Updated on 2 July 2020
The website
(hereinafter referred to as the ‘Platform’)
is an initiative of:
Seiyu
Rue Denis Deceuster 46A
1330 Rixensart
Belgium
Company number (BCE/VAT): BE0555454563
Email: info@seiyu.be
Telephone: (0032)471073623
(hereinafter ‘Seiyu’ or the ‘Seller’)
I. TERMS AND CONDITIONS OF USE
1. Scope
These terms and conditions of use (hereinafter the ‘TCU’) apply to any visit 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 they have read these T&Cs and expressly accepts the rights and obligations mentioned therein.
Exceptions to the provisions of the T&Cs may be made by written agreement. Such derogations may consist of the modification, addition or deletion of the clauses to which they relate and shall have no impact on the application of the other provisions of the T&C.
We reserve the right to modify our T&C 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 navigation
We take all reasonable and necessary measures 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 being covered by an obligation of means.
Any use of the Platform is always at the User's own risk. We are therefore not liable for any damage that may result from possible malfunctions, interruptions, defects or 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
Seiyu largely determines the content of the Platform and takes great care with the information presented on it. We take all possible measures to keep our Platform as complete, accurate and up to date as possible, even when the information presented 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.
Seiyu cannot offer any absolute guarantee regarding the quality of the information on the Platform. It is therefore possible that this information may not always be complete, accurate, sufficiently precise or up to date. Consequently, Seiyu cannot be held liable for any direct or indirect damage that the User may suffer as a result of the information on the Platform.
If any content on the Platform violates the law or the rights of third parties, or is contrary to morality, please inform us as soon as possible by email so that we can take appropriate action.
Any downloads from the Platform are always at the User's own risk. Seiyu cannot be held liable for any direct or indirect damage resulting from such downloads, such as loss of data or damage to the User's computer system, which is entirely and exclusively the responsibility of the User
c. Services reserved for registered Users
1) Registration
Access to certain services is subject to the User's registration.
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 and these Terms of Use.
When registering, the User undertakes to provide accurate, truthful and up-to-date information about themselves and their civil status. The User must also regularly check their personal data to ensure that it remains accurate.
The User must therefore provide a valid email address, to which the Platform will send confirmation of their registration for its services. An email address cannot be used more than once 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, where applicable, to respond within a reasonable time.
Only one registration is permitted per individual.
The User is assigned a username allowing them to access a space reserved for them (hereinafter ‘Personal Space’), in addition to entering their password.
The username and password can be changed online by the User in their Personal Area. The password is personal and confidential, and the User undertakes not to disclose it to third parties.
Seiyu reserves the right to refuse any request to register for the Platform's services in the event of non-compliance by the User with the T&Cs.
2) Unsubscribing
Registered Users may unsubscribe at any time by visiting the dedicated page in their Personal Space. Any unsubscription from the Platform will take effect as soon as possible after the User has completed the form provided for this purpose.
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 Seiyu and the external website or even that there is an implicit agreement with the content of these external sites.
Seiyu has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. As soon as the User clicks on the hyperlink, they leave 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. that comprise it or are accessible via the Platform are the property of the publisher and are protected as such by the laws in force relating 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 authorisation of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights on the Platform.
Users of the Platform are 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, non-commercial purposes. Unless prior written consent has been obtained, Users are not authorised to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, any protected elements.
Users are prohibited from entering data on the Platform that would modify or be likely to modify its content or appearance.
5. Protection of personal data
Personal data provided by Users when visiting or using the Platform is collected and processed by Seiyu exclusively for internal purposes. Seiyu assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it is committed to communicating clearly and transparently on this point.
Seiyu undertakes to comply with the applicable legislation in this area, 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 competent jurisdiction
These Terms of Use are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where Seiyu has its registered office.
7. General provisions
Seiyu reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice and without incurring any liability.
In the event of a breach of the Terms of Use by the User, Seiyu reserves the right to take appropriate disciplinary and remedial measures. In particular, Seiyu reserves the right to deny the User access to the Platform or our services, either temporarily or permanently. These measures may be taken without giving any reason and without prior notice. They shall not give rise to any liability on the part of Seiyu or to any form of compensation.
The illegality or total or partial invalidity of any provision of our Terms and Conditions shall not affect the validity and enforceability of the other provisions. In such a case, we shall have the right to replace the provision with another valid provision of similar scope.
II. TERMS AND CONDITIONS OF SALE
1. Scope
These terms and conditions of sale (hereinafter the ‘T&Cs’) 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 T&Cs express the entirety 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 GTC may be made in exceptional cases, provided that such exceptions have been agreed in writing. These exceptions 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 GTC.
Seiyu reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are posted online for any purchase made after that date.
2. Online shop
Through the Platform, the Seller provides the Customer with an online shop 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 cannot be held liable for this.
Products and services are offered subject to availability.
Prices and taxes are specified in the online shop.
3. Prices
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 shall apply, subject to availability on that date.
Prices are indicated in euros and do not include any delivery costs, which are indicated and invoiced as an additional charge before the Customer confirms the order.
The total amount of the order (including all taxes) and, where applicable, delivery costs is indicated before final confirmation of the order form.
4. Online order
The Customer has the option of completing an online order form using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
In order for their order to be confirmed, the Customer must accept these GTC by clicking in the place indicated.
The Customer must provide a valid email address, billing details and, where applicable, a valid delivery address. Any communication with the Seller may take place via this email 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, an 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 remains the owner of the items ordered until full payment for the order has been received.
a. Payment
The Customer makes payment at the time of final confirmation of the order using the chosen payment method. This confirmation serves as a signature.
The Customer guarantees the Seller that they have the necessary authorisations to use this payment method and acknowledges that the information provided for this purpose constitutes proof of their consent to the sale and to the payment of the sums due for the order.
The Seller has put in place a procedure for verifying orders and means of payment in order to reasonably protect itself against any fraudulent use of a means of payment, including by requesting identification data from the Customer.
In the event of refusal of authorisation of payment by credit card by the accredited bodies 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 for a previous order in full or in part or with whom a payment dispute is ongoing.
b. Confirmation
Upon receipt of the purchase confirmation and payment, the Seller shall send it to the Customer, along with an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.
In the event of the unavailability of a service or product, the Seller shall inform the Customer by email as soon as possible in order to replace or cancel the order for this product and, where applicable, refund the relevant price, with the rest of the order remaining firm and final.
6. Proof
Communications, orders and payments between the Customer and the Seller may be proven by means of computerised records stored 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 form serving as the order form. Any additional costs arising from incomplete or incorrect information provided by the Customer will be invoiced to the Customer. For reasons of availability, an order may be subject to several successive deliveries to the Customer.
Delivery will take place, depending on the method chosen by the Customer, within the following time frames:
Standard delivery: 5 working days
Delivery times are given for information purposes only. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If delivery times exceed thirty days from the date of the order, the sales contract may be terminated and the Customer reimbursed.
a. Verification of the order
Upon receipt of the products, the Customer or the 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 make 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 once the Customer or a person authorised by them has received the order without making any reservations.
Any reservations not made in accordance with the rules defined above and within the specified time limits cannot be taken into account and will release the Seller from any liability towards the Customer.
b. Delivery error
In the event of a delivery error or non-compliance of the products with the information on the order form, the Customer shall inform the Seller within three working days of the delivery date.
Any complaint not made within the specified time limit cannot 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 in its entirety and in its original packaging, in accordance with the following terms and conditions:
Product to be returned within 15 days of receipt of the order by our customer
Any complaint or return not made in accordance with the rules defined above and within the specified time limits cannot be taken into account and will release the Seller from any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging. The return costs are the responsibility of the Customer.
8. Guarantees
The Seller guarantees that the products or services comply with the contract in accordance with the law in force at the time of its conclusion.
a. Guarantee of conformity
If the Customer is a consumer, they have a period of two years from the delivery of the product to implement the legal guarantee of conformity. However, if the product purchased was second-hand, the guarantee period is one year.
Any lack of conformity must be reported to the Seller as soon as possible and, in any event, no later than two months after it is discovered.
9. Right of withdrawal
If the Customer is a consumer, they may exercise their legal right of withdrawal within 14 working days of delivery of the goods or conclusion of the service contract.
After communicating their decision to withdraw, the Customer then has 14 days to return or hand back the goods.
Any withdrawal not made in accordance with the rules and deadlines defined in this article cannot be taken into account and will release the Seller from any liability towards the Customer.
The Customer may request a refund for the returned product, without penalty, except for the return costs, which remain at their expense.
The return or exchange of the product can only be accepted for products that are complete, intact and in their original condition, in particular with complete, intact and saleable packaging.
The Seller shall reimburse the Customer for all sums paid, including delivery costs, within 14 days of receiving the goods or proof of shipment of the goods.
If the order concerns, in whole or in part, digital content not provided on a physical medium, the Customer hereby agrees to waive their right of withdrawal for this digital content in order for it to be delivered as soon as possible.
Model withdrawal form
For the attention of:
Seiyu
Rue Denis Deceuster 49 A
1330 Rixensart
Belgium
Company number (BCE/VAT): BE 0555454563
Email: info@seiyu.be
Telephone: (0032)471073623
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
________________________________
________________________________
________________________________
Ordered on (*)/received on (*): __________
Name of consumer(s): __________
Address of consumer(s): __________
Signature of consumer(s) (only if this form is notified on paper):
____________________
Date: __________
* Delete as appropriate
10. Data protection
The Seller shall keep proof of the transaction, including the order form and invoice, in its computer systems under reasonable security conditions.
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 fulfilling the order due to an unforeseen circumstance beyond its control, this shall be considered a case of force majeure.
In the event of force majeure, the Seller is authorised to suspend the fulfilment of the order, in whole or in part, for the duration of the force majeure. The Seller shall immediately notify the Customer thereof.
If the force majeure continues for more than 90 days without interruption, each party to the contract shall have the right to terminate the contract unilaterally by registered letter sent to the other party. However, the services already performed by the Seller shall be invoiced to the Customer on a pro rata basis.
12. Independence of clauses
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 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.