General Conditions of Use and Sale

Edited on 29 March 2021

The www.clean-air-solution.com website
and the clean-air-solution.com mobile application
(hereinafter jointly the "Platform") are an initiative of:
Szerman & Co scs
Avenue du Général de Ceuninck, 63 1020 Brussels Company number (BCE / VAT):
BE0886662152
E-mail: szerman.thierry@gmail.com
Phone: +32475514248
(hereinafter "Szerman & Co scs" or the “Seller")


I. GENERAL CONDITIONS OF USE

  1. Scope
    These general conditions of use (hereinafter the "T & Cs") 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.
    Exceptionally, the provisions of the T & Cs may be waived by written agreement. These exceptions
    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 notice prior, but we undertake to
    apply the provisions that were in force at the time you used our Platform.
  1. 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 a guarantee of absolute 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 any
    damage 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 prior notification obligation.
    b. Content
    Szerman & Co scs 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, complete or delete the Platform and its content at any time, without liability
    being incurred.
    Szerman & Co scs 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, Szerman & Co scs cannot be held liable for
    any damage, direct or indirect, that the User would suffer as a result of the information 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 User's risk.
  1. Links to other websites
    The Platform could contain links or hyperlinks to external websites. Such links do not
    automatically mean that there is a relationship between Szerman & Co scs and the external
    website or even that an implicit agreement exists with the content of these external sites.
    Szerman & Co scs 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.
  2. 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 in
    respect of intellectual property.
    Any representation, reproduction, adaptation or partial or total exploitation of the content,
    trademarks and services offered by the Platform, by any means whatsoever, without the prior,
    express and written authorization of the publisher, is strictly prohibited, to the 'exception of the
    elements expressly designated as free of rights on the Platform.
    The User of the Platform is granted a limited right of access, use and display of the Platform and
    its content. This right is granted on a non-exclusive, non-transferable basis and may only be used
    for personal, non-commercial use. Unless prior written consent, 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 would be
    likely to modify its content or appearance.
  3. Protection of personal data
    The personal data provided by the User during his visit or use of the Platform are collected and
    processed by Szerman & Co scs exclusively for internal purposes. Szerman & Co scs assures its
    users that it attaches the utmost importance to the protection of their privacy and personal data,
    and that it always undertakes to communicate clearly and transparently on this point.
    Szerman & Co scs 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 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.
  1. 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 Szerman & Co scs has its registered office.
  2. General provisions
    Szerman & Co scs 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 the event of violation of the T & Cs by the User, Szerman & Co scs reserves the right to take
    appropriate sanction and repair measures. Szerman & Co scs reserves the right in particular 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 Szerman & Co scs or give rise to any form of compensation.
    The illegality or total or partial nullity 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.

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 GTC express all the obligations of the parties. The Customer is deemed to accept them
    without reservation, failing which his order will not be validated.
    Exceptionally, the provisions of the GTCS may be waived 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 GTC.
    Szerman & Co scs reserves the right to modify the GTC 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 a 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's liability cannot be
    incurred 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 prices indicated and the taxes in effect 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.
  1. Order online
    The Customer has the possibility of completing an online order form, by means of 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 on the place
    indicated.
    The Customer must provide an e-mail address, his billing details and, if applicable, a valid 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.
  2. Confirmation and payment of the order
    Le Vendeur reste propriétaire des articles commandés jusqu'à la réception du paiement intégral
    de la commande.
    a. 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 signature.
    The Customer guarantees 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 exigibility 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 it against any fraudulent use of a means of payment, including by asking
    the Customer to
    identification data.
    In the event of refusal of authorization of payment by bank card on the part of 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 together with the payment, the Seller sends 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 a product, the Seller will keep the Customer informed
    by e-mail as soon as possible in order to replace him or to cancel the order for this product and
    possibly to refund the related price, the rest of the order remaining firm and final.
  1. Proof
    Communications, orders and payments between the Customer and the Seller can 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.
  2. Delivery
    Delivery is made only 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 serving
    as an order form. Additional costs resulting from incomplete or erroneous information by the
    Customer will be invoiced to him. For reasons of availability, an order may be the subject of
    several successive deliveries to the Customer.
    Delivery takes place, according to the method chosen by the Customer, within the following
    deadlines:
    Delivery, 6 to 8 days.
    Delivery times are indicative. No compensation can 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. Order verification
    On 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 once the Customer or a person authorized
    by him has received the order without expressing any reservations.
    Any reservation not made in accordance with the rules defined above and within the time limits
    set 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 on the order
    form, the Customer informs 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.
    c. 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:
    Products returned within one week of the order delivery date, to the following address; Customer
    service - avenue du Général de Ceuninck, 63 1020 Brussels
    Any complaint and any return not made in accordance with the rules defined above and within the
    time limits set cannot be taken into account and will release the Seller from any liability vis-à-vis
    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 Customer.
  1. 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 latter.
    a. 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. However, if the product purchased was secondhand,
    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 it is noted.
    b. Commercial guarantee
    The Seller offers the Customer a commercial guarantee covering the following elements:
    a technical problem, damaged tube except any blow or deterioration after delivery.
    This commercial guarantee covers the following territory: Benelux
    This warranty does not cover defects caused by abnormal or faulty use of the products or
    resulting from a cause unrelated to the intrinsic qualities of the products.
    This commercial guarantee does not exclude the application of legal guarantees.
  2. Right of withdrawal
    If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working
    days of delivery of the goods or the conclusion of the service contract.
    After having communicated his decision to withdraw, the Customer then has 14
    days to return or return the goods.If the Customer is a consumer, he may exercise his legal right
    of withdrawal within 14 working days of delivery of the goods or the conclusion of the service
    contract.
    After having communicated his decision to withdraw, the Customer then has 14
    days to return or return 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 vis-à-vis the Customer.
    The Customer may request a refund 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 sales condition.
    The Seller must reimburse the Customer for all sums paid, including delivery costs, within 14 days
    of the recovery of the goods or of 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 physical medium, the
    Customer hereby accepts to lose, for this digital content, his right of withdrawal in order to be
    delivered as soon as possible.
    If the order concerns, in whole or in part, the provision of services, the Customer hereby waives,
    for these services, his right of withdrawal in order to be provided as soon as possible following the
    conclusion of the contract.
    Model withdrawal form
    To the attention of :
    Szerman & Co scs
    Avenue du Général de Ceuninck, 63 1020 Brussels
    Company number (BCE / VAT): BE0886662152
    E-mail: szerman.thierry@gmail.com
    Phone: +32475514248
    I / We () hereby notify / notify you of my / our () withdrawal from the contract for the sale of the
    property () / for the provision of service () below:



Ordered on () / received on (): _
Name of consumer (s): _

Address of consumer (s): __
Signature of consumer (s) (only if this form is notified on paper):


Date : __

  • Delete the unnecessary mention
  1. Data protection
    The Seller will keep in its computer systems and under reasonable security conditions proof of the
    transaction including the purchase order 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.
  2. Force majeure
    If the Seller is prevented, in whole or in part, from fulfilling 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 informs 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 provided by the Seller will nevertheless be invoiced in proportion
    to the Customer.
  3. Independence of clauses
    The illegality or total or partial nullity of a provision of these GTCS will have no impact on the
    validity and application of the other provisions. The Seller reserves the right to replace the illegal
    or void provision with another valid provision of similar scope.
  4. Applicable law and competent jurisdiction
    These GTC 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 head office.

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