GENERAL CONDITIONS OF USE OF THE WEBSITE
Welcome to the EXKi website that enables you (i) to learn about who we are and our range of products and services, (ii) to provide feedback thereon, and (iii) to place your orders online.
By accessing and/or using this website (hereafter referred to as « the Site »), you agree to comply with and be bound by the following general conditions of use and where appropriate the other conditions and regulations found on the Site. The use of the Site, and more specifically your prerequisite registration for online ordering, confirms your acknowledgement and acceptance of the conditions of use. These conditions are subject to change and we ask you therefore to regularly check their content to take knowledge of any changes made. Unless otherwise indicated, these changes will take effect as soon as they are posted on the Site.
Should you disagree with any of these conditions, you must not use the Site or any of the associated services.
Website Editor. The Site is managed by EXKi SA, whose registered office is located at 1050 Ixelles, chaussée d’Ixelles 12, and business number is 0472.429.986.
Disclaimer – Website Content. The Site aims primarily to introduce EXKi and its products and services.
EXKI strives to ensure that the content of the Site remains accurate and up-to-date at all times. However, EXKi does not guarantee the accuracy, reliability, suitability, completeness or timeliness of the Site content. EXKi cannot therefore be held liable for any typographical or other errors or inaccuracies found in the Site content.
Equally, and subject to any contrary and mandatory provisions of the law that may apply to you as consumer, EXKi shall not in any event be liable for any loss, direct or indirect, resulting from access to and/or use of this Site or its content, including but not limited to, the loss of data, for whatever reason, even when EXKi has been advised of the possibility of such a loss.
Equally, EXKi shall not be liable for any damages resulting from a serious error it may have committed. You agree to indemnify and hold EXKi, and its representatives, agents and employees, harmless from any demands or claims, including reasonable lawyers’ fees, made against EXKi by a third party, caused by or resulting from any failure on your behalf to comply with these general conditions of use or any document referred to therein, or any violation on your part of any laws or rights of these third parties.
General conditions of use of the Site. You agree not to collect or obtain any personal data from any other user of the Site or any associated service, without obtaining prior consent from the user. You are also strictly forbidden to download or reuse any major portions of the Site, or to download or reuse systematically or regularly any less significant portions of the Site. You are also forbidden to spread viruses or use any technology that could prejudice the good working of the Site or the interests of its other users.
Specific conditions relating to the services offered on the Site. Only users who have properly registered on the Site are able to order products and services on the Site in accordance with the available means selected when placing the order. In this regard, we refer to our general conditions of sale.
As a consumer of goods and/or services made to your specifications, you recognize and accept that once an order is placed, it cannot be cancelled, and this in accordance with Article 16 (d) of the European Directive 2011/83/UE of 25 October 2011 regarding consumer rights and Article VI.53 of the Code of Economic Law.
Functioning of this Site. Despite the steps taken by EXKi to ensure the best possible functioning of this Site, EXKi cannot provide any guarantee concerning the access, content, availability or good working of this Site and shall not be held liable for any action or inaction by other users, any interruption in the availability or defect in the working of the Site, regarding its security in particular, whatever the cause, as this may arise from a number of factors outside of EXKi’s control.
Moreover, EXKi reserves the right, at any time and without reason, to suspend or terminate the operation of the Site.
In the event of a dispute relating to electronic communications involved in the use of this Site (such as for communicating with this Site, etc.), EXKi technical data shall be deemed of greater probative value.
Intellectual property rights. This Site and its content, including but not limited to, products (whether personalized or not), texts, graphics, photographs, videos, sounds, logos and icons, are protected by copyright and/or other intellectual property rights (trademarks, databases, etc.) and must not be copied, reproduced, distributed, used, adapted and/or translated, either in part or in their entirety, without prior written consent from EXKi and/or the owner of the right in question. Any use hereof contrary to these conditions is expressly prohibited.
Hyperlinks to third party websites. Links to other websites from our Site are not controlled by EXKi and EXKi shall not be held liable for any illegal content on these websites or for any links they contain to other websites. The presence of links to other websites from this Site does not imply any endorsement or quality guarantee by EXKi.
Commitment to privacy. Any personal data collected by EXKi, particularly during your registration as user of the Site, shall not be disclosed to any third parties for marketing purposes without your prior consent. Such information will be used solely in accordance with the General Data Protection Regulation. Furthermore, this information is stored and processed on servers in Europe that are controlled by EXKi to ensure the highest physical and technological level of data security. We ask you not to use EXKi services and its Site if you do not agree with the General Data Protection Regulation.
Use of « Cookies ». Cookies are small pieces of text that a website transfers to a user’s hard drive for user identification purposes. The cookies enable the website to collect information in order to facilitate your use of the website. EXKi uses cookies to optimize and personalize your online user experience. We also use cookies to remember your details for when you next visit. If you prefer to allow or disallow cookies, go to the « help » section of your browser to review your settings. If you disallow all cookies, you may no longer be able to access certain portions of the Site. By visiting the Site, you agree expressly to the use of cookies as described above.
Governing law and jurisdiction. This Site, its operation and use, are governed by Belgian law, except regarding rules of conflicts of law. Subject to any mandatory regulations to the contrary, the French-speaking courts of Brussels have sole jurisdiction over any dispute related to the access and/or use of this Site. Information on alternative regulations regarding disputes can be obtained via http://ec.europa.eu/odr/
Should you have any questions regarding these conditions of use or the General Data Protection Regulation, please contact EXKi by email (hello@EXKi.com), or by post to EXKi SA, chaussée d’Ixelles 12, 1050 Brussels.
NOTICE TO CUSTOMERS REGARDING PRIVACY AND DATA PROTECTION
Last updated: 25/05/2018