The Platform:
The website: www.showbee.be
is an initiative of:
The Seller: Experimotions BV
Registered office: Heirbaan 38, 1785 Merchtem, Belgium
CBE/VAT: BE 0547.976.754
Email: contact@showbee.be
Phone: +32 474 87 89 65
I. GENERAL TERMS AND CONDITIONS OF USE
Art.1. Scope of application
These General Terms and Conditions of Use (hereinafter the “GTCU“) apply to any visit or use of the Platform and its information by an Internet user (hereinafter the “User“).
By accessing or using the Platform, the User acknowledges that he has read these GTCU and expressly accepts the rights and obligations indicated therein.
Exceptionally, provisions of the GTCU may be waived by written agreement. Such deviations may consist of the amendment, addition or deletion of the provisions to which they relate and shall not affect the application of the other provisions of the GTCU.
Experimotions BV reserves the right to modify the GTCU at any time and without prior notice, but undertakes to apply the provisions in force at the time the User used the Platform.
Art.2. Platform
- Accessibility and navigation
Experimotions BV takes all reasonable and necessary measures to ensure the proper functioning, security and accessibility of the Platform. However, absolute operating guarantee cannot be offered and therefore it is an obligation of means.
Any use of the Platform is always at the User’s own risk. Experimotions BV is therefore not liable for damage resulting from any malfunctions, interruptions, defects or even harmful elements on the Platform.
Experimotions BV reserves the right to restrict access to the Platform or to interrupt its operation at any time, without prior notice.
- Contents
Experimotions BV largely determines the content of the Platform and takes great care of the information contained therein. All possible measures are taken to keep the Platform as complete, accurate and up-to-date as possible, even when the information about it is provided by third parties. Experimotions BV reserves the right to modify, supplement or delete the Platform and its content at any time, without any liability.
Experimotions BV cannot provide an absolute guarantee as to the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, Experimotions BV 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 any content of the Platform is contrary to the law, the rights of third parties or morality, the User must notify Experimotions BV by email as soon as possible so that appropriate measures can be taken.
Any download from the Platform is always at the User’s own risk. Experimotions BV shall not be liable for any damage, direct or indirect, resulting from such downloads, such as loss of data or damage to the User’s computer system.
- Services reserved for registered Users
-Registration
Registration and access to the services of the Platform are reserved exclusively for natural persons who have legal capacity, after completing and validating the registration form available online on the Platform and these GTCU.
At the time of registration, the User undertakes to provide correct, sincere and up-to-date information about himself and his marital status. The User must also regularly check the data concerning him to ensure its accuracy.
The User must therefore provide a valid email address, on which the Platform will send him a confirmation of his registration. An email address cannot be used multiple times to register for the Services.
Any communication from the Platform and its partners is therefore deemed 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 time.
The User is assigned an identification code that allows him to access a space reserved for him (hereinafter the “Personal Space“). Only one registration is allowed per person.
The password is personal and confidential, the User undertakes not to communicate it to third parties.
In any event, Experimotions BV reserves the right to refuse a request to register with the services of the Platform in the event of non-compliance by the User.
-Convoke
The User who is duly registered may request to unsubscribe at any time by accessing the dedicated page in their Personal Area. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the appropriate form.
- Content published by the User
The User undertakes to comply with the laws in force in each of his publications on the Platform. He 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 demand moderation in any publication and refuse to publish the content online, without giving reasons. In the same way, the content published by a User may be modified or deleted without any reason or deadline.
By publishing on the Platform, the User grants to the Seller, free of charge and on a non-exclusive basis, the right to represent, reproduce, edit, modify and disseminate the published content, directly or indirectly, on any medium and throughout the world.
Art.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 Experimotions BV and the external website, or even that there is an implicit agreement with the content of these external websites.
Experimotions BV has no control over external websites and is therefore not responsible for the secure and correct operation of the hyperlinks and their final destination.
As soon as the User clicks on the hyperlink, he or she leaves the Platform and Experimotions BV can no longer be held liable for any damage.
Art.4. Intellectual property
The structuring of the Platform and the texts, graphics, images, sounds, videos, databases, computer applications, etc. accessible via the Platform are the property of Experimotions BV and are protected by the laws in force in the field of intellectual property.
Any representation, reproduction, adaptation or exploitation of the content, brands and services offered by the Platform, by any means whatsoever, without the prior, express and written consent of Experimotions BV, is strictly prohibited, with the exception of elements expressly marked 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 permitted to modify, reproduce, translate, distribute, sell and communicate all or part of the protected elements to the public.
The User is prohibited from entering on the Platform any data that may alter the content or appearance of the Platform.
Art.5. Protection of personal data
Experimotions BV assures the User that it attaches the utmost importance to the protection of its privacy and personal data, and that it always strives to communicate clearly and transparently in this regard.
The personal data provided by the User during his visit or use of the platform is collected and processed by Experimotions BV for internal purposes only.
Experimotions BV undertakes to comply with the applicable legislation in this area, namely the Law of 8 December 1992 on the protection of privacy in relation to the processing of personal data and the European Regulation 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 User’s personal data will be processed in accordance with the Privacy Policy available on the Platform.
Art.6. Applicable law and competent jurisdiction
In the event of a dispute and in the absence of an amicable settlement, the dispute will be submitted to the courts of the judicial district of the Seller’s registered office.
Art.7. Miscellaneous provisions
Experimotions BV reserves the right to modify, extend, remove, limit or interrupt the Platform and its services at any time, without prior notice and without liability.
In the event of a breach of the GTCU by the User, Experimotions BV reserves the right to take appropriate sanctions and compensatory measures, such as the temporary or permanent refusal of access to the Platform or the services. These measures may be taken without giving reasons and without prior notice. They cannot incur any liability for Experimotions BV, nor can they give rise to any form of compensation.
The total or partial invalidity of a provision of the GTCU shall not affect the validity and application of the other provisions. In such a case, this provision will be replaced by another valid and comparable provision.
II. GENERAL TERMS AND CONDITIONS OF SALE
Art.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 “Customer“).
The GTCS express all the obligations of the parties. The Client is deemed to accept them without reservation, failing which his order will not be validated.
Exceptions to the provisions of the GTCS can be made in certain cases, provided that these exceptions have been agreed in writing. Such deviations may consist of amending, adding or deleting the provisions to which they relate and do not affect the application of the other provisions of the GTC.
Experimotions BV reserves the right to amend the GTCS from time to time. The changes will apply as soon as they are posted online for any purchase after that date.
Art.2 Online shop
Through the Platform, the Seller provides the Customer with an online store that presents the products or services sold, without the photos having any contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the Seller cannot be held liable for this fact.
The products and services are offered within the limits of their availability.
The prices and taxes are listed in the online store.
Art.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 are applicable, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which are also 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 will be indicated before the final validation of the order form.
Art.4 Order online
The Customer has the option of filling in an order form online using an electronic form. By completing the electronic form, the Client accepts the price and description of the products or services.
In order to validate their order, the Client must accept these T by clicking on the place indicated.
Customer must provide a valid email address, valid billing information, and, if applicable, a valid delivery address. Any exchange with the Seller can take place via 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 Customer’s account until the problem is resolved.
Art.5 Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order is received.
- Payment
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation applies instead of a signature.
The Client guarantees the Seller that he has the necessary authorisations to use this method of payment and acknowledges that the information provided for this purpose constitutes proof of his consent to the sale and the payment of the sums due in connection with the order.
The Seller has put in place a procedure to check orders and means of payment, in order to reasonably guarantee against any fraudulent use of a means of payment, including by requesting identification data 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 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 fulfilled or has only partially completed a previous order or who is the subject of a payment dispute.
- Confirmation
Upon receipt of the validation of the purchase with payment, the Seller will send the purchase to the Customer, as well as the 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 the Customer Service Department prior to delivery (see contact details below).
In the event of unavailability of a service or product, the Seller will inform the Customer as soon as possible by e-mail with the proposal 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.
Art.6 Proof
The communication, orders and payments between the Customer and the Seller can be proven by means of automated records, which are kept in the Seller’s computer systems under reasonable security conditions.
Orders and invoices are archived on a reliable and durable medium that is considered in particular as evidence.
Art.7 Delivery
Delivery will only take place after confirmation of payment by the Seller’s bank.
The products will be delivered to the address indicated by the Customer on the online order form. Additional costs as a result of incomplete or incorrect information from the Customer will be charged to the Customer. For reasons of availability, an order may be made in several consecutive deliveries to the Customer.
Delivery will take place, according to the method chosen by the Client, within the following deadlines:
Standard delivery within Belgium: 2-3 days. Delivery other countries: 3-4 days.
The delivery times are indicative. In the event of late delivery, no compensation can be claimed from the Seller or the carrier. However, if the delivery is made more than thirty days after the agreed date, the sales contract may be terminated and the Customer may be refunded.
- Order control
Upon receipt of the products, the Customer or the recipient checks the good condition of the delivered product 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 is deemed to have been carried out as soon as the Client or a person authorised by him has accepted the order without reservation.
Any reservation not made in accordance with the rules defined above and within the specified time limits cannot be taken into account and releases the Seller from any liability towards the Customer.
- Error in delivery
In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer will inform the Seller within three working days of the delivery date.
Any complaint not made within the time limit cannot be taken into account and releases the Seller from any liability towards the Customer.
- 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 procedures:
Products can be returned within 14 days of receipt and provided the clothing is unworn and the safety tag has not been broken. Accessories can be returned within 14 days of delivery and provided they have not been used. Instructions for returning are included in the box upon delivery.
Any complaint and any return not made in accordance with the rules defined above and within the specified time limits cannot be taken into account and exempts 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 costs for the return shipment are borne by the Seller.
Art.8 Guarantees
The Seller 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.
- Guarantee of conformity
If the Customer is a consumer, the Seller must offer a legal warranty period of two years from the delivery of the product. For second-hand goods, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible, and in any event no later than two months after discovery.
Art.9 Right of withdrawal
If the Client is a consumer, he can exercise his legal right of withdrawal within 14 working days after the delivery of the goods or the conclusion of the service contract.
After notification of his decision to withdraw, the Customer will then have 14 days to return or return the goods.
Any withdrawal that is not carried out in accordance with the rules and deadlines of this article cannot be taken into account and releases the Seller from any liability towards the Customer.
The Customer may request a refund of the returned product, at no additional cost, the cost of return being borne by the Seller.
The return or exchange of the product can only be accepted for the products as a whole, intact and in their original condition, in particular with full, intact packaging and in a state of sale.
The Seller shall refund the Customer for all sums paid, including delivery costs, within 14 days of the return of the goods or the notification of proof of return of the goods.
If the order relates in whole or in part to digital content, which is not delivered on a physical medium, the Customer agrees to give up his right of withdrawal for such digital content in order to be delivered as soon as possible.
Art.10 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 its personal data in accordance with the Privacy Policy available on the Platform.
Art.11 Force majeure
If the Seller is prevented from fulfilling the order in whole or in part due to an unforeseen circumstance beyond his control, there is force majeure.
In the event of force majeure, the Seller has the right 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 immediately.
If the force majeure continues without interruption for more than 90 days, each of the parties to the contract has the right to terminate the contract unilaterally, by registered letter to the other party. The services already provided by the Seller will nevertheless be invoiced to the Customer proportionately.
Art.12 Independence of the provisions
If one or more provisions of these GTCS are declared illegal or null and void, the remaining provisions shall remain in full force and effect.
The illegality or total or partial invalidity of a provision of these GTCS 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 to the same effect.
Art.13 Applicable law and competent jurisdiction
These GTCS are governed by Belgian law.
In the event of a dispute and in the absence of an amicable settlement, the dispute will be submitted to the courts of the judicial district of the Seller’s registered office.
Date of last change: 17 November 2020
