Terms of Sales

The present terms of sales concern contractual relationships between C. Concept S.A., located at 46 route de Luxembourg, 6720 Habay-la-Neuve, and the customers who accept them. These terms of sales especially specify the conditions of order, payment, delivery and management of prospective products ordered by the customers. Any product order placed by a customer will imply his/her final and binding agreement regarding all terms of sales presented hereafter and exclude the application of any different or contrary provision that would be on the commercial documents or on the terms of purchase of the customer. No specific term can, unless formal and written agreement from C. Concept S.A., prevail over the present terms. Any contrary clause placed by the customer will thus, if not expressly accepted, be unenforceable to C. Concept S.A., whenever it would be notified to the latter. The fact that C. Concept does not claim at any given time the present terms cannot be interpreted as a renunciation by the latter to claim any of these terms later. C. Concept reserves the right to change at any time the present terms without prior notice, since it’s understood that such changes will be inapplicable to the services already acquired by the customer.

1. Project

In order to precisely define the needs of the customer, one or several meetings will be organized between C. Concept S.A. and the customer. According to these meetings, a quotation will be established for the specifications regarding the website, and a timetable with deadlines. The latter will have to be met by both parties. The customer commit to determine precisely his/her needs and not to change them once the quotation and specifications are accepted. Any change will be the subject of another customer consultation and will be charged separately according to the "Maintenance" paragraph. If the customer and C. Concept S.A. cannot reach agreement over the final content of the project, the deposit paid by the customer to C. Concept S.A., increased with the prospective cost of the domain name’s booking, is still due.

2. Website creation

A website can consist in static or dynamic pages. The content of these pages is created by C. Concept S.A., from texts and images provided or not by the customer. Once the text confirmed by the customer, any change will be the subject of separate contract except in case of minor changes.

3. Web hosting

CC. Concept S.A. call upon societies specialized in the hosting of websites to place the websites. These societies are independent from C. Concept S.A., who is simply a middleman between the customer and the hosting societies. From its part, according to the product, eligible or not, the customer can choose a third party, going without the assistance of C. Concept S.A. C. Concept S.A. reserves the right to charge as an extra any addition needed to ensure the service. C. Concept S.A. has no decision-making power over these societies and cannot under no circumstance provide other guarantees than those provided by the web hosting society. By agreeing with these terms of sales, the customer also accepts the contract of the web hosting society chosen by C. Concept S.A.
C. Concept S.A. disclaim all liability in case of inaccessibility or content loss in the customer’s website. C. Concept S.A. can, in the case of a breakdown, restore the static content and software in the dynamic part of the website at the customer’s express request, and so, as many times as necessary, without additional costs. The responsibility of the server management is a matter for the web hosting society. The customer declares he/she would do his/her level best to avoid introducing a virus or any other harmful computer system on the leased server. C. Concept S.A. disclaim all liability in case of a server infection due to the customer. Nevertheless, the website will be conceived in such a manner that its normal use cannot lead to a server infection.

4. Maintenance & updates

C. Concept S.A. performs the website maintenance by suggesting, according to the agreed conditions in the quotation:

  • The update of the website in accordance with the new browsers’ possibilities.
  • The setup of new animations, new images, texts’ review.

The addition of content or the change of the website has to be done following the determined process by mutual agreement of the customer and C. Concept S.A. C Concept S.A. can add content, and this always being under the responsibility of the customer. The information or documents needed for the updates have to be provided by the customer. The updates are subject to deadlines for submission (assistance, change in regulation, specific shutting down) and have to be sent soon enough so that C. Concept S.A. can transfer it quickly on the server (count 3 business days maximum upon receipt of the documents). In case it is not possible to meet the deadlines for personal and non-faulty reasons (holidays, disease, etc.). C. Concept S.A. will inform the customer. C. Concept S.A. cannot be held responsible for delays in the operations of maintenance in case of absolute necessity. By case of absolute necessity, we imply all circumstances beyond our control and skills disabling us to fulfil our obligations and commitments. This is so especially in case of a failure of an access link to the Internet, power outage, failure in the Internet network, telephone failure, fire, destruction, and so on; this list is not exhaustive.

5. Technical support

C. Concept S.A. offers a technical support by email and by telephone. The support by telephone will be provided during office hours, that to say between 9am and 5pm during Belgian business weekdays. The support by email is provided permanently, without guarantee of response time. The technical support only regards the website’s use and techniques directly related to its use. C. Concept S.A. will attempt to answer to any other question, without any determined time guarantee.

6. Commitment

The customer recognizes that the techniques used by C. Concept S.A. pertain to a complex domain of computer technology. The commitment of C. Concept S.A. takes on an obligation of means, C. Concept S.A. has to limit as much as possible in time and number the interruptions of service needed for maintenance or improvement. C. Concept S.A. commits to provide a website (for the purpose of Internet) including the following specific aspects:

  • No information and illegal content, contrary to the public order and to morality, whether it’s of a noticeable or coded nature, visible or hidden in the computer programs, will be displayed. The present contract can be ended automatically and without prior notice whenever the customer would commit, through creation or maintenance, release of information breaking national or international laws, morality, established uses, ethics, relative to spam or that could be perceived as discriminatory to sex, religion, race or culture, or that could be considered as harmful.
  • No private, confidential or medical information that could compromise the image of the society will be displayed.
  • A computer structure accessible to all specialists qualified in the website creation.
  • A visible and correct display for the various browsers’ modern versions.
  • A product composed of various features such as stated in the quotation.
  • The use of the most widespread technologies, freely chosen by C. Concept S.A., except for any specific request from the customer, in which case it should be stated in the quotation.

Regarding the website strictly speaking, it is established that C. Concept S.A. offers a final product responding to the quotation’s details. In no case, C. Concept S.A. can guaranty:

  • That the website requested by the customer will assure him/her a sales’ increase.
  • That the work provided will automatically generate visits on the website.

The performance can be modified and imply all types of related performances that would then be clearly detailed in the quotation.

7. Duration

The website creation does not, in no way, bind the customer to C. Concept S.A. for any duration. The contract of maintenance is thus established for a year on the date of signature with tacit renewal for another year. The contract of maintenance concluded between C. Concept S.A. and the customer takes effect, at the earliest, upon receipt by C. Concept S.A. of the order completed by the customer.

8. Customer cooperation

The customer commits to provide up to date content to integrate, as well as images that are at the free disposal of C. Concept S.A., according to the Belgian law. Moreover, the customer commits to shortly answer to requests for complementary information, otherwise the non-compliance to delivery deadlines cannot be attributed to C. Concept S.A. In case of online publishing of a video, the customer commits to provide a video of good quality. The movie creation is at the expense of the customer. In case of online publishing of a music, the customer commits to provide a music of good quality whose duty are paid to the author.

9. Responsability

C. Concept S.A. reminds that Internet can be considered as a public space and it is up to the customer to check the provided documents, whatever their supports or natures, are in compliance with the Belgian law. Only the customer’s responsibility can be committed as such. After delivery and check of the website’s proper functioning, C. Concept S.A. cannot be held responsible for access failure to the website, via Internet. The responsibility is a matter of the web host, access provider, telephone provider or the material used, possibly damaged.

10. Warranty

C. Concept S.A. guarantees the website for three months. This warranty gives to the customer the possibility to request minor changes on the website’s content, up to maximum an hour of work per page per month. By minor change, C. Concept S.A. implies: additions, withdrawal or change of text on the website, some pages’ names. Except for the change in graphic interface, the website’s general structure or navigation system, any more substantial change will be invoiced separately at the established price by the maintenance service. After those three months, any change to the website will be invoiced at the maintenance price rate.

11. Secret

The client authorizes C. Concept S.A. to collect personal data as well as information regarding the customer in a computer file for internal organisation purposes only. The content of this file can be requested by written notice to C. Concept S.A. and the modification can be requested according to the law on the protection of privacy of December 8th 1992. C Concept S.A. guarantees that personal information (name, address, telephone number) will not be given in, nor sold to a third party without the customer’s authorization. C. Concept S.A. also commits to never communicate any sensible information that it accessed by the customer, who concerns him/her directly, or indirectly, and was not the subject of a public disclosure beforehand.

12. Change to the law

In case of changes in the Belgian law, it is immediately applicable. If these changes aim to render impossible the execution of a contract by one of the parties, the latter has to inform the other party by registered letter with acknowledgement of receipt. In case this law could lead to make the customer’s society illicit or the construction of the website impossible, the amounts paid are to be forfeited.

13. Litigation

For any dispute, the parties admit that they will choose a mediator to resolve the dispute. In case the mediation would fail, or if the parties fail to point out a mediator in a period of 30 days, the dispute will be referred to the closest Commercial Court.

14. Delivery of a website

The website will be the subject of the online publishing. The online publishing equals to the delivery of the website. Upon request from the customer, C. Concept S.A. can provide a copy on an independent computer support. The customer and C. Concept S.A. check up together the accessibility of the website online on the day of delivery. If the customer requests it, a deadline for the website to be in operation can be established and set in the quotation. This delivery deadline are given for information purposes only and cannot constitute a formal commitment from us. A delay in delivery cannot lead to any compensation nor to the order cancellation. The delivery times indicated on our quotations are maintained as much as possible but only take course from the moment when we are in possession of all needed information for the execution of the work. C. Concept S.A. will do its level best to meet this deadline. However, C. Concept S.A. cannot ensure the respect of these deadlines if the customer has not provided documents necessary to the website’s creation on schedule and in the format established by common agreement. The favourite format is electronic (texts, images). The use of non-electronic documents can slow down the website’s development.

15. Proprety

This is not a penalty clause and cannot be named as such. It establishes a safety concerning C. Concept S.A. It is a substantial condition for these terms of sales. In case of transmission of the customer’s society, the customer commits to continue its contract by its legal successor. In case the website would be delivered and unpaid, the latter cannot be the subject of an integration in the business property. Until full payment, the website belongs to C. Concept S.A. The fact that the website is not published online cannot make the leasing contract groundless. Even if the customer returns the computer support on which the website was delivered, the amounts are still due.

16. Contents protection and professional ethics

Copyrights

Texts, layout, designs, photos, movies, graphic elements and other parts of our works are protected by copyrights. Any copy, translation, arrangement, communication, exploitation, change of all or parts of these works or websites in any form whatsoever and by any means whatsoever, electronic, printed or else, is strictly prohibited unless prior and written agreement from C. Concept S.A. On the other hand, C. Concept S.A. can make use of its own work.

Regarding the intellectual property, it is established that:

  • Any element provided by the customer remains its property.
  • Any element provided by C. Concept S.A. (photos, designs, animations, graphic elements) become the customer’s property after payment of the invoice balance. However, regarding programming elements, C. Concept S.A. offers a license to the customer and reserves the right to use these elements furthermore, except if special conditions are established in the quotation.
  • Any element changed by C. Concept S.A. and provided by the customer is the customer’s property regarding the starter element, and is C. Concept S.A.’s property changes in programming elements.
  • Any element provided by a third-party remains its property.
  • In case of contract dissolution following breach of contract from C. Concept S.A., failures for personal non-faulty reasons, bankruptcy, content already developed by C. Concept S.A. remains C. Concept S.A.’s property or its right owners.
  • It is within the competence of the customer to ensure and prove if necessary that he/she possesses the rights on the elements provided to C. Concept S.A.

Contents’ protection

All content created by us is protected by a right « sui generis » which autorizes us to prohibit any extraction and/or reuse of all or a part of this content.

Contents’ responsibility towards a customer

C. Concept S.A. disclaims all liability as to the customer’s websites contents (editorial and illustrative). It is up to the customer to check the origin of the documents provided by C. Concept S.A. and to discharge prospective user fees; the customer thus take all responsibility, including legal expenses, in case of complaint, out of court or adjudicatory from a third-party considering her/himself aggrieved. Any later change caused by the non-respect of this principle will lead to an invoice by C. Concept S.A. for the complementary services support by corrections. On the other hand, the customer will have to approve before online publishing the texts and illustrations laid out by C. Concept S.A.

Contents’ responsibility towards internet users

We take utmost care of the creation and update of our websites as well as of our commercial partners’ selection. We cannot however guaranty the information’s accuracy. We disclaim all liability as to the content: products or services offered via our webpages and laid out by us cannot be considered as validated by C. Concept S.A. both from a legal, suitable, performing point of view or price accuracy. The user is aware that the information, especially on products and services offered for sale, as well as prices may be changed without prior notice.

Links

In case links would be created with other websites, C. Concept S.A. can in no way be held responsible for these other websites’ content or existence.

Business ethics

The customer commits, during the whole duration of the contract and up to 6 months after its closing date, not to make any proposal for work, collaboration or partnership to an employee or any subcontractor of C. Concept S.A., within the precise course of the contract binding the customer and C. Concept S.A.

17. Preservation and confidentiality of customer’s data

All data provided to C. Concept S.A. by the customer are treated as strictly confidential. However, C. Concept S.A. disclaims all liability as for misuse of collected email addresses and used by and/or for its customer. In spite of this fact, each e-news sent presents an option for unsubscription. At the end of the contract, only a printed version of the customers’ database (cardboards + forms) can be requested by the customer. Any request of information from C. Concept S.A. has to be checked by the customer who has to ensure the authenticity of the request. In case of doubt, only a phone call to Caroline Bernier can push aside the risk of prospective embezzlement. C. Concept S.A. manages its data with care and possesses several databases. C. Concept S.A. cannot be held responsible for the loss or distortion, partial or total, resulting of a case of absolute necessity (theft, fire, flood, explosion, or anything else). In case its responsibility would be committed, it would limit to the only market value of replacement of supports (documentation, cd, photos, etc.). The customer commits to never attempt to take ownership of data or customers’ files from C. Concept S.A., or one of its interfaces, which are not directly related to its account.

18. Brands and commercial names

Presence of our logo: all our prices imply the presence of our logo on all works created or produced by us. Unless stated otherwise, the dimensions of our logo cannot be less than 20 % 50 PX or more than 200 % 500 PX.
Logo and link: on any website, our logo will be linked to the present C. Concept S.A.’s website. At any time and without any justification, we reserve the right to withdraw our logo and its link.
Names & brands: the names, logos and other signs used on our web portals, among others the logos « maigrir-plaisir », wellness, etc… are brands and/or commercial names legally protected. Any use of the latter or of similar signs is strictly prohibited without prior and written agreement from C. Concept S.A.

19. Sales via e-shop

The detail of specific conditions related to the customer’s e-shop is linked on its homepage. C. Concept S.A.’s responsibility concerning the management of its e-shop is limited to the commercial interface. Any buyer is thus subject to the terms of sales of each seller or shopkeeper. Only people aged over 18 years old are authorized to buy on an e-shop. It is not up to C. Concept S.A. to check the birthdate of each buyer. Shipping and packaging fees are extra and depend on the location of delivery, the weight and volume of the package ordered. Any pricing is clearly notified on the online purchase order. During an order via the website, whenever the customer confirms its order by clicking on the « validate » button, he/she declares that he/she accepts the specific conditions related to the e-shop, as well as the whole present terms of sales.

20. Payment modes

Bank transfer

Choose « bank transfer », all information are stated.

Your order will be confirmed upon receipt of your bank transfer. An email of confirmation will then be sent to you.

Paypal

Paypal, mondial leader in the matter of online payment, enables you to pay your purchases safely. If you own a PayPal account, choose « pay with PayPal ». You will be redirected on the PayPal website in order to sign in and confirm your payment.

21. Shipping costs and travel expenses

Shipping

Except upon specific request from the customer, the postal dispatches travel by post, at the receiver’s risks.

Travels

All travel expenses are invoiced to the customer, from which are subtracted any package already included in the quotation. In case of travel expenses by car, the counting starts from our office at the rate of 0,50€ per kilometre. For all other shipping means (plane, train, boat, renting car, …), real fees are invoiced, as well as for accommodation fees: hotels and restaurants.

22. Right of withdrawal and cancellation fees

You have 14 calendar days upon receipt of your order (if your order contains a product) or submission of your order (if your order contains a service) to withdraw your order.

Any cancellation of order in development lead to an automatic loss of the deposit plus a prospective compensation, following the state of progress; compensation that can go to maximum 75% of the total price excluding VAT. C. Concept S.A. provides the customer with internet solutions, through annual leases. In case of termination of the contract, according to the terms mentioned in the condition « Duration », and on condition that all due payments are fully paid, the customer keeps at his/her disposal the specifications, graphic standards and web material produced by C. Concept S.A., the lot in printed version (paper folder) and for the only purpose of personal use; it is prohibited to copy, give in or spread. The materials resulting from bank images are subtracted, as they only offer the right of limited use for the duration of the contract binding the customer to C. Concept S.A. The customer keeps exclusively the rights of use for the web format of the published texts and illustrations, materials that he/she would mind to save, before termination of the contract, in the format of his/her choice. Any other use is subject to copyright regulations.

23. Overdue payment

Formulas with constant monthly payment are to be paid each month via standing order. Each payment will be charged at the oldest due date.

In case of delay in payment:

  • 15 days after due date, a reminder will be sent to the customer
  • Without full adjustment after another time limit of 15 days, C. Concept S.A. will apply the legal interest rate, uprated with 25 € of administrative fees.
  • From 2 overdue payments, C. Concept S.A. reserves the right to recess the lot of its provided services; such suspension cannot lead to any compensation whatsoever. Reactivation of the customer’s website, after full payment, will cause the invoice of a complementary amount equal to a monthly payment.
  • Any other overdue payment will give cause by rights and without formal notice for the application of a legal interest rate increased with 5 % per year and for a conventional, packaged and irreducible compensation of 15 % on the overdue payments, with a minimum of 100 €, without prejudice of suspension or termination of the present contract. The contract can also be terminated by C. Concept S.A. without prior notice in case of bankruptcy, request for an arrangement, failure, request for collective settlement of debts, or insolvency, in general.

24. Taxes and rights

All taxes and rights established or to establish by the Belgian Government or other competent authority are at the expense of the customer.

25. Legal dispute

The only language reference is French. The present terms of sales and any related contract or convention are governed by the Belgian law. Any dispute regarding the interpretation or the execution of the present terms fall within the exclusive jurisdiction of the court of the district of C. Concept S.A.’s head office. The losing party will defray the cost of arbitration, including, to a reasonable extent, the legal fees of the other party. If one or several provisions from the present terms of sales are considered invalid or declared as such in the implementation of a law, a regulation or following a final decision from a qualified jurisdiction, the other conditions remain with the same impact. However, both parties can by mutual agreement, agree on replacing the condition(s) invalidated.

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