Men-Unlimited BVBA General Conditions of Sale
_____________________________________________________________________
Return of goods
The Belgian law on commercial and trade practices and information and protection of the consumer of 14 July 1991, enables the purchaser to inform the vendor he/she decides not to purchase, within 14 days after receipt of the product (contact form).
The goods (unopened) shall be sent back after this written notice within an acceptable term following the notice (3 working days) to the following address: MEN-UNLIMITED BVBA – POSTBUS 5 – 3120 TREMELO. The order shall be refunded by Men-Unlimited as soon as Men-Unlimited has received the returned product. The User shall pay for the return postage.
Any delivery trouble (damage or missing products) shall be reported to the vendor by the User/purchaser within 48 hours upon receipt of the articles ordered.
Men-Unlimited can refuse or not refund returned products when the goods have been damaged by the User. Also filthy or worn goods cannot be returned. Returning goods shall be done in the original packaging with label. In case of excessive returns Men-Unlimited is entitled to refuse any new orders.
We appreciate and value your trust and confidence in Men-Unlimited and we treat your rights very seriously. These general conditions of sale shall clarify the legal position you are in when buying at Men-Unlimited.com.
By accessing either Men-Unlimited.com or Men-Unlimited.be, you agree to observe a legal commitment and the terms and conditions hereunder. To all offers, orders and agreements of Men-Unlimited.com shall apply, exclusive of any possible other general conditions, the following general conditions of sale.
______________________________________________________
Article 1: Contractual (legal) capacity and validity of contract
Present terms are entered into by on the one hand Men-Unlimited BVBA, BE 0824.113.780 with registered office located in B-3120 Tremelo, Belgium and on the other hand by whomever wants to purchase via the site of Men-Unlimited BVBA : http://www.men-unlimited.be or www.men-unlimited.com ; hereinafter called "the User".
These terms are exclusive for the consumer. The User who wants to perform a purchase on the site, confirms to be capable of acting (capable of contracting). Anyone who, by virtue of article 1123 and following of the Civil Code, has been declared incapable of acting, cannot buy on the site. Consulting the site and the services offered shall be the responsibility of the legal representative in such case. The legal representative shall observe present terms. With regard to providing personal data, the legal representative shall in any case complete the registration form himself/herself or explicitly permit the person declared incapable of acting to fill in the form, on the understanding that the terms with respect to personal data (see further) shall apply in an unimpaired manner.
Parties agree that the mutual legal relationship shall be regulated exclusively by present contract, to the exclusion of all previously described conditions and terms on the site.
There shall be a valid agreement between the User and Men-Unlimited when Men-
Unlimited receives a confirmation of the order placed by the User on the vendor’s website.
Men-Unlimited can, however, decide to submit the validity of the agreement to other conditions, for example in case of important orders or advance payments, orders placed by minors or in case previous orders have been left unpaid.
Article 2: Order
The online order can only be processed when the User has identified himself/herself clearly.
The order is only final after payment.
Every order implies the acceptance of present general conditions of sale, and the prices and description of the product offered for sale.
All products offered by Men-Unlimited are described as detailed as possible and in good faith. The offers and prices are valid the day they are offered on the website. The prices indicated are inclusive of VAT. Men-Unlimited cannot be held liable for any (printing) errors in the offers.
Men Unlimited commits to process the orders placed on the site, as long as stocks last.
Within 24 hours after we have received the User’s order, Men-Unlimited shall send the User an e-mail for confirmation to the e-mail address indicated by the User.
Men-Unlimited shall endeavour to make sure all products ordered by the User are available. Nevertheless, it might happen an article is out-of-stock; in that case we shall inform the User as soon as possible, so the User can decide
- to cancel his/her order or
- to opt for a replacing article which is equivalent in quality and price
We offer our products on our website till we have gone through our supplies.
Men-Unlimited cannot be held liable for any damage arising from a product that is unavailable (out-of-stock/sold out).
Article 3: Delivery
The place of delivery is the place indicated by the User when placing his/her order.
The User can have his/her order delivered at home or at the address of a third party.
Men-Unlimiited will ship the ordered goods within 24 hours after payment.
Article 4: Return of goods
The Belgian law on commercial and trade practices and information and protection of the consumer of 14 July 1991, enables the purchaser to inform the vendor he/she decides not to purchase, within 14 days after receipt of the product (contact form).
The goods (unopened) shall be sent back after this written notice within an acceptable term following the notice (3 working days) to the following address: MEN-UNLIMITED BVBA – POSTBUS 5 – 3120 TREMELO. The order shall be refunded by Men-Unlimited as soon as Men-Unlimited has received the returned product. The User shall pay for the return postage.
Any delivery trouble (damage or missing products) shall be reported to the vendor by the User/purchaser within 48 hours upon receipt of the articles ordered.
Men-Unlimited can refuse or not refund returned products when the goods have been damaged by the User. Also filthy or worn goods cannot be returned. Returning goods shall be done in the original packaging with label. In case of excessive returns Men-Unlimited is entitled to refuse any new orders.
Article 5: Prices and methods of payment
The currency of the prices indicated during the purchase process, is Euro. The prices include VAT and administration costs, unless explicitly mentioned otherwise. The prices of the products and services do not include any transport costs. These are charged separately.
Men-Unlimited has the right to change the selling prices at any moment. Indeed purchased products and services shall always be invoiced at the prices mentioned in the e-mail message confirming the order. These are the prices applicable at the time of purchase.
The products shall remain the property of Men-Unlimited till they have been paid for in total by the customer/User. Men-Unlimited is entitled to refuse any order from a User/customer with whom we have a dispute or with whom we had a dispute in the past.
The purchases can be paid by bank transfer or online by means of VISA, MasterCard, Bancontact, MisterCash and iDEAL (only for The Netherlands). The bank account of the customer will be debited after the confirmation of the purchase and the payment shall only become effective the moment the bank of the customer has given approval to Men-Unlimited. In case the bank of the customer refuses, the order shall automatically be rejected.
Men-Unlimited works on the basis of integral prepayment.
The User guarantees he/she is authorized to pay online by means of any of the above-mentioned methods of payment and that the bank account linked to the credit card, Bancontact/MisterCash card or iDEAL account sufficiently covers the amount of costs arising from the transaction.
Entering confidential details of payment on the website of Men-Unlimited is extremely secured thanks to SSL encrypting (Secure Socket Layer).
For settlement of online payments Men-Unlimited cooperates with OGONE. OGONE is the market leader in Europe in the field of secured (safe) online payments. The security system OGONE is using, is one of the most reliable and secured throughout the world.
The company Men-Unlimited does not have access to the confidential details of payment of their customers. The data are not stored at Men-Unlimited.
That is the reason why we have to ask for the customer’s details of payment every time again with a new purchase. The confidential details of payment (bank cards, expiry dates, safety codes) are only accessible for the company OGONE.
Ogone security measures:
Servers secured by firewalls, access to Ogone databases under strict control, any ‘delicate’ (confidential) data are coded according to the SSL 128 bits standard, a key of bank quality.
Only in a secured modus the pay pages of Ogone can be accessed.
The number of the credit card(s) is exclusively passed on to the financial institution performing the transaction. The trader (Men-Unlimited) does not get access to the card numbers of the customers. Ogone is AIS, SDP and PCI-DSS certified.
Article 6 : Signature and proof
A User of the site without a customer number yet, shall follow the registration procedure by means of which he/she shall be granted a customer number subsequently.
In any case the final confirmation of the order placed by the User shall apply as the acceptance of the order at the indicated price.
Such confirmation applies as a signature and explicit acceptance of all transactions via the site.
The User has the right during 14 days, from the day following the date of delivery, to inform the vendor he renounces the purchase without any further consequences or explanation.
Article 7: Liability
Men-Unlimited cannot guarantee that Men-Unlimited.com or Men-Unlimited.be will function without any interruption or failure.
Men-Unlimited does not guarantee the results from the use of Men-Unlimited.com or Men-Unlimited.be, nor the accuracy/correctness or reliability of the information obtained via Men-Unlimited.com or Men-Unlimited.be.
This site is provided by Men-Unlimited on an "as is" and "as available" basis. Men-Unlimited does not make any statements or declarations or does not give any guarantee, clearly or explicitly, with regard to the operation of the site, the information, content, materials or the products presented on the site.
Men-Unlimited shall not be held liable for any damage or loss whatsoever resulting or arising from the use of their website, including but not restricted to direct, consequential or indirect loss.
Men-Unlimited cannot be held liable for hindrance or loss due to use of the internet, more in particular because of a system breakdown, outsiders forcing their way into the system or a computer virus or any fact considered as force majeur in law.
Men-Unlimited guarantees the elements, services and functions at the disposal of the User, if they are used according to the mentioned instructions, are in conformity with the general conditions and the software and all elements used by Men-Unlimited respect the rights of third parties and are used legally in any way.
Men-Unlimited only has one efforts obligation (obligation to perform to the best of one’s ability). Therefore Men-Unlimited cannot be held liable in case of possible direct or indirect loss for the User by using the website. Men-Unlimited cannot be held liable either in case of deceit/fraud or serious errors of the consumer; nor in case of serious errors or deceit/fraud of suppliers, principals and in general of subcontractors or agents.
The consumer shall not get compensation in the following cases:
- missed special offers or loss of income because of the operation or lack of operation of the website;
- illegal penetration of third parties on the web server;
- a computer virus on the web server or on the website;
- a temporary breakdown/failure of the system
- interruption of the internet connection due to a reason not caused by or not attributable to Men-Unlimited
The consumer accepts that the elements/functions/graphic charters on the website can evolve. Some functions can be removed or added without a specific requirement from the consumer.
Men-Unlimited is entitled to add or cancel contents of the website. So Men-Unlimited has the right to modify the website at any time for any reason whatsoever without informing the consumer prior to the changes and modifications.
This for instance in the case of maintenance of the website or important changes of service and functions. Men-Unlimited cannot be held responsible for loss due to changes and modifications or temporary interruption of the website, for any reason whatsoever.
The articles are sent through the commonly used postal services. Therefore Men-Unlimited is not liable if the delivery term is exceeded due to the postal services, nor in case of loss of goods nor in case of a strike. The User is aware of the transport risks and shall direct his/her questions regarding this matter to the postal services.
Moreover the property of the ordered articles shall only be transferred to the User as soon as the total amount of invoice has been paid.
All offers of Men-Unlimited are free of obligations and valid as long as stocks do not run out.
Men-Unlimited shall reserve the right to adapt prices.
Insofar the law permits, Men-Unlimited renounces every guarantee, clearly or implicitly, comprising but not limited to the implicit guarantees of saleability and appropriateness for a specific aim.
Article 8: Protection of privacy
Men-Unlimited is entitled to collect data of the User, more in particular when the latter places an order. All personal data are intended for internal use by Men-Unlimited.
In accordance with the Act of Law of 8 December 1992 safeguarding personal privacy regarding personal data, you have the right to look into, change and have removed these data at any time if you no longer want to receive information about our activities.
In such case you can write to Men-Unlimited BVBA, Van Espenstraat 39, B-3120 TREMELO (registered office), clearly mentioning your details.
Additional information on the protection and safeguarding of privacy during transactions by computer can be rendered by the Openbaar Register (Commissie voor de Bescherming van de Persoonlijke Levenssfeer ~ “Public Registers (Committee for Protection and Safeguarding of Privacy)”, Hoogstraat 139, 1000 Brussels or via the website http://privacy.fgov.be)
Article 9: Intellectual property
All parts of the Men-Unlimited site, as well visual elements as audio elements, including the technology used for that, are protected by copyright, brands or patents (certificates, licenses) or more in general by the law on intellectual property. They are the exclusive property of Men-Unlimited.
The information, logotypes, pictures, brands, models, slogans, graphic charters and in general the advertisements and their contents you find on the website are protected and safeguarded by the right on intellectual and/or industrial property.
Save explicitly approved by Men-Unlimited and/or third parties, the consumer is not entitled to change/modify, copy, rent, hire, sell, distribute elements on the website or to produce and create similar items.
The consumer is explicitly referred to the national stipulations/provisions concerning the protection of data and computer programmes, and more specifically to the Act of Law of 31 August 1998 with respect to the legal protection of data and the Act of Law of 30 June 1994 with respect to the legal protection of computer programmes.
Users with their own website on the internet, who, for personal use, want to install an automatic link between their own site and the start page of Men-Unlimited, shall request the explicit permission of Men-Unlimited.
In such case it is not about an implicit membership agreement.
Every hyper text link coupling back to the Men-Unlimited site by means of the framing technique or in-line link is explicitly prohibited.
In any case every link must be removed at the request of Men-Unlimited.
Article 10: Nullity
In case one of the provisions of present conditions is found void because of a modification of the law or regulation or because of a court sentence, the general conditions of sale shall continue in full force and effect.
Article 11: Duration
These conditions shall apply as long as the Men-Unlimited services are offered online.
Article 12 : Proof
The information registers kept in the files of Men-Unlimited or of their partners are stored with sound precautionary security measures and shall apply and be considered as proof of the communications, orders and payments between parties.
Article 13 : Storing and filing of transactions
The order forms and invoices are, in conformity with legal standards, saved and stored on a data carrier in a durable and reliable way.
Article 14 : Miscellaneous
The goods sold by Men-Unlimited correspond to the descriptions and pictures on the site. In spite of our precautions and care, errors are possible. We cannot be held liable in such case.
Save contractual or legal provisions otherwise a complaint with regard to a transaction between Men-Unlimited and the User one month after delivery shall be considered as late and therefore not be treated anymore.
Article 15 : Applicable law and jurisdiction
Present conditions are only subject to Belgian law. In case of disputes only Belgian law shall be applicable.
Only the courts and tribunals of the legal district of Leuven (Louvain-Belgium) shall have jurisdiction in case of a dispute.
Article 16: Language of the contract/agreement
Men-Unlimited is available in the Dutch, French and English language. The User can make his/her choice of language on the first visit or by clicking the language on the homepage of Men-Unlimited. The language selected by the User shall be the language for transactions and further communication between the User and Men-Unlimited.
Translation in English of a Belgian document originally drawn up in the Dutch language