Category: legal

[vc_row][vc_column][vc_column_text] General conditions and customer information Index Validity Conclusion of agreements Right to retract Price and terms of payment Delivery and Shipping Terms Liability for defects Applicable law, competent judge Online Dispute Resolution Information Validity These general conditions of Emanet (hereinafter “the seller”) are applicable to all agreements that a consumer or entrepreneur (hereinafter “the customer”) concerning the products presented by the seller in its online shop and/or the services concluded with the seller The applicability of the customer’s terms and conditions is expressly rejected unless otherwise agreed. A consumer within the meaning of these terms and conditions is any natural person who performs legal acts for purposes which are primarily outside the independent occupation of a profession or business. An entrepreneur within the meaning of the meaning of these terms and conditions is any natural person or any legal person or any association which deals with a legal act in the context of the independent exercise of a profession or business. Conclusion of agreements The descriptions of the products displayed in the seller’s online shop are not the subject of a binding offer by the seller, but serve to invite the customer to make a binding offer. The customer can accept the offer offered in the seller’s online shop via the integrated order form. In addition, the customer agrees, after having selected the goods and / or services in the virtual shopping cart and after having gone through the digital ordering procedure by clicking on the button to complete the order, to the acceptance of an offer binding for the conclusion of a purchase contract with the content of the goods and / or services in the shopping cart. However, the content cannot be sent after acceptance of the contractual conditions by ticking “I have read and accept the general conditions” The seller may accept the customer’s offer within five days, by sending an order confirmation in writing or in text form (fax or e-mail) by which this order confirmation is therefore decisive, or by delivering the products ordered from the customer, whereby the receipt of the goods is therefore decisive, or by asking the customer to pay after receipt of his order. In any case, the seller will send an order confirmation to the customer thus offering an explanation of how the terms and conditions are downloadable or printable via the “Print” function. When there are several alternatives mentioned above, the agreement will be concluded at the moment when one of the alternatives mentioned above occurs. If the seller does not accept the customer’s offer within the aforementioned period, the offer is rejected whereby the customer is no longer bound to his declaration of wisdom. The period for accepting the offer begins the day after the customer sends the offer and ends at the end of the fifth day after the offer is sent. Before sending the binding order via the seller’s online order form, the customer can modify the data previously entered by means of the usual keyboard and mouse. In addition, all entered data intended for sending the binding order is visible in a confirmation window, and can also be corrected with the usual keyboard and mouse functions. The conclusion of the agreement is only available in French. The ordering process and contact only takes place by e-mail and automatic order settlement. The customer must ensure that the e-mail address specified is correct so that messages sent by the seller to this address can be received. The customer must ensure that these SPAM filters do not block messages sent by the seller or third parties responsible for paying the order. Right of withdrawal Consumers have in principle a right of withdrawal. Additional information on the right of withdrawal can be found in the conditions of withdrawal listed in the seller’s online shop. Price and terms of payment The prices quoted by the seller are total prices and include any statutory turnover tax. Any delivery or shipping costs will, if necessary, be listed separately in the product descriptions. The customer has different payment options, which are indicated in the seller’s online store. When the customer chooses payment as the payment method, the amount is payable immediately after completion of the agreement. In case of payment by “PayPal” payment method, payment will be made through the payment service provider PayPal (Europe) S.a.r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with the applicable PayPal terms of use, which can be viewed via https://www.paypal.com/de/webapps/mpp/ua/useragreement- full. Condition for this payment method includes that the customer is in possession of a PayPal account or is opening one. When choosing the Bancontact/Mister Cash payment method, the customer authorizes his bank, which is connected to the Bancontact/Mister Cash system, to execute the payment order. After authorization of this request for payment, the amount of the invoice will be deducted from the customer’s account and transferred to the seller’s account. The seller will be immediately notified of successful payment. Delivery and shipping conditions Delivery by dispatch of the goods takes place if nothing else has been agreed to the address indicated by the customer at the settlement of the transaction. If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will be held responsible for the shipping costs. This does not apply when the customer cannot be held responsible for the failed delivery or if he has been temporarily prevented from taking delivery of the goods, unless the seller has announced the delivery within a reasonable time. When the goods are collected by the customer, the seller first informs the customer by e-mail that the products ordered by him are ready for collection. After receiving this email, the customer can collect the goods by appointment from the seller. In this case, there will be no calculated shipping costs. Liability due to defects In general, the legal regulations regarding liability for defects apply and, in particular, the following provisions apply: For …

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The right of withdrawal in distance contracts Books VI and XIV of the Code of Economic Law Companies (book VI CDE) – art. VI.47 and following CRC Liberal professions (book XIV CDE) – art XIV.29 and following CRC How soon can the consumer exercise the right of withdrawal? The consumer must inform the company or the person exercising a liberal profession of his wish to withdraw within 14 calendar days, without reason and without other additional costs than those provided for by the Code. When does the withdrawal period begin? The withdrawal period begins: for sales contracts, from the day after the day on which the consumer or the third party designated by the consumer takes physical possession of the goods, except in the special cases provided for in Books VI and XIV of the Code of Economic Law; in the case of multiple goods or goods made up of batches forming part of a single order but delivered separately, from the day after taking possession of the last good or the last batch; in case of regular delivery of goods for a specified period of time, starting from the day after taking possession of the first good. for service contracts, from the day following the day of the conclusion of the contract. Provisions specific to companies The withdrawal period begins: for sales contracts which relate to both goods and services, from the day after the day on which the consumer or the third party designated by the consumer takes physical possession of the goods, except in special cases provided for in the book VI of the Code of Economic Law; for contracts for the supply of water, not conditioned in a limited volume or in a determined quantity, as well as for district heating, from the day after the day of the conclusion of the contract. As regards the supply of gas and electricity, reference should be made to the Agreement “The consumer in the liberalized electricity and gas market” How can the consumer withdraw? The consumer informs the company or the person exercising a liberal profession of his decision to withdraw from the contract, before the expiry of the withdrawal period of 14 calendar days, by sending him: either, the completed and signed withdrawal form; either, an unambiguous statement clearly setting out its decision to withdraw from the contract (examples: telephone, e-mail, sms, mail, etc.); if the company or the person exercising a liberal profession provides, the withdrawal form or another unambiguous statement online on its website. An acknowledgment of receipt is then sent without delay to the consumer on a durable medium. The burden of proof of his decision to withdraw lies with the consumer. Therefore, it is advisable to withdraw in writing or via a durable medium (examples: by e-mail, mail). Is a withdrawal possible if the performance of the contract began during the withdrawal period? Yes, if it is a service contract for which an express request for the performance of the service during the withdrawal period has been presented to the company or the person exercising a liberal profession. However, the consumer will have to pay to the company or to the person exercising a liberal profession an amount proportional to what it has provided to him until the moment when the consumer has informed him of his decision to withdraw in relation to the all the services provided for in the contract. The amount is calculated on the basis of the total price agreed in the contract or on the basis of the market value of the services provided if the total price is excessive. However, no cost will be due:  for the provision of services during the withdrawal period if: o the company or the person exercising a liberal profession did not provide, before the conclusion of the contract, the information relating to the right of withdrawal; o the consumer has not expressly requested that performance begin during the withdrawal period.  For the online supply of digital content that is not provided on a physical medium (example: software download), if: o the consumer has not given his express prior agreement for its execution during the withdrawal period; o the consumer has not acknowledged losing his right of withdrawal by giving his consent; o the company or the person exercising a liberal profession has omitted to send him a confirmation of the contract concluded and of the prior express agreement given by the consumer. Special provision for companies Yes, if it is a contract for the supply of water, gas or electricity, not packaged in a limited volume or in a determined quantity, or for urban heating for which an express request for execution of the service during the withdrawal period has been presented to the company. The consumer will have to pay the company an amount proportional to what it has provided to him until the moment when the consumer has informed him of his decision to withdraw from all the services provided for in the contract. The amount is calculated on the basis of the total price agreed in the contract or on the basis of the market value of the services provided if the total price is excessive. However, no cost will be due if:  the company has not provided information relating to the right of withdrawal before the conclusion of the contract;  the consumer has not expressly requested that performance begin during the withdrawal period. What are the effects of exercising the right of withdrawal? By exercising his right of withdrawal, the consumer terminates the conclusion or performance of the distance contract and any ancillary contract (credit contract) free of charge, except those provided for in Books VI (art. VI.51 CDE ) and XIV (art. XIV.33 CDE) of the Code of Economic Law. What are the costs to be borne by the consumer?  the costs paid by the consumer when expressly choosing a delivery method different from the standard, less expensive delivery method …

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[vc_row][vc_column][vc_column_text] General conditions of use of the site and privacy charter Article 1: object The present “general conditions of use” aim at the legal framework of the methods of provision of the services of the site emanet.org  and their use by the “User”. The general conditions of use must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Access to the site by the User means acceptance of these terms and conditions of use. In case of non-acceptance of the general conditions of use stipulated in this contract, the User must renounce access to the services offered by the site. emanet.org  reserves the right to modify unilaterally and at any time the contents of these general conditions of use. emanet.org . would also like to inform you of any possible processing of your personal data and your rights in this regard. By using our site, you expressly agree to the collection and processing of your personal data by emanet.org .de as described in this document.     Article 2: Legal notice 2.1 Site Manager Company name: Association médicale européenne @EMA@ Responsible person: Vincenzo Costigliola Headquarters address: Avenue des Volontaires, 19 1160 Auderghem Telephone: + 32 (0)734.29.80 Mail: contact@emanet.org Company number: 0443.863.486 VAT number: 2.2 Publisher of the site Company Name: Webitbe Sprl Responsible person: Roland Verstraeten Head Office Address: 45 Rue des Sartiaux B-7100 La Louviere Telephone: +32 (0) 64 54 83 98 Mail: info@webitbe.be   2.3 Hosting the site Host of the site: OVH Head office address: 2 rue Kellermann – F-59100 Roubaix   Article 3: Definitions The purpose of this clause is to define the various essential terms of the contract: User: this term refers to anyone who uses the site or any of the services offered by the site User content: these are the data transmitted by the User within the site. Member: the User becomes a member when he is identified on the site. Username and password: this is all the information necessary to identify a User on the site. The username and password allow the User to access services reserved for members of the site. The password is confidential. Article 4: Access to services The site allows the User free access to the following services: Presentation of services and /or Order of services or equipment The site is accessible free of charge to any user with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at his expense. The site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not undertake to reach this result. Any event due to a case of force majeure resulting in a malfunction of the network or server does not engage the responsibility of emanet.org. Access to the services of the site may be subject to interruption, suspension, modification without notice for maintenance or any other case at any time. The User undertakes not to claim any compensation following the interruption, the suspension or the modification of this contract. The User has the possibility to contact the site by e-mail at: karel.vandiest@emanet.org Article 5: Intellectual Property The trademarks, logos, signs and other content of the site are protected by the Code of Intellectual Property and more specifically by copyright. The User requests the prior authorization of the site for any reproduction, publication, copy of the various contents. The User agrees to use the contents of the site in a strictly private setting. Use of the content for commercial purposes is strictly prohibited. Any content posted by the User is his sole responsibility. The User agrees not to put on line content that may affect the interests of third parties. Any court action brought by an injured third party against the site will be borne by the User. The content of the User may be at any time and for any reason deleted or modified by the site. The User receives no justification and notification prior to the deletion or modification of the User Content. Article 6: Liability and force majeure The sources of information disseminated on the site are deemed reliable. However, the site reserves the faculty of a non-guarantee of the reliability of the sources. The information given on the site is for informational purposes only. Thus, the User assumes sole responsibility for the use of the information and contents of this site. Any use of the service by the User directly or indirectly resulting in damage must be compensated for the benefit of the site. An optimal guarantee of the security and the confidentiality of the transmitted data is not ensured by the site. However, the site is committed to implementing all necessary means to best guarantee the security and confidentiality of data. The responsibility of the site can not be committed in case of force majeure or the unpredictable and insurmountable fact of a third. Article 7: Hypertext links May contain a number of hypertext links to other sites. However, does not have the ability to check the content of the sites visited, and therefore assume no liability for this fact.     Article 8: Cookies The navigation on the site emanet.org  may cause the installation of cookie (s) on the computer of the user. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the site, and are also intended to allow various measures of attendance. The User can disable the installation of cookie (s) by adjusting the settings of their browser software. The site emanet.org  uses the analysis tool “Google Analytics”. The data collected are statistical data of site visits, non-nominal. They are harvested for the following purposes: – Check that the intended audience is reached; – Improve the natural referencing of …

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