Terms and Conditions

The website: rubco.be (hereinafter the 'platform')
is an initiative of:
RUBCO NV
Nijverheidslaan 1553, 3660 Oudsbergen
Company number (KBO/BTW): BE0420.070.871
E-mail: info@rubco.be
Telephone: +32 89 81 23 85
(hereinafter 'RUBCO NV' or the 'vendor')

I. GENERAL TERMS OF USE

1. Scope

These general terms of use (hereinafter referred to as the 'GTC') apply to any visit or use of the platform and its information by an Internet user (hereinafter referred to as the 'user'). By accessing or using the platform, the user acknowledges that he/she has read these GTCs and expressly accepts the rights and obligations stated therein. By way of exception, the provisions of the AGVs may be waived by written agreement. Such derogations may consist in amending, supplementing or deleting the provisions to which they relate and shall not affect the application of the other provisions of the AGVs. We reserve the right to change our GTCs at any time and without notice, but we undertake to apply the provisions in effect at the time you used our platform.

2. Platform

a. Accessibility and navigation

We take all reasonable and necessary measures to ensure the proper operation, security and accessibility of our platform. However, we cannot provide an absolute guarantee of operation and our actions should therefore be considered to be covered by a resource commitment. Any use of the platform is always at the user's own risk. We are therefore not liable for damages that may result from any malfunctions, interruptions, defects or even harmful elements on the platform. We reserve the right to restrict access to the platform or interrupt its operation at any time, without prior notice.

b. Content

RUBCO NV 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 as up-to-date as possible, even when the information about it is provided by third parties. We reserve the right to modify, supplement or delete the platform and its content at any time, without any liability. RUBCO NV cannot provide an absolute guarantee regarding the quality of the information on the platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, RUBCO NV cannot be held liable for any damages, direct or indirect, that the user may suffer as a result of the information provided on the platform. If certain content on the platform violates the law, third party rights or is contrary to morality, please notify us by email as soon as possible so that we can take appropriate action. Any download from the platform is always at the user's own risk. RUBCO NV will not be liable for any damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the user's computer system, which are the sole and exclusive responsibility of the user.

c. Services reserved for registered users

1. Registration

Registration and access to the platform's services are reserved exclusively for natural persons who are legally competent, after completing and validating the registration form available online on the platform and this GTC.
At the time of registration, the user undertakes to provide correct, truthful and current information about himself and his marital status.
The user must also regularly check the data relating to him/her to ensure its accuracy. Thus, the user must provide a valid email address, whereupon the platform will send him/her a confirmation of their registration to their services. An e-mail address cannot be used multiple times to sign up for services.

<Every communication from 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 at this e-mail address and, if necessary, to reply to them within a reasonable period of time.

Only one registration is allowed per person.
The user is assigned an identifier that allows him/her to access a space reserved for him/her (hereinafter "personal space"), in addition to entering his/her password.
The username and password can be changed by the user online in his/her personal space.

The password is personal and confidential, the user agrees not to disclose it to third parties.

In any case, RUBCO NV reserves the right to refuse a request for registration to the services of the platform in case of non-compliance with the GTC by the user.

2. Unsubscribe

Users who are regularly registered can request to unsubscribe at any time by going to the special page in their personal space. Any deregistration from the platform will be effective as soon as possible after the user completes the appropriate form.

The user undertakes to comply with the laws in force through each of his publications on the platform. He will pay particular attention to the interests of third parties, offensive content and content that may be contrary to public order or morality. The user remains responsible for any content published on the platform.

The platform may exercise moderation in any publication and refuse to publish content online without giving reasons. Similarly, content published by a user can be changed or deleted without any reason or deadline.

By publishing on the platform, the user grants RUBCO NV, free of charge and on a non-exclusive basis, the right to represent, reproduce, edit, adapt, modify, distribute and disseminate the published content, directly or indirectly, on any medium and throughout the world.

3. Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply a relationship between RUBCO NV and the external website or even an implied agreement with the content of these external websites.

RUBCO NV has no control over external websites. We are therefore not responsible for the safe and correct operation of the hyperlinks and their final destination. Once the user clicks on the hyperlink, he/she leaves the platform. Thus, we cannot be held liable for further damages.

4. Intellectual property

The structuring of the platform as well as the texts, graphics, images, photos, sounds, videos, databases, computer applications, etc.. from which the platform is composed or which can be accessed through the platform are the property of the publisher and as such are protected by applicable intellectual property laws.

Any representation, reproduction, adaptation or partial or full exploitation of the contents, brands and services offered by the platform, by any means whatsoever, without the prior, express and written consent of the publisher, is strictly prohibited, with the exception of elements expressly indicated as royalty-free 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 purposes. Unless otherwise previously agreed in writing, the user is not permitted to modify, reproduce, translate, distribute, sell and communicate to the public, in whole or in part, the protected elements.

Users are prohibited from entering data on the platform that would or could alter the content or appearance of the platform.

5. Protection of personal data

RUBCO NV assures users that it attaches the utmost importance to the protection of their privacy and personal data, and that it always strives to communicate clearly and transparently in this regard.

Personal data provided by the user during his visit or use of the platform are collected and processed by RUBCO NV solely for internal purposes..

RUBCO NV undertakes to comply with the applicable legislation in this field, namely the Act of December 8, 1992 on the protection of privacy in relation to the processing of personal data and the European Regulation of April 27, 2016 on the protection of natural persons 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 jurisdiction

These GTCs are governed by Belgian law. In the event of a dispute and in the absence of an amicable settlement, the dispute shall be brought before the courts of the judicial district where RUBCO NV has its registered office.

7. Other provisions

RUBCO NV reserves the right to modify, expand, remove, limit or interrupt the platform and related services at any time, without notice and without liability.

In case of a breach of the GTC by the user, RUBCO NV reserves the right to take appropriate sanctions and compensation measures. RUBCO NV reserves the right to temporarily or permanently deny the user access to the platform or our services. These measures may be taken without giving reasons and without prior notice. They cannot entail the liability of RUBCO NV or give rise to any form of compensation. The illegality, total or partial invalidity of any provision of our GTC shall not affect the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid and similar provision.

II. GENERAL SALES CONDITIONS

1. Scope

These general conditions of sale (hereinafter referred to as 'GTC') define the mutual rights and obligations in case of the purchase of products or services on the platform by a user (hereinafter referred to as 'customer'). The GTC' express all obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated. Exceptions to the provisions of the GTC may be made in exceptional cases, provided these exceptions are agreed upon in writing. Such derogations may consist of amending, adding or deleting the provisions to which they relate and shall not affect the application of the other provisions of the GTC. RUBCO NV reserves the right to amend the T&C from time to time. The changes will apply as soon as they are posted online for any purchase after that date.

2. Online store

Through the platform, the seller provides the customer with an online store that presents the products or services sold, without the photos having any contractual value. The products or services are described and presented with the utmost accuracy. However, in case of errors or omissions in the presentation, the seller cannot be held liable for this fact. Products and services are offered within the limits of their availability. Prices and taxes are listed in the online store.

3. Price

The seller reserves the right to change its prices at any time by publishing them online. Only the stated prices and taxes in effect at the time of order are applicable, subject to availability at that date. Prices are indicated in euros and do not take into account any delivery costs, which are additionally indicated and invoiced before the validation of the order by the customer. The total amount of the order (all taxes included) and, if applicable, the delivery costs, are indicated before the final validation of the order form.

4. Ordering online

The customer has the option to fill out 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. To validate his order, the customer must accept this T&C by clicking on the place indicated. The Customer must provide a valid email address, billing information and, if applicable, a valid delivery address. Any exchange with the vendor can be made through this email 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 case of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.

5. Order confirmation and payment

The seller retains ownership of the items ordered until full payment for the order is received.

A: Payment

The customer makes payment at the time of final validation of the order using the payment method chosen. This validation is in lieu of a signature. The customer guarantees the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information provided for this purpose constitutes proof of his consent to the sale and payment of the amounts due in connection with the order. The seller has established a procedure to verify orders and means of payment to reasonably protect it from any fraudulent use of a means of payment, including by requesting identification information from the customer.

In case of refusal of permission to pay by credit card by accredited organizations or in case 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 failed to complete all or part of a previous order or from whom a payment dispute is pending.

B: Confirmation

Upon receipt of validation of the purchase with payment, the seller will send a part of the purchase to the customer, as well as an invoice, unless the latter is provided with the order. The customer may request that the invoice be sent to an address other than the delivery address by making a request to Customer Service prior to delivery. In the event of unavailability of a service or product, the seller will notify the customer by e-mail as soon as possible to replace or cancel the order for this product and possibly refund the price in question, with the rest of the order remaining firm and final.

6. Proof

Communications, orders and payments between the customer and the seller may be evidenced by computerized records maintained in the seller's computer systems under reasonable security conditions. Orders and invoices shall be archived on a reliable and durable medium which shall be considered, in particular, as a means of proof.

7. Delivery

Delivery is made only after confirmation of payment by the seller's bank. Products will be delivered to the address indicated by the customer on the online order form. Additional costs resulting from incomplete or incorrect information provided by the customer will be charged to the customer. For availability reasons, an order may be subject to multiple successive deliveries to the customer. The delivery takes place, according to the method chosen by the customer, within the following deadlines: standard delivery in Benelux is one to a maximum of two days. For other countries, please find the delivery times in the shipping section. Delivery times are indicative. No damages may be claimed from the seller or the carrier in the event of late delivery. However, if delivery times exceed thirty days from the date of the order, the sales contract may be terminated and the customer may be refunded.

A: Verification of the order
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 consignee must formulate the necessary reservations to the carrier at the time of delivery and notify the seller immediately. Verification is deemed to have been carried out once the customer, or a person authorized by him, has accepted the order without reservation. Any reservation that is not made according to the rules defined above and within the deadlines set cannot be taken into account and releases the seller from any liability to the customer.

B: Delivery error
In the event of a delivery error or non-conformity of the products with the information on the order form, the customer shall notify the seller within three working days of the delivery date. Any complaint not made by the deadline cannot be taken into consideration and releases the seller from any liability to the customer.

C: Returns and Exchanges
The product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, according to the following modalities:

At RUBCO NV, you have a standard 30-day return policy for items that are unused. The return shipment must be in our possession within 30 calendar days of delivery. If you choose credit, we will refund the purchase price to your account within 14 days of receipt and processing. You will then, of course, be kept further informed of this. Would you like to exchange the product? Then you can easily indicate this on the return form and we will exchange it as soon as possible after receipt of the return shipment. Should your desired product have a delivery time, we will contact you first.. RUBCO NV does not exclude items from the 30-day return policy. However, we would ask you to bear in mind that up to 100% reimbursement may be charged because some items, due to their nature, can no longer be returned or exchanged. This applies, for example, to the following items:
- clothing items can only be returned (unworn) in the original, sealed packaging;
- equipment you wish to exchange or return must be unused and unregistered;
- the above items can legally be returned but if the seal is broken or the device is registered and/or used then a refund for depreciation may be required. You will always be informed by us if this should be the case. Any complaint and any return not made in accordance with the rules defined above and within the deadlines set cannot be taken into account and releases the seller from any liability to the customer. Any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging. The cost of the return shipment shall be borne by the seller.

8. Guarantees

The seller guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time of the conclusion of the contract. The warranty of conformity will mean that if the customer is a consumer, he has two years from the delivery of the product to implement the legal warranty of conformity. Notwithstanding, if the product purchased was a used good, the warranty period is one year. The lack of conformity must be reported to the seller as soon as possible and in any case not later than two months after the discovery of the sale.

9. Right of Withdrawal

If the customer is a consumer, he can exercise his legal right of withdrawal within 14 working days after the delivery of the goods or the conclusion of the service contract. After notification of his decision to revoke, the customer then has 14 days to return or return the goods. Any revocation not carried out in accordance with the rules and deadlines of this article cannot be taken into account and releases the seller from any liability to the customer. The customer may request a refund of the returned product, at no additional cost, the cost of return shall be borne by the seller. The return or exchange of the product can be accepted only for the products as a whole, intact and in their original condition, in particular with complete, intact packaging and in a state of sale. The seller shall refund to the customer all amounts paid, including delivery charges, within 14 days of the return of the goods or the sending of the proof of shipment of the goods. If all or part of the order relates to digital content not delivered on a physical medium, the customer agrees to forfeit his right of withdrawal for such digital content to be delivered as soon as possible.

10. Data Protection

Seller shall maintain in its computer systems and under reasonable security conditions evidence of the transaction, including the purchase order and invoice. The seller guarantees its customer the protection of its 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 fulfilling the order due to an unforeseen circumstance beyond his control, it is a case of force majeure. In cases of force majeure, the seller has the right to suspend all or part of the execution of the order for the duration of the force majeure. The seller will notify the customer immediately. If the force majeure continues for more than 90 days without interruption, either party to the contract has the right to unilaterally terminate the contract, by registered letter to the other party. The services already performed by the seller will nevertheless be invoiced to the customer on a pro rata basis.

12. Independence of provisions

If one or more provisions of these T&C are declared illegal or invalid, the remaining provisions shall remain in full force and effect.
The illegality or invalidity, in whole or in part, of any provision of these T&C shall not affect 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 effect.

13. Applicable law and jurisdiction

These T&C are governed by Belgian law. In case of dispute and in the absence of an amicable solution, the dispute will be submitted to the courts of the judicial district of the seller's registered office.