Terms and Conditions The Short Way bvba
Article 1. Scope
1.1 These terms and conditions apply to all sales agreements concluded between The Short Way BV, with registered office in 2018 Antwerp, Mechelsesteenweg 29, with company number 0430.400.183, unless explicit and written deviation by The Short Way, apply to all sales agreements. via the website theshortway.com, as well as on all offers that The Short Way makes through its website or other digital channels.
1.2 Unless confirmed in writing by The Short Way BV, these general terms and conditions take precedence over any purchase conditions of the Customer, even if they were not explicitly rejected by The Short Way BV.
Article 2. Origin of sales agreements
2.1 The offers and prices displayed on The Short Way's website theshortway.be are expressed in euros and include VAT. They are informational only and do not connect The Short Way.
2.2 Orders only bind The Short Way and a sales agreement is only concluded when the Customer has received a confirmation of an order from The Short Way by e-mail.
2.3 Each sales agreement is deemed to have been concluded, after acceptance, at the location of The Short Way's registered office. Any deviation from this must be explicitly accepted by The Short Way in writing.
2.4 The Short Way has the right to dissolve the sales agreement free of charge within a period of 3 (three) working days after the sales agreement was concluded in accordance with article 2.3, if the stock proves insufficient to meet the order.
Article 3. Legal capacity and status
3.1 By placing an order, the Customer guarantees that he or she is of legal age and fully competent to enter into the sales agreement referred to in article 1.1.
3.2 Purchases via the website referred to in Article 1.1 are only open to consumers. The Customer declares to be a natural person and to act in the capacity of consumer, non-trader when entering into the sales agreement referred to in Article 1.
Article 4. Abuse of Law - Bad Faith
4.1 In case of reasoned suspicion by The Short Way of abuse of law or bad faith on the part of the Client, The Short Way is entitled to dissolve the agreement at the expense of the Client, without prejudice to The Short Way's right to claim compensation for the damage suffered as a result of the abuse of law or bad faith.
4.2 The Short Way is also entitled, in the event of a reasoned suspicion of abuse of law or bad faith on the part of the Customer, to close the Customer's account, in which case the Customer will no longer be able to place orders via the website.
Article 5. Delivery - transport costs - transfer of risk
Please read the terms about shipping, returning items and cancellation on the separate page.
Article 6. Payment
6.1 Payment must be made using one of the payment facilities offered on the website theshortway.be. The Customer declares to only use payment or credit or debit cards that he is entitled to use and declares that sufficient funds are available for the payment to proceed. Payment by bank transfer is only possible if this has been expressly agreed in writing between the parties.
6.2 In the event of late payment, a late payment interest of 10% per year from the due date is owed by operation of law and without notice of default.
6.3 In the event of late payment, compensation of 10% of the invoice amount with a minimum of 25 euros will also be owed by operation of law and without notice of default.
Article 7. Complaints
7.1 Complaints regarding visible defects must be submitted by the Customer to The Short Way, within forty-eight (48) hours after receipt of the ordered goods, by registered letter or by e-mail to the e-mail address info @ theshortway.be
7.2 Complaints with regard to hidden defects must be submitted by the Customer to The Short Way immediately, and no later than eight (8) days after the discovery, by registered letter or by e-mail to the e-mail address [email protected]
7.3 Complaints that are formulated outside the periods stated in Articles 8.1 and 8.2 will in no way create any liability on the part of The Short Way.
Article 8. Protection of personal data
8.1 The personal data communicated by the Customer in the context of his purchase will be processed by The Short Way in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC and the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
8.2 The Short Way undertakes to use the personal data obtained exclusively for the purpose of performing its obligations towards the Customer in the context of the sales agreement referred to in article 1 as well as to keep the Customer informed of its own actions. and promotions of The Short Way, and will always treat this information with due observance of the confidentiality required by such information.
8.3 The Short Way undertakes not to disclose the Client's personal data to third parties nor to use it for purposes other than those described in Article 9.2.
8.4 The Short Way takes appropriate technical and organizational measures to protect the Customer's personal data against accidental or unauthorized destruction, against accidental loss, as well as any other unauthorized processing of personal data.
8.5 The Customer's personal data will be kept by The Short Way for two (2) years after the last purchase by the Customer. After this date, these personal data will be immediately and definitively destroyed. If the Customer wishes to place an order via the website again after the aforementioned period of two (2) years, a new account will have to be created, if necessary.
8.6 The Customer has the right to inspect his personal data free of charge at any time and can correct them or have them corrected if they are incorrect or incomplete, have them deleted if there is reason to do so and have the processing thereof restricted of personal data concerning him.
The Customer has the right to object at any time free of charge to any processing of his personal data for the purpose of direct marketing.
The Customer can exercise his rights at any time by sending a request to The Short Way via [e-mail address and / or postal address and / or form on the website] whereby the Customer identifies his identity on the basis of his identity card and stating his address will show.
The Customer has the right to file a complaint with the Data Protection Authority, Drukpersstraat 35, 1000 Brussels.
Article 9. Cookies
9.3 The Short Way informs the Customer that he can stop accepting cookies at any time by adjusting the settings in his browser in this sense, on the understanding that this may hinder, limit or even make the use of the website impossible.
Article 10. Intellectual property
10.1 The Customer declares that he has been informed that the content of the theshortway.be website is protected by various intellectual property rights. Any reproduction, in whole or in part, of content from the website is prohibited without prior written consent from The Short Way.
10.2 Contrary to article 11.1, the Customer is entitled to print a copy for personal use of the pages that are relevant with regard to the purchase made by him.
Article 11. Liability
11.1 The Short Way bears no liability for damage to the software of the Customer or the loss of data by the Customer that could be associated with the use of the online webshop theshortway.be, nor for any fact that is the result. of such loss such as, without limitation, financial or commercial loss, increase in expenses, disruption of schedule or payments demanded by third parties.
11.2 The Short Way accepts no liability whatsoever for the accuracy of the information available on the online webshop theshortway.be.
11.3 The Short Way strives for the best possible availability of the online webshop theshortway.be, without however guaranteeing its availability in any way. Under no circumstances can The Short Way be held liable for the unavailability of the Webshop theshortway.be.
11.4 In any case, The Short Way's liability under the sales agreement and the use of the online web shop is limited to the lowest of either the amount of the last purchase made or the amount of 500 euros.
Article 12. Evidence
12.1 The parties mutually agree that they can provide proof of the realization of their obligations and their terms, as well as the implementation and termination thereof, on the basis of electronic data, such as the login details of the website and electronic messages.
Article 13. Applicable law and competent court
13.1 The purchase agreement between the Customer and The Short Way is governed by Belgian law.
13.2 In the event of a dispute, the courts of the province of Antwerp, Antwerp division have jurisdiction.
To the extent that a dispute falls within the material competence of the justice of the peace, only the court of peace of the 2nd canton of Antwerp is competent.