I. CONFIDENTIALITY DECLARATION
Last updated: March 16, 2020
We take your privacy seriously. This statement explains what information we collect about you, how we may use it, and the steps we take to ensure it remains secure while you are using www.saya-pro.com.
Your data is processed in order to deliver our products to you. By using saya-pro.com, you agree that we collect and process your personal data in accordance with this privacy statement.
1. Parties
Saya-pro.com, Juan Bertrand (hereinafter "SAYA" or the "Data Controller")
Rue de la Bourlotte, 2.
7850 Petit-Enghien
Belgium
ECB / VAT: BE0826 165 529
Mail: Info@saya-pro.com
Phone: +32 2 315 40 27
The term "User" refers to any user, whether natural or legal, who visits or interacts in any way with the site.
2. Processing of personal data
In accordance with the general data protection regulations (GDPR), we treat your personal data with care and in accordance with the uses specified in this confidentiality declaration. We also provide appropriate technical and organizational security measures to ensure integrity and confidentiality and to prevent the loss and unlawful use of this personal data.
3. Purpose of processing personal data
We collect and process your personal data to ensure the sale of the products offered by the site, for the preparation and dispatch of orders, for invoicing as well as for the purposes of direct prospecting, development of commercial statistics and management of newsletters.
4. Information we may collect
a. Personal data
The data that you communicate to us when creating a user account, by subscribing for a newsletter, by contacting us by phone or email. This includes, but is not limited to, your name, email address, phone number and mailing address.
We only share your data with third parties if this is necessary for the fulfillment of an order or to any police or administrative authority in the context of legal requisitions concerning the fight against fraud.
b. The data we add or keep
Customer number, customer history, your IP address.
c. Cookies
We use cookies to store information while you visit our website.
You can configure your browser to refuse or delete our cookies. However, this may affect the proper functioning of the website.
Type of cookies that we store on your device and duration of storage:
- Functional language choice cookie: 30 days
- Functional basket cookie: 30 days
- Functional product sorting cookie: Current session
- Functional cookie for displaying the list of products: Current session
- Functional product filtering cookie: Session in progress
- Functional reduction code cookie: Current session
d. Contact with customer service.
In order to serve you better, we may keep information exchanged during our telephone or email contact.
5. Duration of storage of users' personal data
We only keep your data for the time necessary to serve you as a customer, unless the law requires us to do so for a longer period.
6. Right of Users
At any time, the user can exercise his rights by sending a message by e-mail to the following address: info@saya-pro.com or by letter by post addressed, attaching a copy of his identity card to the following address:
Rue de la Bourlotte, 2.
7850 Petit-Enghien.
Belgium.
a. Permission to access
Saya guarantees the user the right to obtain access to personal data as well as the following information:
- The purposes of the processing.
- The categories of personal data concerned;
- The recipients or categories of recipient to whom the personal data have been or will be communicated;
- When possible, the envisaged period of retention of personal data or, when this is not possible, the criteria used to determine this period;
b. Right of rectification and addition
If the data is incorrect or incomplete and you cannot correct it yourself on the website, please inform us via info@saya-pro.com or by letter.
c. Right of deletion, right to restriction or to dispute
The user has the right to obtain the erasure of his personal data. In the event of a request for the deletion of personal data, we will proceed to the deletion of said data as soon as possible provided that we are not obliged, for legal reasons, to keep it for a given period.
d. Right lo limit or oppose the processing of your data.
e. Right to portability of collected data.
f. Ask a question and right to complain
If you have any questions regarding our privacy statement please do not hesitate to contact us via email at Info@saya-pro.com. You can also contact the Data Protection Authority responsible for Belgian territory:
https://www.autoriteprotectiondonnees.be
Data Protection Authority
Press Street 35
1000 Brussels
Phone. +32 2 274 48 00
E-mail: contact@apd-gba.be
II. GENERAL CONDITIONS OF USE AND SALE
(Updated on 03/01/2020)
The website :
www.saya-pro.com
(hereinafter the "Platform")
is an initiative of:
Juan Bertrand
Rue de la Bourlotte 2
7850 Petit-Enghien
Belgium
Company number (BCE / TVA): BE 0826 165 529
E-mail: Info@saya-pro.com
Telephone: +32 2 315 40 27
(hereinafter "Juan Bertrand" or the "Seller")
A. GENERAL CONDITIONS OF USE
1. Scope
These general conditions of use (hereinafter the "GCU") 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 GCU and expressly accepts the rights and obligations mentioned therein.
Exceptionally, the terms of the GCU may be waived by written agreement. These derogations can consist in the modification, the addition or the deletion of the clauses to which they relate and have no incidence on the application of the other provisions of the GCU.
We reserve the right to modify our GCU at any time, without prior notification, but we undertake to apply the provisions which were in force when you used our Platform.
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 we must therefore consider our actions 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 damage that may result from possible malfunctions, interruptions, faults 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 prior notification obligation.
b. Content
Juan Bertrand 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, precise 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.
Juan Bertrand cannot offer an absolute guarantee concerning the quality of the information present on the Platform. It is therefore possible that this information is not always complete, exact, sufficiently precise or up to date. Consequently, Juan Bertrand cannot be held responsible for any damage, direct or indirect, that the User would suffer from by 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 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 risk of the User. Juan Bertrand cannot be held liable for any damage, direct or indirect, arising 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.
c. Services reserved for registered Users
Registration
The platform is dedicated to the wholesale of fashion jewelry and is intended only for professionals in the sector. Registration and access to the Platform's services are reserved exclusively for legally capable natural persons and companies, who have completed and validated the registration form available online on the Platform as well as these GCU.
When registering, the User undertakes to provide accurate, sincere and up-to-date information on his person or on the company for which the use acts. The User must also carry out a regular verification of the data concerning him in order to maintain its accuracy.
The User must imperatively provide a valid e-mail address, on which the Platform will send him a confirmation of his registration for his services. An email address cannot be used more than once to register for 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 reply within a reasonable time.
Only one registration is allowed per natural person or company.
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 his Personal Space. The password is personal and confidential, the User thus undertakes not to communicate it to third parties.
Juan Bertrand reserves in any event the possibility of refusing a request for registration to the services of the Platform in the event of non-compliance by the User of the GCU.
Unsubscribe
The regularly registered User may at any time request unsubscription by email to info@saya-pro.com. Any unsubscription from the Platform will be effective as soon as possible after receipt of the request.
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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 Juan Bertrand and the external website or even that an implicit agreement exists with the content of these external sites.
Juan Bertrand has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. From the moment the User clicks on the hyperlink, he leaves the Platform. We cannot therefore be held liable in the event of subsequent damage.
4. Intellectual property
The structuring 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 express prior written authorization of the publisher, is strictly prohibited, at the except the elements expressly designated as free of rights on the Platform.
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 the use of the Platform are collected and processed by Juan Bertrand exclusively for internal purposes. Juan Bertrand assures his users that he attaches the utmost importance to the protection of their privacy and personal data, and that he always undertakes to communicate in a clear and transparent manner on this point.
Juan Bertrand undertakes to comply with the legislation applicable in this area, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on 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 GCU 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 Juan Bertrand has its registered office.
7. General provisions
Juan Bertrand reserves the right to modify, extend, delete, limit or interrupt the Platform and the associated services at any time, without prior notification, and without incurring any liability.
In case of violation of the GCU by the User, Juan Bertrand reserves the right to take appropriate sanction and repair measures. Juan Bertrand notably reserves the right to refuse the User any access to the Platform or to our services temporarily or permanently. These measures can be taken without giving any reason and without notice. They cannot engage the responsibility of Juan Bertrand or give rise to any form of compensation.
The illegality or total or partial nullity of a provision of our GCU 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.
B. GENERAL TERMS AND CONDITIONS OF SALE
1. Scope
These General Terms and Conditions of Sale (hereinafter the "GTCS") 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 GTCS express all the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
Exceptions may exceptionally be made to the provisions of the GTCS insofar as these derogations have been the subject of a written agreement. These derogations may consist in the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GTCS.
Juan Bertrand reserves the right to modify the GTCS 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 sold, without the photographs having any contractual value.
The products 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.
The products and services are offered within the limit 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 prices indicated and the taxes in force at the time of the order will apply, subject to availability on this 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, if applicable, delivery costs is indicated before final validation of the order form.
4. Order online
The Customer has the possibility of filling out an order form online, using an electronic form. By filling in 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 GTCS by clicking on the place indicated.
The Customer must provide an email address, billing details and a valid 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 method of payment.
The Seller reserves the right to block the Customer's order in the event of default of payment, incorrect address or any other problem on the Customer's account, until resolution of the problem.
5. Confirmation and payment of the order
The Seller remains the owner of the items ordered until receipt of full payment for the order.
a. Payment
The Customer makes the payment at the time of the final validation of the order using the chosen method of payment. 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 as well as the payment of the sums due under the order.
The Seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee him 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 settled a previous order or with whom a payment dispute is in progress.
b. Confirmation
Upon receipt of payment, the Seller informs the customer and sends him an invoice, except delivery of the latter with the order.
The Customer may request that the invoice be sent to a different address from that of delivery by sending a request to this effect to customer service (see contact details below) before delivery.
In case of unavailability of a product, the Seller will keep the Customer informed by email as soon as possible in order to replace or cancel the order of this product and possibly to reimburse the related price, the rest of the order remaining firm and final.
6. Evidence
The communications, orders and payments made between the Customer and the Seller can be proven using computerized registers, 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 organization.
The products are delivered to the address indicated by the Customer on the online form worth order form. Additional costs arising from incomplete or incorrect information by the Customer will be invoiced to him. For reasons of availability, an order may be subject to several successive deliveries to the Customer.
Delivery takes place, depending on the method chosen by the Customer, within 2 to 3 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.
a. Verification of the order
Upon receipt of the products, the Customer or the recipient checks the good condition of the delivered products.
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 inform the Seller thereof.
Verification is considered to have been carried out as soon as the Customer or a person authorized by him has received the order without making any reservations.
Any reservation not made in the rules defined above and within the time limits could not be taken into account and will release the Seller from any responsibility to the Customer.
b. Delivery error
In the event of a delivery error or non-conformity of the products in relation to the indications appearing on the order form, the Customer shall inform the Seller thereof within three working days of the delivery date.
Any claim not made within the time limit will not be taken into account and will release the Seller from any responsibility to the Customer.
c. Returns and exchanges
The product to be exchanged or reimbursed must be returned to the Seller in its entirety and in its original packaging by mail within 30 days from the date of delivery of the order, to the following address:
Saya Pro, Customer Service
Rue de la Bourlotte, 2
7850 Petit-Enghien
Belgium
Any complaint and any return not made in the rules defined above and within the time limits could not be taken into account and will release the Seller from any responsibility to the Customer.
Any product to be exchanged or reimbursed must be returned to the Seller as a whole and in its original packaging. Return costs are the responsibility of the Seller.
8. Guarantees
The Seller's warranty is limited to the warranty for hidden defects. The seller is only liable for damages which are the result of intentional or gross negligence. The seller is not responsible for any general or specific indirect damage of any kind suffered by the Buyer.
9. Data protection
The Seller will keep in his computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice.
The Seller guarantees his Customer the protection of his personal data in accordance with the Privacy Policy available on the Platform.
10. Force majeure
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond his control, then force majeure is involved.
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.
11. Independence of clauses
The illegality or the total or partial nullity of a provision of these GTCS will have no impact on the validity and the application of the other provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.
12. Applicable law and competent jurisdiction
These GTCS 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 registered office of the Seller.