General terms and conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
Last updated on 3 January 2022
The website:
www.studiofx.be (hereinafter the "Platform")
is an initiative of:
Studio Fx bv
Lange Zandstraat 10
2800 Mechelen
Company number (KBO number) BE0476.205.464
E-mail: [email protected]
Phone number: +32495647443
(hereinafter "we" or "Studio Fx bv" or the "Vendor")
I. GENERAL TERMS AND CONDITIONS OF USE
1. Scope
These General Terms and Conditions of Use apply to any visit to or use of the Platform by an internet user (hereinafter referred to as the "User").
By accessing 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 amendment, 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 amend 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
a. Accessibility and navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer an absolute guarantee of operation, and our actions must therefore be considered as being covered by a resources 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.
b. Content
Studio Fx bv 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 incurring any liability.
Studio Fx bv cannot offer an absolute guarantee regarding the quality of the information on the Platform. As a result, it is possible that this information is not always complete, accurate or current. Consequently, Studio Fx bv cannot be held liable for any loss, directly or indirectly, that the User may suffer as a result of the information provided on the Platform.
If any 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. Studio Fx bv 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.
c. Services reserved for registered Users
1) Registration
Access to certain services is restricted to Users who have completed the registration process on the Platform.
Registration and access to the services of the Platform are reserved exclusively for legally qualified natural persons, after having completed and validated the registration form available online on the Platform and after having accepted these General Terms and Conditions of Use.
At the time of registration, the User agrees to provide accurate, complete and up-to-date information about themselves. The User must also regularly check the data relating to him/her in order to guarantee its accuracy.
The User must therefore provide a valid email address, to which the Platform will send them confirmation of their registration for our services. An email address cannot be used more than once to subscribe to the services.
Any communication from the Platform and its partners is therefore considered to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received at this email address and, if necessary, to reply within a reasonable period of time.
Only one registration per person is permitted.
The User will be allocated an identification code which will allow him/her to access a space reserved for him/her (hereinafter the "Personal Space"), subject to the entry of his/her password.
The username and password can be changed by the User online in his/her Personal Space.
The password is personal and confidential. The User undertakes not to disclose it to any third party.
Studio Fx bv reserves the right to refuse a request to register with the services of the Platform in the case of non-compliance with these General Terms and Conditions of Use by the User.
2) Unsubscribe
The User who is regularly registered can request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any deregistration from the Platform will be effective within a period of 12 months after the User has filled in the appropriate form.
d. Content published by the User
The User undertakes to comply with all current and applicable legislation (including, but not limited to, privacy and copyright legislation) through each of their 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 moderate any publication and refuse to publish the content online without giving reasons. Similarly, the content published by a User may be changed or removed without any reason or deadline.
By publishing on the Platform, the User grants Studio Fx bv the right, free of charge and on a non-exclusive basis, to represent, reproduce, adapt, modify, remove, distribute and disseminate the published content, directly or indirectly, on 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 Studio Fx bv and the external website or even that there is an implicit agreement with the content of these external websites.
Studio Fx bv has no control over such external third-party websites.
We are therefore not responsible for the safe and correct operation 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 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 Studio Fx bv or Studio Fx bv 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, in any way whatsoever, without the prior, express and written consent of Studio Fx bv is strictly prohibited, with the exception of elements expressly indicated as 'royalty-free' on the Platform.
The User of the Platform 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 any information on the Platform that would or could alter the content or appearance of the Platform.
5. Protection of personal data
We assure the 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.
The personal data provided by the User during their visit or use of the Platform will be collected and processed by Studio Fx bv exclusively for internal purposes. Studio Fx bv 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 natural persons 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 Act of 30 July 2018 on the protection of natural persons 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 and Conditions of Use are governed by Belgian law.
In the event of a dispute and in the absence of an amicable settlement between the parties, the dispute will be brought before the courts of the judicial district where Studio Fx bv has its registered office.
7. Other provisions
Studio Fx bv reserves the right to modify, extend, remove, limit or interrupt the Platform and the accompanying services at any time, without prior notice and without incurring any liability.
In the case of an infringement on the General Terms and Conditions of Use by the User, Studio Fx bv reserves the right to take appropriate sanctions and compensatory measures. Studio Fx bv reserves the right to deny the User access to the Platform or our services temporarily or permanently. These measures can be taken without giving reasons and without prior notification. They cannot entail the liability of Studio Fx bv nor give rise to any form of compensation.
The illegality or complete or partial invalidity of any provision of our General Terms and Conditions of Use will not affect the validity and application of the other provisions. In such a case, we shall be entitled to replace the provision by another valid provision serving the same purpose.
II. GENERAL CONDITIONS OF SALE
1. Scope
These General Conditions of Sale define the mutual rights and obligations in the case of the purchase of products or services on the Platform by a User (who, for the purposes of the General Conditions of Sale, is hereinafter referred to as "Customer").
The General Terms and Conditions of Sale express all of 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 these exceptions are agreed in writing. Such exceptions can consist of changing, adding or deleting the provisions to which they relate and will not affect the application of the other provisions of the General Terms and Conditions of Sale.
Studio Fx bv reserves the right to amend the General Conditions of Sale from time to time. The changes will be applicable as soon as they are put online for any purchase after that date.
2. Online shop
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. However, the Vendor cannot be held responsible for any errors or omissions in the presentation.
The products and services are offered within the limits of their availability.
The prices and taxes are listed in the online shop.
3. Price
The Vendor 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 account of any delivery costs, which are also indicated and invoiced before the order is validated by the Customer.
The total amount of the order (all taxes included) and, where applicable, the delivery costs are indicated before final validation of the order.
4. Online ordering
The Customer has the possibility 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 Terms and Conditions of Sale by clicking on the indicated place.
The Customer must provide a valid email address, billing details and, if applicable, a valid delivery address. Any communication with the Seller can be made via this e-mail address.
The Customer must also 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.
a. Payment
The Customer makes the payment at the time of the final validation of the order using the selected payment method. This validation applies in place of a signature.
The Customer warrants to the Vendor that he has the necessary authorisations to use this method of payment and acknowledges that the information provided for this purpose is proof of his agreement to the sale and payment of the sums due in respect of the order.
The Vendor has put in place a procedure for checking orders and means of payment in order to provide a reasonable guarantee against any fraudulent use of a means of payment, including requesting identification details from the Customer. In the event of refusal of authorisation to pay by credit card by accredited organisations or in the event of non-payment, the Vendor reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not fulfilled, or has only partially fulfilled, a previous order or who is the subject of a payment dispute.
b. Confirmation
Upon receipt of the validation of the purchase with payment, the Vendor shall send the purchase to the Customer, as well as an invoice, unless the latter is included 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 customer services before delivery (see contact details below).
In the event of the unavailability of a service or product, the Vendor shall inform the Customer as quickly as possible by e-mail in order to replace or cancel the order for this product and possibly refund the price involved, the remainder of the order remaining firm and final.
6. Proof
Communications, orders and payments between the Customer and the Vendor may be proved by means of computerised records, which are kept in the computer systems of the Vendor under reasonable security conditions.
Orders and invoices shall be archived on a reliable and durable medium which shall, in particular, be regarded as evidence.
7. Guarantees
The Seller guarantees the conformity of the products or services with the contract in accordance with the legislation applicable at the time of the conclusion of the contract.
8. Right of withdrawal
This article only applies if the Customer is a consumer. If this is the case, the customer can exercise his legal right of withdrawal and cancel the contract within 14 working days after delivery (taking possession) of the goods or within 14 days after conclusion of the service contract.
a. Exceptions to the right of withdrawal
Any withdrawal which is not made in accordance with the rules and time limits set out in this Article and the applicable legislation cannot be taken into consideration and shall relieve the Seller of any liability towards the Customer.
If the order relates, in whole or in part, to the delivery of digital content which is not supplied on a tangible medium, the Customer expressly agrees that the contract may be performed immediately. The Customer hereby acknowledges that he or she loses the right of withdrawal if the agreement is executed immediately.
If the order relates wholly or partly to the provision of services, the Customer expressly agrees that the Vendor can provide the services immediately. The Customer hereby acknowledges waiving his right of withdrawal as soon as the Seller has fully performed the contract.
b. Template form revocation
For the attention of:
Studio Fx bv
Lange Zandstraat 10
2800 Mechelen
Company number (KBO/BTW): BE0476.205.464
E-mail: [email protected]
Phone: +32495647443
I/We (*) hereby give notice to you (*) of my/our (*) withdrawal from the contract concerning the good (*)/service listed 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: __________
* Cross out what does not apply
9. Data protection
The Seller shall keep proof of the transaction, including the purchase order and the invoice, in its computer systems and under reasonable security conditions.
The Seller guarantees its Customer the protection of his personal data in accordance with the Privacy Policy available on the Platform.
10. Force majeure
If the Seller is prevented from fulfilling the order wholly or in part due to an unforeseen circumstance beyond its control, this is regarded as force majeure.
In case 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 inform the Customer of this immediately.
If the force majeure lasts for more than 90 days without interruption, each of the parties shall be entitled to terminate the contract unilaterally, by registered letter to the other party. The services already provided by the Seller shall nevertheless be invoiced to the Customer on a pro rata basis.
11. Independence of the provisions
If one or more provisions of these General Terms and Conditions of Sale are declared unlawful or null and void, the remaining provisions shall remain in full force and effect.
The illegality or the total or partial invalidity of any provision of these General Conditions for 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 similar purpose.
12. Applicable law and competent court
These General Terms and Conditions of Sale are governed by Belgian law.
In the event of a dispute and in the absence of an amicable settlement, the dispute shall be submitted to the courts of the judicial district where the Seller has its registered office.
