GENERAL CONDITIONS OF USE AND SALE

Table of Contents 

Updates I 26/04/2021

The website
Kairos Press
(hereafter the « Platform »)

is an initiative of : Kairos ASBL
Theophile Vander Elst Street, 89
1170 Watermael-Boitsfort
Company number (ECB/VAT) : BE 0537.473.436
E‑mail : info@kairospresse.be
Telephone: +32485057744
Regulated profession: Journalist in Brussels
https://www.lecdj.be/wp-content/uploads/Code-deoon-tMAJ-2017.pdf
Code of conduct: journalistic code of ethics
https://www.lecdj.be/wp-content/uploads/Code-deonto-MAJ-2017.pdf (hereinafter « Kairos ASBL » or the « Seller »)

I. GENERAL TERMS AND CONDITIONS OF USE

1. Scope of application

These general terms and conditions of use (hereinafter the « GCU ») apply to any visit or use of the Platform and its information by an Internet user (hereinafter « User »).

By visiting or using the Platform, the User acknowledges having read these Terms and Conditions and expressly accepts the rights and obligations mentioned herein.

In exceptional cases, the provisions of the GCU may be waived by written agreement. These waivers may consist of the modification, addition or deletion of the clauses to which they relate and do not affect the application of the other provisions of the TOU.

We reserve the right to change our TOU at any time without notice, but we will apply the terms that were in effect at the time you used our Platform.

2. Platform

a. Access and navigation

We take all reasonable and necessary steps to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer an absolute guarantee of operability and our actions must therefore be considered as being covered by an obligation of means.

Any use of the Platform is always at the User’s own risk. Therefore, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or harmful elements present on the Platform.

We reserve the right to restrict access to the Platform or to discontinue its operation at any time without prior notice.

b. Content

Kairos ASBL largely determines the content of the Platform and takes great care of the information on it. We take all possible steps to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, add to or delete the Platform and its contents at any time without liability.

Kairos ASBL cannot offer an absolute guarantee regarding the quality of the information on the Platform. Therefore, this information may not always be complete, accurate, sufficiently precise or up-to-date. Therefore, Kairos ASBL cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information on the Platform.

If any content on the Platform violates the law or the rights of third parties, or is otherwise unethical, we ask you to inform us as soon as possible by e‑mail so that we can take appropriate action.

Any download from the Platform is always at the User’s risk. Kairos ASBL cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User’s computer system, which is entirely and exclusively the responsibility of the User.

c. Services reserved for registered Users

1) Registration

Access to certain services is conditioned by the User’s registration.

Registration and access to the services of the Platform are reserved exclusively for individuals who are legally capable, having completed and validated the registration form available online on the Platform as well as the present GTC.

When registering, the User agrees to provide accurate, truthful and up-to-date information about himself and his civil status. The User must also regularly check the data concerning him/her in order to maintain its accuracy.

The User must therefore provide a valid e‑mail address, to which the Platform will send him/her a confirmation of his/her registration to its services. An email address may not be used more than once to register for Services.

Any communication made by 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 on this e‑mail address and, if necessary, to reply within a reasonable time.

Only one registration is allowed per person.

The User is given an identifier allowing him/her to access a space reserved for him/her (hereinafter « Personal Space »), in addition to entering his/her password.

The User’s login and password can be changed online by the User in his Personal Space. The password is personal and confidential, and the User undertakes not to communicate it to third parties.

Kairos ASBL reserves the right to refuse a request for registration to the Platform services in case of non-compliance by the User with the GTC.

2) Unsubscribe

Users who are regularly registered may request to be removed from the list at any time by going to the dedicated page in their Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the form provided for this purpose.

3. Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that a relationship exists between Karios ASBL and the external website or even that an implicit agreement exists with the content of these external sites.

Kairos ASBL 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 leaves the Platform. Therefore, we cannot be held responsible for any subsequent damage.

4. Intellectual Property

The structure of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that make it up or that are accessible via the Platform are the property of the publisher and are protected as such by the laws in force under intellectual property.

Any representation, reproduction, adaptation or exploitation of the contents, trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written permission of the publisher, is strictly prohibited, except for elements expressly designated as free of rights 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, non-commercial purposes. Except with prior written consent, Users are not authorized to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.

The User is prohibited from introducing data to the Platform that would change or be likely to change its content or appearance.

5. Protection of personal data

The personal data provided by the User when visiting or using the Platform are collected and processed by Kairos ASBL exclusively for internal purposes. Kairos ASBL assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it is always committed to clear and transparent communication on this point.

Kairos ASBL undertakes to comply with the applicable legislation on the subject, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The User’s personal data are processed in accordance with the Privacy Policy available on the Platform.

7. Applicable Law

The Terms and Conditions of Use and Sale, all acts and transactions hereunder and the rights and obligations of the parties hereto shall be governed by and construed in accordance with Belgian law, and the parties consent to the jurisdiction of Belgium.

8. General provisions

Kairos ASBL reserves the right to modify, extend, delete, limit or discontinue the Platform and the associated services at any time, without prior notice, and without incurring any liability.

In case of violation of the TOS by the User, Kairos ASBL reserves the right to take appropriate sanctions and remedies. Kairos ASBL reserves the right to deny the User any access to the Platform or to our services temporarily or permanently. These measures may be taken without giving any reason and without notice. They cannot engage the responsibility of Kairos ASBL or give rise to any form of compensation.

The illegality or invalidity, in whole or in part, of any provision of our TOU shall not affect the validity and enforceability of any other provision. In such a case, we have the right to replace the provision with another valid provision of similar scope.

It. GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of application

These general terms and conditions of sale (hereinafter the « GTC ») define the reciprocal rights and obligations in case of purchase of products or services on the Platform by a User (hereinafter « Customer »).

The GTC express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.

In exceptional cases, deviations from the provisions of the GTC may be made, provided that such deviations have been agreed upon in writing. These deviations may consist in the modification, addition or deletion of the clauses to which they relate and shall not affect the application of the other provisions of the GTC.

Kairos ASBL reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online for any purchase after this date.

2. Online store

Through the Platform, the Vendor provides the Customer with an online store presenting the products or services sold, without the photographs having any contractual value.

The products or services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the responsibility of the Seller cannot be engaged by this fact.

The products and services are offered within the limits of their availability. Prices and taxes are specified in the online store.

3. Awards

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 will apply, subject to availability at that time.

The prices are indicated in euros and do not take into account the possible expenses of delivery, which are indicated and invoiced in supplement before the validation of the order by the Customer.

The total amount of the order (including all taxes) and, if applicable, delivery costs is indicated before final validation of the order form.

4. Order online

The Customer has the possibility to fill in an order form online, by means of an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.

In order for the order to be validated, the Customer must accept the present GTC by clicking on the place indicated.

Customer must provide a valid email address, billing information and, if applicable, a valid shipping address. Any exchange with the Seller may be made by means of this e‑mail address.

In addition, the Customer will have to 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, wrong address or any other problem on the Customer’s account, until the problem is resolved.

5. Confirmation and payment of the order

The Seller remains the owner of the ordered items until full payment of the order is received.

a. Payment

The Customer makes the payment at the time of the final validation of the order using the chosen method of payment. This validation takes the place 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 given to this effect is proof of his consent to the sale as well as to the due date of the sums due under the order.

The Seller has set up a procedure for checking orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.

In case of refusal of authorization of payment by credit card from the 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 not paid in full or in part for a previous order or with whom a payment dispute is pending.

b. Confirmation

Upon receipt of the validation of the purchase with payment, if the Customer requests an invoice from the Seller, the Seller will send an invoice as soon as possible.

The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the customer service department (see contact details below) before delivery.

In case of unavailability of a service or a product, the Seller will inform the Customer by e‑mail as soon as possible in order to replace it or to cancel the order of this product and possibly to refund the related price, the remainder of the order remaining firm and definitive.

6. Subscriptions

This section applies in addition to the other provisions of the contract for any subscription to the newspaper to which the Customer subscribes via the Platform.

The subscription to the newspaper entitles you to :

Unlimited access to the articles on the platform, during the period of validity of the subscription.

Customer will be billed as follows:

If the customer wishes to receive an invoice, it will be provided to him at his request and by email. The duration of the subscription is one year, two years or three years, at the Customer’s choice. The price of an exclusively digital subscription is 12€ per year; the subscription giving access to the paper journal costs 18€ per year for individuals and 40€ per year for organizations. These amounts are valid for Belgium only. A supplement of 6€ per year applies to subscriptions with delivery in the European Union (excluding Belgium) and a supplement of 12€ per year is required for the rest of the world. These surcharges are applicable only to subscriptions that include the paper newspapers.

All subscriptions are for a minimum period of one year.

7. Proof

Communications, orders and payments between the Customer and the Vendor may be proven thanks to the computerized registers kept in the Vendor’s computer systems under reasonable security conditions. The purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

8. Delivery

Delivery is made only 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 erroneous information by the Customer will be charged to the Customer. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.

The delivery intervenes, according to the mode chosen by the Customer, within the following times:

  • The mailing takes place at the end of the paper journal, in the week following its publication.

The delivery times are given as an indication. No compensation may be claimed from the Seller or the carrier for late delivery. If the delivery time exceeds thirty days from the order, the sales contract can be cancelled and the customer refunded. In the case of the delivery of newspapers, a delay of thirty days after the publication of the newspaper will entitle the customer to a refund of only the issue of the newspaper in question. A possible cancellation will be effective for all future issues as well, giving rise to a refund of the number of newspapers remaining for the period of the subscription, at the price of the newspaper according to the rate that was in effect when the subscription was taken out.

If the Customer has provided an erroneous or incomplete address, he/she will not be able to demand a refund for the product(s) that have not been received.

a. Checking the order

Upon receipt of the products, the Customer or the recipient shall verify 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 make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller.

The verification is considered to have been carried out as soon as the Customer or a person authorized by him has received the order without expressing any reservations.

Any reservation not made in the rules defined above and within the time limits given cannot be taken into account and will release the Seller from any responsibility towards the Customer.

b. Delivery error

In case of error of delivery or non-conformity of the products compared to the indications appearing on the order form, the Customer shall inform the Seller within three working days following the delivery date.

Any claim not made within the time limit will not be taken into account and will release the Seller from any responsibility towards the Customer.

c. Feedback and exchanges

The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, according to the following procedures:

The product must be returned within one week of receipt in perfect condition.

Any claim and any return not made in the rules defined above and within the time limits could not be taken into account and will release the Seller from any responsibility towards the Customer.

Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. The return costs are at the expense of the Customer.

9. Guarantees

The Seller is responsible for the conformity of the products or services to the contract in accordance with the law in force at the time of the conclusion of the contract.

a. Guarantee of conformity

If the Customer is a consumer, he has a period of two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the product purchased was a second-hand item, the warranty period is one year.

The lack of conformity must be reported to the Seller as soon as possible and, in any event, no later than two months after its discovery.

10. Right of withdrawal

If the Customer is a consumer, he/she can exercise his/her legal right of withdrawal within 14 working days following the delivery of the goods or the conclusion of the service contract.

After having communicated his decision to withdraw, the Customer has 14 days to return the goods.

Any withdrawal not made in accordance with the rules and deadlines defined in this article shall not be taken into account and shall release the Seller from any responsibility towards the Customer.

The Customer may request a refund of the returned product, without penalty, with the exception of the return shipping costs, which remain at his expense.

The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.

Seller shall refund Customer the full amount paid, including delivery charges, within 14 days of the recovery of the goods or the transmission of proof of shipment of such goods.

If the order concerns, in whole or in part, a digital content not provided on a material support, the Customer hereby agrees to lose, for this digital content, his right of withdrawal in order to be delivered as soon as possible.

Sample withdrawal form

Attention:

Kairos ASBL
Theophlie Vander Elst Street, 89
1170 Watermael-Boitsfort
Company number (ECB/VAT): BE 0537.473.436
E‑mail : info@kairospress.ebe
Telephone: +32485057744

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):

___________________________________________
___________________________________________
___________________________________________

Ordered on(*)/received on(*) : _____________________
Name of consumer(s): _____________________
Address of consumer(s): _____________________

Signature of consumer(s) (only if notifying this form on paper) : 

_____________________

Date: _____________________

* Delete as appropriate

12. Force majeure

If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond its control, this shall be deemed force majeure.

In case of force majeure, the Seller is entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller shall immediately notify the Customer.

If the force majeure continues for more than 90 days without interruption, either party to the contract shall have the right to terminate the contract unilaterally by registered letter sent to the other party. The services already performed by the Seller will nevertheless be invoiced proportionally to the Customer.

13. Independence of clauses

The illegality or invalidity of any provision of these GTC shall not affect the validity and enforceability of the remaining provisions. Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.

14. Applicable law and jurisdiction

These GTC are governed by Belgian law.

In the event of a dispute and in the absence of an amicable agreement, the dispute shall be brought before the courts of the judicial district of the Seller’s registered office.

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