General conditions of use and sale
The website
The 'Cass'a Nova'
(hereinafter the “ Platform ”)
is an initiative of:
Ecomac International
C. Dubois 49
1342 Ottignies-Louvain-La-Neuve
Company number (BCE/VAT): BE0831641772
Email: hello @lacassanova.com
(hereinafter “ Ecomac International ” or the “ Seller ”)
Host: Shopify Inc. Address: 150 Elgin Street Suite 800 Ottawa, Ontario K2P 1L4 Canada
GENERAL CONDITIONS OF USE
1. Scope of application
These general conditions of use (hereinafter the " CGU ") apply to any visit or use of the Platform and its information by an Internet user (hereinafter " User ").
By visiting or using the Platform, the User acknowledges having read these T&Cs and expressly accepts the rights and obligations mentioned therein.
The provisions of the T&Cs may exceptionally be waived by written agreement. These waivers may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the T&Cs.
We reserve the right to modify our T&Cs at any time, without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or territory and that you are the age of majority in your state or province or territory and you have given us your consent to allow any of your minor dependents to use this site.
2. Platform
a. Access and navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer an absolute guarantee of operability and our actions must therefore be considered as being covered by an obligation of means.
Any use of the Platform is always at the User's own risk. Thus, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or interrupt its operation at any time, without prior notice.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state, province or territory and that you are the age of majority in your state or province or territory and you have given us your consent to allow any of your minor dependents to use this site.
b. Content
Ecomac International largely determines the content of the Platform and takes great care of the information on it. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without incurring any liability.
Ecomac International cannot offer an absolute guarantee regarding the quality of the information on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently precise or up to date. Consequently, Ecomac International cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information on the Platform.
If any content on the Platform violates the law or the rights of third parties, or is contrary to morality, we ask you to inform us as soon as possible by email so that we can take appropriate measures.
Any download from the Platform always takes place at the User's own risk. Ecomac International cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User's computer system, which are entirely and exclusively the responsibility of the latter.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
c. Services reserved for registered Users
1) Registration
Access to certain services is conditional upon the User's registration.
Registration and access to the Platform's services are reserved exclusively for legally capable individuals who have completed and validated the registration form available online on the Platform as well as these T&Cs.
When registering, the User undertakes to provide accurate, sincere and up-to-date information about himself and his civil status. The User must also regularly verify the data concerning him in order to maintain its accuracy.
The User must therefore imperatively provide a valid e-mail address, to which the Platform will send him a confirmation of his registration to its services. An e-mail address cannot be used several times to register for the services.
Any communication made by 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, where appropriate, to respond within a reasonable time.
Only one registration is permitted per natural person.
The User is assigned an identifier allowing him to access a space to which access is reserved for him (hereinafter " Personal Space "), in addition to entering his password.
The username and password can be changed online by the User in their Personal Space. The password is personal and confidential, and the User therefore undertakes not to communicate it to third parties.
In any event, Ecomac International reserves the right to refuse a request for registration for the Platform's services in the event of non-compliance by the User with the T&Cs.
2) Unsubscribe
The regularly registered User may request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the form provided for this purpose.
d. Content published by the User
The User undertakes to comply with the laws in force through each of his publications on the Platform. He will be particularly attentive to the interests of third parties, to offensive content as well as to content likely to be contrary to public order or morality. The User remains responsible for any content published on the Platform.
The Platform may exercise moderation on any publication and refuse to put content online without having to provide justification. Similarly, content published by a User may be modified or deleted without reason or delay.
By publishing on the Platform, the User grants Ecomac International, free of charge and on a non-exclusive basis, the right to represent, reproduce, adapt, modify, distribute and broadcast, directly or indirectly, on any medium and throughout the world, the published content.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between Ecomac International and the external website or even that an implicit agreement exists with the content of these external sites.
Ecomac International has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he leaves the Platform. We cannot therefore be held responsible for any subsequent damage.
4. Intellectual property
The structure of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which compose it or which are accessible via the Platform are the property of the publisher and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, with the exception of elements expressly designated 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 use. Unless prior written consent is obtained, Users are not authorized to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering data on the Platform which would modify or which could modify its content or appearance.
5. Protection of personal data
The personal data provided by the User during his visit or use of the Platform are collected and processed by Ecomac International exclusively for internal purposes. Ecomac International assures its users that it attaches the greatest importance to the protection of their privacy and their personal data, and that it always undertakes to communicate clearly and transparently on this point.
Ecomac International undertakes to comply with the applicable legislation in this area, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
The User's personal data is processed in accordance with the Privacy Policy available on the Platform.
6. Exclusion of warranties and limitation of liability
We do not guarantee, warrant or represent that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Ecomac International, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. possibility that they will occur.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
7. General provisions
Ecomac International reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice, and without incurring liability.
In the event of a violation of the T&Cs by the User, Ecomac International reserves the right to take appropriate sanction and remedial measures. In particular, Ecomac International reserves the right to refuse the User any access to the Platform or to our services temporarily or permanently. These measures may be taken without giving any reason and without notice. They cannot engage the liability of Ecomac International or give rise to any form of compensation.
The total or partial illegality or invalidity of a provision of our T&Cs will have no impact on the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
8. General provisions
The site uses cookies to improve the user experience. Users can set their browser to accept or reject cookies.
Protection of personal data:
The company is committed to protecting users' personal data in accordance with applicable personal data protection laws.
1. Scope of application
The General Terms and Conditions express the entirety of the parties' obligations. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
The provisions of the General Terms and Conditions may exceptionally be waived to the extent that these waivers have been agreed in writing. These waivers may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the General Terms and Conditions.
Ecomac International reserves the right to modify the T&Cs from time to time. The modifications will be applicable as soon as they are posted online for any purchase after this date.
2. Online store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs 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.
Products and services are offered subject to availability.
Prices and taxes are specified in the online store.
3. Price
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in effect at the time of the order will apply, subject to availability on that date.
Prices are indicated in euros and do not take into account any possible delivery costs, which are indicated and invoiced in addition before the order is validated by the Customer.
The total amount of the order (all taxes included) and, where applicable, delivery costs is indicated before final validation of the order form.
4. Online ordering
The Customer has the option to fill out an order form online, using an electronic form. By filling out the electronic form, the Customer accepts the price and description of the products or services.
For his order to be validated, the Customer must accept these General Terms and Conditions by clicking on the place indicated.
The Customer must provide a valid email address, billing details and, where applicable, a delivery address. Any exchange with the Seller may take place using 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 with the Customer's account until the problem is resolved.
5. Confirmation and payment of the order
The Seller remains the owner of the items ordered until receipt of full payment for the order.
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 signature.
The Customer guarantees to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale and to the payment of the sums due under the order.
The Seller has implemented a procedure for verifying orders and means of payment intended to provide reasonable protection against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In the event of refusal of authorization of payment by bank card by accredited organizations 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 fully or partially paid for a previous order or with whom a payment dispute is in progress.
Confirmation
Upon receipt of the validation of the purchase accompanied by payment, the Seller transmits it to the Customer, as well as an 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 this effect to customer service (see contact details below) before delivery.
In the event of unavailability of a service or product, the Seller will keep the Customer informed by email as soon as possible in order to replace it or cancel the order for this product and possibly reimburse the related price, the remainder of the order remaining firm and final.
6. Proof
Communications, orders and payments between the Customer and the Seller may be proven using computerized records, stored in the Seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
7. Delivery
Delivery is only made after confirmation of payment by the Seller's banking institution.
The products are delivered to the address indicated by the Customer on the online form serving as a purchase order. Additional costs resulting from incomplete or incorrect information provided by the Customer will be invoiced to the Customer. For reasons of availability, an order may be subject to several successive deliveries to the Customer.
Shipping and delivery take place, depending on the method chosen by the Customer, within the following timeframes:
Between 2 to 5 days from the order date.
Delivery times are given for information purposes only. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If delivery times exceed thirty days from the order, the sales contract may however be terminated and the Customer reimbursed.
Verifying the order
Upon receipt of the products, the Customer or recipient checks the good condition of the product delivered 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 recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller.
The verification is considered to have been carried out once the Customer or a person authorized by him has received the order without issuing any reservations.
Any reservation not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the Seller from any liability towards the Customer.
Delivery error
In the event of a delivery error or non-conformity of the products with the information appearing on the order form, the Customer shall inform the Seller within three working days following the delivery date.
Any claim not made within the time limit will not be taken into account and will release 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 terms:
The deadline is 14 calendar days to express your return request. Once the request has been approved, a period of 14 days is granted to return the item.
To request a return, please contact us at hello @lacassanova.com or complete the withdrawal form available under the following link: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf
If your return is eligible, we will send you a return shipping label, as well as instructions on how and where to send your package. Items returned without a prior return request will not be accepted.
Return costs Belgium: 9.95 EUR incl. VAT
Return costs France, Luxembourg, Netherlands & Germany: 14.95 EUR incl. VAT
Return costs Other European countries: to be determined with the delivery service
The refund will be made upon receipt of the return.
Dispute resolution: http://ec.europa.eu/odr. The 2-year legal guarantee of conformity for consumer goods applies
Any claim or return not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release 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. Return costs are the responsibility of the Customer.
8. Guarantees
The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of conclusion of the contract.
- Guarantee of conformity
If the Customer is a consumer, he has a period of two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the product purchased was a second-hand good, 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 its discovery.
9. Right of withdrawal
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days following delivery of the goods or conclusion of the service contract.
After having communicated his decision to withdraw, the Customer then has 14 days to return or restore the goods.
Any withdrawal not made in accordance with the rules and deadlines defined by this article cannot be taken into account and will release the Seller from any liability towards the Customer.
The Customer may request a refund for the returned product, without penalty, with the exception of return costs which remain their responsibility.
The return or exchange of the product can only be accepted for products in their entirety, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
The Seller shall reimburse the Customer for all sums paid, including delivery costs, within 14 days of recovery of the goods or transmission of proof of shipment of these goods.
If the order concerns, in whole or in part, digital content not provided on a physical medium, the Customer hereby agrees to lose, for this digital content, his right of withdrawal in order to be delivered as soon as possible.
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Withdrawal form template For the attention of: Ecomac International Charles Dubois 49 Company number (BCE/VAT): BE0831641772 Email: hello @lacassanova.com I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the service (*) below: ________________________________ ________________________________ ________________________________ Ordered on (*)/received on (*): __________ Name of consumer(s): __________ Address of consumer(s): __________ Signature of the consumer(s) (only if this form is notified on paper): ____________________ Date : __________ * Delete as appropriate |
10. Entire Agreement
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
11. Force majeure
If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond its control, this is considered force majeure.
In the event of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, for the entire duration of the force majeure. The Seller shall immediately notify the Customer.
If the force majeure continues for more than 90 days without interruption, each party to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. The services already performed by the Seller will nevertheless be invoiced proportionally to the Customer.
12. Independence of clauses
The total or partial illegality or invalidity of a provision of these General Terms and Conditions shall have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.
13. Applicable law and competent jurisdiction
These General Terms and Conditions are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller's registered office.