GENERAL CONDITIONS OF SALE OF INSTAWOOD
The conditions of sale are concluded by a private limited liability company INSTAWOOD (hereafter “company”) whose head office is located Rue Haute 109 in 1000 Brussels – Belgium trade name under the company number BE 0692.908.414 (hereafter “INSTAWOOD”) with anyone wishing to acquire a product for sale by INSTAWOOD (hereinafter “the customer”).
These conditions are intended to govern both the use of the company’s websites and the booking and ordering of INSTAWOOD’s products (hereafter defined) as well as in general, all the contractual relations between the customers and the society. The order or the reservation of a product obligatorily implies the acceptance of the present general conditions of sale. INSTAWOOD reserves the right to accept or refuse, without reason and at its sole discretion, any registration and to suspend and / or cancel access to its account by a Customer who does not comply with these conditions.
The clients must correctly complete the membership forms via the INSTAWOOD website by completing the fields with complete and accurate data. In the event of incomplete or erroneous declaration, the Customer’s account may be closed, automatically, without notice and without prior formalities.
INSTAWOOD is a company that offers the printing of images, illustrations, reproductions or 2D photos on a 10 cm * 10 cm poplar wood support 100% customizable (hereafter “the product”). Customers also have the opportunity to order other original wood products (artists’ illustrations, INSTAWOOD SPRL creations, royalty-free reproductions) offered by INSTAWOOD (hereafter “the other products”).
These terms of sale are intended to define the contractual relationship between INSTAWOOD and its Customers with regard to the conditions applicable to orders placed on the INSTAWOOD site for the acquisition of one or more INSTAWOOD products.
Any reservation made through the website INSTAWOOD implies an unconditional acceptance by the customer of these conditions of sale. These conditions of sale will prevail over all other general or special conditions not expressly approved by INSTAWOOD
INSTAWOOD reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order made by the customer.
2 – Product characteristics
INSTAWOOD offers two categories of products:
100% customizable products (where the customer has the possibility to print on the support the 2D image of his choice;
The other products (artists’ illustrations, creations of INSTAWOOD SPRL, and other reproductions free of right) which appear in the catalog published on the site of dev.instawood.com.
In terms of products, customers will be able to directly export their files from their computers, phones , or their film, or directly from their Facebook or Instagram accounts through an API.
INSTAWOOD does not store anything and prints the products based on orders placed by Customers.
3 – Availability
INSTAWOOD honors orders made within the limits of the availability of wooden supports (depending on the available stock). When there is a shortage of stock, the Customer is informed (and, as far as possible, of the availability period) when placing his order via the site. In any case INSTAWOOD can not be held liable in case of stock shortage.
In the event of unavailability, the Customer will be able to choose either another delivery date proposed by INSTAWOOD, or not to make order.
INSTAWOOD can not be held liable for late delivery because it entrusts this service to external service providers (see point 7).
4 – Description
The product description on the website is as accurate as possible but the customer acknowledges that INSTAWOOD can not ensure a perfect similarity with the finished product and delivered. Taking into account the stocks available, INSTAWOOD undertakes to choose the wooden supports most compatible with the types of printing sent by the Customer.
Thus, the customer recognizes that he orders an impression made on a wooden support. Therefore, the photo, illustration or 2D reproduction that has been ordered will be printed on a natural wood support that is likely to have nodes or veins a little more apparent. The nature of the wood can not be considered as a defect and INSTAWOOD can not be held responsible if the texture of the wood remains visible on the print.
5 – Price
The customer has access to prices on the INSTAWOOD website (dev.instawood.com). It is impossible to order a product without paying the asking price. Prices communicated to customers are inclusive of VAT.
The company reserves the right to modify its prices at any time, without prejudice to the customer to obtain the delivery for the products ordered before this modification.
In case of modification, the new price is considered effective when posted on the website.
Any order made and confirmed on the website INSTAWOOD (dev.instawood.com) or by any other means whatsoever will not be exchanged or refunded, whether totally or partially.
6 – Orders
Unless otherwise agreed by INSTAWOOD, the Client will place an order on the INSTAWOOD website (dev.instawood.com) exclusively.
Any request for additional information can be made at the following address: email@example.com.
The buyer who wishes to place an order via the internet must fill out a “contact form” in which he will indicate all the details requested. It is impossible to place an order without completing the ad hoc form.
INSTAWOOD will communicate by e-mail back the confirmation of his order and, as far as possible, the possible complications (for example, a temporarily unavailable product, exceptionally longer delivery times, …) as well as payment and validation information. payment recorded.
The confirmation of the order entails the acceptance of the present general conditions of sale, the acknowledgment of having perfect knowledge of it, the renunciation to invoke its own conditions of purchase or other general conditions and the acceptance of the requested price. by INSTAWOOD.
All data provided and the recorded confirmation will be worth proof of the transaction. Confirmation will be worth signing and acceptance of transactions. If necessary, in order to limit the risk of fraud, INSTAWOOD may have to carry out checks on the validity of the payments made. In this case, the customer will be notified by e-mail of supporting documents to send (by mail or mail) to INSTAWOOD to allow a final validation of his order.
Once the order has been made, the customer has the opportunity to request the deletion of the photos he has imported into the site INSTAWOOD (dev.instawood.com) by sending an email to the following address: firstname.lastname@example.org
7 – Deliveries
Upon receipt of payment of the purchase price by INSTAWOOD, the ownership of the goods ordered is automatically transferred to the Client with the associated risks.
Deliveries of INSTAWOOD products will be assured, at the customers’ choice, by external service providers such as B-Post or TNT.
Whenever possible, INSTAWOOD will attempt to inform the customer as soon as possible of any delays in delivery, but INSTAWOOD can not be held responsible for any delays in delivery, loss, damage or other similar events. .
It is the service providers who set the deadlines in which the product will be able to be delivered. INSTAWOOD has no control over this.
8 – Retraction
In accordance with Article VI. 53 3 ° of the Code of economic law, the customer does not have the right to waive the order of the personalized product he has made on the site of INSTAWOOD insofar as it concerns goods made according to the specificities of the consumer.
Customers who have ordered such a personalized product will not be able to benefit from a return, a refund or an exchange.
If the Customer were to order a non-personalized product, Article VI.47 of the Code of Economic Law provides that the consumer has a period of 14 days to withdraw from a distance contract. However, it is agreed that the right of withdrawal will not apply if the Customer has requested the delivery of the order or the provision of a service before the expiry of this period.
9 – Terms of payment
INSTAWOOD makes available to the customer means of payment offering maximum security.
Orders will be paid by credit card (Visa, Mastercard, American Express, CBB, Maestro, etc.) and made through the secure STRIPE system. These automated data processing are intended to fight credit card fraud, in the interest of the client and INSTAWOOD BVBA.
An irregular declaration or an anomaly may also be the subject of a specific treatment. Thus additional credentials of address and identity may be requested on certain types of orders.
In the absence of payment or in case of suspension of the Customer’s payments by the Bank or a third party, INSTAWOOD is authorized to suspend, in whole or in part, the execution of the current sales contract as well as any other Order until the day the full payment by the Client of the sums due, without prejudice to the right of INSTAWOOD to claim the payment of damages
10 – Responsibility
INSTAWOOD is held only by an obligation of means. It can not be held liable for any damage resulting from the use of the Internet such as data loss, intrusion, viruses, service interruptions or other unintended problems.
The responsibility of INSTAWOOD can not be engaged in any case if the final product delivered is not perfectly similar to the template to which the customer could have access by placing his order. It is clear that this template is only indicative.
INSTAWOOD is committed to providing all the means necessary for the most complete reproduction possible so that the customer can get an idea without providing a guarantee of results.
In the event of a complaint from a customer or a third party, the parties provide in any event that the liability of the company can be continued only in compensation for any direct damage, by exclusion with any damage “indirect” “.
In any case, in no case the responsibility of the company can not be committed more than 6 months after the event causing the damage.
In all cases, INSTAWOOD’s liability is limited exclusively to the replacement or reconditioning of the goods delivered or the work provided.
Indirect damages are therefore expressly excluded. In particular, any loss or deterioration of data, loss of profit, loss of customer base, etc., shall be considered indirect damages.
INSTAWOOD declines any responsibility in case of damage to people.
11 – Intellectual property
11.1. – For customizable products – For each photo, photograph, illustration or reproduction uploaded by customers on dev.instawood.com for printing on a wooden support, customers acknowledge that they hold a right of industrial, literary and / or legal artistic property and valid on the territory of the European Union.
Under no circumstances shall INSTAWOOD be held liable in the event that the images sent have been downloaded illegally in violation of the industrial, literary and / or artistic property rights of their real author.
11.2. – For other products – All other elements (for example, images, works, photographs, music, sounds and videos, drawings, documents, figures, logos and other materials , in all their forms, including menus, web pages, graphics, screens, colors, instruments, characters and design of the website, layouts, diagrams, methods, functions, the processes and software that are part of the Site) of the dev.instawood.com website are and remain the exclusive intellectual property of INSTAWOOD SPRL.
11.3. – General – No one is allowed to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether they are software, text or visual. Any single link or hypertext link is strictly prohibited without the express written consent of INSTAWOOD
INSTAWOOD has the right to oppose the activation of direct links to its Site or to terminate such activation when the applicant, who wishes to activate a link to the Site, has adopted in the past or adopts unfair commercial practices or not conform to industry practices or unfair competition actions against INSTAWOOD, with the exception of Facebook and Instagram.
In any case, the activation of deep hypertext links (deep frames or deep links) to the Site or the unauthorized use of metatags is prohibited without the prior written consent of INSTAWOOD.
The User agrees not to infringe INSTAWOOD’s intellectual property rights. No functionality of the Site, including the functions of printing, downloading or sending by e-mail, may be used by the Customer with the object or with the effect of infringing the intellectual property rights attached to the Site and the elements that compose it.
12 – Personal data
When the Customer places an order on the website, INSTAWOOD collects the following personal data: the name, the type, the address, the telephone number and the e-mail address of the Customer.
INSTAWOOD uses the Customer’s personal data for the purpose of:
Better understand the market, the needs in terms of products and services, better manage the offers by analyzing and processing the data in its possession (eg statistical studies of site visits to improve content, services and products offered);
Send information about new applications or promotions to the Customer;
If necessary, contact the Customer if a problem should occur with his booking.
Except upon request or with the express agreement of the Buyer and in strict compliance with its instructions, INSTAWOOD will not carry out any other processing of personal data other than those described in the preceding paragraph. The personal data of the Customers and in particular the e-mail addresses, are not subject to any rental, sale, exchange or sharing with other service providers if the Customer has not expressly agreed to receive promotional offers from other companies likely to interest him.
INSTAWOOD undertakes to make the best efforts to protect the personal data of its customers, in particular to prevent them from being distorted, damaged or communicated to unauthorized third parties.
Anyone who proves his identity may obtain free of charge the written communication of his personal data and, where appropriate, the correction of those that are inaccurate, incomplete or irrelevant.
If the Client wishes to modify his personal data or if he no longer wishes to receive information from INSTAWOOD, he can proceed by writing to INSTAWOOD at the email address email@example.com or by mail to the next address:
INSTAWOOD – Rue Haute 109 in 1000 Brussels
INSTAWOOD will take the necessary steps to modify or delete Customer data from its database.
The customer acknowledges that Facebook and Instagram may have access to their personal data if customers choose to download content from their Facebook or Instagram account directly on the INSTAWOOD website.
In certain special circumstances, INSTAWOOD may disclose the personal data of the clients, when these are required by the judicial authorities.
13 – Computerized collection of personal data
Responsible for the processing (use) of the data: Mr. Mehdi KACI.
In addition, INSTAWOOD informs the Client that GOOGLE ANALYTICS is installed on the site dev.instawood.com, which makes it possible to optimize the navigation of the website and the user experience.
Responsible for backing up and securing data: Mehdi Kaci
Database, flow, navigation, transfer: Mehdi Kaci
Purpose pursued by the data processing: e-mail marketing sendings by SPRL INSTAWOOD; Sending e-mails giving access to free content in the form of text, audio and video files.
Information on the rights of consultation and rectification of data collected: Customers can request to modify their data collected by sending the request to this address: info@instawood with the subject: “Modification of personal data” and the clear data indications to modify in the body of the message in the form of “Field: information” as the following example: First name: Benjamin. Customers can at any time request to consult their data saved on our servers (OVH / Infusion Soft).
Identity of the company: The head office of INSTAWOOD is located Rue Haute 109 in 1000 BRUXELLES – Belgium registered in the Belgian commercial register under the company number BE 0692.908.414
Company number: 0692.904.414
VAT: BE 0692.908.414
Trade name: INSTAWOOD
Legal form: S.P.R.L. (Limited Liability Company)
Commercial headquarters of the company: Rue Haute 109 – 1000 BRUSSELS
14 – As to the use and operation of the website
INSTAWOOD can not be held responsible for a malfunction of the Site, the Application, the Services or the Platform that is attributable to the Customer’s behavior.
The Customer declares to accept the characteristics and the limits of an online service and in particular to recognize:
Be aware of the vagaries of providing online services, especially with regard to response times;
be responsible for your actions and omissions on the internet;
It is the responsibility of the Customer to take all appropriate measures to protect his / her own data and / or software from contamination by possible viruses circulating on the internet or contracted by any other electronic means.
15 – Dispute Resolution – Miscellaneous
The computerized registers will be stored in the computer systems of INSTAWOOD under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the INSTAWOOD Application or by email.
If one of the clauses of the present conditions proved null and / or abusive, the contract would remain applicable in all its provisions other than those considered null or abusive if it can remain without these clauses
The Site, its content, and any relationship between a Client and INSTAWOOD are exclusively subject to Belgian law.
In case of dispute, the Customer will first contact INSTAWOOD to find an amicable solution. Otherwise, the Courts and Tribunals of Brussels are only competent.
Information on alternative dispute resolution methods can be obtained via the link: https://ec.europa.eu/
Information: European Commission online platform for the resolution of consumer disputes for online filing of a complaint and dispute resolution: https://ec.europa.eu/ (link dated 01/05 / 2017)