Terms and conditions
The online shop of GateNinety is the property of Jean-Christophe De Brackeleer (VAT BE0645902907) who is the operator of this site. Any order for a product appearing in the online shop gateninety.com requires prior consultation of these terms and conditions. Consequently, the consumer acknowledges that he is fully informed that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, as the customer wishes to order on-line the products presented in the context of the e-shop. The consumer has the option of saving or editing the present general conditions, it being specified that both the safeguarding and the edition of this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for a personal use.The online shop gateninety.com lists the following information:
1. legal notice enabling an accurate identification of the company represented by Jean-Christophe De Brackeleer (VAT BE0645902907). Company described under the name “gateninety.com” under the conditions described below
2. presentation of the essential characteristics of the proposed goods
3. indication, in Euros, the price of the goods and, where applicable, the delivery costs
4. indication of the terms of payment, delivery or execution
5. the existence of a right of withdrawal
6. the period of validity of an offer or price
7. the conditions for termination of the contract where the contract is for an indefinite period or for a period of more than one year
8. All of this information is presented in English. The consumer declares to have the full legal capacity enabling him to commit under these general terms and conditions
Article 1: Completeness
These terms and conditions express the full obligations of the parties. In this sense, the consumer is deemed to accept unreservedly all the conditions provided in these general conditions. No general or specific conditions contained in the documents sent or delivered by the consumer may be incorporated herein, provided that these documents are incompatible with these general conditions.
Article 2: Purpose
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by gateninety.com to the consumer.
Article 3: Contractual documents
This contract is made up of the following contractual documents, presented in descending hierarchical order: these general conditions; purchase order. In the event of any inconsistency between the conditions contained in documents of different rank, the conditions with higher rank shall prevail.
Article 4: Duration
These general terms and conditions come into force on the date of signature of the order form. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the end of the guarantees due by gateninety.com.
Article 5: Electronic signature
The “double click” of the consumer under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Confirmation of order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer within the order form.
Article 7: Proof of the transaction
Computerized records kept in the computer systems of gateninety.com under reasonable conditions of safety shall be regarded as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8: Product information
8-a: gateninety.com presents on its website the products to be sold with the necessary characteristics that make it possible to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before buying the essential characteristics of the products he wishes to buy.
8-b: The offers presented by gateninety.com are valid only within the limit of available stocks.
Article 9: Price
Prices are quoted in Euros and are valid only on the date of the sending of the order form by the consumer. They do not take account of the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the price of the products of the online shop. Payment of the full price must be made at the time of the order. At no time may the sums paid be considered as deposits or down payments.
Article 10: Method of payment
To complete its order, the consumer has, all the payment methods referred to in the order form. The consumer guarantees gateninety.com that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. Gateninety.com reserves the right to suspend any order and delivery in case of refusal of payment authorization by credit card from the official credit institutions or in case of non payment. Gateninety.com reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part for a previous order or with which a payment dispute is in progress, administration. Gateninety.com has set up an order verification process to ensure that no one else uses the bank details of another person without their knowledge. As part of this verification, the client will be asked to fax a copy of an identity document and proof of address to gateninety.com. The order will be validated only after receipt and verification by our services of the documents sent.
Article 11: Availability of products
The order will be executed at the latest within 3 days from the day following the day on which the consumer placed his order. In case of unavailability of the ordered product, in particular by our suppliers, the consumer will be informed as soon as possible and will be able to cancel his order. The consumer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product. The “pre-order” products must be paid at the time of the order. Especially, as a “pre-order” price is given at that time. The “pre-order” items are willing to be sent at the date indicated in the “pre-order” product description. If any other items are ordered and paid at the same time than “pre-order”, they will be send at the same time than “pre-order” products. If the customer wants to have the products in stock delivered as per the normal delivery timeframe, they should place a different order.
Article 12: Modalities of delivery
The products are delivered to the address indicated by the consumer on the order form. The consumer is obliged to check the condition of the packaging on delivery and to report the damages due to the carrier on the delivery note, as well as to gateninety.com, within one week. concerning the shipping, we mainly work with Bpost. As soon as we proceed with a shipment, you immediately receive an email informing you.
To reduce transport costs to the minimum, all products of low or medium size are shipped by a BPOST service. Besides being economical, this service delivers in 48 hours throughout Belgium and offers you the possibility of recovering the products ordered at your post office near the delivery address in case of absence at the delivery time. In practical terms, if you are absent on the day of delivery, your postman will leave a notice in your mailbox, which will allow you to withdraw your parcel from your post office during business hours, within 15 days. BPOST is a very reliable service. However, as in any shipment, there may be a delay in delivery or the product may be lost. In case of delayed delivery we ask you to notify us of this delay by calling us by telephone or by sending us an e-mail. We will then contact BPOST to start an investigation. A BPOST inquiry may take up to 21 days from the start date of the investigation. If during this period the product is found, it will be re-routed immediately to your home (the majority of cases). If, however, the product is not found at the end of the 21-day investigation period, BPOST considers the package as lost. We can not be held responsible for this loss (this is incumbent on the Post Office). Contact customer service if necessary.
Attention : Option letter is offered for smaller items. This option does not offer any tracking. Once sent, gateninety.com does not have any means to have status on the sending. If the letter does not reach you, gateninety.com can’t be responsible of the lost package. In any cases, no refunds or research can be offered by gateninety.com. If the customer does not accept these terms, the package option offering tracking and insurance must be chosen.
Article 13: Problems of delivery by the carrier
Any anomaly concerning delivery (damage, missing product, damaged package, broken products …) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the signature of the customer. The consumer must also confirm this anomaly by sending to the carrier within two (2) working days of the delivery date a registered letter with acknowledgment of receipt setting out the said claims. The consumer must send a copy of this letter by fax or by simple mail to:
Attn De Brackeleer Jean-Christophe
Allée Willy Chaufoureau 3 1400 Nivelles Belgium
Article 14: Errors of delivery
14-a: The consumer must formulate at gateninety.com the day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or non-conformity of products or quality in relation to the indications on the order form. Any claims made beyond this deadline will be rejected.
14-b: Formulation of this complaint with gateninety.com can be made: – priority by telephone on 0496 10 82 12 from Monday to Friday from 8 am to 6 pm, – by logging on our site in the “follow Your order “” where, after entering your customer number, you will be able to ask us your question through the menu contact us specifying well the reference of the order.
14-c: Any complaint not made in the rules defined above and in the time allowed will not be taken into account and will release gateninety.com from any responsibility towards the consumer.
14-d: upon receipt of the complaint, gateninety.com will assign an exchange number of the product(s) concerned and communicate it by e-mail, fax or telephone to the consumer. The exchange of a product can only take place after the attribution to the consumer of an exchange number according to the approach presented above.
14-e: In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to gateninety.com as a whole and in its original packaging, to the following address :
Allée Willy Chaufoureau 3 1400 Nivelles Belgium
To be accepted, any return must be notified in advance to the Customer Service of gateninety.com.
Article 15: Product Warranty
Pursuant to Article 4 of Decree No. 78-464 of 24 March 1978, the conditions shall not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of the hidden defects of the products sold . The consumer is expressly informed that gateninety.com is not the producer of the products presented within the website, within the meaning of the law n ° 98-389 of May 19, 1998 and relating to the responsibility for the defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the consumer’s liability can be sought by the consumer on the basis of the information on the packaging of the product. The terms and duration of the guarantee are given on the product sheets. Gateninety.com may, upon request, inform the consumer of the availability of spare parts of the products offered and the terms and conditions for obtaining them.
Article 16: Right of withdrawal
The consumer has a period of 10 working days to return, at his own expense, products that do not suit him. This period runs from the day of delivery of the consumer’s order. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day. All returns must be notified in advance to gateninety.com Customer Service: – first by phone at 0496 10 82 12 from Monday to Friday from 8 am to 6 pm, – by logging onto our site in the “follow your order” Where, after entering your customer number, you will be able to get your order number. The product must be returned by La Poste to Gate Ninety Allée Willy Chaufoureau 3 1400 Nivelles Belgium.
Products such as GD-Rom, Marquee, Stickers, must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Only the products returned in their entirety, in their original packaging complete and intact, and in perfect condition of resale will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, except for the costs of return. In the event of the exercise of the right of withdrawal, the consumer has the choice to ask either the refund of the sums paid or the exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the consumer.
In the event of exercise of the right of withdrawal, gateninety.com will make every effort to refund the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical verification (see products to be tested beforehand).
The consumer will then be refunded by crediting his / her bank account (secure transaction) in case of payment by credit card, or by transfer in other cases.
Article 17: Rights of Use
The right to use the software of gateninety.com, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has a right of reproduction exclusively for the making of a back-up copy, where this is necessary to preserve the use of the software. In any event, the author of the software retains a right of ownership over his work, which the consumer undertakes to respect.
Article 18: Force majeure
Neither party shall have failed to fulfill its contractual obligations to the extent that their performance is delayed, hindered or prevented by unforeseeable circumstances or force majeure. Any event or circumstance which is irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which can not be prevented by the parties, in spite of all reasonable efforts, shall be regarded as fortuitous or force majeure. The party affected by such circumstances shall notify the other party within ten working days of the date on which it becomes aware of it. In the event of force majeure, the two parties shall, within a period of one month, approach each other to examine the impact of the event and to agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the impacted party. Expressly, force majeure or unforeseeable circumstances, in addition to those usually adopted by the jurisprudence of Belgian Courts and Courts, shall be regarded as blocking means of transport or supplies, earthquakes, fires, storms, floods, lightning; The termination of the telecommunication networks or difficulties specific to the telecommunication networks external to the customers.
Article 19: Partial non-validation
If any provision of these Terms and Conditions is held to be invalid or declared to be invalid or unenforceable pursuant to any law, regulation or as a result of a final decision of a court of competent jurisdiction, And their scope.
Article 20: No waiver
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general conditions can not be interpreted in the future as a waiver of the obligation in question.
Article 21: Title
In case of difficulty of interpretation between any of the titles at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable Law
These general terms and conditions are subject to Belgian laws. This is so for the rules of funds as for the rules of form. In the event of a dispute or complaint, the consumer will address in priority to gateninety.com to obtain an amicable solution. In a second step and in case of recourse, the consumer can file a complaint with, via its dedicated dialog.
Article 23: Data Protection