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General terms and conditions of sale

TREE-D sa/nv - General terms and conditions

Introduction

We are delighted that you wish to make use of the services we provide at TREE-D nv/sa, the company with which you've just signed an agreement.

Below you'll find the general terms and conditions applicable to these services. They apply to the "orders" section of the e-shop. As a customer, you'll understand that you're bound by these conditions by the simple fact of placing an order in the "orders" section. Before you make use of TREE-D sa/nv services, you must read and accept our Data Protection Provisions which relate to TREE-D sa/nv services (Privacy Policy).

To do this, please tick the box where it says "I have read and accept the general terms and conditions and the data protection provisions"; in the "orders" section; you'll find it at the end of the order placement page. Tick this box if you accept.

Services offered

Via TREE-D nv/sa, you can send us digital photo files and ask us to laser engrave them on crystal or other products.

The charge for engraving on crystal or other products are fixed according to the rate in force at the time you sign the agreement, as shown on the website. Prices include all taxes.

Area of application

In theory, the TREE-D sa/nv order service is not restricted to any particular country, but TREE-D sa/nv reserves the right to restrict the service to a particular area at any time without notice. In this event the customer will be advised by message when placing an order and entering the order address and delivery address.

Registration following the setting up of a customer account.

When you wish to place an order, you may open a customer account. This offers you the advantage of being able to protect your personal data by the use of a password (for more information, please also check the data protection provisions). Your information can then be quickly recalled when placing future orders.

Customer account details must be correct and true. You are personally responsible for the confidentiality and use of your password. You must inform us if you suspect your password has been fraudulently used. We cannot be held liable in the event of any damage which may have occurred as the result of the fraudulent use of your customer account by third parties.

If you forget your password, we can send you a unique username (identifier) and password to your email address.

Date storage

We assume that you will also take care to safeguard your data (your digital photo files, for example) after we have provided our service. TREE-D nv/sa will not retain the photographic data you send to us. User data and invoicing data will be retained for one month after the order has been fulfilled. This is so that we can process any claims which might be made, for example. In all cases we shall retain any administrative data necessary for taxation and accounting purposes.

Intellectual property

You are responsible for the content of the photographic files you send us. You must hold any permits which may be required for the intended use of the photographic files uploaded, plus any intellectual property rights associated with them. You must undertake not to infringe the (intellectual property) rights of third parties. Your are solely responsible for the outcome of any infringement of intellectual property rights and you guarantee us and TREE-D nv/sa against any claims which may be made by a third party as the result of a breach or alleged breach of intellectual property rights which that third party may invoke. You also undertake to compensate TREE-D nv/sa for any damages for which you may be liable.

In order to allow TREE-D nv/sa to supply 2d engravings, 2d-3d conversions or the 3d engravings ordered, you give your permission for TREE-D nv/sa to perform all the operations necessary for this purpose, including those described in the law on copyright, such as storage and multiplication. TREE-D nv/sa is also authorised to subcontract these operations if they see fit. You state your agreement that the centring, trimming and contrast may differ slightly from of the material sent. Likewise, TREE-D reserves the right to engrave any text or logo in the style, cut or location it feels is appropriate.

TREE-D nv/sa has the right to check and confirm your password.

Delivery and consignment

We shall decide upon the delivery and consignment method which is most appropriate for the order. This provision is applicable regardless of the consignment method, even in cases where we bear the delivery costs. You are required to check the consignment upon receipt and to inform us of any claims you may wish to make by return of post.

Once the delivery is no longer our responsibility, it is your responsibility, as the customer, to produce evidence of any loss or damage which may have occurred. This provision is applicable in particular to cases in which we have entrusted delivery to a delivery service, carrier, or any other third party. This provision is not applicable to consumers.

Your orders will be processed as swiftly as possible. We shall do everything in our power to meet the agreed delivery deadlines. Claims for compensation and/or the cancellation of the contract on grounds of late delivery for which we or our agents are responsible are not acceptable under any circumstances. This provision does not apply in the event the delay is the result of an intentional act or serious negligence on our part or that of our agents.


Additional consignment, compensation, dissolution and liability

Should a fault occur, our liability is limited to an additional consignment (subsequent correction or replacement delivery in cases where it appears that the work, description or packaging is faulty, it being clearly understood that such a fault cannot be accepted if it results from normal wear and tear, inappropriate storage/treatment or failure to follow the instructions for use, care and handling. We can accept no responsibility for any modifications you have carried out yourself or for the results of actions by third parties).

As far as services are concerned, our liability is limited to an additional consignment in the event of a fault. In the event of an additional consignment, we have the right to choose the most suitable method from a technological and economic perspective, unless you are a consumer or you have made an alternative choice as a consumer. An alternative choice may not be imposed on us if it is not possible, or only at excessive cost.

Nor can we accept any liability for faults in the event of a difference between the original photograph and the engraving on the crystal, particularly if they are the result of the poor quality (due to poor resolution, for example) of the original images file. In any event, claims based on considerations of taste cannot be deemed faults.

Our technical department must be able to carry out an examination of the products in order to decide whether or not faults exist.

If you are the head of a company, the time period covering the right to an additional delivery and compensation is one year. This provision is not applicable in the case of delivery to retailers for sale to consumers. The right to compensation for costs incurred in attempting to rectify a fault does not apply to heads of companies.

A replacement delivery cannot result in an extension of the limitation deadline in the matter of claims.

If the agreed quality has not been provided, any larger claims are excluded. In no event shall the agreement cover subsequent damages arising from defects.

Recourse to the law in respect of remote sales for the purpose of cancelling the sale is prohibited on the grounds that hard copy or photographic products produced on your behalf are produced according to your specifications and are obviously of a private nature.

The means of defence, including the limits of liability, laid down in these terms and conditions are also applicable to agents working on our behalf.


Prohibited images

The uploading onto our TREE-D nv/sa website or the distribution thereby of any images in breach of any legislation or regulation, such as child pornography, for example, or any material in breach of intellectual property rights, is strictly prohibited. We, TREE-D nv/sa, our suppliers and our agents, have the right, but not the obligation, the check the content of photographic material made available to us according to this system, and to take all appropriate measures to declare such breaches. At the request of the police or any other public authority, or at any time we may see fit, we shall communicate the photographic data in whole or in part, together with the corresponding personal data, to the police or the appropriate public authorities.

We reserve the right to withdraw in whole or in part, without notice, any photographic data from TREE-D nv/sa and/or to refuse to engrave photographic data when we feel this is appropriate for legal or other reasons.


Service accessibility

We undertake to take all reasonable steps to keep the website fully operational around the clock. We accept no responsibility for any damages you may suffer on the grounds of the temporary, total or partial non-availability of the website or any other technical difficulty.

Terminating membership

We reserve the right to terminate your membership at any time. In this case all personal and other data relating to you shall be deleted.

You yourself may also terminate your TREE-D nv/sa membership by deleting your customer details. In this case all personal data recorded in your customer account, your photographic files and other information will be deleted. You may also completely remove your customer account and your files at any time, unless you have an order pending. Once this order has been fulfilled you are fully at liberty to delete your data.

Contrary delivery conditions

If your orders or other documents, files, texts or other communications sent electronically include conditions contrary to those included in these general terms and conditions, or if you attach additional conditions to this documentation, these additional conditions shall not be deemed to be part of the contract.

Equitable jurisdiction and applicable law

Any disputes arising as a result of this agreement or deriving therefrom shall be governed by Belgian law. If you are the head of a company, a legal entity or a public law fund, the Brussels court shall have jurisdiction to the exclusion of all others in hearing these cases. If you are not the head of a company, the absolutely and relatively competent court shall depend on the legal regulations governing the choice of the equitable jurisdiction.

The convention on contracts for the international sale of goods (Treaty of Vienna) is not applicable.

Validity

If one or more of the provisions included in these general terms and conditions should prove to be, or become, invalid in whole or in part, the remaining provisions shall not be affected in any way. The two parties to the contract shall undertake to apply, if appropriate, a new provision which shall resemble the invalid provision as closely as possible from a financial point of view.

Amendments

Should it be or become necessary at any time to amend, adapt or update these general terms and conditions in accordance with legal provisions or for any other reason, we shall inform you of the amendments and/or additions in question. The amendments and/or additions shall come into force from the moment notification thereof has been made and shall apply to all orders in the "orders" section plus all actions in the "albums" section which are received and processed following that date. This page shall always be the most recent version. Should there be any disagreement regarding the amendments made, you are at liberty to cancel the contract you have signed with us.

Questions

Any questions, comments and/or any claims you may have must be sent via e-mail, to our Service Center.

Remote sales

As a matter of principle you have the right, in the case of all products and services you purchase via an Internet website, to withdraw from the sale within 7 working days from the delivery of the product or the initiation of the service. If, however, the initiation of the service is immediate, you are not covered by this right of withdrawal. Nor are you covered by this right of withdrawal in the case of personalised products and services.

Note: If you order a 2d engraving, a 2d to 3d engraving or a 3d engraving with on-line personalisation, you may not have recourse to the abovementioned right of withdrawal, since the products in question are clearly of a personal nature.