phone: +32 478 21 06 45
(hereinafter "we" or "Squote" or the "Seller")
GENERAL TERMS AND CONDITIONS OF USE
1. Scope
These General Terms of Use apply to any visit or use of the Platform by an internet user (hereinafter referred to as the "User").
By visiting or using the Platform, the User acknowledges that he/she has read these General Terms of Use and expressly accepts the rights and obligations contained therein.
By way of exception, the provisions of the General Terms of Use may be waived by written agreement. Such waivers may consist of the modification, addition or deletion of the provisions to which they relate and shall not affect the application of the remaining provisions of the General Terms of Use.
We reserve the right to modify our General Terms and Conditions of Use at any time and without prior notice, but we undertake to apply to a User the provisions in force at the time the User used the Platform.
2. Platform
Accessibility and navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of operation and our actions should therefore be considered as being covered by a means commitment.
Any use of the Platform is always at the User's own risk. We are therefore not liable for damages that may result from any malfunctions, interruptions, defects or even harmful elements on the Platform.
We reserve the right to restrict access to the Platform or interrupt its operation at any time, without prior notice.
Content
Squote largely determines the content of the Platform and takes great care with 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 remove the Platform and its content at any time, without incurring any liability to do so.
Squote cannot provide an absolute guarantee regarding the quality of the information on the Platform. As a result, such information may not always be complete, accurate, sufficiently accurate or current. Consequently, Squote cannot be held liable for any damage, direct or indirect, that the User may suffer as a result of the information provided on the Platform.
If certain content on the Platform is in violation of the law or the rights of third parties or is contrary to good morals, we ask each User to inform us by email as soon as possible so that we can take appropriate measures.
Any download from the Platform is always at the User's own risk. Squote is not liable for any damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the sole and exclusive responsibility of the User.
Contact published by the User.
The User undertakes to comply with all current and applicable laws (including, but not limited to, privacy and copyright laws) through each of its publications on the Platform. The User will pay particular attention to the interests of third parties, offensive content and content that may be contrary to public order or morality. The User remains responsible for any content published on the Platform.
The Platform may exercise moderation in any publication and refuse to publish the content online without giving reasons. Similarly, the content published by a User may be modified or removed without any reason or deadline.
By publishing on the Platform, the User grants to Squote, free of charge and on a non-exclusive basis, the right to represent, reproduce, edit, adapt, modify, delete, distribute and disseminate the published content, directly or indirectly, in any medium and throughout the world.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between Squote and the external website or even that there is an implied agreement with the content of such external websites.
Squote has no control over such external third party websites.
We are therefore not responsible for the safe and proper functioning of the hyperlinks and their final destination. Once the user clicks on the hyperlink, he/she leaves the Platform. We can therefore not be held liable for any further damage.
4. Intellectual property
The structure of the Platform, as well as the content, texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. from which the Platform is composed or which are accessible through the Platform, are the property of Squote or Squote has obtained the necessary rights, and as such are protected by the current and applicable legislation on intellectual property.
Any representation, reproduction, adaptation or partial or full exploitation of the content, brands and services offered by the Platform, by any means, without the prior, express and written consent of Squote, is strictly prohibited, except for elements expressly designated as "royalty-free" 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 writing in advance, the User is not allowed to modify, reproduce, translate, distribute, sell or communicate to the public the protected elements in whole or in part.
The User is prohibited from entering data on the Platform that would or could alter the content or appearance of the Platform.
5. Protection of personal data
We assure Users that we attach the greatest importance to the protection of their privacy and personal data, and that we always strive to communicate clearly and transparently in this regard.
Personal data provided by the User during their visit or use of the Platform will be collected and processed by Squote for internal purposes only.
Squote undertakes to comply with the applicable legislation in this area, in particular the Regulation (EU) 2016/679 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 "General Data Protection Regulation" or "GDPR") and the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data.
The User's personal data is processed in accordance with the Privacy Policy available on the Platform.
6. Applicable law and competent jurisdiction
These General Terms of Use are governed by Belgian law.
In case of dispute and failing an amicable solution between the parties, the dispute shall be brought before the courts of the judicial district where Squote has its registered office.
7. Other provisions
Squote reserves the right to modify, extend, remove, limit or interrupt the Platform and associated services at any time, without notice and without liability.
In the event of a breach of the Terms of Use by the User, Squote reserves the right to take appropriate sanctions and compensatory measures. Squote reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without reason and without prior notice. They cannot involve the liability of Squote or give rise to any form of compensation.
The illegality or complete or partial invalidity of any provision of our Terms of Use shall not affect the validity and application of the other provisions. In such a case, we shall have the right to replace the provision by another valid provision serving the same purpose.
GENERAL TERMS AND CONDITIONS OF SALE
1. Scope
These General Terms of Sale define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (who, for the purposes of the General Terms of Sale, is hereinafter referred to as "Customer").
The General Conditions of Sale express all the obligations of the parties. The Customer is deemed to accept them without reservation, failing which their order will not be validated.
Exceptions to the provisions of the General Conditions of Sale may be made in exceptional cases, provided that these exceptions are agreed upon in writing. Such exceptions may consist of modifying, adding or deleting the provisions to which they relate and shall not affect the application of the other provisions of the General Terms and Conditions of Sale.
Squote reserves the right to amend the Terms and Conditions of Sale from time to time. The changes will apply as soon as they are posted online for any purchase after that date.
2. Online store
Through the Platform, the Seller makes available to the Customer an online shop that presents the products or services offered. The presentation of the products or services offered (e.g. through photographs) has no contractual value.
The products or services are described and presented with the greatest possible accuracy. In case of errors or omissions in the presentation, however, the Seller cannot be held liable for this.
The products and services are offered within the limits of their availability.
The prices and taxes are listed in the online store.
3. Price
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 moreover indicated and invoiced 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 the final validation of the order.
4. Online ordering
The Customer has the option of completing an order online using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
To validate his order, the Customer must accept these General Conditions of Sale by clicking on the indicated place.
The Customer must provide a valid email address, billing information and, if applicable, a valid delivery address. Any communication with the Seller can be done through this email 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, incorrect address or any other problem on the part of the Customer until the problem is resolved.
5. Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order has been received.
Payment
The Customer shall make payment at the time of final validation of the order using the chosen payment method. This validation applies in place of a signature.
The Customer guarantees the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information provided for this purpose constitutes proof of his agreement to the sale and payment of the amounts due in connection with the order.
The Vendor has established a procedure for checking orders and means of payment in order to reasonably guarantee it against any fraudulent use of a means of payment, including by requesting identification details from the Customer.
In case of refusal of authorization to pay by credit card by accredited organizations or in case 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 completed a previous order, or only partially, or with whom a payment dispute is pending.
Confirmation
Upon receipt of the validation of the purchase with payment, the Seller will send the purchase to the Customer, as well as an invoice, unless the latter is provided with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by making a request to this effect to customer services prior to delivery (see contact details below).
In the event of unavailability of a service or product, the Vendor will inform the Customer by email as soon as possible in order to replace or cancel the order of this product and possibly refund the price in question, the rest of the order remaining firm and final.
6. Proof
The communications, orders and payments between the Customer and the Seller may be proved by means of computerized records, which are kept in the computer systems of the Seller under reasonable security conditions.
Orders and invoices shall be archived on a reliable and durable medium which shall be considered as evidence in particular.
7. Delivery
Delivery shall only take place following confirmation of payment by the Vendor's bank.
Products shall be delivered to the address indicated by the Customer on the online order form. Additional costs resulting from incomplete or incorrect information provided by the Customer will be charged to the Customer.
Delivery will take place, according to the method chosen by the Customer, within the following time frames:
Delivery between one week and two weeks after confirmation of the order.
The delivery periods are indicative. In case of late delivery, no compensation can be claimed from the Seller or the carrier.
Inspection of the order
Upon receipt of the products, the Customer or recipient shall verify 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 formulate 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 once the Customer or a person authorized by him has accepted the order without reservation.
Any reservation that is not made according to the rules defined above and within the time limits set cannot be taken into account and relieves the Seller of any liability to the Customer.
Delivery error
In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer shall notify the Seller within three working days of the delivery date.
Any complaint not made within the time limit cannot be taken into consideration and relieves the Seller of any liability to the Customer
8. Guarantees
The Vendor guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time of conclusion of the contract.
If the Customer is a consumer, he has two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the product purchased was a second-hand good, the warranty period is one year.
The lack of conformity must be made as soon as possible and in any case no later than two months after the discovery of the sale
9. Right of withdrawal
This article only applies insofar as the Customer is a consumer. If that is the case, the Customer may exercise his legal right of withdrawal and dissolve the contract within 14 working days after the delivery (taking possession) of the goods or within 14 days after the conclusion of the service contract. This 14 working days does not include custom orders.
Return and refund
After notification of his decision to revoke, the Customer has 14 days to return or return the goods.
The Customer may request a refund of the returned product at no additional cost. However, the cost of return shipment remains the responsibility of the Customer.
The return or exchange of the product can only be accepted for the products if they are still complete, intact and in their original condition, in particular with complete, intact packaging and in a state of resale.
The Vendor will refund the Customer all amounts paid, including delivery costs, within 14 days of the return of the goods or the sending of the proof of shipment of the goods.
Exceptions to the right of withdrawal
Any revocation that is not carried out in accordance with the rules and deadlines of this article and the applicable legislation cannot be taken into account and relieves the Seller of any liability to the Customer.
If the order relates, in whole or in part, to the delivery of digital content not delivered on a tangible medium, the Customer expressly agrees that the contract may be executed immediately. The Customer hereby acknowledges that he or she loses the right of withdrawal if the contract is executed immediately.
Template form of withdrawal
For the attention of:
Squote
Roemerstraat 9
B3620
Lanaken
Company number (KBO/BTW): BE0774920924
E-mail: info@squote.be
Phone number: +32 478 21 06 45
I/We (*) hereby inform you (*) of my/our (*) withdrawal from the agreement concerning the good (*)/the provision of the service mentioned below:
________________________________
________________________________
________________________________
Ordered on (*)/received on (*): __________
Name(s) of consumer(s): __________
Address(es) of consumer(s): __________
Signature of consumer(s) (only if this form is completed on paper):
____________________
Date: __________
* Strike out what does not apply
10. Data protection
The Seller shall keep in its computer systems and under reasonable security conditions the evidence of the transaction, including the purchase order and the invoice.
The Seller guarantees its Customer the protection of its personal data in accordance with the Privacy Policy available on the Platform.
11. Force majeure
If the Seller is totally or partially prevented from fulfilling the order by an unforeseeable circumstance beyond its control, this is called force majeure.
In the event of force majeure, the Seller is entitled to suspend execution of the order in whole or in part for the duration of the force majeure. The Seller will immediately inform the Customer of this.
If the force majeure continues for more than 90 days without interruption, each of the parties has the right to unilaterally terminate the contract, this is done by email. The services already performed by the Seller shall nevertheless be invoiced to the Customer on a pro rata basis.
12. Independence of provisions
If one or more provisions of these General Conditions of Sale are declared unlawful or null and void, the other provisions shall remain in full force.
The illegality or the total or partial invalidity of any provision of these General Conditions of Sale shall not affect the validity and the application of the other provisions.
The Vendor reserves the right to replace the unlawful or invalid provision with another valid provision of equal purpose.
13. Applicable law and competent court
These General Conditions for Sale are governed by Belgian law.
In the event of a dispute and failing an amicable solution, the dispute shall be submitted to the courts of the judicial district of the Seller's registered office.
14. Custom order
Custom orders refer to any product or design that is specially created or personalized based on the customer's specific requirements.
- Quality and Refunds: We strive to deliver custom orders of the highest quality that meet the customer's expectations. However, please note that due to the unique nature of custom designs, refunds will not be possible solely based on subjective dissatisfaction with the design. It is the customer's responsibility to provide clear and detailed specifications during the order process to ensure satisfactory results.
- Testing and Test Batch: If the customer requires an assurance of the design's quality before proceeding with a full custom order, they may request a test batch. The test batch will incur an additional cost, which will be calculated based on the complexity and materials involved. This test batch allows the customer to evaluate the design and request any necessary adjustments or modifications before placing the final order.
- Communication and Approvals: Effective communication is crucial for successful custom orders. We will collaborate closely with the customer during the design process, seeking their feedback and approval at various stages. Once the customer provides final approval for the design, changes may not be possible, and any subsequent modifications may incur additional charges.
- Delivery Date Disclaimer: While we strive to send the customer an estimated delivery date for their custom order, please understand that delivery timelines are subject to change based on factors beyond our control, such as availability of materials, unforeseen production challenges, shipping delays, or other circumstances related to the custom nature of the order.
- Cancellation: Custom orders cannot be canceled once production has commenced. In the event of a cancellation request before production begins, any costs incurred up to that point will be the customer's responsibility.
- Intellectual Property: Customers must ensure that they have the right to use any logos, trademarks, or copyrighted materials included in their custom designs. By placing a custom order, the customer affirms that they have obtained all necessary permissions and licenses. We reserve the right to decline orders that may violate intellectual property rights.
- Copyright and Ownership: Unless otherwise agreed upon in writing, all intellectual property rights, including copyrights and ownership of custom designs created by us for the customer's order, shall remain with our company. The customer may not reproduce, resell, or use the custom design for any commercial purposes without obtaining express written permission from us.
- Pictures and Promotional Use: The customer grants us permission to use pictures of the completed custom order for promotional purposes, including but not limited to our website, social media platforms, marketing materials, and advertising campaigns. However, we respect our customers' privacy, and if the customer prefers not to have their custom order featured in our promotional material, they must notify us in writing at the time of placing the order.
- Liability: While we make every effort to deliver high-quality custom products, we cannot be held liable for any damages, losses, or expenses resulting from the use or misuse of the custom order.
- Approval of Terms: Placing a custom order indicates that the customer has read, understood, and agrees to abide by these terms and conditions.