The website: rubco.be (hereinafter the 'platform')
is an initiative of:
RUBCO N.V
Nijverheidslaan 1553, 3660 Oudsbergen
Company number (KBO/VAT): BE0420.070.871
Email: info@rubco.be
Telephone: +32 89 81 23 85
(hereinafter 'RUBCO NV' or the 'seller')

I. GENERAL TERMS OF USE

1. Scope of application

These general terms and conditions of use (hereinafter referred to as the "GCU") 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 having read these GCUs and expressly accepts the rights and obligations stated therein. Exceptionally, the provisions of the GCUs may be waived by written agreement. Such deviations may consist of the amendment, addition or deletion of the provisions to which they relate and do not affect the application of the other provisions of the GCUs. We reserve the right to change our GCUs at any time without notice, but we commit to applying the provisions that were 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 functioning, security and accessibility of our platform. However, we cannot offer an absolute guarantee of performance and our actions should therefore be regarded as covered by an obligation of means. Any use of the platform is always at the user's own risk. We are therefore not liable for any damage 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 suspend its operation at any time, without notice.

b. Contents

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 up-to-date as possible, even when the information about it is provided by third parties. We reserve the right to change, supplement or delete the platform and its content at any time, without any liability. RUBCO NV cannot offer an absolute guarantee with regard to 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 damage, direct or indirect, that the user may suffer as a result of the information provided on the platform. If certain content of the platform violates the law, rights of third parties or violates public decency, please inform us as soon as possible by e-mail so that we can take appropriate measures. Any download from the platform is always at the user's own risk. RUBCO NV is not liable for 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 exclusively reserved for natural persons with legal capacity, after completing and validating the registration form available online on the Platform and these GCU.

At the time of registration, the user undertakes to provide correct, honest and up-to-date information about himself and his marital status.

The user must also regularly check the data concerning him/her to ensure its accuracy. The user must therefore provide a valid e-mail address, on which the platform will send him/her a confirmation of his registration to his services. An email address cannot be used more than once to register for the services.

Any 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 it receives at this e-mail address and, if necessary, to answer them within a reasonable period of time.

Only one registration is allowed per person.

The user is assigned an identification code 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 undertakes not to communicate it to third parties.

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

2. Unsubscribe

The user who is regularly registered can request to unsubscribe at any time by visiting the dedicated page in his personal space. Any deregistration from the platform will be effective as soon as possible after the user has completed 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 the content online without giving reasons. In the same way, the content published by a user can be changed or deleted without any reason or term.

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

3. Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between RUBCO NV and the external website or even that there is an implicit 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 functioning of the hyperlinks and their final destination. As soon as the user clicks on the hyperlink, he/she will leave the platform. We can therefore not be held liable for further damage.

4. Intellectual Property

The structuring of the platform, as well as the texts, graphics, images, photos, sounds, videos, databases, computer applications, etc. that make up the platform or that are accessible via the platform, are the property of the publisher and are protected as such by applicable intellectual property laws.

Any representation, reproduction, adaptation or partial or total exploitation of the content, brands and services offered by the platform, by any means whatsoever, without the prior express written consent of the publisher, is strictly prohibited, with the exception of elements expressly are marked as royalty-free on the platform.

The user of the platform is granted a limited right to access, use and view 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 agreed in writing in advance, the user is not permitted to modify, reproduce, translate, distribute, sell and communicate the protected elements in whole or in part to the public.

The user is prohibited from entering data on the platform that would change or could change the content or appearance of the platform.

5. Protection of personal data

RUBCO NV assures the user that they attach the utmost importance to the protection of their privacy and personal data, and that it always strives to communicate clearly and transparently on this point.

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

RUBCO NV 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 and the European regulation of 27 April 2016 on the protection of natural persons in relating 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 Competent Jurisdiction

These AGVs are governed by Belgian law. In the event of a dispute and in the absence of an amicable settlement, the dispute will 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 change, expand, remove, limit or interrupt the platform and associated services at any time, without prior notice and without liability.

In the event of a breach of the GCU 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 can be taken without giving reasons and without prior notice. They cannot entail the liability of RUBCO NV, nor give rise to any form of compensation. The illegality, total or partial invalidity of any provision of our GCU shall not affect the validity and application of the other provisions. In such a case, we are entitled to replace the provision with another valid and comparable provision.

II. GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of application

These general terms and 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 the 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 can be made in exceptional cases, provided that these exceptions have been agreed in writing. Such deviations may consist of amending, adding or deleting the provisions to which they relate and do not affect the application of the other provisions of the GTC. RUBCO N.V reserves the right to change the GTC 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 makes available to the customer 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 greatest possible accuracy. However, in case of errors or omissions in the presentation, the seller cannot be held liable for this fact. The 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 prices indicated and the taxes in force at the time of the order are applicable, subject to availability on that date. The prices are indicated in euros and do not take into account any delivery costs, which are also indicated and invoiced before the validation of the order by the customer. The total amount of the order (including all taxes) and, if applicable, the delivery costs, will be stated before the final validation of the order form.

4. Order online

The customer has the option of completing 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 these GTC 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 seller can take place via this email address. In addition, the customer must choose the mode of delivery and validate the method of payment. 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. Confirmation and payment of the order

The seller retains ownership of the ordered items until full payment of the order has been received.

A: Payment
The customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation is in lieu of a signature. The customer guarantees to 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 under the order. The seller has established a procedure to check orders and means of payment in order to reasonably protect it against any fraudulent use of a means of payment, including by requesting identification data from the customer.

In the event of refusal to authorize payment by credit card by accredited organizations 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 or only partially completed a previous order or with whom a payment dispute is pending.

B: Confirmation
Upon receipt of the validation of the purchase with payment, the seller will send the customer part of the purchase, as well as an invoice, unless the latter is delivered with the order. The customer can request that the invoice be sent to an address other than the delivery address by sending a request to the customer service before delivery. In the event of unavailability of a service or product, the seller will inform 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, leaving the remainder of the order remains fixed and final.

6. Evidence

The communications, orders and payments between the customer and the seller can be evidenced by automated records, which are kept in the seller's computer systems under reasonable security conditions. The orders and invoices are archived on a reliable and durable medium, which is regarded in particular as evidence.

7. Delivery

Delivery only takes place after confirmation of payment by the seller's bank. The products are delivered to the address indicated by the customer on the online order form. Additional costs resulting from incomplete or incorrect information from the customer will be charged to the customer. For reasons of availability, an order may depend on several consecutive deliveries to the customer. Delivery takes place, according to the method chosen by the customer, within the following terms: standard delivery in Benelux is one to a maximum of two days. For other countries you will find the delivery times in the shipping costs section. The delivery times are indicative. No compensation can 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 canceled and the customer reimbursed.

A: Checking the order
Upon receipt of the products, the customer or the recipient checks the good condition of the delivered product 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 formulate the necessary reservations to the carrier at the time of delivery and immediately inform the seller. The verification is deemed to have been carried out as soon as the customer, or a person authorized by him, has accepted the order without reservation. Any reservation not made in accordance with the rules defined above and within the time limits set cannot be taken into account and releases the seller from any liability towards 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 inform the seller within three working days of the delivery date. Any complaint not submitted within the time limit cannot be taken into account and releases the seller from any liability towards 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 unused items. The return shipment must be in our possession within 30 calendar days after delivery. If you opt for credit, we will refund the purchase amount to your account within 14 days after receipt and processing. You will of course be kept informed of this. Do you want 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. If the product you want has a delivery time, we will first contact you about this. RUBCO NV does not exclude items from the 30-day right of return. However, we would like to ask you to take into account that a fee of up to 100 % may be charged because some items cannot be returned or exchanged due to their nature. This applies, for example, to the following articles:
 – clothing items can only be returned (unworn) in the original, sealed packaging;
 – equipment that 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, a compensation for depreciation may be requested. You will always be informed by us if this is the case. 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 releases the seller from any liability towards the customer. Any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging. The costs for the return shipment are the responsibility of the seller.

8. Warranties

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 guarantee 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 guarantee of conformity. Notwithstanding, if the purchased product was a second-hand 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 no later than two months after the discovery of the sale.

9. Right of withdrawal

If the customer is a consumer, he can exercise his statutory right of withdrawal within 14 working days after the delivery of the goods or the conclusion of the service agreement. After notification of his decision to withdraw, the customer then has 14 days to return or return the goods. Any withdrawal that is 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 towards the customer. The customer can request a refund of the returned product, without any additional costs, the costs of return being borne by the seller. The return or exchange of the product can only be accepted 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 will reimburse the customer for all amounts paid, including delivery costs, within 14 days of taking back the goods or sending proof of dispatch of the goods. If the order relates in whole or in part to digital content that is not delivered on a physical carrier, the customer agrees to lose his right of withdrawal for such digital content in order to be delivered as soon as possible.

10. Data Protection

The seller shall retain in its computer systems and under reasonable security conditions proof of the transaction, including the purchase order and invoice. The seller guarantees to its customer the protection of its personal data in accordance with the privacy policy available on the platform.

11. Force Majeure

Force majeure applies if the seller is wholly or partially prevented from executing the order due to an unforeseen circumstance beyond his control. In case of force majeure, the seller has the right to suspend the execution of the order in whole or in part for the duration of the force majeure. The seller will immediately inform the customer of this. If the force majeure continues for more than 90 days without interruption, each of the parties to the contract has the right to terminate the contract unilaterally, by registered letter to the other party. The services already provided by the seller will nevertheless be invoiced to the customer on a pro rata basis.

12. Independence of the Provisions

If one or more provisions of these GTC are declared illegal or void, the remaining provisions will remain in full force and effect.
The illegality or total or partial invalidity of any provision of these GTC 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 equivalent effect.

13. Governing Law and Competent Jurisdiction

These GTC are governed by Belgian law. In the event of a dispute and in the absence of an amicable settlement, the dispute will be submitted to the courts of the judicial district of the seller's registered office.