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General Conditions of Sale between
Belgian E-shops asbl
and Members

Preamble

LES E-SHOPS BELGES ABSL is a non-profit association under Belgian law, established at 1190 Forest, Rue des Anciens Étangs 40 (Belgium), and registered with the Crossroads Bank of Companies under No. 0801.473.683 (hereinafter “we”). We operate the website www.belgische-eshops-belges.be. Its aim is to promote local Belgian trade. To do this, we offer three categories of services (the “Services”):

By registering on the Platform, you acknowledge being bound by these general conditions. If you do not accept them, you will not be able to benefit from our Services.
Depending on the plan to which you subscribe, you can choose to benefit from only part of the Services that we offer. Certain provisions of these general conditions may therefore not apply to you.
We invite you to consult these documents for more information.

Article 1. Registration conditions

You must register on the Platform to benefit from our Services.

  1. To register, you must complete the Registration Form available on the Platform. We reserve the right to verify or have verified all or part of the information provided.
  2. By completing and submitting this Registration Form, you
    • guarantee that the data provided is accurate and error-free;
    • that they are not likely to deceive the consumer;
    • that the online store mentioned has its head office in Belgium and does not depend on any international structure;
    • that you have put in place technical and organizational measures to guarantee the confidentiality and security of the data (notably banking) of users of your online store; and
    • that it complies with Belgian law in all respects and that you do not violate the rights of third parties;
    • that you are an adult;
    • that you are entering into this contract for exclusively professional purposes; and
    • that you have read, understood and accepted the general conditions of sale and use of the Platform.
  3. We will use the email address provided during Registration, or the one you provide to us subsequently, as the primary means of communication.
    You confirm that you are able to receive and send emails and you agree to monitor your mailbox regularly.
  4. When you Register, a member account is automatically created on the Platform. You have access to it directly on the Platform via the dedicated tab. To log in, you must enter the email address and password that you provided in the Registration Form.

Article 2. Formulas

The three proposed formulas

We offer three types of annual subscription plans. The Services included in each Package are specified below:

  1. “BASIC Formula” (free):
    • Referencing your online sales site as described in Article 3;
    • Loading photos and videos (max 10);
    • Access to the free Gift Voucher service provided you register;
    • Free access to the private Facebook group;
  2. “ADVANCED Formula”:
    • All the services and benefits of the BASIC Formula;
    • Help and technical support to optimize the presence of your online store on the platform;
    • Participation in themes and promotions;
    • Posting products for sale online (max 10);
    • Visit statistics report on your member area;
    • Access to networking events;
  3. “PREMIUM Formula”:
    • All the services and benefits of the ADVANCED plan;
    • A blog post (SEO) *;
    • An advertising space *
    • The audit of the online store*;
    • Discount on training*;

When registering, you select the Plan of your choice.
* See rates in effect at the time of annual registration

Duration

The Plans are concluded for a period of 1 year. The selected formula:

Annual subscription:

The Packages are offered at the following prices:

We may, at the end of the Initial Period or each successive period, modify the amount of the Contribution by providing notification by email at least 30 days before the end of said period. If you continue to use our Services after receiving this notice, you will be deemed to accept the new Fee.

Transition to a higher formula:

You can request to upgrade to a higher plan at any time, provided you comply with the Payment terms.
In this case, a new Initial Period begins after receipt of payment of the Fee.

Contribution payment terms:

This article only applies to members who have subscribed to the ADVANCED Formula or the PREMIUM Formula.
After your Registration, we will send you an invoice showing the Contribution applicable to the Plan chosen during your Registration. You agree to pay this Contribution within 15 days following the date of the invoice.
Any amount owed by you, unpaid on its due date makes all amounts due due and payable immediately. Without prejudice to any other rights to remedies that we may have, we reserve the right to:

Article 3. SEO

All Plans offer the publication of a web page dedicated to the member's activity, with photos and videos on the Platform.
The extent of referencing varies depending on the Plan subscribed.

When you register, you will be asked to complete your personal store space with a summary of your activity as well as your logo and photos and/or videos. We reserve the right to supplement this content with information available on your website or any other publicly available information if your page is insufficiently complete.
You agree to provide us with true, accurate, current and complete information about your business.

You undertake to keep this information up to date by notifying us, by email, of any major change which would make the information published on the platform obsolete and/or incorrect. The changes are updated by you via your member area.

You are responsible for the content, including photos, images and descriptions, that you provide to us for publication on the presentation page of your e-commerce.
You agree to this content being published on the Platform as well as on any other media or means that we use to promote members.

Article 4. Gift vouchers

This article only applies to members who have returned the agreement for the activation of gift vouchers; this option is offered but requires e-shop tracking.
By giving your agreement through the agreement, you agree to participate in the gift certificate service, as described in this article.

How gift vouchers work

We sell gift vouchers for Visitors to use with members. Each Gift Voucher entitles you to an amount equivalent to its purchase value from one or more e-shops selected on the Site.
To redeem their gift certificate, the recipient of the gift certificate must select the merchant(s) with whom they wish to spend all or part of their gift certificate.
The amount of the gift certificate can be divided between several purchase codes.
Each purchase code is valid for only one member.
After confirmation of his choice, the Beneficiary receives one or more purchase code(s) in the form of a unique code to be used with the selected Merchant(s), for the selected amount.
The Beneficiary then goes to the e-commerce of the selected merchant, makes his purchases and, at the time of payment, enters the purchase code in the place provided on the page and the amount corresponding to the purchase code will be automatically deducted of the final amount of the shopping cart.

Generation of Purchase Codes

As soon as you register for the gift voucher service, you must generate purchase codes via the ad hoc tab in your member account. You should generate at least 10 per value (20/25/40/50/100 euros).
You understand that if you do not generate purchase codes, it is impossible for Gift Certificate Recipients to transform these into purchase codes for your online store.
You agree to make the purchase codes functional within 48 hours after registering for gift certificates.
You agree to regularly generate new purchase codes so that they are available to Beneficiaries at all times, particularly during the holiday season. After each use of one of your purchase codes, you receive an email with the planned reimbursement which allows you to track the number of purchase codes to be generated.

Use of purchase codes by the Beneficiary

You agree to accept the Beneficiaries' purchase codes as a means of payment on your online store and to adapt, if necessary, the order process to allow the use of the purchase codes.

Purchase codes must be registered with the following specifications:

It is your responsibility to familiarize yourself with how gift vouchers and purchase codes work and to ensure that they match your business activities.
We will not be able to provide specific technical assistance for the integration of purchase codes into your e-commerce, but we remain available for questions relating to the general operation of gift vouchers on our site.
Any breach of this clause will constitute a material breach of the contract within the meaning of article 7.

Validity period

The Beneficiary has one year to exchange their gift certificate for one or more purchase codes.

Purchase codes are valid indefinitely.

To the extent that we pay you the amounts corresponding to the purchase codes ordered within the week following their order by the Beneficiary, you undertake to accept all the purchase codes which have been ordered by a Beneficiary during the term of the Contract, even after the termination or resolution of this Contract.

Unused or partially used purchase codes

If the Beneficiary does not spend the entire amount of their purchase code, you are not required to reimburse them for the remaining balance.

Beneficiary Claims and Liability

You agree to promptly handle commercial requests, complaints and questions from Beneficiaries regarding your purchasing codes.

You will use your best efforts to process complaints within 7 business days.

You will notify us of any correspondence between you and the Beneficiary regarding the complaint and, generally, you will keep us informed of the progress of the processing of the complaint.

You will be directly liable to the Beneficiary in the event of a breach of Article 4, unless this liability results from negligence on our part.

Payments

For each purchase code used, you will receive within one week, an email informing you of its use, of the code itself and of the reimbursement of its amount.

We will transfer the total amount to you within 14 working days following the date of the order statement to the bank account you provided during your Registration.

We reserve the right to deduct from the total amount any unpaid amounts you owe us pursuant to Articles 2 and 4 before paying you the remaining balance.

The amount of the gift vouchers is fully paid to the e-retailers, reduced by any bank charges due when ordering the gift vouchers. The platform does not take any percentage of the amount of gift certificates.

Article 5. Duration of the contract

Duration and termination

In accordance with article 2, contracts are concluded for a period of 1 year.

The provisions contained in these general conditions are binding upon acceptance upon registration on the Platform. They remain applicable throughout the duration of the contract as provided for in article 2

If you fail to notify us 15 days before the expiry date, the contract is tacitly renewed for an additional year for the same formula.

Resolution

The contract may be terminated by one of the Parties, without any legal formality, within eight working days:

In the event of termination of the contract, the contribution paid for the current period, in accordance with Article 2, will not be refunded.

Article 6. Intellectual property

Intellectual property of Belgian E-shops

The brands, logos, texts, software, scripts, graphics, photos, sounds, music, as well as content of all kinds on the Platform (graphic illustrations, texts, etc.) are protected by intellectual property rights and mainly through copyright.

Intellectual property of members

By completing and submitting the Registration Form, you:

- declare and guarantee that the information and content transmitted and reproduced on your online store does not infringe the intellectual property rights of third parties, whether it is your property and/or you have the authorizations sufficient to use it and license it to the Platform, and

- you accept that the Platform can include on the Platform your brands, logos as well as all content of your site or your Pages on social networks (graphic illustrations, texts, etc.) and that references and hyperlinks to your e-commerce is carried out from the Platform.

Article 7. Platform and liability

We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of the Platform. However, we do not offer a guarantee of operability and our actions must therefore be considered as being covered by an obligation of means.

Although the information published on the Platform is deemed reliable, the content included on the Platform is mainly provided by third-party or partner sites (in particular in the form of hyperlinks), consequently, the Platform cannot offer any guarantee absolute regarding the quality of the information present on the Platform. It is therefore possible that this information is not always objective, complete, exact, sufficiently precise or up to date. Consequently, we cannot under any circumstances be held responsible for any damage, direct or indirect, that you suffer from the information on the Platform.

Despite regular updates, we cannot be held liable in the event of incomplete, erroneous or obsolete information communicated on the Platform.

We strive to quickly put information provided by members online. Once the page is validated, the member can update their page themselves.

We decline all responsibility for any viruses that may infect your computer equipment after use or access to the Platform.

Our maximum total liability under or in connection with the ADVANCED Formula and the PREMIUM Formula of this contract, whether under contractual, civil liability (including negligence) or otherwise, must in no way case be higher than the Contribution.

This clause cannot, however, have the effect of excluding our liability in the event of fraud, fraud or gross negligence.

The Platform is not a MarketPlace / online sales platform for products offered by members. It limits itself to promoting them. We are in no way party to the sales contract that could result from this promotion. Contracts concluded following a buyer's visit to the Platform are concluded directly between the member and the visitor.

Article 8. Backlinks

The member undertakes to place on their home page a return link to the site belgische-eshops-belges.be. Site logos exist in black on white or white on black.

Article 9. Miscellaneous provisions

The provisions of this contract constitute the entirety of the commitments made reciprocally by the parties. The contract cancels and replaces all previous agreements, written or oral, relating to the Services.

If a clause of the contract were void or irrelevant, it would be deemed unwritten and would not result in the nullity of the other provisions.

The contract and its amendments are subject to Belgian law. All disputes to which the execution of the parties' obligations may give rise fall under the exclusive jurisdiction of the courts of Brussels.


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