Legal
Terms & conditions
The general conditions applicable to this website and our services.
1. Introduction
These general conditions apply to this website and to transactions relating to our products and services. You may be bound by additional contracts related to your relationship with us or to any product or service you receive from us. In the event of a conflict between the provisions of these additional contracts and those of these general conditions, the provisions of the additional contracts shall prevail.
2. Binding
By registering, accessing or using this website, you agree to be bound by these general conditions. Use of this website implies knowledge and acceptance of these general conditions. In certain specific cases, we may also ask for your explicit consent.
3. Electronic communication
By using this website or communicating with us electronically, you accept and acknowledge that we may communicate with you electronically on our website or by sending you an email, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement, including, but not limited to, the requirement that such communications be made in writing.
4. Intellectual property
We or our licensors own and control all copyrights and other intellectual property rights relating to the website and to the data, information and other resources displayed or accessible on the website.
4.1 All rights reserved
Unless otherwise stated in the content, no licence or other right is granted to you under copyright, trademarks, patents or other intellectual property rights. This means that you may not use, copy, reproduce, perform, display, distribute, integrate into electronic media, modify, reverse engineer, decompile, transfer, download, transmit, monetise, sell, market or commercially exploit, in any form whatsoever, the resources of this website without our prior written authorisation, except in cases provided by law (such as the right to quote).
5. Newsletter
Notwithstanding the above, you may transmit our newsletter in electronic form to other persons who may be interested in visiting our website.
6. Third-party property
Our website may contain hypertext links or other references to third-party websites. We do not control or review the content of third-party websites accessible from ours. The products or services offered by these sites are subject to their own general conditions. The opinions expressed or content published on these sites do not necessarily reflect our own.
We decline any responsibility for the privacy practices and content of these sites. You assume all risks related to the use of these websites and the associated third-party services. We assume no responsibility for any loss or damage, of any nature and whatever the cause, resulting from the disclosure of your personal information to third parties.
7. Responsible use
By visiting our website, you agree to use it only for the intended purposes and in accordance with these Conditions of use, any additional contract concluded with us, as well as generally accepted laws, regulations and online practices and the applicable industry guidelines. You must not use our website or our services to use, publish or distribute any content containing (or linked to) malware; to use the data collected on our website for commercial prospecting purposes; nor to carry out systematic or automated data collection activities on or in connection with our website.
Any activity likely to damage the website or hinder its operation, availability or accessibility is strictly prohibited.
8. Refund and return policy
8.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without having to justify your reasons.
The withdrawal period expires 14 days after the conclusion of the contract.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear and unequivocal statement (for example, a letter sent by post, fax or email). Our contact details are listed below. You may use the attached withdrawal form, but this is not mandatory.
You may also complete and electronically submit the standard withdrawal form or any other unequivocal statement on our website.
If you use this option, we will send you without delay an acknowledgement of receipt of your withdrawal request on a durable medium (for example by email).
To meet the withdrawal period, it is sufficient to send your communication relating to the exercise of your right of withdrawal before the expiry of this period.
8.2 Effects of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer), without undue delay and no later than 14 days after the date on which we are informed of your decision to withdraw. This refund will be made using the same means of payment as that used for the initial transaction, unless you have expressly agreed otherwise; in any case, this refund will not incur any costs for you.
If you requested the start of the provision of services during the withdrawal period, you will have to pay us an amount proportional to what has been provided until you communicated your withdrawal from this contract, in relation to the total coverage of the contract.
Please note that the right of withdrawal includes certain legal exceptions and that some items cannot therefore be returned or exchanged. We will inform you if this applies to your situation.
9. Content published by you
We may make available to you various open communication tools on our website, such as comments and blog articles, forums, discussion spaces, rating and review systems, as well as various social network services. It is impossible for us to control or monitor all the content that you or other users may share or submit on or via our website. However, we reserve the right to review content, monitor any use and activity on our website, and remove or refuse any content at our sole discretion. By publishing information or using the open communication tools mentioned, you agree that your content complies with these General conditions and is neither illegal, nor unlawful, nor infringes the legal rights of others.
10. Idea submission
Please do not submit to us any ideas, inventions, works of the mind or other information that could be considered your intellectual property, unless we have previously signed an intellectual property agreement or a confidentiality agreement. By disclosing this information to us without such a written agreement, you grant us a worldwide, irrevocable, non-exclusive and free licence authorising us to use, reproduce, store, adapt, publish, translate and disseminate your content on any existing or future medium.
11. Cessation of use
We may, at our sole discretion and at any time, modify or discontinue access to the website or to any related service, temporarily or permanently. You agree that we are not liable to you or any third party for any modification, suspension or interruption of your access to the website or its use, nor for any content you may have shared there. You will not be entitled to any compensation or any other payment, even if certain features, certain settings and/or any content you contributed to or relied on are permanently lost. You are prohibited from circumventing or attempting to circumvent the access restriction measures put in place on our website.
12. Warranties and liability
No provision of this section may limit or exclude a legal warranty whose limitation or exclusion would be unlawful. This website and all its content are provided "as is" and "as available" and may contain inaccuracies or typographical errors. We expressly disclaim any warranty, express or implied, as to the availability, accuracy or completeness of the content. We do not guarantee that:
this website or our content will meet your requirements; this website will be available uninterrupted, fast, secure and error-free.
The information contained on this website is in no case legal, financial or medical advice. To obtain advice, please consult a competent professional.
The following provisions of this section will apply to the extent permitted by applicable law and may not limit or exclude our liability for any matter for which it would be illegal or unlawful to limit or exclude it. In no event shall we be liable for direct or indirect damages (including damages for loss of profits or revenue, loss or alteration of data, software or databases, or loss or damage to property or data) suffered by you or by a third party, resulting from your access to or use of our website.
Unless expressly stipulated otherwise in an additional contract, our maximum liability to you for any damages arising from the use of or related to the website, or the use of any product or service marketed or sold through it, whatever the nature of the action (contractual, tortious, quasi-tortious or other), will be limited to the total price you paid us for the acquisition of these products or services or for the use of the website. This limit will apply to all your claims, actions and causes of action, of any nature whatsoever.
13. Confidentiality
To access our website and/or our services, you may be required to provide certain personal information when registering. You undertake to ensure that all information provided is accurate, correct and up to date.
We have developed a policy to answer all your questions regarding the protection of your personal data. For more information, please consult our Privacy Statement and our Cookie Policy.
14. Export restrictions / Legal compliance
Access to this website is prohibited from territories or countries where its content or the purchase of the products or services offered there is illegal. You may not use this website in violation of Belgian export laws and regulations.
15. Assignment
You may not assign, transfer or subcontract, in whole or in part, your rights and/or obligations under these general conditions to a third party without our prior written consent. Any purported assignment in violation of this clause shall be null and void.
16. Breaches of these general conditions
Without prejudice to our other rights under these General conditions, if you breach these General conditions in any way, we may take the measures we deem appropriate to remedy this breach, including temporarily or permanently suspending your access to the website, contacting your Internet access provider to ask them to block your access to the website and/or initiating legal proceedings against you.
17. Force majeure
With the exception of payment obligations provided herein, no delay, failure or omission by either party to perform or comply with any of its obligations hereunder shall be considered a breach of these general conditions if and for as long as such delay, failure or omission results from a cause beyond the reasonable control of that party.
18. Indemnification
You agree to indemnify, defend and hold us harmless from any claims, liabilities, damages, losses and expenses related to your breach of these general conditions and applicable laws, in particular in the area of intellectual property rights and privacy. You undertake to reimburse us without delay for any damages, losses, costs and expenses related to or arising from these claims.
19. Waiver
Failure to enforce any of the provisions set out in these General conditions and in any Agreement, or failure to exercise a termination option, shall not be construed as a waiver of these provisions and shall not affect the validity of these General conditions or of any Agreement or any part thereof, nor the right to subsequently enforce each of the provisions.
20. Language
These general conditions shall be interpreted and applied exclusively in French. All notifications and correspondence shall be written exclusively in French.
21. Entire agreement
These general conditions, together with our privacy statement and our cookie policy, constitute the entire agreement between you and ExclusiveWay regarding your use of this website.
22. Update of these general conditions
We may be required to modify these General conditions. It is your responsibility to consult them regularly in order to be informed of any modifications or updates. The date appearing at the beginning of this document corresponds to the date of the last revision. Any changes made to these General conditions will come into force upon their publication on this website. By continuing to use this website after the publication of modifications or updates, you agree to be bound by these General conditions.
23. Choice of applicable law and jurisdiction
These General conditions are governed by Belgian law. Any dispute relating to these General conditions shall be submitted to the jurisdiction of the Belgian courts. If a provision of these General conditions is deemed invalid and/or unenforceable by a court or any other competent authority under the applicable law, this provision shall be modified, deleted and/or applied to the extent permitted by law in order to give effect to the intention of these General conditions. The other provisions shall remain fully applicable.
24. Contact details
This website is owned by ExclusiveWay and operated by the same company.
You may contact us regarding these general conditions via our contact page.