STANDARD TERMS AND CONDITIONS OF SALE
Last modified: November 30, 2023
Please read these Terms and Conditions of Sale or Service carefully before using our Products and/or Services. The present General Conditions of Sale apply, without restriction or reserve, to all products and/or services offered for sale on Open-Teck (www.open-teck.com) (hereinafter referred to as "the Site").
The fact that an individual or a legal entity orders on the Website implies full acceptance of these General Terms of Sale. They are accessible at any time on the Site and will prevail, if necessary, on any other version and on the own general conditions of purchase or others of the Customer.
Interpretation and Definitions
Interpretation
Words with capitalized initials have meanings defined by these terms. The following definitions shall have the same meaning whether they appear in the singular or plural.
Definitions
For the purpose of these Terms and Conditions:
- Affiliate: means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities giving the right to vote for the election of directors or other management authority.
- Country: refers to Belgium
- Company (also referred to as "the Company", "We", or "Our" in this Agreement): refers to Open-Teck, 4 rue Noir Mouchon 7850 Enghien.
- Device: means any device that can access our Services such as a computer, cell phone or digital tablet.
- Service: refers to one or more Services commercialized by the Company, in the form of services.
- Product: refers to one or more Products marketed by the Company, in the form of physical or digital items.
- General Terms and Conditions of Sale: refers to these General Terms and Conditions of Sale or Provision of Services which constitute the entire agreement between You and the Company with respect to the use and/or consumption of its Services and Products.
- Third Party Social Media Services: means any service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available through the Services and Products.
You: means the individual who accesses or uses the Services and Products, or the business or other legal entity on whose behalf such individual accesses or uses the Services and Products.
Acknowledgement of receipt
These terms and conditions govern the use of this service and constitute the agreement between you and the Company. These terms and conditions set forth the rights and obligations of all users regarding the use of the Products and Services.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access the Service.
You represent that you are over the age of 18. The Company does not permit persons under the age of 18 to use the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures for collecting, using and disclosing your personal information when you use the App or the Website and informs you of your privacy rights and how the law protects you. Please read our privacy policy carefully before using our service.
Links to other websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party website or service. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or service.
We urge you to read the terms and conditions and privacy policies of any third-party website or service you visit.
Cancellation
We may terminate or suspend your access immediately, without notice or liability, for any reason, including, but not limited to, if you violate these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of liability
Notwithstanding any damages you may suffer, the Company's and its suppliers' entire liability under any provision of these Terms and your exclusive remedy for any of the foregoing shall be limited to the amount actually paid by you through the Service or $100 if you did not purchase anything through the Service.
To the maximum extent permitted by applicable law, in no event will the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way connected with the use of or inability to use the service, third party software and/or third party hardware used in connection with the service, or otherwise in connection with any provision of these terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy does not fulfill its essential purpose.
Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply. In such states, each party's liability shall be limited to the fullest extent permitted by law.
"AS IS" and "AS AVAILABLE" disclaimer
The service is provided to you "AS IS" and "AS AVAILABLE", with all faults, without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on behalf of itself and its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company makes no warranties or covenants, and makes no representations whatsoever that the Service will meet your requirements, achieve expected results, be compatible or function with any other software, application, system or service, operate uninterrupted, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Company nor any of its suppliers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content and materials or products included therein; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the service ; or (iv) that the service, its servers, content or e-mail sent by or on behalf of the company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or the limitation of a consumer's applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. But in such case, the exclusions and limitations set forth in this section shall apply to the fullest extent permitted by applicable law.
Applicable law
The laws of the country, excluding its conflict of laws rules, govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.
Dispute Resolution
In the event of a problem or dispute regarding the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.
For users in the European Union (EU)
If you are a consumer in the European Union, you will benefit from all the mandatory provisions of the law of the country in which you reside.
Compliance with Belgian legislation
You represent and warrant that (i) you are not located in a country that is embargoed by the Government of Belgium, or that has been designated by the Government of Belgium as a country "supporting terrorism," and (ii) you are not on any Government of Belgium banned or restricted party list.
Severability and waiver
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified and construed to effect the purposes of that provision to the maximum extent possible under applicable law and the remaining provisions shall remain in full force and effect.
Waiver
Except as provided herein, failure to exercise any right or require performance of any obligation under these Terms will not affect a party's ability to exercise such right or require such performance at any time thereafter, and waiver of any breach will not constitute a waiver of any subsequent breach.
Translation and Interpretation
These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the event of a dispute.
Changes to these Terms and Conditions
We reserve the right, in Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will use reasonable efforts to provide at least 30 days' notice prior to the new Terms becoming effective. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our service after such revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please discontinue use of the Website and the Service.
Contact us
If you have any questions about these terms and conditions, you can contact us :
- By email : [email protected]