Terms and conditions
Last updated on 31 August, 2024
The website: www.the-low-countries.com
(hereinafter referred to as the “Platform”)
is an initiative of:
Ons Erfdeel (NPO)
Murissonstraat 260
8930 Rekkem
Belgium
Company registration number: 0410.723.635
Email: hello@the-low-countries.com
Phone: +32 (0)56 41 12 01
(hereinafter referred to as “we” or “Ons Erfdeel” or the “Seller”)
- USAGE CONDITIONS
1.1 Scope
These General Usage Conditions 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 Usage Conditions and explicitly accepts the rights and obligations set forth therein.
As an exception, deviations from the provisions of the General Usage Conditions may occur by written agreement. Such deviations can consist of modifications, additions, or deletions of the provisions they concern and do not affect the applicability of the other provisions of the General Usage Conditions.
We reserve the right to modify our General Usage Conditions at any time and without prior notice, but we commit to applying the provisions that were in effect at the time the User used the Platform.
1.2 Platform
a. Accessibility and Navigation
We take all reasonable and necessary measures to ensure the proper functioning, safety, and accessibility of our Platform. However, we cannot guarantee absolute functionality and our actions must therefore be considered as being covered by a means obligation.
Any use of the Platform is always at the User’s own risk. Thus, we are not liable for any damage that may result from possible disruptions, interruptions, defects, or even harmful elements 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
Ons Erfdeel largely determines the content of the Platform and pays great attention to the information on it. We take all possible measures to keep our Platform as comprehensive, accurate, and up-to-date as possible, even when third parties provide the information about it.
We reserve the right to change, supplement or remove the Platform and its content at any time, without any liability.
Ons Erfdeel cannot provide any absolute guarantee regarding the quality of the information on the Platform. Consequently, it is possible that this information may not always be complete, accurate, sufficiently accurate, or up-to-date. Therefore, Ons Erfdeel cannot be held liable for any direct or indirect damage that the User may suffer as a result of the information provided on the Platform.
If certain content of the Platform is contrary to the law or the rights of third parties or is contrary to public order or morals, we request each User to notify us as soon as possible via email so that we can take appropriate measures.
Any download from the Platform is always at the User’s own risk. Ons Erfdeel is not liable for any damage, directly or indirectly, resulting from such downloads, such as data loss or damage to the User’s computer system, which remains the sole and exclusive responsibility of the User.
c. Services Reserved for Registered Users
- Registration
Access to certain services is restricted to Users who have completed registration on the Platform.
Registration and access to the services of the Platform are exclusively reserved for natural persons who are legally competent, following the completion and validation of the online registration form available on the Platform and after acceptance of these General Usage Conditions.
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 information relating to them to ensure its accuracy.
The User must provide a valid email address, to which the Platform will send a confirmation of registration for our services. An email address can only be used once for registering the services.
Any communication from the Platform and its partners is therefore deemed to have been received and read by the User. The latter is obliged to consult the messages received at this email address regularly and, if necessary, to respond within a reasonable timeframe.
Also, only one registration per person is allowed.
The User is assigned an identification code through which he/she can access a space reserved for him/her (hereinafter the “Personal Space”) upon entering their password.
The username is definitive, but the password can be changed online by the User in their Personal Space.
The password is personal and confidential. The User undertakes not to disclose it to third parties.
In any case, Ons Erfdeel reserves the right to refuse a registration request for the Platform’s services in case of non-compliance with these General Usage Conditions by the User.
2. Unsubscribe
A regularly registered User may request to unsubscribe at any time by going to the special page in their Personal Space. Any unregistration from the Platform will take effect as soon as possible after the user has filled out the designated form.
d. Content Published by the User
The User agrees to comply with all applicable legislation (including, but not limited to, privacy and copyright laws) via every publication they make on the Platform. The User should pay particular attention to the interests of third parties, offensive content, and content that may contravene public order or morals. The User remains responsible for any content published on the Platform.
The Platform may exercise moderation over any publication and may refuse to publish the content online without stating reasons. Similarly, content published by a User may be modified or removed without any reason or deadline.
By publishing content on the Platform, the User grants Ons Erfdeel a free and non-exclusive right to represent, reproduce, edit, adapt, modify, delete, distribute and disseminate the published content, directly or indirectly, on any medium and worldwide.
1.3 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 Ons Erfdeel and the external website or even that there is an implied agreement with the content of these external websites.
Ons Erfdeel has no control over such external third-party websites. Therefore, we are not responsible for the safe and correct functioning of the hyperlinks and their end destination. Once the user clicks on the hyperlink, he/she leaves the Platform. We cannot, therefore, be held liable for further damage.
1.4 Intellectual Property
The structure of the Platform, as well as the content, texts, graphs, images, photos, sounds, videos, databases, computer applications, etc. that constitute the Platform or are accessible via the Platform, are the property of Ons Erfdeel or Ons Erfdeel has obtained the necessary rights and are therefore protected by applicable intellectual property laws.
Any representation, reproduction, adaptation, or total or partial exploitation of the content, trademarks, and services offered by the Platform, in any way, without the prior, express and written consent of Ons Erfdeel, is strictly prohibited, except for elements expressly designated as ‘royalty-free’ on the Platform.
The User of the Platform is granted a limited right of access, use, and viewing of 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 beforehand, the User is not allowed to modify, reproduce, translate, distribute, sell, or publicly communicate the protected elements in whole or in part.
The User is prohibited from inputting data on the Platform that would change or could change the content or appearance of the Platform.
1.5 Data Protection
We assure Users that we place the utmost importance on protecting 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 is collected and processed solely for internal purposes by Ons Erfdeel.
Ons Erfdeel undertakes to comply with applicable legislation in this area, in particular, Regulation (EU) 2016/679 of 27 April, 2016, concerning the protection of natural persons with regard to the processing of personal data and on the free movement of these data (the ‘General Data Protection Regulation’ or ‘GDPR’) and the Act of 30 July, 2018, concerning the protection of natural persons with regard to the processing of personal data.
The personal data of the User is processed in accordance with the Privacy Policy available on the Platform.
1.6 Applicable Law and Jurisdiction
These General Usage Conditions are governed by Belgian law.
In the event of a dispute and in the absence of an amicable solution between the parties, the dispute shall be submitted to the courts of the judicial district where Ons Erfdeel has its registered office.
1.7 Miscellaneous Provisions
Ons Erfdeel reserves the right to modify, expand, remove, limit, or interrupt the Platform and associated services at any time, without prior notice and liability.
In the event of a breach of the General Usage Conditions by the User, Ons Erfdeel reserves the right to take appropriate sanctions and compensation measures. Ons Erfdeel reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without giving reasons and without prior notice. They cannot give rise to any liability of Ons Erfdeel, nor give rise to any form of compensation.
The illegality or complete or partial invalidity of a provision of our General Usage Conditions shall not affect the validity and application of other provisions. In such a case, we have the right to replace the provision with another valid provision that serves the same purpose.
- SALES CONDITIONS
2.1 Scope
These General Sales Conditions define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (who, with respect to the General Sales Conditions, shall hereinafter be referred to as the “Customer”).
The General Sales Conditions express all obligations of the parties. The Customer is deemed to accept these without reservation, failing which their order will not be validated.
Exceptions to the provisions of the General Sales Conditions may be made in exceptional cases, provided that such exceptions are agreed upon in writing. Such deviations may consist of modifying, adding, or deleting the provisions they concern and do not affect the applicability of the other provisions of the General Sales Conditions.
Ons Erfdeel reserves the right to change the General Sales Conditions from time to time. The changes will apply as soon as they are published online for any purchase after that date.
2.2 Online Shop
Through the Platform, the Seller provides the Customer with an online shop presenting the offered products or services. The presentation of the offered products or services (e.g., via photos) has no contractual value.
The products or services are described and presented with the utmost accuracy. However, in the event of errors or omissions in the presentation, the Seller cannot be held liable.
The products and services are offered within the limits of their availability.
Prices and taxes are listed in the online shop.
2.3 Price
The Seller reserves the right to change prices at any time by publishing them online.
Only the indicated prices and the taxes that are in effect at the moment of the order apply, subject to availability on that date.
Prices are indicated in euros and do not take into account any delivery costs, which will also be indicated and billed before the order is validated by the Customer.
The total amount of the order (all taxes included) and, where applicable, the delivery costs will be stated before the final validation of the order.
2.4 Online Ordering
The Customer has the option to complete an online order using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
To validate their order, the Customer must accept these General Sales Conditions by clicking on the specified place.
The Customer must provide a valid email address, billing information, 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 validate the payment method.
The Seller reserves the right to block the Customer’s order in case of non-payment, incorrect address, or any other problem regarding the Customer until the issue is resolved.
2.5 Order Confirmation and Payment
The Seller remains the owner of the ordered items until the full payment of the order is received.
a. Payment
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation serves as a substitute for a signature.
The Customer guarantees the Seller that they have the necessary permissions to use this method of payment and acknowledges that the information provided constitutes proof of their agreement to the sale and the payment of the amounts owed in the context of the order.
The Seller has established a procedure to check orders and payment methods to reasonably guarantee themselves against any fraudulent use of a payment method, including by requesting identification information from the Customer.
In case of refusal of payment 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 fully completed a previous order or who has an outstanding payment dispute.
b. 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 included with the order.
The Customer can request that the invoice be sent to an address other than the delivery address by making such a request to customer service before delivery (see contact details below).
In the event of unavailability of a service or product, the Seller will notify the Customer as soon as possible via email to replace or cancel the order of this product and possibly refund the relevant price, with the remainder of the order remaining fixed and definitive.
2.6 Subscription
This article applies in addition to the other provisions of the contract for any subscription to which the Customer subscribes via the Platform.
The subscription entitles the Customer to:
The subscription gives the Customer unlimited access to the website.
The Customer will be billed as follows:
A fixed annual amount will be billed.
All subscriptions are concluded for a duration of 1 year.
2.7 Evidence
The communications, orders, and payments between the Customer and the Seller can be proven via automated records, which are stored in the Seller’s computer systems under reasonable security conditions.
Orders and invoices are archived on a reliable and durable medium, which is particularly considered as proof.
2.8 Delivery
Delivery occurs only after payment confirmation by the Seller’s bank.
Products are delivered to the address indicated by the Customer on the online order form. Additional costs arising from incomplete or incorrect information from the
Customer will be charged to the Customer.
Delivery occurs, according to the method chosen by the Customer, within the following timeframes:
Standard delivery: 6-8 days
Delivery times are indicative. In case of late delivery, no compensation can be claimed from the Seller or the carrier. However, if the delivery times exceed thirty days from the date of the order, the sales agreement can be cancelled, and the Customer may be refunded.
a. Order Inspection
Upon receipt of the products, the Customer or the recipient checks the good condition of the delivered product or the conformity of the delivered service.
In case one or more of the ordered products are missing or damaged, the Customer or the recipient must formulate the necessary reservations to the carrier at the time of delivery and promptly notify the Seller.
Verification is deemed to be carried out once the Customer or a person authorized by them has accepted the order unconditionally.
Any reservation not made according to the rules defined above and within the set timeframes cannot be considered, releasing the Seller from any liability to the Customer.
b. Delivery Error
In case of a delivery error or non-compliance of the products with the information on the order slip, the Customer will notify the Seller within three working days of the delivery date.
Any complaint not submitted within the period will not be considered and will relieve the Seller of any liability to the Customer.
c. Returns and Exchanges
The product to be exchanged or refunded must be sent back to the Seller, in full and in its original packaging, according to the following modalities.
Any complaint or return made not in accordance with the rules defined above and within the set timeframes cannot be considered and will relieve the Seller of any liability to the Customer.
Any product to be exchanged or refunded must be sent back to the Seller in full and in its original packaging.
The costs for returning the product are the responsibility of the Customer.
2.9 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 concluding the contract.
If the Customer is a consumer, they have two years from the delivery of the product to implement the legal conformity guarantee. Notwithstanding, if the purchased product was a second-hand good, the warranty period is one year.
The lack of conformity must be reported as soon as possible and in any case within two months after the discovery of the sale.
2.10 Right of Withdrawal
This article only applies insofar as the Customer is a consumer. If this is the case, the Customer can exercise their legal right of withdrawal and dissolve the agreement within 14 working days after the delivery (taking possession) of the goods or within 14 days after concluding the service agreement.
a. Return and Refund
This paragraph only applies insofar as the purchase concerns goods.
After notifying their decision to withdraw, the Customer has 14 days to return the goods or to cancel the order.
The Customer may request a refund of the returned product without extra costs. However, the costs of returning remain the responsibility of the Customer.
The return or exchange of the product can only be accepted for products that are still complete, intact, and in their original state, particularly with complete, intact packaging and in a state of resale.
The Seller will reimburse the Customer for all amounts paid, including the delivery costs, within 14 days after the goods have been collected or after the proof of shipment of the goods has been sent.
b. Exceptions to the Right of Withdrawal
Any withdrawal not executed in accordance with the rules and deadlines of this article and applicable legislation cannot be considered and will relieve the Seller of any liability to the Customer.
If the order wholly or partially concerns the delivery of digital content not delivered on a tangible medium, the Customer expressly agrees that the contract may be performed immediately. The Customer acknowledges that they lose their right of withdrawal once the contract is fully performed.
If the order wholly or partially concerns the delivery of services, the Customer expressly agrees that the Seller can perform the services immediately. The Customer acknowledges that they waive their right of withdrawal as soon as the Seller has fully performed the contract.
c. Withdrawal Form Template
To:
Ons Erfdeel
Murissonstraat 260
8930 Rekkem
Belgium
Company registration number: 0410.723.635
Email: hello@the-low-countries.com
Phone: +32 (0)56 41 12 01
I/We (*) hereby inform you *() of my/our (*) withdrawal from the agreement concerning the good (*)/the supply of the service mentioned below:
Ordered on (*)/received on (*): __________
Name(s) of the consumer(s): __________
Address(es) of the consumer(s): __________
Signature of the consumer(s) (only if this form is filled out on paper):
Date: __________
(*) Delete as appropriate
2.11 Data Protection
The Seller will keep proof of the transaction, including the purchase order and invoice, on its computer systems and under reasonable security conditions.
The Seller guarantees the protection of the Customer’s personal data in accordance with the Privacy Policy available on the Platform.
2.12 Force Majeure
If the Seller is wholly or partially prevented from carrying out the order due to an unforeseen circumstance beyond their control, this constitutes 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 will immediately notify the Customer.
If the force majeure lasts for more than 90 consecutive days, either party has the right to unilaterally terminate the contract by sending a registered letter to the other party. The services already performed by the Seller will, however, still be invoiced proportionally to the Customer.
2.13 Independence of Provisions
If one or more provisions of these General Sales Conditions are declared illegal or invalid, the other provisions shall remain in full force.
The illegality or total or partial invalidity of a provision of these General Sales Conditions 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 serving the same purpose.
2.14 Applicable Law and Jurisdiction
These General Sales Conditions are governed by Belgian law.
In the event of a dispute and in the absence of an amicable solution, the dispute will be submitted to the courts of the judicial district of the registered office of the Seller.
