General terms and conditions
Version 1.0 – September 15th 2022
Article 1 Company data
Article 2 Definitions
Article 3 Realization of the agreement – applicability of general conditions – amendments
Article 4 Delivery
Article 5 Use of the Goods
Article 6 Price and payment
Article 7 Right of withdrawal
Article 8 Conformity, warranty and complaints procedure
Article 9 Liability and Disclaimer of Warranties
Article 10 Dissolution
Article 11 Intellectual Property
Article 12 Processing of personal data
Article 13 Nullity clause
Article 14 Applicable law and competent court
Article 1 Company data
Synalco
Westhille 15
8210 Zedelgem
Company number: BE 0645.923.295
Represented by directors Cedric Maerten (Amilei Comm. V) and Kristof Saelens (Quim bv)
E-mail: hello@giftlock.be
Bank account number: BE91 3631 7030 6576
BIC: BBRUBEBB
Phone number: +32 472 80 94 85
Hereinafter referred to in accordance with the trade name “Giftlock”.
Article 2 Definitions
In these terms and conditions, the following terms shall have the following meanings:
“General Terms and Conditions“: these General Terms and Conditions which apply to any agreement concluded between Giftlock and the Customer (hereinafter “Agreement“).
“Special Terms and Conditions“: any specific terms and conditions that define the Agreement between the Customer and Giftlock and that take precedence over the General Terms and Conditions, such as an accepted purchase order.
“Goods“: all goods supplied by Giftlock under an Agreement.
“Customer“: the (future) contracting party of Giftlock with whom an Agreement is established.
“Webshop” means the online store offered by Giftlock on which the Customer can order the Goods offered.
Article 3 Realization of the agreement – applicability of general conditions – amendments
By placing an online order through the Webshop, the Customer acknowledges that he is acting for private purposes only. If the Customer wishes to place a business order, he must contact Giftlock directly using the aforementioned contact details.
The displayed Goods in our Webshop do not constitute an offer but rather an invitation for the Customer to treat. In order to purchase a Good and consequently to place an order, the Customer must place the desired Good in the shopping basket. Then the Customer must fill in certain data as well as the desired delivery method and payment method. After that, the Customer will get a summary of the desired Goods and the data and preferences provided by him. By clicking on the payment button, a binding order is placed by the Customer. Once Giftlock confirms the order to the Customer by e-mail, the Agreement is validly concluded.
Except in the case of the exercise of the statutory right of withdrawal, every order placed via the Webshop is binding. The Customer shall not be entitled to cancel the order and delivery of Goods via the Webshop and shall therefore be obliged to pay the full price in accordance with the order.
This Agreement is exclusively governed by these General Terms and Conditions and any Special Terms and Conditions. By concluding the Agreement, the Customer is deemed to accept these General Terms and Conditions and therefore to completely waive the application of its own general terms and conditions.
Amendments to the Agreement are always requested from and confirmed by Giftlock in writing. If this causes additional costs or additional work, these may be charged by Giftlock. Also, a requested change may extend the delivery period.
Article 4 Delivery
Giftlock shall make all reasonable efforts to deliver accepted orders without undue delay but at the latest within 30 days following the conclusion of the Agreement unless a specific delivery period has been agreed in any Special Terms and Conditions. However, the delivery period shall only commence after all amounts due for the Goods in question have been paid in full.
If the delivery is delayed, the Customer must notify Giftlock. In this case, Giftlock shall make all reasonable efforts to still deliver the Goods to the Customer within the timeframe proposed by Giftlock. Giftlock cannot be held liable for any late delivery by the carrier if this was not reported by the Customer.
If, despite an order placed, the ordered Goods should be out of stock, Giftlock shall immediately reimburse the Customer for the amounts paid for the Goods concerned. Giftlock can under no circumstances be held to deliver any Goods that are no longer in stock.
In the event that Giftlock is prevented from (further) executing the Agreement due to force majeure of a temporary nature, regardless of whether the force majeure was foreseeable, the delivery period referred to in the previous paragraph will be suspended until the situation of temporary force majeure has been rectified. If this situation of force majeure is permanent, Giftlock is entitled to terminate the Agreement in whole or in part by written notice without any obligation to pay compensation, without prejudice to the right of Giftlock to payment by the Customer for Goods already delivered by Giftlock before a situation of force majeure occurred. Force majeure includes, but is not limited to: late or defective delivery by a supplier, bankruptcy or dissolution or take-over of a supplier, government intervention, terrorism, natural disasters, strikes, riots, robberies, unavailability of our computer systems, and any other situation beyond the reasonable control of Giftlock.
The risk of damage and / or loss of Goods rests with Giftlock until the time of delivery to the Customer or to a carrier designated by the Customer, unless expressly agreed otherwise.
Article 5 Use of the Goods
The Customer undertakes to use the Goods as a reasonable and careful person.
In particular, the Customer shall take into account, inter alia, the following:
The Goods must not come into contact with liquids (such as water, fruit juices, detergent, degreaser, plunger, frying oil, and so on. This may cause damage to the box, compromising to pass on the gift.
The Goods are best stored at room temperature.
The Goods may contain alcoholic gifts. By ordering online, the Customer certifies to Giftlock that they are of the legal age of 18 years to purchase and/or drink alcoholic beverages. Giftlock is entitled to refuse an order pursuant to a serious default by the Customer in relation to orders involving the Customer. Translated with
Article 6 Price and payment
All prices listed in the Webshop are final and total, including VAT. In addition, Giftlock may charge shipping costs. The amount of shipping costs is always clearly stated before the customer places his order.
If the Customer places an order via our Webshop, he must pay the amount due via the payment method chosen by the Customer, and this at the latest within 14 days following the placement of the order.
In case of late payment of any amount due under the Agreement, Giftlock is entitled to suspend all deliveries and take back the delivered Goods. In addition, in such a case, Giftlock shall be entitled to compensation of 10% of the amount due (with a minimum of EUR 50.00) as well as a conventional interest on arrears in accordance with the legal interest rate.
All delivered Goods remain the full property of Giftlock until full payment of the amount due for the Goods in principal, taxes, interest and any shipping costs.
If an Agreement is entered into on behalf of two or more natural or legal persons, they shall each be jointly and severally liable for the full performance of the obligations arising from the Agreement.
In the event that the contractual relationship is terminated, Giftlock may apply set-off between all mutually determined claims with the Customer, regardless of the time at which the claims in question become due and payable.
Late payment of an invoice shall make all outstanding invoices due by operation of law, even if the due date of such invoices has not yet expired.
The provision by Giftlock of an account statement is sufficient to determine the amount of its claim against the Customer (including delivery of the Goods and services) and to provide proof thereof.
Article 7 Right of withdrawal
When purchasing Goods through the Webshop, the Customer as a consumer has the right to return the Goods without compensation (except for depreciation) and without giving any reason during a period of 14 calendar days following the delivery of the Goods.
During this period the Customer shall handle the Goods and the packaging with care. He shall only unpack or use the Goods to the extent necessary to assess whether he wishes to keep the product.
If the Customer wishes to return the Goods, he must return the Goods to Giftlock with all delivered accessories and – if reasonably possible – in the original excellent condition and in the original packaging, in accordance with the reasonable and clear instructions provided by Giftlock.
The Customer can register his return in the following ways:
Either notify the exercise of this right via the contact page
Either notify the exercise of this right by e-mail (info@Giftlock.com).
Either deliver the withdrawal form to Giftlock: https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf
If the Customer returns one or more Goods, the cost of return shipment shall be borne by the Customer.
If the Customer has paid an amount, Giftlock will refund this amount within 14 calendar days of either the receipt by Giftlock of the returned Goods, or the receipt of proof from the Customer that the Goods were returned, whichever comes first.
Giftlock may charge compensation for any depreciation of the Goods if this is a result of use beyond what is necessary to establish the nature, characteristics and functioning of the Goods, or if the Goods were returned damaged. This compensation will be set off against the amounts to be refunded to the Customer.
Customer understands that it cannot return Goods that have been custom-made in accordance with the Customer’s specifications or wishes.
Article 8 Conformity, warranty and complaints procedure
Of course, we hope that all our customers are always 100% satisfied.
Giftlock ensures that the Goods comply with the Agreement, with the stated specifications, with the reasonable requirements of reliability and / or usability and with the existing legal provisions and / or government regulations on the date of the conclusion of the Agreement.
The consumer-Customer is entitled to the legal warranty period in accordance with the Belgian Consumer Sales Act which ends two years after delivery of the Goods. If the defect in conformity manifests itself within six months after delivery, the defect in conformity is deemed to have existed at the time of delivery. Thereafter, the consumer-Customer must prove that the defect in conformity was already present at the time of delivery.
At the end of the legal warranty period referred to in the second paragraph, Giftlock remains only responsible for hidden defects, which the Customer must notify Giftlock of in writing, within 14 calendar days of becoming aware of the hidden defect, with a detailed description of the hidden defect.
If the Customer acts as a consumer, he must report any visible or hidden defects to Giftlock within two months of becoming aware of the visible defect. If the Customer acts as a business, this reporting period is one week from the knowledge of the defect. Notwithstanding the above, any case of glass breakage must be reported immediately but no later than 48 hours after delivery. In the absence of timely notification in accordance with this provision, the Customer loses his rights mentioned in this article.
If a defect in the Goods is detected, Giftlock will take back the Goods and either repair them or replace them with new ones. However, if the repair or replacement would be excessively costly or impossible for Giftlock, the Customer shall be entitled to an appropriate price reduction or rescission of the Agreement.
Any claim for damages made by the Customer against Giftlock lapses automatically if it is not brought before the competent court within a period of one year after the facts on which the claim is based were known to the Customer or could reasonably have been known to him, without this period being able to expire on the part of the consumer-Customer before the legal warranty period of two years following delivery referred to in the second paragraph.
Article 9 Liability and Disclaimer of Warranties
Giftlock undertakes to provide the Customer, prior to the conclusion of the Agreement, with general information relating to the Goods and the Agreement. Giftlock is not liable for the correctness, completeness or accuracy of the information provided to the Customer prior to the conclusion of the Agreement. Any error, incompleteness or inaccuracy shall not bind Giftlock but shall be corrected by Giftlock as soon as reasonably possible. The Customer acknowledges that the information on the Webshop is of a general nature and is not adapted to the personal or specific circumstances, wishes or goals of the Customer.
Giftlock undertakes to execute the Agreement to the best of its knowledge and ability (obligation of effort) but does not undertake any obligation to achieve a result. Giftlock disclaims all warranties, express or implied, including, but not limited to, warranties of quality and fitness for a particular purpose.
Under no circumstances shall Giftlock be held liable for any damage resulting from any use of the Goods contrary to Article 5.
The Webshop may contain hyperlinks to external web pages or refer to them indirectly. This in no way implies approval of their content by Giftlock and Giftlock is not liable for the content of such web pages.
Giftlock shall only be liable in the event of fraud, deceit and wilful misconduct. Notwithstanding the foregoing, Giftlock shall not be liable for or obliged to compensate any intangible, indirect or consequential damages resulting from the Goods or the use of the Webshop, including (but not limited to) loss of profits, sales, revenue, production limitations, administrative or personnel costs, an increase in overhead, loss of customers or third party claims.
Except in the case of fraud or deliberate error and except in the case of physical damage caused by the acts or omissions of Giftlock, the total contractual and extra-contractual liability of Giftlock for all damages that may occur in the context of the Agreement is at all times limited to the amount invoiced to the Customer for the order placed.
Article 10 Dissolution
The Customer acknowledges that the following circumstances shall by operation of law give rise to the termination of the Agreement within the meaning of this article, unless Giftlock waives such termination in writing and pursues performance of the Agreement, to which Giftlock shall be entitled:
The failure of the Customer to comply with its obligations under the Agreement within 14 calendar days after being reminded in writing to do so by Giftlock, such as e.g. the non-payment by the Customer of the amounts due under the Agreement within 14 calendar days after being reminded in writing by Giftlock.
Bankruptcy, collective debt settlement or dissolution of the Customer.
Refusal to accept the delivery of the Goods.
Article 11 Intellectual Property
All trademarks, models, designs, inventions, studies, drawings, sketches, photographs, texts, software, know-how, and in general all carriers in which the intellectual performances of Giftlock or third parties appear or are contained, either in relation to the Goods themselves or in relation to the Webshop, remain at all times the property of Giftlock or of any third-party holders. The aforementioned items, including any preparatory material, may not under any circumstances be reproduced, modified, publicly communicated, decompiled, etc., even partially, without the written permission of Giftlock or any third-party holders.
The Customer hereby expressly waives the possibility of invoking any right concerning the items mentioned in the first paragraph and of using the information obtained to make an application for an intellectual protection right.
The Customer fully indemnifies Giftlock for any claim by, or liabilities to, third parties as a result of any use of the Goods or the Webshop that violates or may violate the rights of third parties.
Article 12 Processing of personal data
Giftlock processes certain personal data from the Customer. For more information on how Giftlock handles your personal data, please see our privacy statement and cookie statement.
Article 13 Nullity clause
The nullity or unenforceability of any provision of these General Terms and Conditions shall nevertheless retain its maximum permissible effect and shall not affect the validity or enforceability of the remaining provisions of these General Terms and Conditions.
Article 14 Applicable law and competent court
The Agreements between Giftlock and the Customer to which these General Terms and Conditions relate are governed exclusively by Belgian law.
All disputes under the Agreement are subject to the jurisdiction of the following courts:
The courts with material and territorial jurisdiction over the Customer’s domicile if the Customer is acting as a consumer.
The courts with material and territorial jurisdiction over the registered office of Giftlock if the Customer acts as a company.
Notwithstanding the previous paragraph, if the Customer acts in the capacity of a consumer, disputes arising from the Agreement may be submitted by both the Customer and Giftlock to the Consumer Ombudsman Service (consumentenombudsdienst.be).