GENERAL CONDITIONS OF USE AND SALE
​
Updates on July 02, 2020
Website
(hereinafter the "Platform")
is an initiative of:
Shizuka
Rue Denis Deceuster 49 A
1330 Rixensart
Belgium
Company number (BCE/VAT): BE 0555454563
Email: contact@shizuka.bio
Telephone: (0032)022597878
(hereinafter "Shizuka" or the "Seller")
I. GENERAL CONDITIONS OF USE
1. Scope
These general conditions of use (hereinafter the "GTU") 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.
It may exceptionally be derogated from the provisions of the T&Cs by written agreement. These derogations 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 notification, but we undertake to apply the provisions that were in force at the time you used our Platform.
​
2. Platform
has. 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 damages that may result from possible malfunctions, interruptions, defects or even harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without obligation of prior notification.
b. Content
Shizuka 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 liability being incurred.
Shizuka cannot offer absolute guarantees 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, Shizuka cannot be held liable for any damages, direct or indirect, that the User may suffer from the information present on the Platform.
If certain content on the Platform is in violation of the law or the rights of third parties, or is contrary to morality, we ask that you inform us as soon as possible by email so that we can take appropriate measures.
Any downloading from the Platform always takes place at the risk of the User. Shizuka 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 is entirely and exclusively the responsibility of the latter.
vs. Services reserved for Registered Users
1) Registration
Access to certain services is conditional on 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 on his person and his marital status. The User must also regularly check the data concerning him in order to maintain its accuracy.
The User must therefore imperatively provide a valid e-mail address, on which the Platform will send him a confirmation of his registration for its services. An e-mail address cannot be used more than once 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 on this e-mail address and, if necessary, to respond within a reasonable time.
Only one registration is allowed per natural person.
The User is assigned an identifier allowing him to access a space whose access is reserved for him (hereinafter "Personal Space"), in addition to entering his password.
The username and password can be modified online by the User in his Personal Space. The password is personal and confidential, the User thus undertakes not to communicate it to third parties.
In any event, Shizuka reserves the right to refuse a request to register for the services of the Platform in the event of non-compliance by the User with the T&Cs.
2) Unsubscribe
The regularly registered User may at any time request to unsubscribe by going to the dedicated page in his 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.
​
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 Shizuka and the external website or even that an implicit agreement exists with the content of these external sites.
Shizuka has no control over external websites. We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he leaves the Platform. We cannot therefore be held liable 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 content, trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, except exception of elements expressly designated as free of rights on the Platform.
The Platform User 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. Except with prior written agreement, Users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering data on the Platform that would modify or 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 is collected and processed by Shizuka exclusively for internal purposes. Shizuka assures its users that it attaches the utmost importance to the protection of their privacy and their personal data, and that it is always committed to communicating clearly and transparently on this point.
Shizuka undertakes to comply with the applicable legislation in this area, namely the Law of 8 December 1992 relating to the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 relating 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. Applicable law and competent jurisdiction
These T&Cs 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 where Shizuka has its registered office.
​
7. General provisions
Shizuka reserves the right to modify, extend, delete, limit or discontinue the Platform and the associated services at any time, without prior notification, and without incurring its liability.
In the event of violation of the T&Cs by the User, Shizuka reserves the right to take appropriate sanction and reparation measures. Shizuka notably reserves the right to deny the User any access to the Platform or our services temporarily or permanently. These measures can be taken without giving any reason and without notice. They cannot engage Shizuka's liability or give rise to any form of compensation.
The illegality or total or partial invalidity of a provision of our T&Cs will have no impact on the validity and application of the other provisions. We have, in such a case, the right to replace the provision with another valid provision of similar scope.
II. TERMS OF SALES
1. Scope
These general conditions of sale (hereinafter the "GTC") define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter "Customer").
The T&Cs express all of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
It may exceptionally be derogated from the provisions of the GCS insofar as these derogations have been the subject of a written agreement. These derogations 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 GCS.
Shizuka reserves the right to modify the T&Cs from time to time. The modifications will be applicable as soon as they are put 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 responsibility of the Seller cannot be engaged as a result.
Products and services are offered within the limits of their 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 rates indicated and the taxes in force at the time of the order will apply, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced in addition before the validation of the order 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. Order online
The Customer has the option of completing an order form online, using an electronic form. By completing 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 T&Cs by clicking where indicated.
The Customer must provide a valid e-mail address, billing details and, where applicable, a delivery address. Any exchange with the Seller may take place using this e-mail 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 on 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.
has. Payment
The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation takes the place of 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 as well as to the payment of the sums due under the order.
The Seller has set up a procedure for checking orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In the event of refusal to authorize payment by credit card from accredited bodies 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 a previous order or with whom a payment dispute is in progress.
b. Confirmation
Upon receipt of the validation of the purchase accompanied by the payment, the Seller sends it to the Customer, as well as an invoice, except delivery of the latter 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 case of unavailability of a service or a product, the Seller will keep the Customer informed by e-mail as soon as possible in order to replace it or to cancel the order of this product and possibly to refund the related price, the rest of the order remaining firm and definitive.
6. Evidence
Communications, orders and payments made between the Customer and the Seller may be proven through computerized registers, kept 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 bank.
The products are delivered to the address indicated by the Customer on the online form equivalent to the order form. Additional costs arising from incomplete or incorrect information by the Customer will be charged to him. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
The delivery takes place, according to the method chosen by the Customer, within the following deadlines:
Standard delivery 5 working days
Delivery times are indicative. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If the delivery times exceed thirty days from the order, the sales contract may however be terminated and the Customer reimbursed.
has. Order verification
Upon receipt of the products, the Customer or the 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 the recipient must make the necessary reservations to the carrier at the time of delivery and immediately notify the Seller.
The verification is considered to have been carried out when the Customer or a person authorized by him has received the order without expressing any reservations.
Any reservation not made in the rules defined above and within the time limits cannot be taken into account and will release the Seller from any liability vis-à-vis the Customer.
b. Delivery error
In the event of a delivery error or non-compliance of the products with the indications appearing on the order form, the Customer shall inform the Seller within three working days of the delivery date.
Any complaint not made within the time limit cannot be taken into account and will release the Seller from any liability vis-à-vis the Customer.
vs. Returns and Exchanges
The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, according to the following terms:
Product to be returned within 15 days of receipt of the order from our customer
Any complaint and any return not made in the rules defined above and within the time limits cannot be taken into account and will release the Seller from any liability vis-à-vis the Customer.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. Return costs are the responsibility of the Customer.
8. Warranties
The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of the conclusion of the latter.
has. Compliance Guarantee
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 purchased product 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 the finding thereof.
9. Right of withdrawal
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days following the delivery of the goods or the conclusion of the service contract.
After communicating his decision to withdraw, the Customer then has 14 days to return or return the goods.
Any withdrawal not made according to the rules and deadlines defined by this article cannot be taken into account and will release the Seller from any liability vis-à-vis the Customer.
The Customer may request reimbursement of the returned product, without penalty, with the exception of the return costs which remain at his expense.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in salable condition.
The Seller must reimburse the Customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of proof of the shipment of these goods.
If the order concerns, in whole or in part, digital content not provided on a material medium, the Customer hereby agrees to lose, for this digital content, his right of withdrawal in order to be delivered as soon as possible.
Model withdrawal form
To the attention of :
Shizuka
Rue Denis Deceuster 49 A
1330 Rixensart
Belgium
Company number (BCE/VAT): BE 0555454563
Email: contact@shizuka.bio
Telephone: (0032)022597878
​
I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
________________________________
________________________________
________________________________
Ordered on (*)/received on (*): __________
Name of consumer(s): __________
Address of consumer(s): __________
Signature of the consumer(s) (only in case of notification of this form on paper):
____________________
Date : __________
* Strike out what is not applicable
​
10. Data Protection
The Seller will keep in its computer systems and under reasonable security conditions proof of the transaction including the order form and the invoice.
The Seller guarantees its Customer the protection of the latter's personal data in accordance with the Privacy Policy available on the Platform.
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, then it is a question of 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 duration of the force majeure. The Seller immediately notifies the Customer.
If the force majeure continues for more than 90 days without interruption, each of the parties 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 in proportion to the Customer.
12. Independence of clauses
The illegality or the total or partial nullity of a provision of these GCS will 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 T&Cs 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.